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SR-402-001 (34) L/tJz,-C/o / ~.A FES 2 j 1988 CjED:SF:DM council Mtg: February 23, 1988 Santa Monica, California TO: Mayor and City Council FROM: City Staff SUBJECT: Appeal of Planning commission Denial of Development Review 397 and Zoning Administrator Use Permit 5233-U, 1540 Second Street. Addition of a Drive-Through Lane and 240 Square Feet of Floor Area To An Existing Mc Donald I s Restaurant. Applicant \Appellant: Lardas Management, Inc. INTRODUCTION This report recommends that the City Council deny the appeal of the applicant and deny Development Review 397 and Zoning Administrator Use Permit 5233-U for the construction of a drive-through lane and a 240 square foot addition to an existing McDonalds Restaurant. The Planning Commission denied the project by a 4-1 vote, with one abstention and one absence, on November 16, 1987. The applicant is appealing that decision. BACKGROUND The drive-through addition is proposed for an existing McDonald1s Restaurant on the northwest corner of Colorado Boulevard and Second Street in the Downtown Frame Land Use District. The drive-through would replace a row of parking along the west side of the existing restaurant. Two hundred and forty square feet of floor area would be added to accommodate the drive-through windows and cashiers booths. The addition would include the construction of a block wall between the proposed drive-through lane and the existing parking lot. No other alterations are - 1 - ~.A FEB 23 1988 proposed for the exterior or interior of the recently remodeled restaurant. The proposed project would result in the loss of twenty parking spaces. Of the remaining forty spaces, ten would be compact and one would he handicap. Parking requirements would still he met. Existing points of ingress and egress would remain and no alterations are proposed for the overall circulation pattern of the parking lot. A parking plan has been approved by the Department of Parking and Traffic. The city's Traffic Engineer's comments regarding on-site circulation are noted below. He has raised concerns about turning movement conflicts between the drive-through and access driveways. Hours of operation of the proposed drive-through would be the same as the existing restaurant; 6:00 a.m. to 12:00 midnight, seven days a week. The proposed proj ect was denied by the Planning Commission at their meeting of November 16,1987. The Commission's denial was based on inconsistencies with the C3 zoning requirements and Land Use Element policies. The Commission also expressed concerns regarding excess noise and traffic that could potentially be generated by a drive-through addition. The applicant subsequently appealed the Commission's denial based on the contention that the drive-through would not create excess traffic congestion or produce an increase of noise. Furthermore, the applicant has stated that there are many other traffic dominated uses in the area and to deny his application would be to treat his property unfairly. - 2 - The applicant originally proposed a drive-through with the initial application for construction of the restaurant in 1976. At that time the Planning commission approved the restaurant with the condition that the drive-through portion of the plan be eliminated. Since the opening of the restaurant in 1977, the applicant has made several inquiries to staff regarding the feasibility of adding a drive-through facility. In response to each inquiry, staff has informed the applicant of the potential problems associated with a drive-through lane at the subject location. Most recently, in May of 1985, staff informed the applicant that the only mechanism by which they could pursue their proposal would be to submit for Planning Commission consideration of a Development Review and a Zoning Administrator Use Permit. ANALYSIS The Planning Commission found at the November 16 meeting that the proposed project was inconsistent with the Land Use Element for the Downtown Frame Land Use District. Specifically, Land Use Element Policy 1. 3.4 states that in the Downtown areas, uses should ".. .be active pedestrian oriented (shop fronts, cultural activities, cafes, and other uses catering to walk-in traffic) in order to promote pedestrian activity at the ground floor. The Planning Commission also found that the addition of a drive-through at the subject location would be inconsistent with the C3 section of the Municipal Code. One of the original conditions of approval allowing McDonald's to develop the site in 1977 was fl... that the drive-through portion of the operation - 3 - shall be eliminated and all sales and services shall be conducted entirely within an enclosed building in accordance with C3 regulations." The intent of the original approval for McDonald I s appears to have been centered around the pedestrian use of the restaurant rather than a drive-through operation. The subject restaurant is located in a sensitive pedestrian oriented area of the City. Given the sitets close proximity to such pedestrian oriented activities as Santa Monica Place, Third Street Mall, Santa Monica Pier, and Palisades Park, it is important that the restaurant continue to cater to a pedestrian based clientele. Furthermore, to allow a drive-through at this time would be inconsistent with the original approval for the restaurant granted in 1977. In addition to the aforementioned inconsistencies with the Municipal Code and the Land Use Element, the Planning Commission also expressed concerns related to the site layout, increased traffic congestion and noise. Specifically, the drive-through addition and buffer wall could result in the creation of "blind corners" and conflicting traffic flow. Furthermore, the length of the drive-through lane does not appear sufficient to accommodate vehicles waiting in line which may cause queuing problems and blockage of through traffic lanes. In addition to the problems associated with traffic flow, the proximity of the drive-through lane to the dining room entrance could create a hazard for pedestrians entering and exiting