SR-402-007 (34)
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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
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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
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