SR-402-008 (12)
PCD:SF:JT:AS:F:\PLAN\SHARE\COUNCIL\STRPT\2003\03APP-012 Bubba Gump.doc
Council Mtg: September 9, 2003 Santa Monica, California
TO: Mayor and Councilmembers
FROM: City Staff
SUBJECT: Certification of a Final Environmental Impact Report, Adoption of a
Statement of Overriding Considerations, and Appeal 03APP-012 of the
Planning Commission’s Approval of Development Review Permit 02-008,
Conditional Use Permit 02-011, Reduced Parking Permit 02-001 for a New
Restaurant Building Located at 301 Santa Monica Pier.
Applicant/Appellant: Bubba Gump Shrimp Company
INTRODUCTION
This report recommends that the City Council certify the Final Environmental Impact
Report, adopt a Statement of Overriding Considerations, and uphold the Planning
Commission’s approval for a new restaurant structure to replace the Boathouse
Restaurant structure located at 301 Santa Monica Pier, modifying one condition to
restrict the sales of alcoholic beverages to a maximum of 35% of the restaurant’s
annual gross revenue.
BACKGROUND
Project Description
The proposed project is the demolition of an existing 6,859-square foot, two-story
restaurant structure located on the Santa Monica Pier, a designated City Landmark, and
the construction of a three-story, 8,955 square-foot restaurant with two levels of outdoor
dining decks, Pier level retail space, and alcoholic beverage service. The restaurant
would include 2,019 square feet of indoor service and seating, 386 square feet of bar
area, 2,511 square feet of outdoor dining patios on the beach and pier levels, a 415
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square-foot retail area opening onto the Pier, and 3,624 square feet of support area
including kitchen and storage on the ground floor, service area on the main floor and
storage space and offices on a mezzanine level. The proposed project is further
detailed in the Planning Commission staff report (Attachment D).
The following discretionary permits are required for the proposed project:
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Development Review Permit 02-008, because the project exceeds the 7,500
square foot threshold for the RVC Zone set forth in Interim Ordinance 1999.
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Conditional Use Permit 02-011, because alcoholic beverage service is proposed.
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Reduced Parking Permit 02-001, to allow the restaurant to use shared parking on
the existing Pier and in the beach parking lots to meet the parking requirement of
82 spaces.
On June 18, 2003, the Planning Commission held a public hearing and unanimously
certified the Environmental Impact Report for the proposed project, and adopted a
Statement of Overriding Considerations in regard to one significant traffic impact for
which a mitigation measure could not be identified. The Planning Commission
approved the project by a vote of 6-1, subject to conditions.
This hearing by the City Council is de novo. Consequently, all issues related to the
project are now before the Council. Although the Planning Commission certified the
EIR, the environmental document is also before the Council. Therefore, the City
Council should re-certify the EIR prior to taking action on the proposed projects. While
the EIR identifies significant unavoidable adverse environmental impacts, the Council
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may certify the EIR with these impacts. However, before the City Council could approve
the project, the Council would have to make findings related to each of the identified
significant effects and adopt a Statement of Overriding Considerations. A Statement of
Overriding Considerations is a determination by the Council that the economic, legal,
social, technological or other benefits of the proposed project outweigh the unavoidable
adverse environmental impacts.
Appeal Statement
On July 1, 2003, the applicant submitted an appeal of Conditions No. 17 [construction
mitigation], No. 52 [limiting alcoholic beverage sales revenue to 25% of annual gross
income], and No. 57(a) (sound barrier) and (b) (construction staging). The appeal
states: “Conditions No. 17, 57(a) and (b) are infeasible. Feasible measures exist which
are equally or more effective. There is no nexus to support imposing Condition No. 52
on the proposed project.” On July 24, 2003, the applicant submitted further detail
regarding these appeal points. The appellant states, in addressing Condition No. 57(a),
that requiring a sound wall is not appropriate for mitigation of construction noise impacts
and suggests instead limiting pile driving activities to certain hours as specified in the
Noise Ordinance and to a three week maximum duration. Several modifications are
proposed to Condition 57(b), and these are detailed in the analysis below. Finally, the
July 24 letter further explains the applicant’s reasons for objecting to the 25% restriction
on alcoholic beverage revenues.
ANALYSIS
Construction Mitigation Measures
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The construction mitigation conditions that are the subject of this appeal are mitigation
measures adopted in the Final Environmental Impact Report (EIR). The particular
environment surrounding the subject site, including the regionally significant beach
recreation area, regional bike path, and the Pier itself were considered in proposing
these mitigation measures. Activities immediately surrounding the site were considered
to be sensitive uses due to the thousands of people from across the region that they
attract daily, which increases significantly during the peak summer season. In addition,
there are some residential uses in the vicinity within 400 feet of the construction area.
At staff’s request, the environmental consultants for the project reviewed the appeal
points pertaining to conditions that are also mitigation measures required in the project
EIR. This analysis is contained in Attachment C.
Condition 17
The applicant did not provide information in the appeal statement regarding the reason
for appealing this condition. This is a standard condition requiring a construction period
mitigation plan including all mitigation measures identified in the EIR and posted on the
site for the duration of the project. Staff continues to recommend this condition as it
mitigates construction impacts and is consistently applied to all development projects
that require discretionary approvals with environmental mitigation measures.
Condition 57(a)
This condition requires a temporary sound barrier with acoustical sound absorption
blankets of 8-10 feet in height. In the appeal statement, the applicant suggests that
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measures incorporated into the RAND EIR be adopted for the Bubba Gump project.
The applicant made a similar suggestion during the EIR comment period. The response
to this comment, included in the Final EIR, emphasized the different settings for the
RAND project (limited pedestrian traffic and further from residential uses) and the
subject proposal (significant regional recreational setting and closer to residential uses).
The appellant states that this mitigation measure/condition is based on an assumption
that noise will be at the level of pile driving for the duration of the construction period.
This is not the case, as explained by the City’s environmental consultants in Attachment
C. Although the worst-case maximum noise level associated with pile driving is noted,
the noise analysis was based on more typical construction activities. On this basis,
noise levels as deemed acceptable in the City’s noise ordinance were exceeded, but
could be mitigated to a less than significant level through the provision of a sound wall.
It is unnecessary to include a requirement to further limit pile-driving activity, because
the Noise Ordinance already limits such activity to the hours between 10:00 a.m. and
3:00 p.m. if it exceeds the Code defined acceptable dBA level. However, staff does not
object to the appellant’s proposal to limit pile-driving activity to a maximum three-week
duration. Nonetheless, staff believes that the condition should remain to ensure
adequate noise mitigation.
Condition 57(b)
The appellant proposes a revised construction plan that modifies five of the bullet points
in this condition. The modifications include: allowing a screened chain link fence in
place of a solid wall on all sides of the project except on the south (Pier) side of the
project; replacing staging plan requirements with a construction plan submitted by the
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appellants; retaining the Santa Monica Pier sign in place between the construction zone
and staging area, where they believe it will be adequately protected during construction
without need for protective storage; and allowing more liberal interruption of the bicycle
path throughout the day, except on Saturday.