the building. - 4 - RECOMMENDATION It is respectfully recommended that the council deny the appeal and deny Development Review 397 and zoning Administrator Use Permit 5233-U with the findings contained in the November 16, 1987 Planning Commission staff report. Prepared by: David Martin, Assistant Planner Suzanne Frick, Principal Planner Planning Division Community and Economic Development Department Attachments: A. B. C. Letter of Appeal by Rosario Perry. Nov. 16, 1987 Planning Commission staff Report. Nov. 16, 1987 Planning Commission statement of Official Action. Project Plans. D. DM: PC/CCDR397 01/14/88 - 6 - 1\T \ V't.,...l \1 nCllT n LAW OfFICES Of ROSARIO PERRY A PllOffSSlONAl COIlPOAATlON 1t- 121261 CITY OF S.A~'T A MONIC;: CITY PL AN~ -< II'TJl - OCEAN AVENUE I..A.W OFFICES 1333 OCEAN AVENUE SANTA MONICA CALIFORNIA 90401 (213) 394-9831 .87 NaV 30 P 4 :44 November 30, 1987 Re: Appeal of Planning Corr~i~~ion ~[proval of Dl? .397,1560 2nd Street, Santa l~or..ica, CA City of Santa Monica Pl.tn~ing Starf/Department !6C5 11<.1in Street frnta Monica, California 90401 Dear Staif: On behalf of gr. N~ck LdrdaG, 0rprator/Owner of the MacDonal~'s restaurant located at 2nd and Colorado, ! wish to file an appeal frOl:1 the Planning Con,mission I s decision of ~onday, November 16, 19B? We are oppealing the Planning Comm~ssion'E r~pia] of 11r. Lardas t s application for a drive-through hecause we feel tr~t the drive-through will not cr~ate excess traff~c con- gestion nor w~ll it produce an increased level of r.oise from the site. The traffic p~an arC' overall design of the drive- through conforIt1s to the requirements of the present zonizig use. There are llIany other trdffic donanGlteG ut.ct" ip tl:e nC.:ighborhoods surrounding lv~acDonuld' S dnd to deny his appl i- cc~ion would be to treat his property untairly. Under Sec- tl.ClI! 9146A5, the City is required to pE'rmi t the drive- through if adequate protectton~ car. be provided to make said drive-throu~h cc~pntible with the uses in the C-3 aibLrict. The application filed by Mr. Lardas has adequately addressed ~hp potential problems createu by such a drive-through and tt:~1-'f' fore sheuld be approved. Fe~~\4 subrritted, ROSARIO PE~~ PF:BB Fr.closure (check) CLIN6A/LARDAS~lJ2 ~~ AttC\c..hmc.t1t tS . " ~f '. ( " ( 713 ,~(....,...... - CITY PLANNING DIVISION Community and Economic Development Department ,,~~~~~--!.~{.. ",. ~.........:"'7-~- \~~~~~--"' - M E M 0 RAN 0 U M . >, -~.~... -. ,,t_:<..,..- ,- ~ - = . . DATE: November 16, 1987 TO: The Honorable Planning Commission --...-.,~ FROM: Planning Staff SUBJECT: OR 397, ZA 5233-U, To Allow a Drive-Through Lane and Addition of 240 Sq. Ft. to an Existing McDonalds Restaurant for Drive-Through Windows and Cashier Booths. Address: Applicant: 1540 Second street Lardas Management, Inc. SITE LOCATION AND DESCRIPTION The subj ect property is an existing McDonalds restaurant on a 37,500 sq.ft. parcel located on the northwest corner of Colorado Avenue and Second Street. Surrounding uses consist of the two story Pacific Sands Motel to the north (C3), the Holiday Inn Hotel across Colorado Avenue to the south (C3), Santa Monica Place across Second Street to the east (C3), and a two and three story, mixed use, retail/office/residential building across Ocean Court alley to the west (C3). Zoning District: C3 Land Use District: Downtown Frame Parcel Area: 150' X 250' = 37,500 sq.Ft. PROPOSED PROJECT The applicant requests to add a drive-through facility to an existing McDonalds Restaurant. The drive-through would replace a row of parking along the west side of the existing restaurant. Two hundred and forty square feet of floor area would be added to accommodate the drive-through windows and cashier booths. The addition would also include a block wall between the proposed drive-through lane and the existing parking lot. No other alterations are proposed for the exterior or interior of the existing restaurant which has recently been remodeled. There are currently sixty parking spaces on site. The proposed drive-through would result in the loss of twenty spaces. Of the remaining forty spaces, ten would be compact and one would be handicap.- Existing points of ingress and egress would remain and no alterations are proposed for the overall circulation pattern - 1 - f) ( ( of the parking lot. A parking plan has been approved by the Department of Parking and Traffic. Hours of operation of the proposed drive-through would be the same as the existing .". , restaurant - 6:00 a.m. to 12:00 midnight, seven days a week. ~~,~-- . - --:.-~~- ~ MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE The proposed project is inconsistent with the Municipal Code. The use is not a permitted use specifically identified in the C3 zone. Therefore a Use Permit, under Section 9l46A5 (SMMC) would be required to allow a C4 use in the C3 zone. Furthermore, the use is not a permitted use specifically identified in the Downtown Frame District of the Land Use Element. Therefore the Planning Commission would have to find that the proposed use is consistant with the General Plan. A Development Review is required under Ordinance 1321 to determine if the use is appropriate in the Downtown Frame. CEQA STATUS This project is categorically exempt from the provisions of CEQA, City of Santa Monica Guidelines for Implementation (Class 1.5). FEES The project is not subject to any development fees. ANALYSIS The proposed project is located in the Downtown Frame Land Use Element district. The addition of a drive-through to the existing McDonalds restaurant would not be consistant with the policies and objectives of the Land Use Element for this particular district. Specifically, Land Use Element policy L 3.4 states that in the Downtown Areas" uses should ".. .be active pedestrian oriented (shop fronts, cultural activities, cafes, and other uses catering to walk-in traffic) in order to promote pedestrian activity at the ground floor". In reviewing the case history on this project, staff finds that one of the original conditions of approval allowing McDonalds to develop this site in 1977 was tI...that the drive-through portion of the operation shall be eliminated and all sales and services shall be conducted entirely within an enclosed building in accordance with C3 regUlations". The intent of the original approval for McDonalds appears to have been centered around the pedestrian use of the restaurant rather than a drive-through operation. The subject restaurant is located in -a sensitive pedestrian oriented area of the City. Given the site's close proximity to such pedestrian activites as Santa Monica Place, Third Street Mall, Santa Monica Pier, and Palisades Park, it is important that the restaurant continue to cater to a pedestrian based clientale. Furthermore, to allow a - 2 - .. ( ( I drive-through service at this time would be inconsistent with the original approval for the restaurant granted in 1977. In addition to the above mentioned concerns, the proposed ~~':.'