Loading...
SR-062706-6A e .- ~CitYOf Santa Moniea@ City Council Report City Council Meeting: June 27, 2006 Agenda Item: t> - A To: From: Mayor and City Council Andy Agle, Interim Director, Planning and Community Development Department Subject: Appeal of Conditional Use Permit and Variance for Juliano's Raw Restaurant located at 609 Broadway Recommended Action It is recommended that the City Council conduct a public hearing, deny the appeal and uphold the Planning Commission's approval of Conditional Use Permit (CUP) 05-011 to allow the issuance of a Type-41 (On-Sale Beer and Wine for Bona Fide Public Eating Place) alcohol license to Juliano's Raw Restaurant and Variance (VAR) 05-018 to modify the off-street parking requirements to allow Juliano's to operate as a restaurant rather than incidental food use. Executive Summary The applicant, Juliano's Raw, is requesting Conditional Use Permit 05-011 to allow the issuance of a Type-41 (On-Sale Beer and Wine for Bona Fide Public Eating Place) alcohol license to the existing food serving establishment and Variance 05-018 to modify the off-street parking requirements to allow an existing incidental food service establishment to operate as a restaurant. Based upon the square footage and configuration of the proposed restaurant operation, a total of six on-site parking spaces are required and a total of four spaces are available on site for the subject space. The 1 applicant, therefore, is requesting a two space modification to the off-street parking requirement. The Council should consider whether the addition of beer and wine service is appropriate at Juliano's Raw and if a modification to the off-street parking standards is warranted to allow the legal conversion of the establishment to a restaurant, given the business's downtown location and a condition of approval which requires the implementation of a vehicle trip reduction program for employees. Discussion BackQround In 1998, the City issued an Administrative Approval for the subject property to construct a 56-unit single room occupancy residential building with ground floor commercial/retail space at the corner of Sixth Street and Broadway. Architectural Review Board approval followed and a building permit was issued on November 16, 1999. After the building shell had been constructed, a building permit for tenant improvements to the commercial/retail space was approved on May 13, 2002. Each of these previous approvals clearly show the intended use of the commercial space as a retail deli with incidental food service. No seating was shown on the tenant improvement plans. On September 30, 2002, a business license was issued authorizing the restaurant use, which is a permitted use in the C3 zoning district if required parking can be provided. The business license was issued in error because the subject property did not have the 2 required parking to accommodate the use since the off-street parking requirement for a restaurant is greater than that required for a delicatessen with incidental food service. Juliano's Raw operates from 11 :OOam to 10:00pm Sunday through Thursday and stays open to 11 :OOpm on Friday and Saturday nights. The establishment, which provides sit- down meal service, occupies a total of approximately 1,775 square feet and has 61 seats for patrons, including 27 indoor seats within a 437 square foot dining area and 34 outdoor seats within two outdoor dining areas - an approximately 68 square foot patio at Sixth Street and Broadway and a 486 square foot enclosed patio along Broadway. To qualify as an incidental food service, the use would be limited to a maximum of 20 seats, orders would be taken from a service counter and payment provided in advance of receiving the food. Additionally, the seating area is required to be secondary to the primary retail business, such as a delicatessen. On September 9, 2004 Juliano's Raw submitted a Conditional Use Permit application (CUP04-014) requesting approval of a Type-41 alcohol license in order to offer beer and wine as a beverage choice with their meals. Staff became aware of the business license issue at that time. Staff met with the owner of the establishment to explain the code compliance issue and discuss alternatives, including applying for a parking variance application. However, after the meeting, no further communication was received from the owner concerning the subject application. The matter was subsequently referred to Code Compliance on December 6, 2004 and the subject application scheduled for hearing. 3 The Planning Commission considered the CUP in February 2005 and denied the application without prejudice because the site did not provide the required number of on-site parking spaces to support a restaurant operation (Statement of Official Action - http://santa-monica.org/planning/commission/agendas/pc2005/ps2005042007-A.htm ). The Commission informed the applicant that variance approval would be necessary to modify the off-street parking requirements to allow for the legal conversion of Juliano's Raw to a restaurant operation. The applicant submitted the subject applications in July 2005 and the Planning Commission considered the request on December 14, 2005. The variance application included a request to modify the off-street parking standards - four spaces provided on- site in lieu of sixteen required spaces. Following a public hearing, the Commission approved the conditional use permit and variance with conditions. The appellants, Arthur Harris and Ellen Brennan, appealed the Planning Commission's approval on December 23,2005. As discussed below, the City Council subsequently reduced the off-street parking requirements for small downtown restaurants. Thus, the applicant now must only be granted a reduction of two spaces, not twelve as previously required. 