Due to the particular sensitivity of the project’s Pier and beach location, staff was aware
early in the review process that various agencies with jurisdiction over the area would
have concerns regarding the project’s construction staging. These concerns relate to
activity throughout the year, and particularly in the peak summer season into which it is
likely that construction will extend. Planning Division staff held a meeting at the project
site with representatives of Open Space Management, Transportation Management, the
Pier Restoration Corporation and Resource Management, including Pier maintenance
and management staff to discuss construction impacts and feasible construction period
mitigation measures. The resulting condition, 57(b), was circulated for comment by all
involved prior to finalization in the EIR, and reflects the concerns and needs of each of
these agencies. It was further discussed with the California State Parks and Recreation
representative charged with reviewing construction period staging activities located on
the beach adjacent to the Pier. Staff believes that the condition consists of necessary
and feasible measures to mitigate construction impacts.
The appellant suggests that chain link fencing with slats on 3 of the 4 sides of the
project (with a solid fence only on the south Pier side) is an acceptable substitute for a
solid fence with sound absorption blankets. However, in addition to noise factors, the
EIR analysis of construction effects identified potentially significant visual impacts,
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which are mitigated by providing a solid, decorative construction wall with a few eye-
level viewing portholes. Staff continues to recommend that chain link fencing with slats
as allowed on construction sites such as the RAND site would not be appropriate for the
Pier and beach area. It is more appropriate to equate this construction project with
similar projects in recreational locations, for which a decorative construction wall with an
absorbent sound blanket is commonly used to sustain the area’s image as a pleasant
and enjoyable recreational destination during a prolonged construction period.
The second proposed modification substitutes a construction staging plan for the third
and fourth bullets of Condition 57(b). These bullets address the location of the staging
area north of the site, the construction of a wood deck on the beach to be used as the
staging area so that construction materials are not placed directly on the sand, the
construction of a pedestrian path north of the staging area and returning the area to its
original condition upon completion of construction. The construction staging plan
submitted by the appellant partially implements these two bullets by providing a specific
depiction of the staging area and pedestrian path. Planning staff does not object to the
staging area and path as shown, but it has not been reviewed and approved by Open
Space Management and others. This review is more appropriate during the building
permit process as details are fleshed out, and it is preferable to leave the language in
the existing condition as originally proposed to allow flexibility. Additionally, the bullet
points proposed for deletion contain important language ensuring the applicant’s
responsibility to restore the beach area to its original condition and requiring Open
Space Management’s review and approval. Staff also disagrees with notes on the plan
allowing interruption of the bicycle path throughout the day.
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The third proposed modification is to replace the sixth bullet of Condition 57(b) with
language to allow the maintenance and protection of the Santa Monica Pier Sign in
place rather than storing it to protect it. Planning Division staff continues to recommend
that the sign be stored to ensure protection of it from damage during construction
because of its close proximity to the construction area.
The fourth proposed modification is regarding the eighth bullet of Condition 57(b) that
addresses the movement of construction equipment across the bicycle path. Staff
disagrees with the appellant’s contention that it is not feasible to prohibit the movement
of equipment across the bicycle path after 9:00 a.m. As the staging area is to be located
on the beach, there is no need to cross the bicycle path once equipment is at the site.
The measure requires the construction company to be organized in its work, and with
proper planning, all materials needed for the day or ready to be removed could be
transported before 9:00 a.m. It would also be possible, if demonstrated as necessary,
to expand the size of the staging area to accommodate more storage and for special
circumstances. The construction manager may apply for a waiver from the noise
ordinance in order to get an earlier start and ensure completion of equipment
transportation prior to 9:00 a.m.
Staff is concerned that the appellant’s alternative would cause great disruption to the
public because the bicycle path is so frequently used after 9:00 a.m. throughout the
year. As proposed by Planning staff, regular users of the path would become aware that
the interruption would only occur between 8:00 and 9:00 a.m. and could adjust their
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schedules accordingly. The appellant’s condition introduces uncertainty, as it would not
be known when these 5-minute intervals might happen. Five minutes is actually a
significant amount of time for a cyclist to wait on the beach for equipment to pass, and it
is likely that some bicyclists would detour through the parking lot potentially resulting in
conflicts with automobiles. For these reasons, the appellant’s proposal does not
adequately mitigate the project’s construction impacts and staff continues to
recommend approval of the existing mitigation measure/condition.
The applicant’s letter explains that they reached agreement on the changes proposed to
Condition 57 with the PRC, one of the many agencies involved in preparing this
condition. Notwithstanding the conclusions of the referenced meeting, the appellant’s
construction mitigation substitution does not adequately mitigate the construction
impacts and therefore staff does not recommend incorporating any of the proposed
changes into the EIR and project conditions of approval.
Alcoholic Beverage Sales (Condition No. 52)
The Planning Commission generally specifies a maximum percentage of restaurant
revenue from alcoholic beverage sales as a standard CUP condition of approval for
alcoholic beverage service in a restaurant. The limit that has typically been applied, and
which staff recommended for this project, is 35% of gross annual revenue. The
Planning Commission modified the staff recommendation for the proposed condition
from 35% to 25%, justifying the reduction as necessary to ensure that the restaurant
maintains its character as a family-style restaurant. Further, based on the applicant’s
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testimony that most of their restaurants earn between 12% and 19% of income from
alcoholic beverages, the Planning Commission expressed its belief that a 25% limitation
would not be a hardship to the applicants.
Staff believes that the more typical 35% maximum is sufficient, together with other
conditions of approval, to ensure that the restaurant does not become a bar or nightclub
and agrees with the applicant’s appeal. Other conditions of approval include limiting
hours of alcoholic beverage service and bar service, prohibiting live music and dance
beyond the level allowed by the Zoning Code for restaurants, requiring employee
alcohol awareness training, adherence to the approved floor plans, including only 12 bar
seats, limitation of the primary use of the premises to sit down meal service, and
allowing customers to order meals at the bar during all hours of operation. Furthermore,
the City of Santa Monica’s lease agreement with Bubba Gump Shrimp Company, which
is administered by the City’s Resource Management Department, clearly requires that
this site be operated as a bona fide family-style restaurant. Additionally, the restriction
to 35% is consistent with the most recent Santa Monica Pier restaurant approval,
Mariasol, in its Conditional Use Permit approved in 2000.
CEQA STATUS
An Environmental Impact Report (EIR) was prepared for this project in accordance with
Section 15087 of the CEQA Guidelines. A Notice of Preparation (NOP) was filed with
the California Office of Planning and Research and distributed to involved public
agencies and interested parties for a 30-day public review period, which began August
15, 2002, and concluded on September 16, 2002.
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Copies of the Draft EIR were made available on April 4, 2003 for a public review period,
which closed on May 19, 2003. Two comments were received, from the applicant and
from the California Department of Transportation. Response to those comments was
incorporated into the Final EIR, which the Planning Commission certified on June 18,
2003.
The Initial Study identified potentially significant impacts in the following issue areas
associated with the construction and/or operation of the proposed project which are
addressed in detail in the EIR: Construction Effects, Cultural Resources,
Transportation/Circulation and Parking, Aesthetics, Mandatory Findings of Significance
(Cumulative Effects) and Neighborhood Effects. The EIR includes feasible mitigation
measures for impacts identified in these areas, where possible. A discussion of the
potential environmental effects of the proposed project, proposed mitigation measures,
project alternatives and statement of overriding considerations is included in the
Planning Commission staff report (Attachment D).