~'---'--modifications appear to present potential problems in regard to "_._ _site layout and design. Specifically, the drive-through addition and buffer wall may result in the creation of IIblind corners" and conflicting traffic flow. Furthermore, the length of the drive-through lane does not appear sufficient to accommodate vehicles waiting in line which may cause queueing problems and blockage of through traffic lanes. In addition to the problems . associated with traffic flow, the proximity of the drive-through to the dining room entrance could create a hazard for pedestrians entering and exiting the building. RECOr-IMENDATION It is respectfully recommended that the Planning Commission denies DR 397 and ZA 5233-U with the following findings: FINDINGS 1. The development is inconsistent with the findings and pur- pose of Ordinance 1321 as set forth below. 2. The physical location and placement of proposed structures on the site are incompatible with and do not relate harmo- niously to surrounding sites and neighborhoods in that the Downtown Frame Land Use Element encourages uses that are pedestrian oriented in order to promote pedestrian activi- ty. Furthermore the C3 zoning regulations state that all sales and services shall be conducted entirely within an enclosed building. 3. The existing and/or proposed rights-of-way and facilities for both- pedestrian and automobile traffic will be inade- quate to .accommodate the anticipated results of the pro- posed development including off-street parking facilities and access thereto in that the existing parking currently appears to be insufficient at peak operating hours and the existing two-way traffic flow, combined with the proposed drive-through could result in potential hazards for pedestrians as well as motorists. 4. The existing and/or proposed public and/or private health and safety facilities (inClUding, but not limited to, sanitation, sewers, storm drains, fire protection devices, protective services, and public utilities) will be inade- quate to accommodate the anticipated results of the pro- posed development. S. The proposed development is inconsistent with the General Plan of the city of Santa Monica and the Zoning Ordinance i~ that the project will not conform to the height, bulk, use and urban design policies for the Downtown Frame as specified in the Land Use Element of the General Plan and - 3 - " ( ( will not conform to the appropriate C3 standards contained in the Zoning Ordinance. _~~~~"- .....~L~ Prepared by: David Martin, Assistant Planner OM: nh DR397 11/09/87 Attachments: A. Letter from Applicant Regarding Use Permit Application. B. Letter from Applicant Regarding Development Review. C. Letter from Steve Graham dated 9/9/87. D. Findings and Determination Dated 7/26/76 on ZA 245-U. . - 4 - ( ( PLfu~NI~G CO~rnISSION ~ ..c.:-;~TP':-:._~__..-.o=-~ _ APPLICATIO~{ FOR DEVELOP~1ENT REVIEW ... A~t~~.....~~ : *"-~ -; 1540 2nd Street ATTACHMENT I __...... ..,.j,~" ~~'~~~How the proposed use and improvements will meet the required findings specified -in the attached "Development Review/Site Review Submission Requ1rements." During the past ten years. zoning authorities have denied several requests for approval of a drive through addition to the restaurant located at 1540 2nd Street in Santa Mon~ca. These past refusals have been based upon assumptions and grounds that are no longer valid in 1987. It is time to take a fresh look at the situation. For example. S1nce the init~al den1a1 in 1976. the restaurant itself has been bu~lt. Other new buildings have been constructed in the area, and the physical nature of the ne1ghborhood has changed. New noise - . suppression techno1og1es have been implemented. And the area surrounding the restaurant has become automobile or1ented. not pedestrian or1ented. due to the nature of the location and to the preferences of Santa Mon1ca res1dents. Look at the'neighborhood. All of the propert1es 1n the area are automob1le based: Two motels; an auto repa1r garage; one very large, multi-story Mall parking garage; the R}u~D Corporat1on parking lot; the Santa Monica Freeway; several commercial developments that rely on valet parking. Most of the landscaping in the neighborhood is done in concrete. On the other hand, constructed before some of the other buildings were even approved and built. the restaurant is now the only green, grassy oasis in the concrete area. Well managed, operating since 1977, with a recently and very expensively remodeled interior dining area. it has become the only important contributor to pedestrian traffic in the immediate neighborhood. All other important projects are primarily automobile based. As discussed below, approval of a hidden, well landscaped, noise suppressed drive through facility will not change this pedestrian ( ( . . 1540 2nd Street Development Review Attachment Page Two ......:='_..............~.: ...- orientation or involvement. In fact, it can be expected to increase pedestrian interest, since customer lines will be shorter, since more grassy spaces will he added, and since current access will not be any different. ... - ~ .-..~_- In addition, to deny the type of facility planned might even be ~~.............