4 Commission Action As noted above, the Planning Commission approved the applicant's Conditional Use Permit request and parking variance. The approved hours of alcohol service were 11 :OOam to 10:00pm daily. In approving the Conditional Use Permit, the Commission found that beer and wine service was compatible with the existing operations and that Type-41 alcohol outlets do not contribute significantly to alcohol related problems in the area. In approving the parking variance, the Commission found that many of the patrons of Juliano's Raw live in close proximity to the restaurant and there is also a high concentration of visitors, employers and employees in the Downtown who can easily walk to the restaurant. An applicant survey of patrons over a three week time period indicated that only 38% of patrons utilize private vehicles to get to the establishment, with the remainder walking, biking, rollerblading or using other non-vehicular means to get to the restaurant. The subject site is in close proximity to the City's Downtown parking structures (including the Main Library subterranean garage) and Transit Mall where the concentration of Downtown transit services are located (Statement of Official Action - http://santa-monica.org/planning/commission/agendas/pc2006/ps2006011807- E.htm). On September 13, 2005 the Council directed staff to prepare an ordinance that would change the off-street parking requirements for Downtown markets and restaurants 5 2.500 square feet or less in size to 1 space per 300 square feet of floor area, equivalent to other commercial uses. This proposal was intended to encourage more neighborhood serving uses in the Downtown and to acknowledge the Downtown as a destination for visitors, residents, employers and employees and a concentration of non-vehicular transit options. The proposed ordinance was adopted by the Council on May 25, 2006, as Ordinance No. 2187 (CCS). Ordinance No. 2187 (CCS) has reduced the project's required parking from sixteen spaces to six, and consequently, the requested modification to the off-street parking standards from twelve spaces to two. Appeal Analvsis In their appeal statement (Attachment B), the appellants contend that the wrong decision was made by the Planning Commission with regard to the conditional use permit for the Type-41 alcohol license and the parking variance; however, no information is provided to support this statement in relation to the alcohol permit. Staff continues to support the applicant's request to offer beer and wine service in conjunction with the food serving operation as alcohol licenses associated with restaurants do not generally result in alcohol related problems in the area. In addition, there is no separate bar area, dancing or live entertainment proposed as part of the restaurant operation. The appellants also question the Commission's decision on the parking variance and believe the variance condition added by the Commission was inappropriate because it related to the proposed but not yet enacted off-street parking standards. The variance 6 condition required the applicant to implement a vehicle trip reduction program that mandates that no more than 50% of the establishment's employees come to work in single occupant vehicles. This vehicle trip reduction program must be reviewed and approved by the Transportation Management Division and could include a combination of transit passes or debit cards and incentives to carpool, bicycle or walk to work. It is indeed the case that the Planning Commission authorized a less stringent vehicle trip reduction program should the City Council modify the off-street parking standards. However, this alternative requirement was contingent on the Council approving the ordinance change. Had the City Council not approved this ordinance, the 50% requirement would have remained in full force and effect. Thus, the Planning Commission's action was appropriate given this pending action. In any event, the City Council has now changed the parking requirements and this matter is before the Council for de novo review. The proposed project is consistent with the Land Use Element of the General Plan, particularly those policies related to the Downtown area which are intended to encourage human scale and pedestrian oriented development that mixes residential development with neighborhood commercial uses. Many of the patrons of Juliano's Raw work or live in close proximity to the restaurant and can easily get there by walking. Granting the parking variance to permit the proposed restaurant will enhance the neighborhood environment which consists of a mix of commercial and multi-family 7 developments that are serviced by nearby commercial uses including restaurant operations. There is a high concentration of visitors, employers and employees who congregate in the Downtown area and who can also easily walk to the restaurant. In fact, a survey conducted by the applicant indicates that only 38% of patrons utilize private vehicles to get to the establishment with the remainder walking, biking, rollerblading or using other non-vehicular means to get