When the proposed project is considered together with cumulative projects in the
vicinity that will be implemented in the foreseeable future, primarily the Pier Ramp
project, the EIR identified one significant, unavoidable and adverse impact that cannot
be mitigated for Transportation/Circulation. The traffic study determined that during the
Saturday mid-day peak period, the project’s additional trips would create a significant
impact cumulatively with the additional trips generated by the Pier Ramp project. The
Pier ramp may require mitigation measures involving reconfiguration of this intersection.
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However, as the project is still under development, it is not possible at this time to define
the required mitigation with any precision or determine its feasibility. For this reason, a
measure to mitigate the restaurant’s contribution to the impact cannot be identified and
required as part of the project approval. Therefore, no feasible mitigation measure has
been identified and a Statement of Overriding Considerations would be required in order
to certify the Environmental Impact Report.
Statement of Overriding Considerations
Examination of the project alternatives detailed in the Planning Commission staff report,
did not identify an alternative project that would be both environmentally superior and
reasonably feasible so as to be overall superior to the proposed project. Therefore, in
order to certify the EIR and adopt the project, a Statement of Overriding Considerations
(Attachment F) is proposed. Staff believes that the public benefits of the project
outweigh its unavoidable environmental impacts for several reasons. First, the project
would provide a competitively priced, children-friendly, family-style restaurant that
contributes to the development and aesthetic improvement of the Santa Monica Pier.
Additionally, the project would provide an elevator for disabled access from the beach to
the Pier deck that the applicant has proposed to be available for use by all disabled
users of the beach and Pier during the restaurant’s hours of operation. The project
would create both temporary construction jobs and permanent jobs, and provide
significant direct fiscal benefits to the City including increased sales tax revenues.
PUBLIC NOTIFICATION
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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 A.
CONCLUSION
Analysis of the applicant’s position, as well as the research and evidence presented
throughout the permit approval process, has not altered staff’s conclusion that the
mitigation measures included in the EIR are both necessary and feasible. No
modification is recommended. Staff concurs with the applicant’s request to modify the
condition regarding alcoholic beverage sales.
BUDGET/FINANCIAL IMPACT
The recommendation presented in this report does not have any budget or fiscal impact.
RECOMMENDATION
It is recommended that the Council uphold the Planning Commission’s approval of the
proposed project with one modification and take the following actions:
1. Adopt a resolution certifying the Environmental Impact Report;
2. Adopt a Resolution adopting a Statement of Overriding Considerations and
Mitigation Monitoring Plan; and
3. Approve Development Review Permit 02-008, Conditional Use Permit 02-011,
and Reduced Parking Permit 02-001, modifying the Conditions of Approval to
restrict the sales of alcoholic beverages to a maximum of 35% of the restaurant’s
annual gross revenue.
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FINDINGS
DEVELOPMENT REVIEW PERMIT
1. The physical location, size, massing, and placement of proposed structures on
the site and the location of proposed uses within the project are compatible with
and relate harmoniously to surrounding sites and neighborhoods because the
project is consistent with the height and density standards set forth in the Zoning
Ordinance for the Pier specifically and the RVC District generally. The building
relates to the Pier activity by providing retail activity that opens directly onto the
Pier at Pier level. Dining activities within the building face west towards the
continuation of the Pier and north towards the beach, creating further connection
between the Pier and beach areas. Furthermore, the proposed structure is
within the footprint of the existing structure. A restaurant structure at the
location contributes to the historic character of the Landmark Santa Monica Pier.
2. The rights-of-way can accommodate autos and pedestrians, including adequate
parking and access in that the project site is accessed from the Santa Monica
Pier and patrons of the project will utilize existing access to Pier and beach
parking lots.
3. The health and safety services (police, fire etc.) and public infrastructure (e.g.,
utilities) are sufficient to accommodate the new development in that sufficient
infrastructure currently serves the Pier and served the previous restaurant on
the site, including a Police sub-station almost directly across from the restaurant
site.
4. The project is generally consistent with the Municipal Code and General Plan in
that it meets the goals and purpose of the RVC Zone and is consistent with
Objective 1.5 for the Oceanfront Special District because the restaurant anchors
the Pier with a strong visitor-oriented use and does not have negative effects on
the existing residential mix in the district. The proposed project also meets all
Code requirements with the exception of parking, for which a Reduced Parking
Permit is approved herein allowing shared parking with other Pier and
beachfront uses.
5. Reasonable and feasible mitigation measures have been included for all adverse
impacts identified in an Initial Study or Environmental Impact Report, such that
all identified impacts are reduced to a less than significant level except for the
cumulative impacts of traffic at the intersection of Ocean Avenue and Colorado
Avenue in conjunction with development of the Pier Ramp project. Because the
Pier Ramp project is still in development and a feasible mitigation measure
cannot be identified and applied to the proposed project, a Statement of
Overriding Considerations has been adopted with certification of the EIR.
CONDITIONAL USE PERMIT
1. The proposed use is one conditionally permitted within the subject district and
complies with all of the applicable provisions of the "City of Santa Monica
Comprehensive Land Use and Zoning Ordinance" in that an alcohol license in
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conjunction with food service is conditionally permitted in the Residential-Visitor-
Commercial (RVC) Zoning District.
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 RVC district and the Santa
Monica Pier in particular permits food uses, and alcohol service will be ancillary
to the food service function of the establishment.
3. The subject parcel is physically suitable for the type of land use being proposed,
in that the parcel is the Santa Monica Pier and the proposed restaurant with
alcoholic beverage service will replace an existing structure that has contained
a restaurant and bar with alcoholic beverage service.
4. The proposed use is compatible with any of the land uses presently on the
subject parcel if the present land uses are to remain, in that the issuance of an
alcohol license is compatible with the allowed restaurant use and with other
uses on the Santa Monica Pier.
5. The proposed use would be compatible with existing and permissible land uses
within the district and the general area in which the proposed use is to be
located, in that the zoning of the site conditionally permits the issuance of an
alcohol license for food service establishments. Other food service
establishments, some of which serve alcoholic beverages, are located on the
Pier and in the vicinity and together constitute an area of regional entertainment
and recreational opportunities. Additionally, the proposed use is compatible in
that the operating hours are consistent with surrounding food service
establishments with alcoholic beverage licenses.
6. There are adequate provisions for water, sanitation, and public utilities and
services to ensure that the proposed use would not be detrimental to public
health and safety, in that the site is located in an urbanized area adequately
served by existing infrastructure.
7. Public access to the proposed use will be adequate, in that parking will be
provided in the Pier deck parking lot and in surrounding beach lots and
adequate pedestrian access is provided from the Pier deck. In addition, an
elevator for compliance with ADA requirements will be installed to allow
adequate access from beach level to the restaurant and will be open to all
disabled visitors to the Pier as well as patrons.
8. The physical location or placement of the use on the site is compatible with and
relates harmoniously to the surrounding neighborhood, in that the proposed
alcohol license will be for a restaurant which is a permitted use in the RVC
zoning district.
