SR-402-007 (32)
PCD:SF:AS:JL:F:\CityPlanning\Share\COUNCIL\STRPT\2004\04APP005.doc
Council Mtg: February 8, 2005 Santa Monica, California
TO: Mayor and Councilmembers
FROM: City Staff
SUBJECT: Appeal (04APP005) of the Planning Commission’s Technical Denial of
Development Review Permit 03DR-005 to Modify Existing Driveway
Locations and On-Site Circulation at 2901 Ocean Park Boulevard, and
Introduction and First Reading of an Ordinance Amending Santa Monica
Municipal Code Section 9.04.08.016.040 (Text Amendment 04TA-004) to
Permit Restaurants with more than 50 Seats in the C2 District, adjacent to
Ocean Park Boulevard Between Twenty Fifth Street and Centinela
Avenue, Subject to Approval of a Conditional Use Permit.
Applicant/Appellant Claire Heron
INTRODUCTION
This report recommends that the City Council deny the appeal and introduce for first
reading an ordinance to permit restaurants with more than 50 seats in the specified C2
District, subject to approval of a Conditional Use Permit. The proposed ordinance is
contained in Attachment A and the appeal statement is contained in Attachment B.
BACKGROUND
The applicant requests approval to modify existing discretionary entitlements to allow
the closure of a center driveway accessed from Ocean Park Boulevard and to permit
two-way traffic at the rear of the parcel between Twenty Ninth and Thirtieth Streets. An
ordinance amendment is also requested that permits restaurants to exceed 50 seats in
one of the City’s Neighborhood Commercial districts, subject to approval of a conditional
use permit. The amendment request was filed to allow the retention of an existing
restaurant, Il Forno Café, which had illegally expanded and increased occupancy
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beyond 50 seats. The Planning Commission approved an associated Conditional Use
Permit application on September 22, 2004, with a condition tying the entitlement to City
Council approval of the proposed ordinance. The Conditional Use Permit was not
appealed and is not subject to further consideration.
ANALYSIS
Driveway and On-Site Circulation Modifications
The subject property is a 66,000 square foot parcel on the north side of Ocean Park
Boulevard between Twenty Ninth and Thirtieth Streets. A previous property owner
received entitlements to build an approximate 40,000 square foot commercial center in
1985. The development is legally nonconforming with respect to the maximum floor
area allowed in the C2 district and off-street parking requirements.
At the time the project was originally approved, and again in 1989, the Planning
Commission denied requests to use Thirtieth Street as a means of ingress or egress to
the subject property. The Commission determined that the project was in conflict with
Circulation Element Policy 4.2.3 of the General Plan. This policy provides that new
developments and access points should be located in such a way that traffic is not
encouraged to utilize local residential streets for its parking and access. Prior staff
reports and determinations are included with this report as Attachment D.
Prior development approvals permit ingress-only traffic at the existing Twenty Ninth
Street driveway. Control devices, such as tiger teeth, were required to prohibit egress
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on to Twenty Ninth Street. A prior property owner illegally removed the control devices
that were once installed. The Ocean Park Boulevard driveway was intended to receive
the largest share of ingress traffic and serve as the only means of vehicle egress.
Deliveries to the site were required to use this driveway.
A traffic study was prepared to evaluate the applicant’s request. While it shows no new
trip generation to the site, it did evaluate whether a shift in the way vehicles approach
and leave the property would result in a significant impact to local streets. The results of
the study show a redistribution of 200 vehicles trips from Twenty Ninth to Thirtieth
Street, but the shift does not exceed the City’s threshold of significance and, therefore,
does not create an environmental impact. The study also indicated that if the project site
were restored to its prior approval with an installed traffic control device at the Twenty
Ninth driveways that there would be 44 fewer average daily trips between the driveway
and Pearl Street compared to existing conditions. Notwithstanding the determination
that the project would not result in a significant environmental impact, there is a broader
policy issue of compliance with the City’s General Plan that supports denial of the
driveway modification request.
The applicant’s reasons supporting the project are two fold: it would improve what the
applicant regards as an unsafe traffic situation at the mid-block driveway adjacent to
Ocean Park Boulevard, and second, it would serve to enhance pedestrian orientation
and beautify the commercial center. The applicant asserts that the Ocean Park
Boulevard driveway has become increasingly hazardous due to a significant increase in
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the public use of the courtyard, pedestrian activity and vehicular traffic. The applicant
states that many motorists entering the commercial center from Ocean Park Boulevard
do so at unsafe speeds to avoid being hit by other motorists continuing west along
Ocean Park Boulevard. It is argued that the existing condition is unsafe for pedestrians
on the sidewalk and those crossing the driveway at designated on-site crosswalks.
Another concern cited by the applicant that contributes to the unsafe condition is that
passenger cars and delivery trucks, despite prohibitive signage, park on the driveway
restricting the forward progress of a motorist entering from the Ocean Park Boulevard
driveway. The applicant further maintains that patrons exiting from this driveway often
look toward oncoming traffic and have a tendency to move forward without first
observing pedestrian activity in the opposite direction. The applicant suggests that the
proposed driveway configuration will improve on-site circulation, facilitate delivery
operations, and enhance the pedestrian-orientation of the courtyard.
While there is potential for conflict between motorists and pedestrians any time a
vehicle crosses a pedestrian walkway, this situation is not unique to the subject
property. The applicant’s concern regarding increased traffic along Ocean Park
Boulevard and traffic volume speeds are concerns expressed throughout the City. A
review of past evening peak hour traffic counts taken in 1984 and more recently in
2002, shows increased peak hour traffic at two intersections over an eighteen year
period on this arterial street. However, the volume, which represents a 9% increase on
Ocean Park Boulevard west of Thirtieth Street and a 24% increase on Ocean Park
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Boulevard east of Twenty Eighth Street, does not create a dangerous condition at the
subject property. The existing mid-block driveway provides access to a multiple use
development with adequate distances between intersecting streets and conforms to
current driveway standards. To improve on-site circulation, other measures within the
property owner’s control could be implemented. For instance, to improve visibility, the
applicant could relocate existing signage and modify planter and landscaping heights
near the driveway entrance. Pedestrian traffic crossing the driveway could be redirected
further from Ocean Park Boulevard and improved with warning and directional signage.
Personnel could be hired to ensure drivers do not park on the driveway thus obstructing
ingress traffic, and tenants could be instructed to make arrangements for deliveries
during non-peak hours and at designated loading zones.