to the restaurant. In addition, the subject site is in close proximity to the City's Downtown parking structures (including the Main Library subterranean garage) and Transit Mall where the concentration of Downtown transit services are located. Finally, the recommended variance conditions can effectively reduce the demand for parking resources by employees of the restaurant. Environmental Analvsis The project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15301 Class (1) of the State Guidelines in that permitting the sale and consumption of beer and wine at an existing food serving establishment and the approval of a modification to the off-street parking requirements associated with the proposed project will involve no expansion of the existing use. 8 Public Outreach Notice of the public hearing was provided in accordance with Santa Monica Municipal Code (SMMC) Part 9.04.20.22, Sections 9.04.20.22.010 through 9.04.20.22.140 and with the site posting requirements established by the Zoning Administrator. Alternatives In addition to the recommended action, the Council may: . Overturn the Planning Commission's approval of CUP05-011 and VAR05-018 and uphold the appeal based upon revised findings; . Approve CUP05-011 and deny VAR05-018 based upon revised findings and conditions; . Deny CUP05-011 and approve VAR05-018 based upon revised findings and conditions; or . Deny the appeal and approve CUP05-011 and VAR05-018 based upon revised findings and conditions. Denial of the variance request would require the restaurant to modify their operations and comply with the standards set forth for a delicatessen with incidental food service. Denial of the Conditional Use Permit would not permit the restaurant to serve beer and wine to dining patrons. BudgetlFinanciallmpact The recommendation in this staff report will have no budget or financial implications for the City. 9 Prepared by: Paul Foley, Principal Planner Approved: Andy Agle, Interim Di tor Planning and Community Development Department Attachments: Forwarded to Council: A - Findings and Conditions of Approval B - Appeal statement C - Project plans 10 ATTACHMENT A Findings and Conditions of Approval 11 FINDINGS AND CONDITIONS OF APPROVAL FINDINGS: 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 an alcohol license in conjunction with a food serving establishment is conditionally permitted in the C3 district of the Zoning Ordinance. 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 C3 district permits food uses, and the proposed service of beer and wine will be ancillary to the food service function of the establishment. In addition, Type-41 alcohol outlets do not contribute significantly to alcohol related problems in the area. 3. The subject parcel is physically suitable for the type of land use being proposed, in that the parcel is a standard lot with no unusual characteristics. 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 the issuance of an alcohol license to offer beer and wine as a beverage of choice to patrons is compatible with the allowed food-serving use. 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 service of beer and wine in conjunction with a food-serving establishment is not known to produce adverse alcohol-related impacts within the surrounding area. In addition, the Police Department and Community and cultural Services Department have reviewed the proposed use and have not indicated any concerns with the addition of beer and wine service to dining patrons. 6. There are adequate provisions 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 site is located in an urbanized area adequately served by existing infrastructure. 7. Public access to the proposed use will be adequate, in that the proposed project is located at the street corner of two intersecting Downtown streets with ample pedestrian access and is nearby the Transit Mall where the concentration of transit services is concentrated. 12 8. The physical location or placement of the use on the site is compatible with and relates harmoniously to the surrounding neighborhood, in that the proposed alcohol license will be for an allowed food-serving establishment which is consistent with the C3 district zoning. In addition, Type-41 alcohol outlets do not contribute significantly to alcohol related problems in the area. 9. The proposed use is consistent with the goals, objectives, and policies of the General Plan, in that the Land Use Element of the General Plan permits restaurant uses in commercial areas. 10. The proposed use would not be detrimental to the public interest, health, safety, convenience, or general welfare, in that the proposed use is consistent with the Zoning Ordinance and the Land Use Element of the General Plan. 11 . The proposed use conforms precisely to the applicable performance standards contained in Subchapter 9.04.12 of the City of Santa Monica Comprehensive Land Use and Zoning Ordinance, in that no performance standards permit is required. 