9. The proposed service of alcoholic beverages as an accessory to the primary
service of food is consistent with the goals, objectives, and policies of the
General Plan, in that the Land Use Element of the General Plan’s Objective 1.5
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for the Oceanfront Special District encourages visitor-serving uses that do not
impact the existing residential mix and the proposed restaurant anchors the Pier
with a strong visitor-oriented use that does not have negative effects on the
existing residential mix in the district. Furthermore, it is normal and customary
for a restaurant of this type to serve alcoholic beverages with meals.
10. The proposed use would not be detrimental to the public interest, health, safety,
convenience, or general welfare, in that the proposed alcoholic beverage
service would be secondary to the primary service of food. The floor plan
permits only 12 bar seats out of a total of 314 seats and the proposed bar area
is located within the dining area.
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 over-concentration of such uses in the
immediate vicinity, in that the proposed alcohol license will be for a restaurant
and in that the area is on the visitor-serving Santa Monica Pier, which is
frequented by large numbers of local residents as well as office workers,
shoppers, and visitors from outside the City. Furthermore, this type of outlet
has not contributed significantly to alcohol related problems in the area.
ALCOHOL OUTLET
1. The proposed use will not adversely affect the welfare of neighborhood
residents in a significant manner in that the use will be located on the Santa
Monica Pier, away from any major residential uses and is conditioned herein to
mitigate any noise impacts during construction and operation of the restaurant.
Furthermore, parking is available at the Pier and beach lots so that patrons will
not impact parking utilization in the neighborhood.
2. The proposed use will not contribute to an undue concentration of alcohol
outlets in the area in that a restaurant with only a small separate bar area and
no entertainment or other use is not typically considered to contribute to
objectionable problems associated with alcohol outlets, and in that the area is
on the Santa Monica Pier which is frequented by large numbers of local
residents as well as office workers, shoppers, and visitors from outside the area.
Furthermore, this type of outlet has not contributed significantly to alcohol-
related problems in the area.
3. The proposed use will not detrimentally affect nearby neighborhoods
considering the distance of the alcohol outlet to residential buildings, churches,
schools, hospitals, playgrounds, parks, and other existing alcohol outlets in
that the Pier location provides sufficient distance from sensitive residential and
community uses and because conditions for approval, such as restrictions on
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entertainment, will minimize the potential effect on the residential uses in the
vicinity.
4. The proposed use is compatible with existing and potential uses within the
general area in that the restaurant is located on the Santa Monica Pier in the
RVC district, and a restaurant with an alcohol license is compatible with other
permitted uses on the Pier such as Mariasol Restaurant, Rusty’s and Santa
Monica Pier Seafood, all of which have ABC licenses. Furthermore, the
proposed use is compatible with other Pier activities because alcoholic
beverage service will be secondary to food service.
5. Traffic and parking congestion will not result from the proposed use in that
parking for the use is available on the Pier deck lot and adjacent beach lots.
6. The public health, safety, and general welfare are protected in that the project is
consistent with the provisions of the Zoning Ordinance, the Pier Design
Guidelines and the Land Use Element of the General Plan. Furthermore, the
floor plan permits only 12 bar seats out of a total of 314 seats and the proposed
bar area is located within the dining area, ensuring that the service of alcoholic
beverages remains secondary to the primary service of alcoholic beverages.
7. No harm to adjacent properties will result in that the conditions of approval will
ensure that the establishment operates as a restaurant with no live
entertainment.
8. The proposed restaurant with accessory alcoholic beverage service is
consistent with the objectives of the General Plan in that the Land Use Element
of the General Plan designates the area as Oceanfront Special District, which is
“intended to take advantage of the special potential of this prime opportunity
area as a revenue generator, an amenity to Santa Monica residents, and a
producer of entry-level or low-skilled jobs.”
REDUCED PARKING PERMIT
Shared Parking
1. A sufficient number of spaces are provided to meet the greater parking demand
of the participating uses including existing beach and Pier uses and the proposed
restaurant. The parking analysis conducted as part of the project’s Environmental
Impact Report (EIR) found that parking availability exceeds demand with the
exception of four hours without the Pier Ramp or five hours with the Pier Ramp
on the peak day(s) of the year (Sunday of Labor Day Weekend and on the July
th
4 weekend when the holiday falls on a Friday or Monday). This parking
provision meets the greater parking demand of the participating uses because it
meets the daily needs of all uses for most days of the year. Furthermore, City
policy has generally been to plan for the typical needs of a project and not for the
peak day exception.
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2. Satisfactory evidence has been submitted by the parties operating the shared
parking facility, describing the nature of the uses and times when the uses
operate so as to demonstrate the lack of conflict between them in that the City Of
Santa Monica operates all parking lots involved in the parking calculations and a
shared parking analysis was conducted as part of the project’s Environmental
Impact Report (EIR). The parking study indicated that supply exceeded demand
when the project was considered together with existing uses, entitled uses and
the proposed Pier Ramp with the exception of one or possibly two peak days a
year, which satisfies the greater parking demand of these uses.
3. Additional documents, covenants, deed restrictions or other agreements as may
be deemed necessary by the Zoning Administrator are executed to assure that
the required parking spaces provided are maintained and uses with similar hours
and parking requirements as those uses sharing the parking remain for the life of
the building in that the proposed use is on the Pier and served by parking lots
that are all operated by the City of Santa Monica. The City will continue to
operate these lots to serve all beach and Pier uses, as is required by previous
City and Coastal Commission permits as well as lease agreements held between
the City and Pier tenants.
CONDITIONS:
Plans
1. This approval is for those plans dated May 2003, a copy of which shall be
maintained in the files of the City Planning Division. Project development shall
be consistent with such plans, except as otherwise specified in these conditions
of approval.
2. The Plans shall comply with all other provisions of Chapter 1, Article IX of the
Municipal Code, (Zoning Ordinance) and all other pertinent ordinances and
General Plan policies of the City of Santa Monica.
3. 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, an 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.
Landmarks Commission
4. Prior to consideration of the project by the Landmarks Commission, the
applicant shall review disabled access requirements with the Building and
Safety Division and make any necessary changes in the project design to
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achieve compliance with such requirements. The Landmarks Commission, in
its review, shall pay particular attention to the aesthetic, landscaping, and
setback impacts of any ramps or other features necessitated by accessibility
requirements.
5. Plans for final design, landscaping, screening, trash enclosures, and signage
shall be subject to review and approval by the Landmarks Commission.
6. The Landmarks Commission, in its review, shall pay particular attention to the
project's compliance with the Pier Design Guidelines, pedestrian orientation and
amenities; scale and articulation of design elements; exterior colors, textures
and materials; window treatment and glazing. The Landmarks Commission
shall also consider whether the east elevation as proposed is sufficiently
articulated to provide interest, since this is the view that is seen upon approach
to the Pier.
7. Refuse areas, storage areas and mechanical equipment shall be screened in
accordance with SMMC Section 9.04.10.02.130-90.04.10.02.150. Refuse areas
shall be of a size adequate to meet on-site need, including recycling. The
Landmarks Commission in its review shall pay particular attention to the
screening of such areas and equipment. Any rooftop mechanical equipment
shall be minimized in height and area, and shall be located in such a way as to
minimize noise and visual impacts to surrounding properties. Unless otherwise
approved by the Landmarks Commission, rooftop mechanical equipment shall
be located at least five feet from the edge of the roof.