Regarding the pedestrian-oriented enhancements, the City makes great effort to
improve the walk-ability of the community. Recent efforts near the project site include
improved street landscaping and mid-block crosswalks. The applicant’s effort to expand
the outdoor plaza, provide additional tables and chairs, landscaping and sculpture
elements is encouraged, but not at the expense of disrupting existing vehicle patterns
on nearby residential streets.
The Planning Commission, on two prior actions, has favored restricting the project’s
commercial intrusions, such as traffic, deliveries, noise, trash and other disturbances,
on adjacent residential streets. The distribution of vehicle trips associated with the
development site may not be as equitable as some desire, but area residents and
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businesses have remained and move into and around the commercial center based
upon on this understanding and expectation for nearly ten years. The control devices
that restrict vehicular egress from Twenty Ninth Street should be re-installed, which,
based on the traffic study, will result in a reduction of 44 trips on Twenty Ninth Street.
Further, the applicant may want to consider the other site improvements identified in this
report to address perceived traffic problems with the Ocean Park Boulevard driveway.
Proposed Ordinance Amendment
The C2 District currently permits restaurants up to 50 seats where no alcoholic
beverages are served. The C2 District also authorizes restaurants up to 50 seats
which serve alcoholic beverages by conditional use permit. The proposed ordinance
would establish an additional provision that would allow restaurants with more than 50
seats, subject to approval of a Conditional Use Permit, with or without alcohol services.
The amendment would only affect those C2 zoned parcels adjacent to Ocean Park
Boulevard between Twenty Fifth Street and Centinela Avenue.
In a prior report, staff encouraged the Planning Commission to forward a
recommendation to the City Council denying the proposed amendment. This
recommendation was based in part on the pending updates to the Land Use Element
and Zoning Ordinance for a more comprehensive approach to evaluating future
ordinance amendments. Following the Planning Commission’s action, staff has re-
evaluated the recommendation and supports the applicant initiated amendment,
principally due to the limited scope and application of the amendment, and in deference
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to the long-standing, neighborhood serving restaurant, which is the focus of this
component of the application.
The subject zoning district is unique to the other six C2 districts in the City due to its
proximity to the Santa Monica Business Park. The area generates a significant amount
of pedestrian activity and caters to a large daytime population. The availability of larger
restaurants may serve to encourage more pedestrian activity and reduce the number of
vehicles using the streets. Moreover, the discretionary requirement of the amendment
will allow the Planning Commission, or City Council on appeal, an opportunity to deny or
conditionally approve any future restaurants beyond 50 seats to ensure there are no
detrimental impacts to area residents and business owners. Given the geographic area,
discretionary review and limited scope of applicability, the request to permit restaurants
with more than 50 seats in the subject C2 district is appropriate and consistent with the
City’s General Plan.
CEQA STATUS
The project is categorically exempt from the provisions of California Environmental
Quality Act (CEQA) pursuant to Section 15305 Class 5 of the State Implementation
Guidelines in that the project involves an ordinance amendment that is a minor
alteration in land use limitations that will not result in changes to existing land use or
density. Pursuant to Section 15270 of the CEQA Guidelines, the request to modify
existing on-site driveways and circulation patterns, is not subject to CEQA review since
the City Council, serving as the local agency, has on appeal, disapproved the project. If
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the Council were to approve the driveway modification, the project would likely qualify
for a categorical exemption under CEQA.
PUBLIC NOTIFICATION
Pursuant to Municipal Code Sections 9.04.20.22.050, notice of the public hearing was
mailed to all owners and residential and commercial tenants of property located within a
500 foot radius of the project at least ten consecutive calendar days prior to the hearing.
A copy of the notice is contained in Attachment C.
BUDGET/FINANCIAL IMPACT
The recommendation presented in this report does not have any budget or fiscal impact.
RECOMMENDATION
It is recommended that the City Council deny the appeal and introduce for first reading
the attached ordinance based on the following findings.
DEVELOPMENT REVIEW FINDINGS (Denial)
1. The project is not generally consistent with the Municipal Code and General
Plan. Specifically, the proposed request to remove the Ocean Park Boulevard
driveway and established a two-way driveway at Thirtieth Street, while expanding
egress opportunities at Twenty Ninth Street would redistribute average daily
traffic originating from or going to the subject property. This redistribution would
increase the average daily traffic on Thirtieth Street by 200 trips while resulting in
200 fewer trips on Twenty Ninth Street. The redistribution of commercial traffic on
a local residential street is inconsistent with Circulation Element Objective 4.2
and Policy 4.2.3 of the General Plan. Objective 4.2 aims to protect the
environment on local residential streets by minimizing the intrusion of vehicular
traffic and parking into residential neighborhoods. Policy 4.2.3 provides that new
developments and access points should be located in such a way that traffic is
not encouraged to use local residential streets for its parking and access. Since it
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can be seen with certainty that a Thirtieth Street driveway will result in an
increase in commercial traffic beyond what is currently experienced, the
proposed project is not consistent with the General Plan.
TEXT AMENDMENT FINDINGS (Approval)
1. The proposed amendment is consistent in principle with the goals, objectives,
policies, land uses, and programs specified in the adopted General Plan.
Specifically, Objective 1.7 seeks to protect and expand uses that provide for the
day-to-day shopping and service needs of nearby residents. The proposed
amendment facilitates this objective by allowing food serving uses within the
Neighborhood Commercial district, which is within walkable distance from nearby
residences. Moreover, the specific geographic area that the amendment will
affect is adjacent to the Santa Monica Business Park, which generates a
significant amount of walk-in customers to the subject C2 commercial area. The
availability of larger restaurants in this district will encourage more pedestrian
traffic and likely fewer vehicles exiting the Business Park.
2. The public health, safety, and general welfare require the adoption of the
proposed amendment. Due to the location of the subject C2 District, expanded
opportunities for larger restaurants are necessary in order to accommodate
pedestrian traffic and use of the C2 district by nearby residents, area businesses,
and employees of the Santa Monica Business Park. Larger restaurants in this
district will cater to the larger daytime population and will better serve existing
and future business in the area.
CONDITIONAL USE PERMIT FINDINGS (Approval)
1. The proposed use is 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", subject to the City Council’s
approval of the associated text amendment. The text amendment seeks to
conditionally permit restaurants in excess of 50 seats in one specific C2 district.