12. The proposed use will not result in an over-concentration of such uses in the immediate vicinity, as there already is an over-concentration of alcohol licenses as defined by the Department of Alcohol Beverage Control (ABC). However, approval of this application would satisfy ABC's requirement that the over- concentration determination can be overridden if the application provides for the public convenience. The proposed alcohol license will be for a food-serving establishment located in the Downtown commercial area of Santa Monica which is frequented by large numbers of local residents as well as office workers, shoppers, and visitors from outside the City. Furthermore, Type-41 alcohol outlets do not contributed significantly to alcohol related problems in the area. ALCOHOL OUTLET FINDINGS 1. The proposed use will not adversely affect the welfare of neighborhood residents in a significant manner in that that the conditions for approval, such as the requirement that the establishment operate with no separate bar area or entertainment, will minimize the potential affect on the residential uses in the vicinity. In addition, the Police Department and Community and Cultural Services Department have reviewed the proposed use and have not indicated any concerns with the addition of beer and wine service to dining patrons. 2. The proposed use will not contribute to an undue concentration of alcohol outlets in the area in that a restaurant with no separate bar area or entertainment or other similar use is not typically considered to contribute to objectionable 13 problems associated with alcohol outlets, and in that the area is in the downtown portion of Santa Monica which is frequented by large numbers of local residents as well as office workers, shoppers, and visitors from outside the area. Furthermore, this type of outlet has not contributed significantly to alcohol related problems in the area and the Police Department and Community and Cultural Services Department have reviewed the proposed use and have not indicated any concerns with the addition of beer and wine service to dining patrons. 3. The proposed use will not detrimentally affect nearby neighborhoods considering the distance of the alcohol outlet to residential buildings, churches, schools, hospitals, playgrounds, parks, and other existing alcohol outlets in that the conditions for approval, such as the requirement that the establishment operate with no separate bar area or entertainment, will minimize the potential affect on the residential uses in the vicinity. In addition, the Police Department and Community and Cultural Services Department have reviewed the proposed use and have not indicated any concerns with the addition of beer and wine service to dining patrons. 4. The proposed use is compatible with existing and potential uses within the general area in that the addition of beer and wine as a beverage of choice within an existing food serving establishment is not known to contribute to alcohol- related problems. 5. Traffic and parking congestion will not result from the proposed use in that the proposed project consists of the addition of beer and wine as a beverage of choice within an existing food serving establishment. 6. The public health, safety, and general welfare are protected in that the project is consistent with the provisions of the Zoning Ordinance and the Land Use Element of the General Plan. 7. No harm to adjacent properties will result in that the addition of beer and wine as a beverage of choice within an existing food serving establishment is not known to contribute to alcohol-related problems. In addition, the conditions of approval will ensure that the establishment operates as a food-serving establishment with no separate bar area or entertainment. 8. The proposed use is consistent with the objectives of the General Plan in that Land Use Element Policies 1.3.1 and 1.3.2 encourage land uses in the Downtown that provide activities during the daytime and evening hours which extend beyond normal work hours. Juliano's Raw is located in the Downtown area of the City which is characterized by its pedestrian oriented environment, its concentration of visitors, nearby employers and employees and the increasing number of residential units in the vicinity. The proposed outdoor dining areas enhance the pedestrian environment of the area. 14 VARIANCE FINDINGS 1. There are special circumstances or exceptional characteristics 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. Specifically, the applicant is proposing to convert an existing food service establishment with incidental food service only to a full service restaurant which would require additional off-street parking spaces. The site is fully developed and cannot accommodate additional parking spaces. 2. The granting of such variance will not be detrimental nor injurious to the property or improvements in the general vicinity and district in which the property is located in that many of the patrons of Juliano's Raw live in close proximity to the restaurant and there is also a high concentration of visitors, employers and employees in the Downtown who can easily walk to the restaurant. In addition, the applicant surveyed patrons over a three week time period to gauge their means of access to the restaurant. The survey results indicate that only 38% of patrons utilize private vehicles to get to the establishment with the remainder walking, biking, rollerblading or using other non-vehicular means to get to the restaurant. 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 existing food serving establishment could not offer full restaurant services to patrons as the restaurant operation would require additional off-street parking spaces that cannot be provided on-site. 4. The granting of a variance will not be contrary to or in conflict with the general purposes and intent of this Chapter, nor to the goals, objectives, and policies of the General Plan. Specifically, the proposed restaurant is consistent with Land Use Element Policies 1.3.1 and 1.3.2 which encourage land uses in the Downtown that provide activities during the daytime and evening hours which extend beyond normal work hours. 