~~..- -.... considered discriminatory in 1987, in the light of the basic automobile orientation of the area, the basic pedestrian design orientation of the restaurant, and the newly planned ~~ Corporation multi-story parking garage to be located across the street. To provide a more detailed perspective. the discussion that follows considers a brief history of project applications, the physical nature of the area around the restaurant, and f1ndings under Development ReV1ew examination. As the facts and find1ngs ind1cate, approval should be granted. The well landscaped, hidden, and n01se suppressed drive through facility w111 meet the objectives and polic1es of the General Plan and Land Use Element; maintain the ambiance of the ne1ghborhood and its attractiveness to out of town vis1tors; help pedestrian walk in customers; and be of benefit to the people of Santa Mon1ca. An Historical Perspect1ve When an initial request for approval was subm1tted with plans for the restaurant in 1976, it was denied because the expressed intent of zoning planners was to keep the entire neighborhood "pedestr1an or1ented" and to keep the restaurant from becoI'ling "automobile dependent." In addition to these objections. there also was reliance on one single objecting letter. The letter stated that the writers were "appalled" by the "vast" amount of parking that m~ght be necessary to serV1ce the restaurant, and they voiced honest concern about traffic. ecology, and the "garish architectural style and plastic atmosphere on which fast food seems <10 thrive." The writers added that '~cDonald's are exceedingly ugly, and would b; intrusive and out of character in the C-3 zone," and they called attention to a McDonald's restaurant located in Westwood V1llage: '~his is a successful operation which is totally dependent upon pedestrian ( ( . . 1540 2nd Street Dev~lopment Review Attachment Page Three ~ --- ,-"....-.>, --? -traffic 'and which seems to function well without golden arches. II - --'------At that time. it should be noted. the restaurant had not been built. the indoor Santa Monica Mall and its multi-story parking garage had not been constructed. and other automobile oriented developments . .~-<~". in the neighborhood had not been approved. ...""",-~...,.... According to the files, a second verbal or written request for zoning approval was made in 1985. and it was again denied. This time the reasons given were the Downtown pedestrian orientation of the Santa Monica General Plan, specifically Land Use Element Policy 1.3.4; the Traff1c Engineer's reservations about queing; potential noise issues; and that single 1976 objecting letter. These issues are not very appropriate in 1987. First. properties in the neighborhood are now automobile based and oriented, as discussed above. The restaurant 1s the major pedestr1an oriented development, and that fact will not change with the add1tion of a dr1ve through facility. Well landscaped, hidden by a seven foot wall. using noise suppression devices, the drive through addition can be expected to have little impact on neighborhood pedestrian orientation. In fact, because customer serV1ce lines will be shorter after add1tion of the fac1lity, as discussed below, more pedestr1ans will want to come to the restaurant. Second, this time traf~ic pattern arrangements have been informally approved by Ray Dav1s, Santa Monica Traff1c Engineer. Mr. Dav1s required six to ten important changes in the app11cant's orig1nal blueprints, and the applicant has accepted all of them as helpful. Third. the applicant plans to address any potent1al n01se problems directly, reducing the noise levels by use of noise suppression dev1ces and by a seven foot wall. It is also comm1tted to spend up to $5,000 to hire a consultant, such as BBN Laborator1es. Inc., if required by excessive noise levels. See the information enclosed about BBN Laborator1es, Inc., as an example. The applicant will comply with all Santa Monica n01se code regulations. Fourth-, as to "ugliness" and "garishness": the restaurant has not become the "ugly" element in the neighborhood. Just the opposite has occurred. It has become a green, flower filled oasis. w1th its grassy landscaping and sparkling, newly remodeled interior. The rest of the automobile based neighborhood has been landscaped in concrete. Addition .... o:-..=.......~~_~_ ,. r ( ( . I 1540 2nd Street Development Rev~ew Attachment Page Four of the planned, hidden, well landscaped. noise suppressed drive through facility will not change this fact, nor will it change the ambience of the area. Today. the restaurant represents excellence in the neighborhood, and ~.~~~,;~.~~,the applicant plans to maintain that quality after a drive through addition 1s built. includlng the expensively remodeled interior and the green. grassy landscaping. Fifth. compare the restaurant at 1540 2nd Street with the McDonald's located in Westwood, as suggested by the letter writers in 1976. Those early fears have been completely unfounded. The Westwood McDonald's has "golden arches," is dreary, and it is often empty. while the Santa Mon~ca restaurant richly sparkles inside. and it is steadily busy. Sixth. early fears about "vast" parking requirements were premature. The restaurant has only a relatively small parking lot. especially when compared to the large, multi-story Mall park~ng garage and the RAND Corporat~on parking lot facilitles located across the street. Even the wrlters. as reasonable and thoughtful people. would readily note that the fears expressed in 1976 have not mater~allzed. and that the results have been very different and very positive. As it is clear. the franchlsee applicant does care about the neighborhood, about its restaurant. and about the expressed concerns of planners and the people of ,Santa Monica. It will maintaln the same care and respect for the addition of a drive through facility. " . . ~ The Physical Environment Although the neighborhood was to have developed with a pedestrian orientation during the past ten years, it actually has become automobile based and oriented. As mentioned previously. the restaurant is surrounded by two motels; an auto repair garage; one very large. multi-story Mall parking garage; the RAND Corporation parking lot; the Santa Monica Freeway; ind several commercial developments that rely on valet park~ng. Most of the landscaping around these projects is concrete. In the early morning and after dark. moreover. almost all of the traffic in the area arrives by automobile, due to pedestrian fears about safety. due to the closing of businesses and offices. ~ - .o::..c::~~-- -=- .Pr;,- ( ( , , 1540 2nd Street Development Review Attachment Page five and due to the remoteness of entertainment facilities. Nearby stores and commercial establishments all close by 9:00 p.m. on weekdays and by 6:00 p.m. on weekends. It is unlikely that plans to add 3,000 additional movie seats to the "c_..