8. Construction period signage shall be subject to the approval of the Landmarks
Commission.
Demolition
9. Until such time as the demolition is undertaken, and unless the structure is
currently in use, the existing structure shall be maintained and secured by
boarding up all openings, erecting a security fence, and removing all debris,
bushes and planting that inhibit the easy surveillance of the property to the
satisfaction of the Building and Safety Officer and the Fire Department. Any
landscaping material remaining shall be watered and maintained until demolition
occurs.
10. Immediately after demolition (and during construction), a construction period
security fence as specified in the Environmental Impact Report shall be erected
maintained around the perimeter of the lease area.
11. Prior to issuance of a demolition permit, applicant shall prepare for Building
Division approval a rodent and pest control plan to ensure that demolition and
construction activities at the site do not create pest control impacts on the
project neighborhood.
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12. No demolition of buildings or structures 40 years of age or older shall be
permitted until the end of a 60-day review period by the Landmarks
Commission.
13. All applicable permits shall be obtained from the California State Department of
Parks and Recreation prior to demolition.
Construction
14. Unless otherwise approved by the Department of Environmental and Public
Works Management, the Pier Deck and all public areas shall be kept clear and
passable during the grading and construction phase of the project.
15. Sidewalks, curbs, gutters, paving and driveways which need replacing or
removal as a result of the project as determined by the Department of
Environmental and Public Works Management shall be reconstructed to the
satisfaction of the Department of Environmental and Public Works
Management. Approval for this work shall be obtained from the Department of
Environmental and Public Works Management prior to issuance of the building
permits.
16. Vehicles hauling dirt or other construction debris from the site shall cover any
open load with a tarpaulin or other secure covering to minimize dust emissions.
Immediately after commencing dirt removal from the site, the general contractor
shall provide the City of Santa Monica with written certification that all trucks
leaving the site are covered in accordance with this condition of approval.
17. A construction period mitigation plan including all mitigation measures identified
in the EIR shall be prepared by the applicant for approval by the Department of
Environmental and Public Works Management prior to issuance of a building
permit. The approved mitigation plan shall be posted on the site for the duration
of the project construction and shall be produced upon request. In addition to
the mitigation measure specifications, as applicable, this plan shall 1) Specify
the names, addresses, telephone numbers and business license numbers of all
contractors and subcontractors as well as the developer and architect; 2)
Describe how demolition of any existing structures is to be accomplished; 3)
Indicate where any cranes are to be located for erection/construction; 4)
Describe how much of the public street, alleyway, or sidewalk is proposed to be
used in conjunction with construction; 5) Set forth the extent and nature of any
pile-driving operations; 6) Describe the length and number of any tiebacks
which must extend under the property of other persons; 7) Specify the nature
and extent of any dewatering and its effect on any adjacent buildings; 8)
Describe anticipated construction-related truck routes, number of truck trips,
hours of hauling and parking location; 9) Specify the nature and extent of any
helicopter hauling; 10) State whether any construction activity beyond normally
permitted hours is proposed; 11) Describe any proposed construction noise
mitigation measures; 12) Describe construction-period security measures
including any fencing, lighting, and security personnel; 13)Provide a drainage
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plan; 14) Provide a construction-period parking plan which shall minimize use
of public streets for parking; 15) List a designated on-site construction
manager.
18. A sign shall be posted on the property in a manner consistent with the public
hearing sign requirements which shall identify the address and phone number of
the owner and/or applicant for the purposes of responding to questions and
complaints during the construction period. Said sign shall also indicate the
hours of permissible construction work.
19. A copy of these conditions shall be posted in an easily visible and accessible
location at all times during construction at the project site. The pages shall be
laminated or otherwise protected to ensure durability of the copy.
Environmental Mitigation
20. 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.)
21. Parking areas and structures and other facilities generating wastewater with
significant oil and grease content are required to pre-treat 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.
22. 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.
23. The restaurant has more than 50 seats and is therefore required to install an
interceptor with 1000 gallons minimum holding capacity. The Environmental
and Public Works Management Department may modify the above
requirements only for good cause. Specifically, the facility must demonstrate to
the satisfaction of the Industrial Waste Section and Building and Safety Division
that interceptor installation is not feasible at the site in question. In such cases
where modifications are granted, grease traps will be required in the place of an
interceptor. Building permit plans shall show the required installation.
21
Miscellaneous
24. The building address shall be painted on the roof of the building and shall
measure four feet by eight feet (32 square feet).
Validity of Permits
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 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 18 monthsfrom the permit’s effective date. Exercise of
rights shall mean issuance of a building permit to commence construction.
However, the permit shall also expire if the building permit expires, if final
inspection is not completed or a Certificate of Occupancy is not issued within
the time period specified in SMMC Section 8.08.060, or if the rights granted are
not exercised within one year following the earliest to occur of the following:
issuance of a Certificate of Occupancy or, if no certificate of Occupancy is
required, the last required final inspection for the new construction. 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 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.
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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 12:00 AM and 7:00 am, Monday through Friday, and
between 12:00 AM and 9:00 AM, Saturday and Sunday. Trash containers shall
be secured with locks. All deliveries shall take place in accordance with the
rules governing deliveries on the Pier.
31. Pursuant to Municipal Code Section 9.04.10.02.420, a sign shall be posted
stating that the establishment is limited to 314 seats. The sign shall be a
minimum of twelve inches by eighteen inches, and shall be posted by the
restaurant entrance or other such location as required by the Zoning
Administrator.
32. 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.
33. 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.
34. Applicant is advised that this project is located in the California Coastal Zone
and requires approval of the California Coastal Commission prior to issuance of
any building permits by the City of Santa Monica. Applicant is responsible for
obtaining any such permits.
ALCOHOL OUTLET CONDITIONS
35. Customers shall be permitted to order meals at the bar at all times the bar or
restaurant is open for business.
36. Window or other signage visible from the public right-of-way that advertises
beer or alcohol shall not be permitted.
37. 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.
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38. The establishment shall maintain a kitchen or food-serving area in which a
variety of food is prepared and cooked on the premises.
39. The establishment shall serve food to patrons during all hours the establishment
is open for customers.
40. Seating arrangements for sit-down patrons shall not exceed 314 seats. Bar
area seating shall not exceed 12 seats; restaurant seating shall not exceed 302
seats (186 outdoors, 116 indoors).
41. Take out service shall be only incidental to the primary sit-down use.
42. No alcoholic beverage shall be sold for consumption beyond the premises.
43. No dancing or live entertainment beyond that allowed in the restaurant definition
contained in the Zoning Ordinance shall be permitted on the premises.
44. The primary use of the outdoor dining area shall be for seated meals service.
Patrons who are standing in the outdoor seating area shall not be served.
45. The permitted hours of alcoholic beverage service shall be 9:00 a.m. to 12:00
midnight Sunday through Thursday, and 9:00 a.m. to 1:00 a.m. Friday and
Saturday with complete closure and all employees vacated from the building by
1:00 pm Sunday through Thursday, and 2:00 am Friday and Saturday. The
restaurant shall not serve alcoholic beverages in the bar area after midnight but
may continue to sell alcoholic beverages in the dining area along with meal
service.