The request for alcohol service is consistent with the Alcohol Outlet provisions
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 C2 District, subject to the City
Council’s approval of the associated text amendment, permits food uses and
alcohol service consistent with the Alcohol Outlet provisions of the Zoning
Ordinance. The proposed use is located within an existing commercial center,
maintains adequate parking, and is conditioned with reasonable hours of
operation so as not to disrupt other uses in the District.
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3. The subject parcel is physically suitable for the type of land use being proposed.
Specifically, the subject use is located within a commercial center that occupies
one City block between Twenty Ninth and Thirtieth Streets on the north side of
Ocean Park Boulevard. There are no special circumstances associated with the
property, existing improvements or existing and anticipated uses that would
render the subject parcel not suitable for the proposed development.
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 proposed
alcohol-serving restaurant is consistent with other uses on the parcel, including
one other alcohol-serving establishment and three other restaurants.
Complementary retail and office spaces are also located on the site that will
benefit from the establishment of the proposed 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. Specifically, the proposed use is compatible with other neighborhood
serving uses set forth in the C2 district and is located within a multi-tenant
commercial building that currently maintains retail, restaurant and office uses.
Moreover, the proposed use is near the Santa Monica Business Park, which
supports nearby employees with food service within a walkable distance.
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. Specifically, vehicular
access to the property is maintained from Ocean Park Boulevard and an ingress
only access from Twenty Ninth Street. Pedestrian access is available from three
streets. Existing on-site parking is adequate to serve the existing and proposed
uses.
8. The physical location or placement of the use on the site is compatible with and
relates harmoniously to the surrounding neighborhood. Specifically, the subject
alcohol-serving use provides easily accessible and convenient food and
beverage service to area businesses and residents. The proposed use within
the existing commercial center is compatible with similar uses and
complementary to the existing retail and office uses.
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 and further encourages ground floor
commercial uses in this Neighborhood Commercial District.
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10. The proposed use would not be detrimental to the public interest, health, safety,
convenience, or general welfare, in that the proposed use, subject to the City
Council’s approval of the associated text amendment, 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 standard permit is
required.
12. The proposed use will not result in an overconcentration of such uses in the
immediate vicinity, in that the proposed alcohol-serving restaurant will be for sit-
down meal service and will complement other existing uses on the subject
property and support local residents as well as office workers, shoppers, and
visitors within the neighborhood.
ALCOHOL OUTLET FINDINGS (Approval)
1. The proposed use will not adversely affect the welfare of neighborhood
residents in a significant manner in that the proposed use will be located within
an existing commercial center with adequate parking located in the C2 district.
The use complements other retail, office and restaurant uses in the area and is
located close to the Santa Monica Business Park.
2. The proposed use will not contribute to an undue concentration of alcohol
outlets in the area in that the proposed alcohol-serving restaurant will be for sit-
down meal service and will complement other existing uses on the subject
property and support local residents as well as office workers, shoppers, and
visitors within the neighborhood.
3. The proposed use will not detrimentally effect 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 will minimize the potential affect on the
residential uses in the vicinity.
4. The proposed use is compatible with existing and potential uses within the
general area. Specifically, the proposed use is compatible with other
neighborhood serving uses set forth in the C2 district and is located within a
multi-tenant commercial building that currently maintains retail, restaurant and
office uses. Moreover, the proposed use is near the Santa Monica Business
Park, which supports nearby employees with food serves within a walkable
distance.
5. Traffic and parking congestion will not result from the proposed use in that
adequate access to the site is available from Ocean Park Boulevard and Twenty
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Ninth Street. Based on municipal regulations, the proposed use will not require
additional parking than is already available on site. Moreover, due to the
proximity to other area residences and businesses, including the Santa Monica
Business Park, many of the patrons visiting the establishment will be walk-in
customers.
6. The public health, safety, and general welfare are protected in that, subject to
City Council approval of the associated text amendment, 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 conditions of approval will
ensure that the establishment operates as a bona-fide restaurant.
8. The proposed use is consistent with the objectives of the General Plan in that
the Land Use Element of the General Plan permits restaurant uses in
commercial areas and encourages ground floor pedestrian oriented uses in the
C2 District.
CONDITIONS OF APPROVAL
1. This approval is for those plans dated 5/28/04, 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.
Construction
3. The applicant shall be required to obtain a building permit to implement the
entitlements of this approval. Through the building permit process, the applicant
shall demonstrate as required, compliance with all applicable fire, life-safety,
health, plumbing, and accessibility requirements. Compliance with other rules
and regulations from other agencies may also be required. All non life-safety
improvements must be completed within six months, unless otherwise
determined by the City’s Building Official.
Environmental Mitigation
4. Ultra-low flow plumbing fixtures are required on all new development and
remodeling where plumbing is to be added (Maximum 1.6 gallon toilets and 1.0
gallon urinals and low flow shower head.).
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5. Parking areas and structures and other facilities generating wastewater with
significant oil and grease content are required to pretreat these wastes before
discharging to the City sewer or storm drain system. Pretreatment will require
that a clarifier or oil/water separator be installed and maintained on site. In cases
where settleable solids are present (or expected) in greater amounts than
floatable oil and grease, a clarifier unit will be required. In cases where the
opposite waste characteristics are present, an oil/water separator with automatic
oil draw-off will be required instead. The Environmental and Public Works
Management Department will set specific requirements. Building Permit plans
shall show the required installation.
6. To mitigate solid waste impacts, prior to issuance of a Certificate of Occupancy,
project owner shall submit a recycling plan to the Department of Environmental
and Public Works Management for its approval. The recycling plan shall include
1) list of materials such as white paper, computer paper, metal cans, and glass to
be recycled; 2) location of recycling bins; 3) designated recycling coordinator; 4)
nature and extent of internal and external pick-up service; 5) pick-up schedule; 6)
plan to inform tenants/occupants of service.
Validity of Permits
7. The entitlements granted by Conditional Use Permit 04CUP008 shall only
become effective if the City Council approves the associated Text Amendment to
allow restaurants with more than 50 seats in the subject C2 District.
8. 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.
9. 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.
10. 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 yearfrom the associated text amendment’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
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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.
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 11:00 p.m. and 7:00 a.m., Monday through Friday, and
between 11:00 p.m. 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 Ocean Park Boulevard. 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 110 seats, or if fewer seats are
required by the Fire Department, the lessor number of seats shall be indicated.
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
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all permanent mechanical equipment to be placed indoors which may be heard
outdoors.
ALCOHOL OUTLET CONDITIONS
1. Parking lot illumination shall be provided and maintained.
2. The owner shall prohibit loitering in the parking area and shall control noisy
patrons leaving the restaurant.