-.:-.:.-~ Broadway part of the Mall will change this situation or add any pedestrian traffic. since most people will not walk several blocks at night in the dark through the area to eat at the restaurant. In the automobile oriented neighborhood. the restaurant remains the main pedestrian design oriented attraction, and the drive through facil~ty will not change that fact. Furthermore. as an expression of conf1dence that pedestrian traffic will continue to grow. during the past year the applicant has invested approximately $200,000 to remodel the interior. providing a sparkling. invit1ng dining area. But the restaurant also has a substant1al automobile based clientele. . ' .., -- in addition to ~ts walk in customers. Many of these customers stop. order ins1de, and then take purchases out, creating long customer l1nes and mak~ng noise opening and clos1ng car doors in the process. The addit10n of a landscaped, hidden, noise suppressed drive through facility will service many of these drive in take out customers, reduc1ng inside service lines and providing more room for pedestr1an walk ~n traffic. Noise levels too should be improved, because people will be rema~n~ng in their cars, although, as noted in the Noise Element of the General Plan. bus and other transportation noise probably exceeds the ambient n01se at the restaurant in any case. Because of the nature of the planned fac1lity, pedestrian des1gn orientation and access will be mainta1ned. and even more grassy space will be added. The restaurant will continue to remain a centerp1ece in the neighborhood. Discussion of Findings 1. Th: proJect is consistent with the findings and purpose of Ordinance 1321. The apparent purpose of the ordinance is to insure that development continues to be consistent with the General Plan while planning and zoning regulationB are under review. Under sections 2(d) and (4). it specifies interim procedures that require an application for Development Review in this ( ( . . 1540 2nd Street Development Review Attachment Page Six ~;!~......~-....;..."'''"",- ...- case. Findings of fact roust be given in accord with sections (c) (I) through (c)(7). These are addressed below. To avoid duplication. since requirements given in Section (4) are the same as those given on the Development Review Application. an appropriate _~~.._~~~~~discuss10n will follow according to the Application format. and as will become evident. the addition of a hidden. well landscaped noise suppressed drive through facility will certainly be consistent with the findings and purpose of the ordinance. 2. The structure of the facility will be compat1ble with and relate harmoniously to surround1ng s1tes and ne1ghborhoods. . ~ Today. instead of being the "garish" place feared by some planners in 1976, the restaurant at 1540 2nd Street is the major green, grassy oasis in an otherwise concrete, automobile based area. The neighborhood is a commercial one, and it is almost empty after business and store hours have ended. Even people visiting the beach and the Ocean Park area normally arive by automobile, and they too usually depart by dark. The drive through fac1l1ty, hidden by a landscaped seven foot wall, noise suppressed, and located on current parking lot space, will not change the area or its ambiance. Instead, it will add more grassy space. Traffic flow is expected to remain the same, and pedestrian access to the restaurant-Yill not be'changed. There m~ght be somewhat more activity after dark, but that activity is an object1ve of the Land Use Elewent for the Downtown FraMe area. 3. Rights of Way and Facilities for pedestrian and automob11e traffic will accomModate the results of the proJect. According to the plans submitted. drive through facil1ty traff1c w1ll enter on 2nd Street and depart on Colorado Avenue, and all traffic must turn r1ght onto Colorado. According to the Circulat10n Element, both Colorado Avenue and 2nd Street are important arteries, and they are supposed to accommodate at least 31,000 cars per day, much more than is normally expected at that location. B;cause most of the expected drive through addition automobile traffic 1s exp~cted to be from current customers during busy hours, or from additional customers during quiet after dark hours, normal traffic patterns are not ( ( . I 1540 2nd Street Development Review Attachment Page Seven ~T~~~~~_~_-expected to be affected. Parking spaces will be limited to forty. " · __~a-:....~:-.:,::, _ "1c Ray Davis, Santa Monica Traffic Engineer, has examined the proposed project plans, and he has informally approved them after requiring six to ten significant changes. The applicant has accepted all of those modifications as very helpful. ~ .....:;..t-...It<:J.-...--.(4.... --a(o~....",",""" - Facilities for pedestrians are expected to become more available after the drive through facility is completed, since the interior of the restaurant will be less crowded as customer service lines shorten. and as more take out customers use the drive through addition. There will be no changes in pedestr1an access to the restaurant. 