5. The variance would not impair the integrity and character of the district in which it is to be located in that the C3 district is in the Downtown area of the City which is intended to encourage human scale and pedestrian oriented development that mixes residential development with neighborhood commercial uses. Many of the patrons of Juliano's Raw live in close proximity to the restaurant and there is also a high concentration of visitors, employers and employees in the Downtown who can easily walk to the restaurant. In fact, the applicant surveyed patrons over a three week time period to gauge their means of access to the restaurant. The survey results indicate that only 38% of patrons utilize private vehicles to get to 15 the establishment with the remainder walking, biking, rollerblading or using other non-vehicular means to get to the restaurant. Moreover, empirical evidence suggests that the off-street parking spaces provided for commercial uses in mixed-use buildings in the Downtown are often underutilized because the spaces are accessed from the alley and are difficult to locate. Finally, the subject site is in close proximity to the City's Downtown parking structures (including the Main Library subterranean garage) and Transit Mall where the concentration of Downtown transit services are located. 6. The subject site is physically suitable for the proposed variance in that the property is fully developed and no alterations to the building are proposed. 7. There are adequate provisions 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 subject property is located within a developed urbanized environment that is adequately served by existing infrastructure, public utilities and services. It is not anticipated that approval of the subject application will create a need for additional utilities or services. 8. There will be adequate provisions for public access to serve the subject variance proposal in that pedestrian access is available from Sixth Street and Broadway and the subject site is nearby the Transit Mall where the concentration of transit services are located in the Downtown. 9. For the reduction of the automobile parking space requirements, the reduction is based and conditioned upon an approved parking reduction plan that incorporates transportation control measures that have been demonstrated to be effective in reducing parking needs and that are monitored, periodically reviewed for continued effectiveness, and enforced by the City as contained in Section 9.04.10.08.050 of this Chapter. Variance condition #1 requires that the operator of the restaurant implement a vehicle trip reduction program that requires that no more than 50% of employees come to work in single occupant vehicles. Variance condition # 2 requires that the applicant ensure that the 4 on-site parking spaces are available to patrons only, and Variance condition # 3 requires that the dining areas not exceed a total of 878 square feet in order to reduce parking demand by patrons. 10. The strict application of the proVISions of this Chapter would result in unreasonable deprivation of the use or enjoyment of the property in that due to existing parcel constraints, the location of existing improvements, and/or the placement of adjacent uses, practical use or enjoyment of the subject parcel would not be possible. 16 CONDITIONS: 1. This approval is for plans dated July 1, 2005, a copy of which shall be maintained in the files of the City Planning Division. Project development shall be consistent with such plans, except as otherwise specified in these conditions of approval. 2. The Plans shall comply with all other provisions of Chapter 1, Article IX of the Municipal Code, (Zoning Ordinance) and all other pertinent ordinances and General Plan policies of the City of Santa Monica. 3. Final parking lot layout and specifications shall be subject to the review and approval of the Parking and Traffic Engineer. Architectural Review Board 4. Plans for final design, landscaping, screening, trash enclosures, and signage shall be subject to review and approval by the Architectural Review Board. 5. Refuse areas, storage areas and mechanical equipment shall screened in accordance with SMMC Section 9.04.10.02.130-90.04.10.02.150. Refuse areas shall be of a size adequate to meet on-site need, including recycling. The Architectural Review Board in its review shall pay particular attention to the screening of such areas and equipment. Any rooftop mechanical equipment shall be minimized in height and area, and shall be located in such a way as to minimize noise and visual impacts to surrounding properties. Unless otherwise approved by the Architectural Review Board, rooftop mechanical equipment shall be located at least five feet from the edge of the roof. 6. A sign shall be posted on the property in a manner consistent with the public hearing sign requirements which shall identify the address and phone number of the owner and/or applicant for the purposes of responding to questions and complaints during the construction period. Said sign shall also indicate the hours of permissible construction work. 7. A copy of these conditions shall be posted in an easily visible and accessible location at all times during construction at the project site. The pages shall be laminated or otherwise protected to ensure durability of the copy. 17 Miscellaneous Conditions 8. The building address shall be painted on the roof of the building and shall measure four feet by eight feet (32 square feet). Validity of Permits 9. In the event permittee violates or fails to comply with any conditions of approval of this permit, no further permits, licenses, approvals or certificates of occupancy shall be issued until such violation has been fully remedied. 