3. Window or other signage visible from the public right-of-way that advertises beer
or alcohol shall not be permitted.
4. 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.
5. In order to maintain the primary use of the premises for sit-down meal service,
patrons shall not be permitted to use the bar unless they are ordering a meal at
the bar counter in the same manner as patrons ordering meals at the table
seating. The seats located around the bar service area cannot be used as
waiting area or as a bar where patrons may have a drink either before being
seated for meal service, or as a bar where beverages only are provided.
6. The establishment shall maintain a kitchen or food-serving area in which a
variety of food is prepared and cooked on the premises.
7. The establishment shall serve food to patrons during all hours the establishment
is open for customers.
8. Seating arrangements for sit-down patrons shall not exceed 110 seats. No meal
service to any outdoor seats shall be permitted.
9. Take out service shall be only incidental to the primary sit-down use.
10. No alcoholic beverage shall be sold for consumption beyond the premises.
11. No dancing or live entertainment beyond that allowed in the restaurant definition
contained in the Zoning Ordinance shall be permitted on the premises.
12. The permitted hours of service shall be from 10:00 a.m. to 10:00 p.m. Monday
through Thursday, and 10:00 a.m. to 10:30 p.m. Friday and Saturday, with
complete closure and all employees vacated from the building by 11:30 p.m. No
"after hours" operations shall be 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
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submitted to the Chief of Police for review and approval. The plan shall address
both physical and operational security issues.
14. Prior to issuance of a Certificate of Occupancy, or a business license, or
commencement of alcohol service as applicable, the operator shall submit a plan
for approval by the Director of Planning 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 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 issuance of a Certificate of Occupancy, or a business license, or
commencement of alcohol service as applicable, 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.
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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. The project shall at all times comply with the provisions of the Noise Ordinance
(SMMC Chapter 4.12).
22. 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.
23. Applicant is on notice that all temporary signage is subject to the restrictions of
the City sign ordinance.
24. Prior to issuance of a Certificate of Occupancy, Business License, or
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.
Prepared by: Suzanne Frick, Director
Amanda Schachter, Planning Manager
Jonathan Lait, AICP, Acting Principal Planner
Planning and Community Development Department
Attachments:
A. Proposed Ordinance
B. Appeal Statement
C. Public Notice
D. Planning Commission Staff Reports & Determinations w/o Attachments (1985 –
2004)
E. Correspondence
F. Architectural Plans
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ATTACHMENT A
PROPOSED ORDINANCE
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f:\atty\muni\laws\barry\C2DistrictRestaurants-1
City Council Meeting 2-8-05
Santa Monica, California
ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION
9.04.08.016.040 TO PERMIT RESTAURANTS WITH MORE THAN 50 SEATS IN THE
C2 DISTRICT ADJACENT TO OCEAN PARK BOULEVARD BETWEEN TWENTY
FIFTH STREET AND CENTINELA AVENUE SUBJECT TO APPROVAL OF A
CONDITIONAL USE PERMIT
WHEREAS, the C2 District currently permits restaurants up to 50 seats where no
alcoholic beverages are served; and
WHEREAS, the C2 District also currently authorizes restaurants up to 50 seats which
serve alcoholic beverages by conditional use permit; and
WHEREAS, the proposed ordinance would also allow restaurants with more than 50
seats regardless of whether alcohol is being served subject to the issuance of a
conditional use permit; and
WHEREAS, the proposed ordinance would only be applicable to those C2 zoned
parcels adjacent to Ocean Park Boulevard between Twenty-Fifth Street and Centinela
Avenue; and
WHEREAS, this zoning district is unique in comparison to the other six C2 districts in
the City due to its proximity to the Santa Monica Business Park, an area that generates
a significant amount of pedestrian activity and caters to a large daytime population; and
WHEREAS, all other C2 districts are surrounding by residential zones; and
WHEREAS, the availability of large restaurants in this area may serve to encourage
more pedestrian activity and reduce the number of vehicles using the streets, exiting the
business park, or traveling to other business centers; and
WHEREAS, since the proposed ordinance would require restaurants of this size to
obtain a conditional use permit, the Planning Commission, or City Council on appeal,
would have the opportunity to ensure that there are no detrimental impacts to area
residents and business owners; and
WHEREAS, the Planning Commission conducted a public hearing and considered the
proposed ordinance on September 22, 2004; and
WHEREAS, the Planning Commission supported the proposed ordinance; and
WHEREAS, the City Council held a public hearing on the proposed text amendment on
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February 8, 2005; and
WHEREAS, the proposed Zoning Ordinance text amendment is consistent in principle
with the goals, objectives, policies, land uses and programs specified in the adopted
General Plan, specifically, Land Use Element Objective 1.7, which provides that in the
Neighborhood Commercial District, the City should seek to protect and expand uses
that provide for the day-to-day shopping and service needs of nearby residents; and
WHEREAS, the proposed amendment facilitates this objective by increasing the seating
capacity of food serving uses which are within walking distance of nearby residences,
but heavily frequented by employees of an adjacent business park, thereby expanding
the availability of these uses for both residents and employees while also encouraging
more pedestrian traffic and fewer vehicles exiting the Santa Monica Business Park; and
WHEREAS, for the reasons detailed above, the City Council finds and declares that the
public health, safety, and general welfare require the adoption of the proposed text
amendment in that this ordinance will provide expanded opportunities for larger
restaurants to meet the existing and future need generated by nearby residents, area
businesses, and employees of the Santa Monica Business Park,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES
HEREBY ORDAIN AS FOLLOWS:
Santa Monica Municipal Code Section 9.04.08.16.040 is hereby amended to read as
follows:
Section 9.04.08.16.040 Conditionally permitted uses.
The following uses may permitted in the C2 District subject
to the approval of a Conditional Use Permit:
(a) Banks and savings and loan institutions
(b) Expansion or intensification of automobile repair facilities
existing as of July 11, 1995.
(c) Homeless shelters with fifty-five or more beds
(d) Medical, dental, and optometrist offices provided that the use
does not exceed twenty-five percent of the total square footage of
the building, or three thousand square feet, whichever is less.
(e) Restaurants of fifty seats or less at which alcohol is served or
consumed.
(f) Restaurants of more than fifty seats, with or without
alcohol service or consumption, if located on parcels adjacent to
Ocean Park Boulevard between Twenty-Fifth Street and Centinela
Avenue.
(g) Service stations.
(h) Take-out or fast food restaurants.