4. Adequate Health and Safety facilities will accompany the drive through addlt~on as needed, lncludlng san1tatlon, utl11tles, f1re protect10n devlces, etc. All necessary health and safety facilities required to meet Santa Monlca code requ1rements wll1 be prov1ded by the applicant. Trash pick up will be provided around the facil1ty at least tW1ce per day. Custoner safety will be increased in the late evenlng and early morning hours, because many customers will not have to leave their cars for serVlce. The offic~ of the City Attorney has been consulted about the drive through facility~ and members of his staff have informally noted that they do not object to the addition. 5. The proposed drive through facility is consistent with the General Plan and with the Zonlng Ordinance, in that it conforms to the height, bulk, use, and urban des~gn policies for the land use district as speclfied in the Land Use Element and 1n that it conforms to the appropriate standards conta~ned in the Zon~ng Ordlnance. The project is located in the Downtown Frame 1n a commercial area zoned in the C-3 category. There-will be no significant changes in height or bulk when the drive through facility is added, and the building contours will continue to .. present their "human scale" elements. Street frontage will continue offering "pedestrian scale" features. The restaurant now offers both of these attributes, and there will be no change with the hidden, noise suppressed, well landscaped ( ( . I I 1540 2nd Street Development Review Attachment Page Eight -;.~! ~~....._ a.--....--iIIoo-V"-~_..~ ~ drive through facility. Use objectives and policies are governed by Land Use Element Section 1.3 for the Downtown Frame area, and these objectives and policies will be enhanced by the drive through facility. ,- ~ ...~~--_. First, the Objective expressed in Section 1.3 is to "support the greatest concentration of activity" in the Downtown Core and Frame areas. Policies expressed in Section 1.3.1 encourage "uses and activities which create activity in both the daytime and evening hours." Policies expressed in Section 1.3.2 state that the Downtown area should be a primary location for commercl.al use, including "uses that serve out of town v1sitors and uses that encourage street activity after normal business hours." In app11cable Policy Section 1.3.4. the language distinguishes between the Down Core and the Downtown Frame areas. and it notes with specif1c reference to the Downto~~ Frame area that planners should require "pedestrian oriented design features for all ground floor street frontage." in contrast to more stringent restr1ctionsfor the Downto~~ Core area. In the Core area. for instance, street frontage should be "act1ve pedestrian use," rather than be only equlpped with "design features." Addition of a restaurant drive through facility wlll meet all of the requirements of these objectives and po11cies. and it w11l help further theo. For example. the neighborhood normally becomes empty after bus1ness and commercial hours. and the drive through addition wlll increase activity at that time and after dark. as encouraged 1n Sect10ns 1.3.1 and 1.3.2. It w11l also help attract out of town visitors. In addition. although Section 1.3.4 motivates planners to require "pedestrian oriented design features." it does not require them to be exclusive features. If it did, the two motels. the auto repair garage, and other developments in the Downtown Frame mlght have to be abandoned. There would be no way to justify the automobile or1ented and based ne1ghborhood. Wl~n respect to the restaurant, it currently has the most pedestrian design or!ented features 1n the neighborhood. and these features will not be affected by the drive through facility. But after hours activity and out o~ town visitor activity will be helped and encouraged. The proJect very much conforms to Land Use Element Objectives and Policies under the Downtown Section 1.3, and it enhances them as well. , , ( ( --:. ..."""...... -:;,.. t.. ~ 1540 2nd Street Development Review Attachment Page Nine In the Downtown area. the Land Use Element plan features urban design that will cause the Downtown Core and Frame to be the focus of day and night activity. Its aim is to "encourage a sense of human scale and pedestrian ~ _At --1r-..f ....To,..........rn character." and it is recommended that the city require "pedestrian oriented design qualities" be featured in the Downtown Frame area. But again, it does not require that these qualities be exclusive. If it did, many current developments would have to be terminated in the Colorado and Second Street area. Human scale and pedestrian oriented design qualities are featured now at the restaurant at 1540 2nd Street, although they are not featured at many adjacent properties. And, as d1scussed previously, the qualities w1ll not change with the addition of a well landscaped, hidden, noise suppressed dr1ve through facility located on current parking lot space. After installation of the drive through faci11ty. the restaurant w~ll still rema10 pedestr1an oriented, the only pedestrian or1ented development in the automobile based and oriented ne~ghborhood. Pedestrian access and other features will remain the same. Land use and urban design obJect~ves and recommendat1ons will still be followed. Finally. there will be appropriate conformance w1th Zon~ng Ordinance standards, including requirements for C-3 commercial areas, as modified by the C-4 Use Perm1t. such as restrictions on signs. height. and yard frontage. The application for Development Review should be approved. The addition of a well landscaped, hidden, n01se suppressed drive through facility at 1540 2nd Street will readily conform to he~ght, bulk, use. and des1gn requ~rements for the Downtown Frame area as indicated in the Santa Monica Land Use Element plan. and it will conform with proper Zoning Ordinance provisions. The addition will also be consistent with the requirements of Ordinance 1321. compatible with the automobile oriented neighborhood, retain current pedestrian oriented features and appeal, be accommodative for pedestrian and automobile traffic, and have adequate health and safety features. A drive through facility will increase availability of interior pedestrian service. increase after hours activity and safety. and aid out of to~~ visitors, while it retains the green, grassy oasis ambiance and newly remodeled interior of the attractive restaurant it will accompany. ., ( ( .,.