SR-402-001 (25)
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NO\} 1 4 1989
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C/ED:PB:DKW:DM
Council Mtg: November 14, 1989
Santa Monica, California
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TO: Mayor and City Council
FROM: city staff
SUBJECT: certification of statement of Official Action for
Appeal of Planning Commission Denial of Conditional Use
Permit 534 and Variance ZA 5395-Y to Allow the
Operation of a 180 Seat Restaurant and the Issuance of
a General Alcohol License to Allow On-site consumption
at 1413 5th Street.
INTRODUCTION
This report recommends that the city Council certify the attached
statement of Official Action for the above referenced appeal.
BACKGROUND
After a pUblic hearing, and careful review of the record and
staff recommendation, the City Council reversed the Planning
commission's denial of a proposal to operate a 180 seat
restaurant with a general alcohol license to allow on-site
consumption subj ect to the findings contained in the attached
statement of Official Action.
RECOMMENDATION
It is respectfully recommended that the council certify the
attached statement of Official Action.
Prepared by:
David Martin, Associate Planner
D. Kenyon Webster, Principal Planner
Paul Berlant, Director of Planning
Planning Division
Community and Economic Development Department
h..:r
NOV 1 4 1989
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Attachment: city Council statement of Official Action
DM
HP/DR483CC
06/15/87
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STATEMENT OF OFFICIAL ACTION
PROJECT
NUMBER: Conditional Use Permit 534
Variance ZA 5395-Y
LOCATION: 1413 5th street
APPLICANT: Pacific Court Holdings
REQUEST: Application for a Conditional Use Permit and a
variance to allow the operation of a 180 seat
restaurant and the issuance of a General Alcohol
License to allow on-site consumption.
CITY COUNCIL ACTION
8/22/89
Date.
x
Approved based on the following findings and
subject to the conditions below.
Denied based on a lack of four votes.
other.
CONDITIONAL USE PERMIT FINDINGS
1. The proposed use is one conditionally permitted within the
subject district and complies with all of the applicable
provisions of the "city of Santa Monica Comprehensive Land
Use and Zoning Ordinance", in that the proposed restaurant
would be located in the Downtown Core and the C3C zone,
both of which allow such uses.
2. The proposed use would not impair the integrity and
character of the district in which it is to be established
or located, in that the Land Use Element of the General
Plan encourages such uses in the Downtown area.
3. The subject parcel is physically suitable for the type of
land use being proposed, in that the restaurant will be
located in a previously approved retail/office building.
4. The proposed use is compatible with any of the land uses
presently on the subject parcel if the present land uses
are to remain, in that patrons using the proposed retail,
office and residential space can also utilize the proposed
restaurant.
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5. The proposed use would be compatible with existing and
permissible land uses within the district and the general
area in which the proposed use is to be located, in that
the use would be located in the C3C zoning district and
the Downtown Core Land Use District which allow retail
commercial uses.
6. There are adequate prov1s10ns for water, sanitation, and
public utilities and services to ensure that the proposed
use would not be detrimental to public health and safety,
in that the proposed use would be located in a previously
approved office/retail/residential project, which has been
determined to be adequately served by existing public
utilities.
7. Public access to the proposed use will be adequate, in
that the use would be located in a previously approved
project which has been determined to be adequately served
by existing roadways.
8. The physical location or placement of the use on the site
is compatible with and relates harmoniously to the sur-
rounding neighborhood, in that the restaurant may serve
patrons utilizing existing and proposed services in the
area.
9. The proposed use is consistent with the goals, objectives,
and policies of the Third street Mall Specific Plan in
that Policy 4.1.11 encourages the introduction of uses
which would attract nighttime use of the mall such as
movie theatres, cultural performances halls, restaurants,
and entertainment facilities.
10. The proposed use would not be detrimental to the public
interest, health, safety, convenience, or general welfare,
in that the use would be located in a commercial location
suitable for a restaurant.
11. The proposed use conforms precisely to the applicable per-
formance standards contained in Subchapter 6, Section 9050
and special conditions outlined in Subchapter 7, Section
9055 of the City of Santa Monica Comprehensive Land Use
and Zoning Ordinance, in that no performance standard per-
mits are required.
12. The proposed use will not result in an overconcentration
of such uses in the immediate vicinity, in that the res-
taurant will be located in a commercial area and may serve
patrons utilizing existing offices and shops in the
vicinity.
ALCOHOL OUTLET FINDINGS
1. The proposed use and location are in accordance with good
zoning practice, in the public interest, and necessary
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that substantial justice be done in that the use is one
conditionally permitted in the C3C zone.
2. The proposed use is compatible with existing and potential
uses within the general area; traffic or parking
congestions will not result; the public health, safety,
and general welfare are protected; and no harm to
adjacent properties will result in that the proposed use
would be located in a previously approved commercial
project.
3. There will be no detrimental affect on nearby
residentially zoned neighborhoods considering the distance
of the alcohol outlet to churches, schools, hospitals,
playgrounds, parks, and other existing alcohol outlets in
that the conditions for approval will minimize the
potential affect on the adjacent uses.