10. Within ten days of City Planning Division transmittal of the approved Statement of Official Action, project applicant shall sign and return a copy of the Statement of Official Action prepared by the City 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. By signing same, applicant shall not thereby waive any legal rights applicant may possess regarding said conditions. The signed Statement shall be returned to the City Planning Division. Failure to comply with this condition may constitute grounds for potential permit revocation. 11. This determination shall not become effective for a period of fourteen days from the date of determination or, if appealed, until a final determination is made on the appeal. Any appeal must be made in the form required by the Zoning Administrator. The approval of this permit shall expire if the rights granted are not exercised within one year from the permit's effective date. Exercise of rights shall mean actual commencement of the use granted by the permit. One six month extension may be permitted if approved by the Director of Planning. Applicant is on notice that time extensions may not be granted if development standards or the development process relevant to the project have changed since project approval. Additionally, the rights associated with this approval shall expire if the establishment ceases operation for a period of one year or longer. 11. Within thirty (30) days after final approval of the project, a sign shall be posted on site stating the date and nature of the approval. The sign shall be posted in accordance with the Zoning Administrator guidelines and shall remain in place until a building permit is issued for the project. The sign shall be removed promptly when a building permit is issued for the project or upon expiration of the Conditional Use Permit. 12. 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. 18 13. No exterior activities such as deliveries, trash disposal or other maintenance activity generating noise audible from the exterior of the building shall be conducted between 12:00 AM and 7:00 am, Monday through Friday, and between 12:00 AM and 9:00 AM, Saturday and Sunday. Trash containers shall be secured with locks. All deliveries shall take place at the rear of the building, which is accessed from 6th Court alley. No after hours operation shall be permitted. 14. Pursuant to Municipal Code Section 9.04.10.02.420, a sign shall be posted stating that the establishment is limited to 27 indoor and 34 outdoor seats. The sign shall be a minimum of twelve inches by eighteen inches, and shall be posted by the restaurant entrance or other such location as required by the Zoning Administrator. 15. Mechanical equipment shall not be located on the side of any building which is adjacent to a residential building on the adjoining lot. Roof locations may be used when the mechanical equipment is installed within a sound rated parapet enclosure. 16. Final approval of any mechanical equipment installation will require a noise test in compliance with SMMC Section 4.12.040. Equipment for the test shall be provided by the owner or contractor and the test shall be conducted by the owner or contractor. A copy of the noise test results on mechanical equipment shall be submitted to the Community Noise Officer for review to ensure that noise levels do not exceed maximum allowable levels for the applicable noise zone. 17. Final building plans submitted for approval of a building permit shall include on the plans a list of all permanent mechanical equipment to be placed outdoors and all permanent mechanical equipment to be placed indoors which may be heard outdoors. 18. Applicant is advised that projects in the California Coastal Zone may need approval of the California Coastal Commission prior to issuance of any building permits by the City of Santa Monica. Applicant is responsible for obtaining any such permits. ALCOHOL OUTLET CONDITIONS 1. The owner shall prohibit loitering in the areas adjacent to the restaurant and shall control noisy patrons leaving the restaurant. 2. Window or other signage visible from the public right-of-way that advertises beer or alcohol shall not be permitted. 19 3. The primary use of the premises shall be for sit-down meal service to patrons. Alcohol shall not be served to persons except those intending to purchase meals. 4. In order to maintain the primary use of the premises for sit-down meal service, no separate bar area is permitted. 5. The establishment shall maintain a kitchen or food-serving area in which a variety of food is prepared and cooked on the premises. 6. The establishment shall serve food to patrons during all hours the establishment is open for customers. 7. Seating arrangements for sit-down patrons shall not exceed 878 square feet, including 27 indoor seats and 34 outdoor seats 8. Take out service shall be only incidental to the primary sit-down use. 9. No alcoholic beverage shall be sold for consumption beyond the premises. 