~. \,..: r j PLANNING AND ZONING DIVISION r' ....-.~ - lot" .w. Community and Economic Development Department USE PERMIT APPLICATION 1540 2nd Street ATTACHMENT DESCRIBE IN DETAIL how the proposed use and improvements are to be designed and operated so as to be 1) compatible with existing uses in the ne~ghborhood and 2) non-detrimental to neighboring properties, residents, and businesses: During the past ten years. zoning author1ties have den1ed several requests for approval of a drive through add1tion to the restaurant located at 1540 2nd Street in Santa Mon1ca. These past refusals have been based upon assumpt10ns and grounds that are no longer va11d in 1987. It is time to take a fresh look at the sltuat10n. For example. S1nce the 1nitial den1al in 1976, the restaurant itself has been bU1lt. Other new buildings have been constructed 1n the area, and the physical nature of the neighborhood has changed. New n01se suppression technologies have been implemented. And the area surrounding the restaurant has become automobile oriented, not pedestrian oriented. due to the nature of the location and due to the preferences of Santa Mon1ca . res1dents. Look at the neighborhood. All of the propert1es in the area are automobile based: Two motels; an auto repair garage; one very large. multi-story Mall parking garage; the RAND Corporation park1ng lot; the Santa Monica Freeway; several commercial developments that rely on valet parking. Most of the landscaping in the neighborhood is done 1n concrete. On the other hand. constructed before some of the other bU11d1ngs were even approved and built. the restaurant is now the only green. grassy oasis in the concrete area. Well managed, operating since 1977. with a recently and very expens1ve1y remodeled interior din1ng area. it has become the only important contributor to pedestrian traffic in the immediate neighborhood. All other important projects are primarily automobile based. As discussed below, approval of a hidden. well landscaped, noise suppressed drive through facility will not change this pedestrian orientation ( ( . ' , , , 4 . 1540 2nd Street Use Permit Attachment Page Two tt ~"'iIIIr._ _- -..... or involvement. In fact, it can be expected to increase pedestrian interest, since customer service lines will be shorter, more grassy spaces will be added, and current access will not be any different. In addition, to deny the type of facility planned mlght even be considered discriminatory in 1987, in the light of the basic automobile orientation of the area and the newly planned RAND Corporatlon multi-story parking garage to be located across the street. To provide a more detailed perspective, the discussion that follows conslders a brief history of project applicatlons, the physical nature of ~he area around the restaurant, and flndlngs about neighborhood use compatibility and about non-detrimental effects on the neighborhood, residents, and businesses. As the facts and flndings indlcate, approval for a Use Permit should be granted. The well landscaped, hidden, and nOlse suppressed drive through facl11ty w1ll be compatible wlth eXlstlng nelghborhood uses, and it wll1 be non-detrimental to nelghborlng propertles, residents, and businesses. As it has been deslgned, and as it wlll be operated, 1t will maintain the ambience of the nelghborhood, help pedestrlan walk in customers, not affect residents, offer addltlonal serVlces for neighborhood buslnesses, ~~and _be of.benef~t to the people of Santa Monlca and to outslde visitors. An Historical Perspective ~~-- Vhen an initial request for approval was submltted wlth plans for .,-L _ ~tbe restaurant in 1976, it was denied because the expressed intent of zoning -, -- -c-planners was to keep the ent1re neighborhood "pedestrlan oriented" and - to....keep the~restaurant from becoming "automobile dependent." In addition to these objectlons, there also was reliance on one s1ngle objecting letter. The letter stated that the writers were "appalled" by the "vast" amount of parking that might be necessary to service the restaurant. and they voiced honest concern about traffic, ecology, and the "garish architectural style and plastic atmosphere on which fast food sef!ms to thrive. II The writers added that "McDonald's are exceedingly ugly, and would be intrusive and out of character in the C-3 zone," and they called attention to a McDonald's restaurant located in Westwood Village: "This ( ( , , 1540 2nd Street Use Permit Attachment Page Three - =- - ... is a successful operation which is totally dependent upon pedestrian traffic and which seems to function well without golden arches." At that time, it should be noted. the restaurant had not been constructed. the indoor Santa Monica Mall and its multi story parking garage had not been constructed, and other automobile oriented developments in the neighborhood had not been approved. According to the files, a second verbal or written request for zon~ng approval was made in 1985. and it was again denied. This time the reasons given were the Downtown pedestrian orientation of the Santa Monica General Plan, specifically Land Use Element Policy 1.3.4; the Traff~c Engineer's reservat10ns about queing; potential n01se issues; and that single 1976 object1ng letter. These past issues are not very appropr1ate 1n 1987. First, properties in the neighborhood are now automob11e based and or1ented, as discussed above. The restaurant is the major pedestrian or1ented development, and that fact w111 not change with the addition of a dr1ve through fac11ity. Well landscaped, hidden by a seven foot wall, uS1ng n01se suppreSS10n dev1ces, the drive through addition can be expected to have 11ttle impact on neighborhood uses, businesses. or res1dents. Second. this t1me traffic pattern arrange~ents have been informally approved by Ray Davis, Santa Mon1ca Traffic Eng1neer. Xr. Davis requ1red six to ten important changes