(i) Theaters over seventy-five seats.
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Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent
with the provisions of this Ordinance, to the extent of such inconsistencies and no
further, is hereby repealed or modified to that extent necessary to effect the provisions
of this Ordinance.
If any section, subsection, sentence, clause, or phrase of this Ordinance is for any
reason held to be invalid or unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
Ordinance. The City Council hereby declares that it would have passed this Ordinance
and each and every section, subsection, sentence, clause, or phrase not declared
invalid or unconstitutional without regard to whether any portion of the ordinance would
be subsequently declared invalid or unconstitutional.
The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance.
The City Clerk shall cause the same to be published once in the official newspaper
within 15 days after its adoption. This Ordinance shall become effective 30 days from
its adoption.
APPROVED AS TO FORM:
_________________________
MARSHA JONES MOUTRIE
City Attorney
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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.
22
ATTACHMENT C
PUBLIC NOTICE
23
NOTICE OF A PUBLIC HEARING
BEFORE THE SANTA MONICA CITY COUNCIL
SUBJECT: APPEAL 04APP005 / TEXT AMENDMENT 04TA-004
2901 Ocean Park Boulevard
APPLICANT/APPELANT: Claire Heron
PROPERTY OWNER: Claire Heron
A public hearing will be held by the City Council to consider the following request:
Appeal 04-005 of the Planning Commission’s Technical Denial of Development Review Permit 03DR-005
to Modify Existing Driveway Locations and On-Site Circulation at 2901 Ocean Park Boulevard, and
Introduction and First Reading of an Ordinance Amending Santa Monica Municipal Code Section
9.04.08.016.040 (Text Amendment 04TA-004) to Permit Restaurants with more than 50 Seats in the C2
District, adjacent to Ocean Park Boulevard Between Twenty Fifth Street and Centinela Avenue, subject to
approval of a Conditional Use Permit.
DATE/TIME: TUESDAY, FEBRUARY 8, 2005 AT 6:45 PM
LOCATION: City Council Chambers, Second Floor, Santa Monica City Hall
1685 Main Street, Santa Monica, California
HOW TO COMMENT
The City of Santa Monica encourages public comment. You may comment at the City Council public
hearing, or by writing a letter. Written information will be given to the City Council at the meeting.
Address your letters to: City Clerk
Re: 04APP005
1685 Main Street, Room 102
Santa Monica, CA 90401
MORE INFORMATION
If you want more information about this project or wish to review the project file, please contact Jonathan
Lait, AICP, Acting Principal Planner at (310) 458-8341, or by e-mail at jon.lait@smgov.net. The Zoning
Ordinance is available at the Planning Counter during business hours and on the City’s web site at
www.santa-monica.org.
The meeting facility is wheelchair accessible. For disability-related accommodations, please contact (310)
458-8341 or (310) 458-8696 TTY at least 72 hours in advance. All written materials are available in
alternate format upon request. Santa Monica Big Blue Bus Lines numbered 1, 2, 3, 5, 7, 8, 9, and 10
serve City Hall.
Pursuant to California Government Code Section 65009(b), if this matter is subsequently challenged in
Court, the challenge may be limited to only those issues raised at the public hearing described in this
notice, or in written correspondence delivered to the City of Santa Monica at, or prior to, the public
hearing.
ESPAÑOL
Esto es una noticia de una audiencia pública para revisar applicaciónes proponiendo desarrollo en Santa
Monica. Si deseas más información, favor de llamar a Carmen Gutierrez en la División de Planificación
al número (310) 458-8341.
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APPROVED AS TO FORM:
___________________________
AMANDA SCHACHTER
Planning Manager
\\CSMFS1\Planning and Community Development\CityPlanning\Share\COUNCIL\NOTICES\2004\04APP005.doc
25
ATTACHMENT D
PLANNING COMMISSION STAFF REPORTS & DETERMINATIONS
W/O ATTACHMENTS (1985-2004)
Electronic version of partial attachments are not available for review. Documents
are available for review at the City Clerk’s Office.
26
City of Santa Monica
City Planning Division
PLANNING COMMISSION
STATEMENT OF OFFICIAL ACTION
PROJECT
CASE NUMBER: Development Review 03-005
LOCATION: 2901 Ocean Park Boulevard
APPLICANT: Claire Heron
PROPERTY
OWNER: Claire Heron
CASE PLANNER: Jonathan Lait, AICP, Acting Principal Planner
REQUEST: Application to amend a previously approved
Development Review (DR 285) to remove the restrictions
prohibiting vehicular egress from Twenty Ninth Street,
eliminate the existing Ocean Park Boulevard driveway,
and to allow a two-way driveway at Thirtieth Street.
CEQA STATUS: The California Environmental Quality Act (CEQA) does not apply to
projects that a public agency rejects or disapproves. Since the subject project was denied,
and consistent with Section 15270 of the CEQA Guidelines, no CEQA determination has
been made for this project.
PLANNING COMMISSION ACTION
27
Date.
July 7, 2004
Approved based on the following findings and subject to the
conditions below.
Denied.
Technical Denial.
X
EFFECTIVE DATES OF ACTIONS IF NOT APPEALED:
July 22, 2004
Motion to deny Development Review permit 03DR-005 was technically denied by the
following vote:
VOTE
Ayes: Clarke, Pugh, Dad
Nays: Brown, Hopkins, Johnson
Abstain:
None
Absent: O’Day
NOTICE
If this is a final decision not subject to further appeal under the City of Santa Monica
Comprehensive Land Use and Zoning Ordinance, the time within which judicial review
of this decision must be sought is governed by Code of Civil Procedure Section 1094.6,
which provision has been adopted by the City pursuant to Municipal Code Section
1.16.010.
I hereby certify that this Statement of Official Action accurately reflects the final
determination of the Planning Commission of the City of Santa Monica.
_____________________________ _____________________________
Darrell Clarke, Vice-Chairperson Date
F:\PLAN\SHARE\PC\STOAS\2003\03DR-005.doc
rev: 8/04
28
PC:JT:AS:JL F:\PLAN\SHARE\PC\STRPT\04\04CUP008.doc Santa Monica, California
Planning Commission Mtg: September 22, 2004
TO: The Honorable Planning Commission
FROM: Planning Staff
SUBJECT: Conditional Use Permit 04CUP008 and Text Amendment 04TA-004
Address: 2901 Ocean Park Boulevard
Applicant: Claire Heron
Property Owner: Claire Heron
INTRODUCTION
Action: Application for a Text Amendment to conditionally allow restaurants with greater
than 50 seats in the C2 District and a Conditional Use Permit for an alcohol serving
restaurant with 110 seats, consistent with the alcohol outlet section of the Zoning
Ordinance and the proposed text amendment.