46. Prior to issuance of a Certificate of Occupancy, 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.
47. Prior to issuance of a Certificate of Occupancy, 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 Citywide alcohol awareness training
program condition affecting similar establishments.
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48. Prior to issuance of a Certificate of Occupancy, 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.
49. Except for special events, alcohol shall not be served in any disposable
container such as disposable plastic or paper cups.
50. Any minimum purchase requirement may be satisfied by the purchase of
beverages or food.
51. No video or other amusement games shall be permitted on the premises.
52. 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.
53. The project shall at all times comply with the provisions of the Noise Ordinance
(SMMC Chapter 4.12).
54. 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.
55. Applicant is on notice that all temporary signage is subject to the restrictions of
the City sign ordinance.
56. Prior to issuance of a Certificate of Occupancy Permit, the applicant shall post a
notice at the building entry stating that the site is regulated by a Conditional Use
Permit and Development Review Permitand that the Statement of Official
Action, which includes the establishment’s conditions of approval, is available
upon request. This notice shall remain posted at all time the establishment is in
operation.
Miscellaneous Conditions
57. The project shall comply with the following mitigation measures identified in the
project Environmental Impact Report (EIR):
(a) A temporary sound barrier shall be erected along the project site boundary, such
that the “line of sight” between construction activity and the commercial/
pedestrian uses on the Santa Monica Pier and beachgoers is obstructed to the
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degree feasible. The height of this sound barrier shall be ten feet along the
southern and western boundaries, where the wall shall step down from the Pier
deck to the first level immediately adjacent to the access stairs, and shall be
eight feet along the eastern and northern boundaries. In addition, this sound
barrier shall be comprised of, or lined with, acoustical sound absorption blankets
with a sound transmission class (STC) rating of 25 or more, while maintaining
consistency with the conditions (i.e., portals for public viewing and design)
included in Mitigation Measure 3.4-2.
(b) A construction mitigation plan shall be submitted to the City to minimize
interruption of beach activities, including the use of the bicycle path, emergency
access, and public access to the beach and the Pier. Details of this plan shall be
approved by the City’s Open Space Management Division, Transportation
Management Division, Environmental and Public Works Management Division,
Planning Division and Economic Development Division and shall at a minimum
include the following:
?
A solid construction fence shall be erected around the project site along the
lease lines and staging areas and including up to 1/3 of the width of the
steps located immediately west of the project site, which may be included in
the construction site. The other 2/3 of the width of the steps shall remain
open and unobstructed for public use at all times. Such fence shall include
portals for viewing at eye level and shall be decorated with a beach, ocean
or amusement park theme on all sides. All decoration shall be approved by
the Pier Restoration Corporation. This wall shall serve as both a temporary
screening device to reduce the visual distraction associated with
construction activities and equipment and as a barrier for public safety and
security purposes.
?
All work shall be staged from the beach level and not the Pier deck.
Equipment shall not be brought onto the Pier deck at any time. The City
Environmental and Public Works Management Division may allow the
contractor to work outside of the southern construction fence boundary on
or below the Pier deck if such activity is deemed necessary to complete
work to improve/repair the Pier sub-structure. The project contractor shall be
thoroughly informed of the weight and time limits on the Pier deck and that
all off-loading of construction materials be done from the 1550 PCH parking
lot to minimize disruption of regular Pier activities (i.e., pedestrian access,
vehicular circulation, operation of commercial uses on the Pier).
?
The staging area shall be located on the beach to the north of the site. No
construction materials or equipment may be placed directly on the sand.
The applicant may use the existing wood deck on the beach. If this area is
insufficient to accommodate all materials, the applicant shall be required to
install additional wood deck area on the sand. Prior to issuance of a
Certificate of Occupancy, all preexisting deck materials shall be replaced so
that the deck and pedestrian path are restored at the same location and in
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the same condition as they were prior to the demolition of the Boathouse
building.
?
A temporary pedestrian path shall be constructed north of the staging area
to connect the parking lot, beach and steps west of the site leading to the
Pier deck with the approval of the Open Space Management Division and
relevant State department(s). This path shall be removed when the existing
pedestrian path is replaced prior to issuance of a Certificate of Occupancy.
?
Fire lanes to the east of the site shall not be blocked by construction
equipment at any time. Construction equipment shall not be permitted to be
parked on the beach parking lots at any time.
?
The Santa Monica Pier sign located north of the project site over the
pedestrian walk shall be temporarily removed, stored for protection, and
replaced prior to issuance of a Certificate of Occupancy.
?
Signage for public convenience shall be posted as deemed necessary by
the City.
?
Equipment shall not be allowed to be moved across the bike path after 9:00
A.M. Monday through Saturday.
?
All required permits shall be obtained from Los Angeles County authorities
prior to any interruption to the bike path.
?
Movement of equipment across the bike path may require intermittent traffic
control at the applicant's expense, subject to determination by the City’s
Police Department.
(c) Consistent with the Secretary of the Interior’s Standards, the proposed project
development on and adjacent to the Santa Monica Pier shall be differentiated
from the old and shall be compatible with the historic materials, size, scale,
proportions, massing, context, design, color, and texture of the property and its
environment. In addition, the Boathouse building’s original orientation in
relationship with the Santa Monica Pier, that is south (front) – north (rear)
direction, shall be retained, as would be the Boathouse building’s basic footprint.
58. If any archaeological remains are uncovered during excavation or construction,
work in the affected area shall be suspended and a recognized specialist shall
be contacted to conduct a survey of the affected area at project's owner's
expense. A determination shall then be made by the Director of Planning to
determine the significance of the survey findings and appropriate actions and
requirements, if any, to address such findings.
59. Mechanical equipment may be located on the rooftop only when it is installed
within a sound-rated parapet enclosure.
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60. 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.
61. 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.
62. The doors to the retail area on the east elevation of the structure shall be kept
open during all hours of the restaurant’s operation to allow direct access from
the Pier.
63. Prior to issuance of Building Permits, the project plans shall be amended
consistent with the applicant’s proposal to reflect that the disabled elevator is
available for public access during all hours of the restaurant’s operation.
Monitoring of Conditions
64. Pursuant to the requirements of Public Resources Code Section 21081.6, the
City Planning Division will coordinate a monitoring and reporting program
regarding any required changes to the project made in conjunction with project
approval and any conditions of approval, including those conditions intended to
mitigate or avoid significant effects on the environment. This program shall
include, but is not limited to, ensuring that the Planning Division itself and other
City divisions and departments such as the Building Division, the Environmental
and Public Works Management Department, the Fire Department, the Police
Department, the Community and Economic Development Department and the
Finance Department are aware of project requirements which must be satisfied
prior to issuance of a Building Permit, Certificate of Occupancy, or other permit,
and that other responsible agencies are also informed of conditions relating to
their responsibilities. Project owner shall demonstrate compliance with con-
ditions of approval in a written report submitted to the Planning Director and
Building Officer prior to issuance of a Building Permit or Certificate of
Occupancy, and, as applicable, provide periodic reports regarding compliance
with such conditions.