in the applicant's orig1nal bluepr1nts, and the applicant has accepted all of them as helpful. Third, the applicant plans to address any potential noise problems directly. reducing the noise levels by use of noise suppression devices and by a seven foot wall. It also is COIT~1tted to spend up to $5,000 working with a consultant such as BB~ Laboratories. Inc. See the information enclosed about BBN Laboratories, Inc. as an example. Fourth. as to "ugliness" and "garishness": the restaurant has not become the "ugly" element in the n('~ghborhood. Just the reverse has occurred. It has become a green. flower filled oasis. with its grassy landscaping and sparkling, newly remodeled inter1or. The rest of the automo~11e based neighborhood has been landscaped in concrete. Addition of the planned hidden, well landscaped, noise suppressed drive through facility will not change this fact, nor will it change the ambience of the area. .' l ' , .' ... ;:.~..._M"'''' -. ( ( 1540 2nd Street Use Permit Attachment Page Four Today, the restaurant represents excellence in the neighborhood, and the applicant plans to maintain that quality after a drive through addition is built, including the expensively remodeled interior and the green, grassy landscaping. Fifth, compare the restaurant at 1540 2nd Street with the McDonald's located in Westwood, as suggested by the letter writers in 1976. Those early fears have been completely unfounded. The Westwood McDonald's has "golden arches," is dreary, and is often empty, while the Santa Monica restaurant richly sparkles inside, and it is steadily busy. Sixth, early fears about "vast" parking requirements were pr'"""'ture. The restaurant has only a relatively small parking lot, especially when compare to the large, multi story Mall park~ng garage and the RAND Corporation parking lot facilities located across the street. Even the writers, as reasonable, thoughtful people, would readily note that the fears expressed in 1976 have not mater~alized, and that the results have been very different and very positive. As it is clear, the franchisee applicant does care about the ne1ghborhood. about it's restaurant, and about the expressed concern of planners and the people of Santa Monica. It w111 ma1nta1n the same care and respect for the addition of a drive through facility. The Physical Environment Although the neighborhood was to have developed with a pedestrian orientation during the past ten years, it actually has become automobile based. As mentioned previously, the restaurant is surrounded by two motels; an auto repair garage; one very large, multi story Mall park1ng garage; the RAND Corporation parking lot; the Santa Monica Freeway; and several commercial developments that rely on valet parking. Most of the landscaping around these projects is concrete. In the early morning and after dark, moreover, almost all of the traffic in the area arrives by automob1le, due to pedestrian fears about safety, due to the closing of businesses and offices. and due to the rewoteness of entertainment facilities. Nearby stores and commercial establishments all close by 9:00 p.m. on weekdays and by 6:00 p.m. on weekends. . .' L' , . ~ _~ ...... I"- ( ? , .. 1540 2nd Street Use Permit Attachment Page Five It is unlikely that plans to add 3,000 additional movie seats to the Broadway part of the Mall will change this situation or will add any pedestrian traffic, since most people will not walk several blocks at night after dark through the area to eat at the restaurant. In the automobile oriented neighborhood, the restaurant remains the main pedestrian design oriented attraction, and the drive through facility will not change that fact. Furthermore, as an expression of confidence that pedestrian traffic will continue to grow, during the past year the applicant has invested approximately $200,000 to remodel the interior, providing a sparkling, inviting dining area. But the restaurant also has a substantial automob~le based clientele, in addit10n to its walk in customers. Many of these customers stop, enter and order inside, and then take purchases out, creating long customer lines and mak1ng noise opening and closing car doors in the process. The addition of the landscaped, hidden, noise suppressed drive through fac1lity w111 serV1ce many of these drive in take out customers, reducing ins1de service lines and providing more room for pedestrian walk in traffl.c. N01se levels too should be improved, because people will be remaining in their cars, although, as noted in the Noise Element of the General Plan, bus and other transportat1on n01se probably exceeds the ambient noise, at the restaurant in any case. Because of the nature of the planned facility, pedestrian attract10n and access will be maintained, and even more grassy space will be added. The restaurant will remain a centerpiece in the ne1ghborhood. Discussion of Findings 1. The proposed use and improve~ents will be des1~ned and operated so as to be compat1ble w1th existing uses 1n the neighborhood. In reality today, the restaurant at 1540 2nd Street stands as a grassy oasis in an automobile oriented neighborhood. As discussed previously, other p~operties in the area are automobile based: Two motels, an auto repair garage; the large, multi story Mall parking garage; the RAND Corporation parking lot; the Santa Monica Freeway; and several commercial developments that rely on valet parking. Most of the landscaping is done ~cl1 Mcnt C. STATEMENT OF OFFICIAL ACTION PROJECT NUMBER: DR 397, ZA 5233-U LOCATION: 1540 Second Street APPLICANT: Lardas Management REQUEST: To add a drive-through facility to an existing McDonalds Restaurant. PLANNING COMMISSION ACTION 11/16/87 Date. Approved based on the following findings and subject to the conditions below. x Denied. Other. VOTE Ayes: Nays: Abstain: Absent: Pyne Farivar, Hecht, Mechur, Perlman Nelson Lambert I hereby certify that this statement of accurately reflects the final determination commission of the city of Santa Monica. Official Action of the Planning signature date print name and title STDR397 DM:nh 12/01/87 - 1 -