Recommendation: As previously directed by the Planning Commission, approve the
Conditional Use Permit subject to attached findings and conditions and recommend
approval of the proposed Text Amendment to the City Council.
Permit Streamlining Expiration Date: Not applicable to projects involving legislative
actions.
BACKGROUND
On July 7, 2004, a majority of the Planning Commission directed staff to prepare
findings and conditions that would permit the existing Il Forno Café restaurant to
continue in its current seating and alcohol serving capacity. Il Forno Café is in violation
of a previously issued Alcohol Exemption that restricted the restaurant to 49 seats;
exceeds the number of restaurant seats permitted in the C2 District; and, through its
meal service to an adjacent outdoor dining area, renders the existing site improvements
further inconsistent with floor area limitations set forth in the C2 District.
The Planning Commission’s direction requires a text amendment that would allow
through the issuance of a Conditional Use Permit, one of the City’s seven Neighborhood
Commercial districts to establish restaurants with more than 50 seats. The text
amendment will affect C2 zoned parcels adjacent to Ocean Park Boulevard between
Twenty Fifth Street and Centinela Avenue. A recommendation on the text amendment
will be forwarded to the City Council for review.
Consistent with the proposed text amendment and the alcohol outlet section of the
Zoning Ordinance, a Conditional Use Permit is required to allow a restaurant with more
29
than 50 seats and to serve alcohol. The existing establishment has 110 indoor seats
and maintains a valid Type 41 (On-Sale Beer and Wine) alcohol license. No change to
the alcohol license is proposed.
These applications were initially reviewed at the same time the Planning Commission
considered an amendment to a Development Review permit that would have altered the
driveway configuration and vehicle access to the subject property. That application was
denied and has subsequently been appealed to the City Council.
Text Amendment
The C2 District currently permits restaurants up to 50 seats where no alcoholic
beverages are served; a Conditional Use Permit is required for alcohol service. The
proposed text amendment would establish an additional provision that would allow
restaurants with more than 50 seats, subject to approval of a Conditional Use Permit,
regardless of whether alcohol is served.
An excerpt from the Zoning Ordinance where the amendment would occur is provided
below:
9.04.08.16.040 Conditionally permitted uses.
The following uses may be permitted in the C2 District subject to the approval of a
Conditional Use Permit:
(a) Banks and savings and loan institutions.
(b) Expansion of intensification of automobile repair facilities existing as of July 11,
1995.
(c) Homeless shelters with fifty-five or more beds.
(d) Medical, dental, and optometrist offices provided that the use does not exceed
twenty-five percent of the total square footage of the building, or three thousand
square feet, whichever is less.
(e) Parcels adjacent to Ocean Park Boulevard between Twenty Fifth Street and
Centinela Avenue, restaurants of fifty one seats or greater, with or without
alcohol service.
(f) Restaurants of fifty seats or less at which alcohol is served or consumed.
(g) Service stations.
(h) Take-out or fast food restaurants.
(i) Theaters over seventy-five seats.
The above amendment addresses the applicant’s existing condition and would permit
future restaurants in this one district, subject to Conditional Use Permit approval, to
establish a 51 seat or greater restaurant.
DISCUSSION
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Pursuant to the Planning Commission’s direction, this report contains findings and
conditions that will support the existing Il Forno Café restaurant. The proposed
conditions are typical for alcohol serving restaurants. The hours of operation are
consistent with the existing operation, which is 10 a.m. to 10 p.m. Monday through
Thursday and closing at 10:30 p.m. on Friday and Saturday. Complete closure, where
all employees have left the restaurant, typically occurs one hour after closing.
As noted in the previous staff reports, included as Attachment C, food service to the
outdoor dining seats represents an increase in the amount of floor area being used on
the parcel. Parcels in this district have limited floor area allowances to regulate the size
and intensity of the lot. The existing improvements on the subject property were
constructed at a time that permitted larger floor areas than is currently allowed. As a
result, the existing building is legally nonconforming to current floor area restrictions.
Permitting service to the outdoor seats would further increase the building floor area on
the parcel, which is not permitted when the existing improvements already exceed the
maximum standard. Another text amendment to the C2 District would be required to
permit those parcels greater floor area ratios in order to allow continued service to the
outdoor dining area. The applicant has not made such a request. A condition of
approval has been added that prohibits the subject restaurant from serving patrons any
food or beverages to customers seated at outdoor seats. Patrons may continue to
purchase take out food and eat outside as is done throughout the commercial center.
Another condition requires the applicant to obtain a building permit to increase
restaurant occupancy beyond 49 seats. As there is no record of a building permit being
issued for the restaurant’s expansion into the adjacent tenant space, and no permit
issued to change the occupancy load beyond 49 seats, the applicant must obtain a
building permit to retain the existing floor plan. This requirement is set forth in the Santa
Monica Building Code. Some floor plan changes may be required comply with
applicable fire, life-safety, health, plumbing and accessibility requirements. It is
anticipated that panic hardware will be required on existing exit doors if not already in
place, tables and chairs may need to be rearranged to ensure a clear path of travel, and
some modifications may be required to the plumbing fixtures if an additional water
closets are required or need to be modified in order to comply with accessibility
requirements. Implementation of these improvements will be tracked through a
compliance order that has been filed with the Planning and Community Development
Department.
The remaining conditions of approval are typical of other alcohol serving
establishments.
CEQA STATUS
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Pursuant to the California Environmental Quality Act (CEQA), Class 1 and Class 5,
Sections 15301 and 15305 of the CEQA Guidelines, respectively, the proposed project
is exempt from environmental review. Specifically, the request for a Conditional Use
Permit to expand the existing restaurant and serve alcoholic beverages represents a
minor alteration to an existing private facility resulting in a negligible expansion of use.
The proposed text amendment involves a minor alteration in land use limitations that will
not result in changes to existing land use or density.
PUBLIC NOTIFICATION
Pursuant to Municipal Code Section 9.04.20.20.080 and in accordance with the posting
requirements set forth by the Zoning Administrator, prior to application filing the
applicant posted a sign on the property regarding the subject application. At least ten
days prior to the public hearing date, the applicant submitted a photograph to verify the
site posting and to demonstrate that the sign provides the following information: Project
case number, brief project description, name and telephone number of applicant, site
address, date, time and location of public hearing, and the City Planning Division phone
number. It is the applicant's responsibility to update the hearing date if it is changed
after posting.