10. No dancing or live entertainment beyond that allowed in the restaurant definition contained in the Zoning Ordinance shall be permitted on the premises. 11. The primary use of the outdoor dining area shall be for seated meals service. Patrons who are standing in the outdoor seating area shall not be served. 12. The permitted hours of service shall be 11 :OOam through 10:00pm daily, with complete closure and all employees vacated from the building by 11 :OOpm. No "after hours" operations shall be permitted. Alcohol service to any outdoor seating area adjacent to a public street or sidewalk shall cease one hour in advance of the operating hours otherwise permitted. 13. Prior to issuance of a Certificate of Occupancy, or a business license, or commencement of alcohol service as applicable, a security plan shall be submitted to the Chief of Police for review and approval. The plan shall address both physical and operational security issues. 14. Prior to commencement of alcohol service, the operator shall submit a plan for approval by the Director of Planning and Community Development regarding employee alcohol awareness training programs and policies. The plan shall outline a mandatory alcohol awareness training program for all employees having contact with the public and shall state management's policies addressing alcohol consumption and inebriation. The program shall require all employees having contact with the public to complete a California Department of Alcoholic Beverage Control (ABC) sponsored alcohol awareness training program within 90 days of the effective date of this approval. In the case of new employees, the 20 employee shall attend the alcohol awareness training within 90 days of hiring. In the event the ABC no longer sponsors an alcohol awareness training program, all employees having contact with the public shall complete an alternative program approved by the Director of Planning and Community Development. The operator shall provide the City with an annual report regarding compliance with this condition. This project shall be subject to any future City-wide alcohol awareness training program condition affecting similar establishments. 15. Prior to commencement of alcohol service, the operator shall also submit a plan describing the establishment's designated driver program, which shall be offered by the operator to the establishment's patrons. The plan shall specify how the operator will inform patrons of the program, such as offering on the menu a free non-alcoholic drink for every party of two or more ordering alcoholic beverages. 16. 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, and increase of seating, or a significant change in the approved concept shall be subject to Planning Commission Review. Construction shall be in substantial conformance with the plans submitted or as modified by the Planning Commission, Architectural Review Board, or Director of Planning. No expansion in number of seats, intensity of operation, or outdoor areas shall occur without prior approval from the City of Santa Monica and State ABC. 17. Except for special events, alcohol shall not be served in any disposable container such as disposable plastic or paper cups. 18. Any minimum purchase requirement may be satisfied by the purchase of beverages or food. 19. No video or other amusement games shall be permitted on the premises. 20. No more than 35% of total gross revenues per year shall be from alcohol sales. The operator shall maintain records of gross revenue sources which shall be submitted annually to the City of Santa Monica City Planning Division at the beginning of the calendar year and also available to the City of Santa Monica and the State ABC upon request. 21. Within thirty (30) days from date of the approval of the Statement of Official Action, the applicant shall provide a copy of the approved Statement of Official Action for this project to the local office of the State Alcoholic Beverage Control department. 22. Applicant is on notice that all temporary signage is subject to the restrictions of the City sign ordinance, 21 23. Prior to commencement of alcohol service, the applicant shall post a notice at the restaurant entry stating that the site is regulated by a Conditional Use Permit and the Statement of Official Action, which includes the establishment's conditions of approval, are available upon request. This notice shall remain posted at all times the establishment is in operation. VARIANCE CONDITIONS 1. The applicant shall implement a vehicle trip reduction program that requires that no more than 75% of employees come to work in single occupant vehicles. This vehicle trip reduction program shall be reviewed and approved by the Transportation Management Division and could include a combination of transit passes or debit cards and incentives to carpool, bicycle or walk to work. 2. The dining areas shall not exceed a total of 878 square feet. Compliance with this requirement must occur as of the effective date of this permit. 22 ATTACHMENT B APPEAL STATEMENT Electronic version of attachment is not available for review. Document is available for review at the City Clerk's office and the Libraries. 23 ATTACHMENT C PROJECT PLANS Electronic version of attachment is not available for review. Document is available for review at the City Clerk's office and the Libraries. 24