SR-062706-6A
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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
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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
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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.
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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.
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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
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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
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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
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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.
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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.
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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
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ATTACHMENT A
Findings and Conditions of Approval
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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.
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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
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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.
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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
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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.
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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.
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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.
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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.
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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
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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,
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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.
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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.
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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.
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