In addition, pursuant to Municipal Code Section 9.04.20.22.050, notice of the public
hearing was published in the “California” section of the Los Angeles Times and mailed
to all owners and residential and commercial tenants of property located within a 500
foot radius of the subject lot at least ten consecutive calendar days prior to the hearing.
A copy of the notice is contained in Attachment C.
On September 8, 2004, the applicant/appellant was notified by phone and in writing of
the subject hearing date.
Conclusion
This report transmits to the Planning Commission findings and conditions to support the
existing Il Forno Café restaurant, based upon the Planning Commission’s direction on
July 7, 2004. This direction requires the approval of a Text Amendment to allow more
than 50 seats in a restaurant in the C2 district and a Conditional Use Permit application,
consistent with the amendment requirements and the alcohol outlet section of the
Zoning Ordinance. The amendment will only apply to one of the seven Neighborhood
Commercial Districts in the City. Conditions of approval are recommended that are
consistent with other recent alcohol-serving approvals and special conditions to ensure
compliance with applicable fire, life-safety, health, plumbing and accessibility
requirements.
32
ALTERNATIVES
Other than the recommended action, the Planning Commission may:
Approve 04CUP008 and 04TA-004 based upon revised findings and conditions
Deny 04CUP008 and 04TA-004 with or without prejudice, based upon revised findings
RECOMMENDATION
Based on the Planning Commission’s prior direction, it is recommended that the
Planning Commission approve the Conditional Use Permit 04CUP008 and recommend
approval of Text Amendment 04TA-004 to the City Council.
TEXT AMENDMENT FINDINGS
3. The proposed amendment is consistent in principle with the goals, objectives,
policies, land uses, and programs specified in the adopted General Plan.
Specifically, Objective 1.7 seeks to protect and expand uses that provide for the
day-to-day shopping and service needs of nearby residents. The proposed
amendment facilitates this objective by allowing food serving uses within the
Neighborhood Commercial district, which is within walkable distance from nearby
residences. Moreover, the specific geographic area that the amendment will
affect is adjacent to the Santa Monica Business Park, which generates a
significant amount of walk-in customers to the subject C2 commercial area. The
availability of larger restaurants in this district will encourage more pedestrian
traffic and likely fewer vehicles exiting the Business Park.
4. The public health, safety, and general welfare require the adoption of the
proposed amendment. Due to the location of the subject C2 District, expanded
opportunities for larger restaurants are necessary in order to accommodate
pedestrian traffic and use of the C2 district by nearby residents, area businesses,
and employees of the Santa Monica Business Park. Larger restaurants in this
district will cater to the larger daytime population and will better serve existing
and future business in the area.
CONDITIONAL USE PERMIT FINDINGS
1. The proposed use is 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", subject to the City Council’s
approval of the associated text amendment. The text amendment seeks to
conditionally permit restaurants in excess of 50 seats in one specific C2 district.
The request for alcohol service is consistent with the Alcohol Outlet provisions
of the Zoning Ordinance.
33
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 C2 District, subject to the City
Council’s approval of the associated text amendment, permits food uses and
alcohol service consistent with the Alcohol Outlet provisions of the Zoning
Ordinance. The proposed use is located within an existing commercial center,
maintains adequate parking, and is conditioned with reasonable hours of
operation so as not to disrupt other uses in the District.
3. The subject parcel is physically suitable for the type of land use being proposed.
Specifically, the subject use is located within a commercial center that occupies
one City block between Twenty Ninth and Thirtieth Streets on the north side of
Ocean Park Boulevard. There are no special circumstances associated with the
property, existing improvements or existing and anticipated uses that would
render the subject parcel not suitable for the proposed development.
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 proposed
alcohol-serving restaurant is consistent with other uses on the parcel, including
one other alcohol-serving establishment and three other restaurants.
Complementary retail and office spaces are also located on the site that will
benefit from the establishment of the proposed 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. Specifically, the proposed use is compatible with other neighborhood
serving uses set forth in the C2 district and is located within a multi-tenant
commercial building that currently maintains retail, restaurant and office uses.
Moreover, the proposed use is near the Santa Monica Business Park, which
supports nearby employees with food service within a walkable distance.
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. Specifically, vehicular
access to the property is maintained from Ocean Park Boulevard and an ingress
only access from Twenty Ninth Street. Pedestrian access is available from three
streets. Existing on-site parking is adequate to serve the existing and proposed
uses.
8. The physical location or placement of the use on the site is compatible with and
relates harmoniously to the surrounding neighborhood. Specifically, the subject
alcohol-serving use provides easily accessible and convenient food and
beverage service to area businesses and residents. The proposed use within
34
the existing commercial center is compatible with similar uses and
complementary to the existing retail and office uses.
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 and further encourages ground floor
commercial uses in this Neighborhood Commercial District.
10. The proposed use would not be detrimental to the public interest, health, safety,
convenience, or general welfare, in that the proposed use, subject to the City
Council’s approval of the associated text amendment, 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 standard permit is
required.
12. The proposed use will not result in an overconcentration of such uses in the
immediate vicinity, in that the proposed alcohol-serving restaurant will be for sit-
down meal service and will complement other existing uses on the subject
property and support local residents as well as office workers, shoppers, and
visitors within the neighborhood.
ALCOHOL OUTLET FINDINGS
1. The proposed use will not adversely affect the welfare of neighborhood
residents in a significant manner in that the proposed use will be located within
an existing commercial center with adequate parking located in the C2 district.
The use complements other retail, office and restaurant uses in the area and is
located close to the Santa Monica Business Park.
2. The proposed use will not contribute to an undue concentration of alcohol
outlets in the area in that the proposed alcohol-serving restaurant will be for sit-
down meal service and will complement other existing uses on the subject
property and support local residents as well as office workers, shoppers, and
visitors within the neighborhood.
3. The proposed use will not detrimentally effect 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 will minimize the potential affect on the
residential uses in the vicinity.
4. The proposed use is compatible with existing and potential uses within the
general area. Specifically, the proposed use is compatible with other
35
neighborhood serving uses set forth in the C2 district and is located within a
multi-tenant commercial building that currently maintains retail, restaurant and
office uses. Moreover, the proposed use is near the Santa Monica Business
Park, which supports nearby employees with food serves within a walkable
distance.