VARIANCE FINDINGS
L There are special circumstances or exceptional charac-
teristics applicable to the property involved, including
size, shape, topography, location, or surroundings, or to
the intended use or development of the property that do
not apply to other properties in the vicinity under an
identical zoning classification, in that there is parking
available at the times when the restaurant will be in full
operation and provisions have been made to ensure that
sufficient parking is available.
2. The granting of such variance will not be detrimental or
injurious to the property or improvements in the general
vicinity and district in which the property is located, in
that the proposed restaurant is an encouraged use within
the downtown area.
3. The strict application of the provisions of this Chapter
would result in practical difficulties or unnecessary
hardships, not including economic difficulties or economic
hardships, in that the proposed restaurant would not be
permitted without the variance.
4. The granting of a variance will not be contrary to or in
confl ict with the general purposes and intent of this
Chapter, or to the goals, objectives, and policies of the
General Plan, in that restaurants are encouraged in the
downtown area and shared parking is permitted.
5. The variance would not impair the integrity and character
of the district in which it is to be located, in that ade-
quate parking is available in the downtown area.
6. The subject site is physically suitable for the proposed
variance, in that the project is a mixed use building
which may employ a shared parking plan.
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7. There are adequate prov~s~ons for water, sanitation, and
public utilities and services to ensure that the proposed
variance would not be detrimental to public health and
safety, in that the proposed use would be located in an
existing mixed use project.
8. There will be adequate provisions for public access to
serve the subject variance proposal in that sufficient
parking is available within the downtown area.
9. The strict application of the provisions of Chapter 10 of
the City of Santa Monica Comprehensive Land Use and Zoning
Ordinance would result in unreasonable deprivation of the
use or enjoyment of the property, in that code required
parking is not necessary based on a shared parking
concept.
SPECIAL CONDITION
1. Lunch service shall be permitted only after a lease has
been secured for 30 parking spaces to the satisfaction of
the Planning Director.
ALCOHOL OUTLET CONDITIONS
1. The owner shall prohibit loitering in the parking area and
shall control noisy patrons leaving the restaurant.
2. The primary use of the premises shall be for the sale of
food, both sit-down meal service to patrons and for
take-out.
3. The premises shall maintain a kitchen or food-serving area
in which a variety of food is prepared and cooked on the
premises.
4. The premises shall serve food to patrons during all hours
the establishment is open for customers.
5. Seating arrangements for sit-down patrons shall not exceed
180 seats and the number of total seats shall not be
expanded unless approved by the Planning Commission.
6. Take out service shall be only incidental to the primary
sit-down use.
7. Final plans for any changes to exterior design,
landscaping, trash enclosures, and/or signage shall be
subject to review and approval by the Architectural Review
Board. '
8. Minor amendments to the plans shall be subject to approval
by the Director of Planning. An increase of more than 10%
of the square footage or a significant change in the
approved concept shall be SUbject to Planning commission
Review. Construction shall be in substantial conformance
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with the plans submitted or as modified by the Planning
Commission, Architectural Review Board, or Director of
Planning.
9. The applicant shall comply with all legal requirements
regarding provisions for the disabled, including those set
forth in the California Administrative Code, Title 24,
Part 2.
10. Refuse areas, storage areas, and mechanical equipment
shall be screened in accordance with Sec. 9127J.2-4
(SMMC). Refuse areas shall be of a size adequate to meet
on-site need.
II. The operation shall at all times be conducted in a manner
not detrimental to surrounding properties or residents by
reason of lights, noise, activities, parking, or other
actions.
12. No noise generating compressors or other such equipment
shall be placed adjacent to neighboring residential
buildings.
STANDARD CONDITIONS
l. Plans for signage shall be subject to review and approval
by the Architectural Review Board.
2. This approval is for those plans dated May 16, 1988, a
copy of which shall be maintained in the files of the City
Planning Division. proj ect development shall be consis-
tent with such plans, except as otherwise specified in
these conditions of approval.
3. The operation shall at all times be conducted in a manner
not detrimental to surrounding properties or residents by
reason of lights, noise, activities, parking or other
actions.
4. street trees shall be maintained, relocated or provided as
required in a manner consistent with the City'S Tree Code
(Ord. 1242 CCS), per the specifications of the Department
of Recreation and Parks and the Department of General Ser-
vices. No street tree shall be removed without the ap-
proval of the Department of Recreation and Parks.
5. Ultra-low flow plumbing fixtures are required on all new
development and remodeling where plumbing is to be added.
(Maximum 1.5 gallon toilets and 1.0 gallon urinals and low
flow shower head.)
6. The Plans shall comply with all other provisions of Chap-
ter 1, Article IX of the Municipal Code, (Zoning Or-
dinance) and all other pertinent ordinances and General
Plan policies of the City of Santa Monica.
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7. Within twenty-one days of final project approval, project
applicant shall sign a copy of the statement of Official
Action prepared by the Planning Division, agreeing to the
conditions of approval and acknowledging that failure to
comply with such conditions shall constitute grounds for
potential revocation of the permit approval. Failure to
comply with this condition shall constitute grounds for
potential permit revocation.
VOTE
Ayes: Abdo, Finkel, Katz, Reed, Zane
Nays: Genser
Abstain:
Absent: Jennings
I hereby certify that this statement of Official Action
accurately reflects the final determination of the city Council
of the City of Santa Monica.
signature
date
print name and title
PC/CCCUP534
DM
10/31/88
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