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SR-402-007 (34) ~1) APR 1 2 2005 PCD:SF :AS:JL F:\CityPlanning\Share\COU NCIL \STRPT\2004\04APP005 STOA.doc Council Mtg: April 12, 2005 Santa Monica, California TO: Mayor and Councilmembers FROM: City Staff SUBJECT: Certification of the Statement of Official Action for 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 the 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 staff report transmits for City Council certification the Statement of Official Action for the subject appeal and proposed text amendment. On February 8, 2005 the City Council denied the Appeal 04APP005 and introduced for first reading an ordinance to allow restaurants over 50 seats, with approval of a Conditional Use Permit, in the subject C2 District. The City Council's decision was based upon the findings contained in the attached Statement of Official Action. BUDGET/FINANCIAL IMPACT The recommendation presented in this report does not have any budget or fiscal impact. iD APR 1 2 2005 RECOMMENDATION It is recommended that the City Council approve the attached Statement of Official Action. Prepared by: Suzanne Frick, Director Amanda Schachter, Planning Manager Jonathan Lait, AICP, Acting Principal Planner Planning and Community Development Department Attachment: Statement of Official Action ~ f)~ ~ CITY OF SANTA MONICA CITY COUNCIL City of Santa illonica'. STATEMENT OF OFFICIAL ACTION PROJECT CASE NUMBER: Appeal04APP005 LOCATION: 2901 Ocean Park Boulevard APPLICANT: Claire Heron APPELLANT: Claire Heron PROPERTY OWNER: Claire Heron CASE PLANNER: Jonathan Lait, AICP, Acting Principal Planner REQUEST: 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. 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. CITY COUNCIL ACTION February 8. 2005 Date. Approved based on the following findings and subject to the conditions below: ' Denied based on the following findings: X Other: The City Council denied Appeal 04APP005 of the Planning Commission's Technical denial of Development Review permit 03DR-005, but approved and introduced for first reading an ordinance to permit restaurants with more than 50 seats in the subject C2 District, with approval of a Conditional Use Permit. EFFECTIVE DATE OF ACTION: February 8, 2005 EXPIRATION DATE OF ANY PERMIT GRANTED: Not Applicable. LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATES: Not Applicable. Each and all of the findings and determinations are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the Project. All summaries of information contained herein or in the findings are based on the substantial evidence in the record. The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact. 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 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. At the time the original project was approved, and again in 1989, the Planning Commission denied requests to use Thirtieth Street as a means of ingress and egress based on the same general plan considerations. 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. VOTE Ayes: Nays: Abstain: Bloom, Genser, Holbrook, Katz, McKeown, Shriver and Mayor O'Connor Absent: NOTICE If this is a final decision not subject to further appeal under the City of Santa Monica Comprehensive and Zoning Ordinance, the time within which judicial review of this decision must be sought is governed by Code of Civil Procedures 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 City Council of the City of Santa Monica. If -/.5-05 Date F :\CityPlanni ng\Share\COUNCI L \STRPT\2004\04APP005 STOA.doc