5. Traffic and parking congestion will not result from the proposed use in that
adequate access to the site is available from Ocean Park Boulevard and Twenty
Ninth Street. Based on municipal regulations, the proposed use will not require
additional parking than is already available on site. Moreover, due to the
proximity to other area residences and businesses, including the Santa Monica
Business Park, many of the patrons visiting the establishment will be walk-in
customers.
6. The public health, safety, and general welfare are protected in that, subject to
City Council approval of the associated text amendment, 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 conditions of approval will
ensure that the establishment operates as a bona-fide restaurant.
8. The proposed use is consistent with the objectives of the General Plan in that
the Land Use Element of the General Plan permits restaurant uses in
commercial areas and encourages ground floor pedestrian oriented uses in the
C2 District.
CONDITIONS OF APPROVAL
18. This approval is for those plans dated 5/28/04, 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.
19. 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.
Construction
20. The applicant shall be required to obtain a building permit to implement the
entitlements of this approval. Through the building permit process, the applicant
shall demonstrate as required, compliance with all applicable fire, life-safety,
health, plumbing, and accessibility requirements. Compliance with other rules
and regulations from other agencies may also be required. All non life-safety
36
improvements must be completed within six months, unless otherwise
determined by the City’s Building Official.
Environmental Mitigation
21. Ultra-low flow plumbing fixtures are required on all new development and
remodeling where plumbing is to be added (Maximum 1.6 gallon toilets and 1.0
gallon urinals and low flow shower head.).
22. Parking areas and structures and other facilities generating wastewater with
significant oil and grease content are required to pretreat these wastes before
discharging to the City sewer or storm drain system. Pretreatment will require
that a clarifier or oil/water separator be installed and maintained on site. In cases
where settleable solids are present (or expected) in greater amounts than
floatable oil and grease, a clarifier unit will be required. In cases where the
opposite waste characteristics are present, an oil/water separator with automatic
oil draw-off will be required instead. The Environmental and Public Works
Management Department will set specific requirements. Building Permit plans
shall show the required installation.
23. To mitigate solid waste impacts, prior to issuance of a Certificate of Occupancy,
project owner shall submit a recycling plan to the Department of Environmental
and Public Works Management for its approval. The recycling plan shall include
1) list of materials such as white paper, computer paper, metal cans, and glass to
be recycled; 2) location of recycling bins; 3) designated recycling coordinator; 4)
nature and extent of internal and external pick-up service; 5) pick-up schedule; 6)
plan to inform tenants/occupants of service.
Validity of Permits
24. The entitlements granted by Conditional Use Permit 04CUP008 shall only
become effective if the City Council approves the associated Text Amendment to
allow restaurants with more than 50 seats in the subject C2 District.
25. 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.
26. 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
37
Planning Division. Failure to comply with this condition may constitute grounds
for potential permit revocation.
27. 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 yearfrom the associated text amendment’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.
28. 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.
29. 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.
30. 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 11:00 p.m. and 7:00 a.m., Monday through Friday, and
between 11:00 p.m. 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 Ocean Park Boulevard. No after hours operation shall
be permitted.
31. Pursuant to Municipal Code Section 9.04.10.02.420, a sign shall be posted
stating that the establishment is limited to 110 seats, or if fewer seats are
required by the Fire Department, the lessor number of seats shall be indicated.
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.
32. 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.
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33. 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.
34. 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.
ALCOHOL OUTLET CONDITIONS
25. Parking lot illumination shall be provided and maintained.
26. The owner shall prohibit loitering in the parking area and shall control noisy
patrons leaving the restaurant.
27. Window or other signage visible from the public right-of-way that advertises beer
or alcohol shall not be permitted.
28. 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.
29. In order to maintain the primary use of the premises for sit-down meal service,
patrons shall not be permitted to use the bar unless they are ordering a meal at
the bar counter in the same manner as patrons ordering meals at the table
seating. The seats located around the bar service area cannot be used as
waiting area or as a bar where patrons may have a drink either before being
seated for meal service, or as a bar where beverages only are provided.
30. The establishment shall maintain a kitchen or food-serving area in which a
variety of food is prepared and cooked on the premises.
31. The establishment shall serve food to patrons during all hours the establishment
is open for customers.
32. Seating arrangements for sit-down patrons shall not exceed 110 seats. No meal
service to any outdoor seats shall be permitted.
33. Take out service shall be only incidental to the primary sit-down use.
34. No alcoholic beverage shall be sold for consumption beyond the premises.
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35. No dancing or live entertainment beyond that allowed in the restaurant definition
contained in the Zoning Ordinance shall be permitted on the premises.
36. The permitted hours of service shall be from 10:00 a.m. to 10:00 p.m. Monday
through Thursday, and 10:00 a.m. to 10:30 p.m. Friday and Saturday, with
complete closure and all employees vacated from the building by 11:30 p.m. No
"after hours" operations shall be permitted.
37. 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.
38. Prior to issuance of a Certificate of Occupancy, or a business license, or
commencement of alcohol service as applicable, the operator shall submit a plan
for approval by the Director of Planning 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 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.
39. Prior to issuance of a Certificate of Occupancy, or a business license, or
commencement of alcohol service as applicable, 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.
40. 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
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seats, intensity of operation, or outdoor areas shall occur without prior approval
from the City of Santa Monica and State ABC.
41. Except for special events, alcohol shall not be served in any disposable container
such as disposable plastic or paper cups.
42. Any minimum purchase requirement may be satisfied by the purchase of
beverages or food.
43. No video or other amusement games shall be permitted on the premises.
44. 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.
45. The project shall at all times comply with the provisions of the Noise Ordinance
(SMMC Chapter 4.12).
46. 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.
47. Applicant is on notice that all temporary signage is subject to the restrictions of
the City sign ordinance.
48. Prior to issuance of a Certificate of Occupancy, Business License, or
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.
Prepared by: Jonathan Lait, AICP, Acting Principal Planner
Attachments:
A. Notice of Public Hearing
B. Il Forno Café Floor Plan
C. Planning Commission Staff Reports dated July 7 and June 16, 2004, without
attachments
F:\PLAN\SHARE\PC\STRPT\04\04CUP008.doc
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ATTACHMENT E
CORRESPONDENCE
Electronic version of attachment is not available for review. Document is
available for review at the City Clerk’s Office.
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ATTACHMENT F
ARCHITECTURAL PLANS
Electronic version of attachment is not available for review. Document is
available for review at the City Clerk’s Office.
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