Prepared by: Suzanne Frick, Director
Jay M. Trevino, AICP, Planning Manager
Amanda Schachter, Principal Planner
Kimberly Christensen, AICP, Senior Planner
Elizabeth Bar-El, AICP, Associate Planner
City Planning Division
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Planning and Community Development Department
ATTACHMENTS
A. Public Notice
B. Appeal Statement, Supplemental Letter from Appellant dated July 24, 2003 and
Construction Staging Plan from Appellant dated July 16, 2003
C. PCR Memo, dated August 7, 2003
D. Planning Commission staff report dated June 18, 2003, with all attachments
E. Resolution Certifying Environmental Impact Report
F. Resolution Adopting Statement of Overriding Considerations
G. Final Environmental Impact Report
H. Project Plans
29
ATTACHMENT A
PUBLIC NOTICE
30
NOTICE OF A PUBLIC HEARING
BEFORE THE SANTA MONICA CITY COUNCIL
SUBJECT: Appeal 03-012
301 Santa Monica Pier
APPLICANT: Bubba Gump Shrimp Company
PROPERTY OWNER: City of Santa Monica
A public hearing will be held by the City Council to consider the following request:
Appeal of the Planning Commission’s approval of Development Review Permit 02-008,
Conditional Use Permit 02-011, Reduced Parking Permit 02-001, and adoption of
Environmental Impact Report 03EIR-002 with Statement of Overriding Considerations.
The project would allow the demolition of a two-story restaurant structure located on the
Santa Monica Pier, a designated City Landmark, and the construction of an 8,955
square-foot Bubba Gump Shrimp Company Restaurant.
An Environmental Impact Report (EIR) was prepared for the project pursuant to the
California Environmental Quality Act. The EIR examined impacts of the proposed
project on the City's environment. The EIR identified significant and unavoidable traffic
impacts. The Draft Environmental Impact Report (DEIR) prepared for the proposed
project is available on the City’s web site: http://pen.ci.santa-
monica.ca.us/planning/planningcomm/environmentalreports.html. Approval of the
project will require adoption of a Statement of Overriding Considerations because the
EIR found that the project, when cumulatively considered with the proposed Pier Ramp
Project, would have an impact on the intersection of Ocean and Colorado Avenues for
which no feasible mitigation measure can be identified. The Final EIR, which consists of
the Draft EIR and the responses to comments received during the comment period on
the DEIR, is available at the Main Library Reference Section, at the Office of the City
Clerk and at the City Planning Division Public Counter, Room 111 in City Hall.
DATE/TIME: TUESDAY, September 9, 2003, AT 6:45 p.m.
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: 03APP-012
1685 Main Street, Room 102
Santa Monica, CA 90401
MORE INFORMATION
31
If you want more information about this project or wish to review the project file, please
contact Elizabeth Bar-El at (310) 458-8341, or by e-mail at elizabeth-bar-el@santa-
monica.org. 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.
APPROVED AS TO FORM:
___________________________
JAY M. TREVINO, AICP
Planning Manager
f:\plan\share\cc\notices\03APP-012CCNotice.doc
32
ATTACHMENT B
APPEAL STATEMENT,
SUPPLEMENTAL LETTER FROM APPELLANT DATED JULY 24, 2003 AND
CONSTRUCTION STAGING PLAN FROM APPELLANT DATED JULY 16, 2003
Electronic version of attachment is not available for review. Document is available for
review at the City Clerk’s Office.
33
ATTACHMENT C
PCR MEMO DATED AUGUST 7, 2003
Electronic version of attachment is not available for review. Document is available for
review at the City Clerk’s Office.
34
ATTACHMENT D
PLANNING COMMISSION STAFF REPORT DATED JUNE 18, 2003,
WITH ALL ATTACHMENTS
35
CP:JT:AS:KC:LBE:
F:\PLAN\SHARE\PC\STRPT\02\02DR-008 BG.doc
Planning Commission Mtg: June 18, 2003 Santa Monica, California
TO: The Honorable Planning Commission
FROM: Planning Staff
SUBJECT: Development Review Permit 02-008, Conditional Use Permit 02-011,
Reduced Parking Permit 02-001, and Environmental Impact Report
03EIR-002 with Statement of Overriding Considerations
Address: 301 Santa Monica Pier
Applicant: Bubba Gump Shrimp Company
INTRODUCTION
Action: Application for a Development Review Permit and Conditional Use Permit to
allow demolition of the Boathouse Restaurant structure and construction of a new 8,955
square foot restaurant on the Santa Monica Pier with alcoholic beverage service and
retail space. A Reduced Parking Permit would allow the use of shared parking to meet
the parking requirement of 82 spaces.
Recommendation: Staff recommends that the Planning Commission take the following
actions:
1. Adopt a resolution certifying the Environmental Impact Report; and
2. Adopt a Resolution adopting a Statement of Overriding Considerations and
Mitigation Monitoring Plan;
3. Approve Development Review Permit 02-008, Conditional Use Permit 02-011
and Reduced Parking Permit 02-001 with conditions.
Certification of Environmental Impact Report Deadline: July 11, 2003
Permit Streamlining Expiration Date: 180 days from certification of the Environmental
Impact Report, pursuant to Government Code Section 65950.
SITE LOCATION AND DESCRIPTION
The subject site is located on the Santa Monica Pier, with main entrance on the north
side of the Pier. To the west is a staircase from the beach to the Pier. Across the Pier
to the south is a plaza area and Santa Monica Police sub-station, with the National
Historic Landmark Looff Hippodrome (Carousel) building to the east. There are no
developments directly east of the structure, which is visible from the entrance to the
Pier. Further along the Pier to the west are a number of food service, retail and
recreational uses, including Pacific Park, an amusement park, Mariasol Restaurant, and
a fishing pier and harbor office at the western end of the Pier.
Zoning District: Residential-Visitor-Commercial (RVC) Zoning District
36
Land Use District: Oceanfront Special District
Parcel Area: 4,534 square feet of lease area on the Santa Monica Pier
PROJECT DESCRIPTION
The proposed project is the demolition of an existing 6,859-square foot, two-story
restaurant structure located on the Santa Monica Pier, a designated City Landmark, and
the construction of an 8,955 square-foot restaurant with two levels of outdoor dining
decks, Pier level retail space, and alcoholic beverage service. The proposed structure
would consist of three levels and would have a total building height of 40.9 feet from the
first level to the top of the parapet and 27.8 feet in height as measured from the Pier
deck to the top of the parapet. The restaurant would include 2,019 square feet of indoor
service and seating, 386 square feet of bar area, 2,511 square feet of outdoor dining
patios on the beach and pier levels, a 415 square-foot retail area opening onto the Pier,
and 3,624 square feet of support area including kitchen and storage on the ground floor,
service area on the main floor and storage space and offices on a mezzanine level.
A Development Review Permit is required because the project exceeds the 7,500
square foot threshold for the RVC Zone set forth in Interim Ordinance 1999. A
Conditional Use Permit is required because alcoholic beverage service is proposed. A
Reduced Parking Permit is proposed to allow the restaurant to utilize existing Pier and
beach parking lots.
The applicant proposes to operate the restaurant during the following hours: Sunday
from 8:00 a.m. to 10:00 p.m.; Monday-Thursday from 11:00 a.m. to 10:00 p.m., Friday
from 11:00 a.m. to 12:00 midnight; Saturday from 8:00 a.m. to 12:00 a.m. The bar
would be in operation Sunday-Thursday from 11:00 a.m. to 11:00 p.m. and Friday-
Saturday from 11:00 a.m. to 1:00 a.m. The retail portion of the premises is proposed to
be open from 10:00 a.m. to 10:00 p.m. daily.
MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE
The proposed project is consistent with the Municipal Code and in conformity with the
General Plan as shown in Attachment A, with the exception of compliance with parking
requirements. A Reduced Parking Permit is, therefore, requested.
HISTORIC RESOURCES INVENTORY STATUS
The Santa Monica Pier is a designated City Landmark. The proposed demolition of the
Boathouse Restaurant structure was identified in the Initial Study as having a potentially
significant impact and was analyzed in depth in the Environmental Impact Report. The
analysis found that the Boathouse Restaurant structure has been continuously modified
over time and that the building itself is not a character-defining feature of the Santa
Monica Pier. However, the siting and location of a business that anchors the Pier does
contribute to the Pier’s overall historic character. Therefore, a mitigation measure
(Mitigation Measure 3.2-1) for the proposed structure was identified to require the
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project’s massing and orientation to be similar to the demolished building. The
Landmarks Commission will also review the project’s design for compliance with
Landmarks Ordinance criteria through consideration of a Certificate of Appropriateness.
RENT CONTROL STATUS
The site contains a commercial structure and is exempt from Rent Control.
FEES
The project is not subject to any special City Planning related fees.
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 8
weeks 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. A copy of the site-posting photograph is contained in
Attachment B. 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 mailed to all owners and residential and commercial tenants of property
located within a 500 foot radius of the Santa Monica Pier and published in the
“California” Section of The Los Angeles Times at least ten consecutive calendar days
prior to the hearing. A copy of the notice is contained in Attachment C.
On March 26, 2003, the applicant was notified by phone and in writing of the subject
hearing date.
As of the writing of this report, the applicants informed staff that they have scheduled a
neighborhood meeting to take place on June 10, 2003.
ANALYSIS
Background
The Boathouse Restaurant, the only structure located on the north side of the Santa
Monica Pier, closed in March 2002 and the structure is currently vacant. The applicant,
Bubba Gump Shrimp Company, has signed a lease with the City of Santa Monica to
construct and operate a new family-style restaurant in place of the Boathouse
Restaurant, to be known as Bubba Gump Shrimp Company. Bubba Gump Shrimp
Company has opened several restaurants in recent years, in locations such as
Monterey, Maui, New Orleans, Chicago, and New York City. The company sought the
38
Santa Monica Pier location due to its thematic connection with the concept of the Bubba
Gump chain. The proposed 8,955 square-foot restaurant is larger than the existing two-
story Boathouse Restaurant structure, which is 6,859 square feet including outdoor
seating areas. The proposed structure would include two stories of customer area and
a third story containing office and storage areas. Glass-enclosed outdoor seating areas
would be located at the Pier level and at the lower level and a small retail store is
proposed on the front façade on the Pier deck.
Project Design
The proposed structure would consist of three levels, with a total building height of 40.9
feet from the first level to the top of the parapet and 27.8 feet in height as measured
from the Pier deck to the top of the parapet.
The project would include 314 seats, with dining tables including 186 seats outdoors
and 128 seats indoors, of which 12 are bar seats. The bar would be located at the Pier
deck level within the restaurant seating area. Both indoor and outdoor seating would be
located on the first level and on the Pier deck level. Seating would occupy
approximately 2,511 square feet outdoors and approximately 2,019 square feet indoors
with the bar occupying 386 square feet of floor area. In addition, an approximately 415-
square foot retail area would be located on and directly accessible from the Pier deck
level. Support space would be on the first level (approximately 2,235 square feet) and
on the Pier deck level (approximately 416 square feet). Approximately 345 square feet
of office space and 628 square feet of storage area would be provided on the third level.
The project would result in a net increase of 2,096 square feet of space over the
existing structure. The proposed project would include an elevator to provide
handicapped access from the first level to the third level in compliance with the ADA
accessibility guidelines.
Subsequent to the circulation of the EIR, the applicant amended the proposed plans
with a few changes in design details (see Attachment F). These include introducing a
corrugated metal awning over the upper outdoor dining area. While the windows on the
northern and eastern facades remain as fixed picture windows, the western façade is
now proposed with two bands of casement windows, providing airflow as well as a view
of the ocean from both restaurant levels. The exterior materials of the structure are still
proposed to include corrugated metal panels, horizontal lap sidings, painted metal
veneer, ornamental lamps and flags and blue canvas awnings. The northern and
southern façades, facing the beach and the Pier deck, respectively, include parapets
lined with ornamental hanging lamps. The proposed changes do not necessitate
recirculation of the EIR because the awnings and other design changes could not result
in a substantial adverse environmental effect and therefore do not constitute a
significant change to the EIR as defined in Section 15088.5 of CEQA.
Development Review/Neighborhood Compatibility
39
The Land Use Element objective for the Oceanfront District (Objective 1.5) is to “expand
visitor accommodations and related uses in the Oceanfront area, while protecting the
existing residential mix.” The proposed restaurant would anchor the entrance to the
Pier with a strong visitor-oriented use. The proposed use would not affect the existing
residential mix because it is located within the visitor-commercial portion of the RVC
zone, far enough away to avoid light, noise and glare impacts. Furthermore, customers
leaving the Pier and beach parking lots would exit directly onto major thoroughfares
(Ocean Avenue or PCH) and not onto smaller residential streets. The proposal is thus
consistent with this objective.
The proposed building would be the only structure on the north side of the Pier. The
partial floor with storage and office area would result in a taller structure than currently
exists on the site. However, it is still low-scale and below the maximum height limit of
30 feet from the Pier deck level. From the Pier deck and south viewpoints of the Pier, it
appears to be a two-story building. This is compatible in scale with surrounding
structures on the Pier’s southern side, which are one or two stories in height from the
Pier deck. The architect has designed the building to be viewed from 360 degrees, with
each façade treated as significant because the building is visible from many vantage
points that are considered to be significant view sheds.
The Santa Monica Pier is developed with a strong pedestrian orientation. Uses
developed along the Pier’s main walkway such as the proposed restaurant should add
interest and variety to the visitor’s experience. The proposed front elevation includes
three sets of Pier level French doors that open into a retail area, which establishes a
40
connection with Pier visitors that are not restaurant customers. Condition #61 has been
proposed to require that these doors be kept open during all hours of the restaurant’s
operation to ensure continuity of this pedestrian orientation. The proposal also includes
two decks of outdoor seating, providing opportunities for watching activities and people
on the Pier as well as providing a connection with the surrounding coastal area.
The proposed project also complies with the development policies of the City’s Local
Coastal Plan, which encourages visitor serving uses such as restaurants. As the
building is within the footprint of the existing structure, it does not encroach into any
public use areas.
As conditioned and with incorporation of the mitigation measures provided in the EIR,
staff believes that this project is compatible with the neighborhood and meets the
Development Review Permit findings. Since it is located on the Pier, it is not adjacent to
residences and as such does not impact residential neighborhoods in terms of noise,
light and glare. Patrons parked nearby would exit either to Ocean Avenue or PCH,
avoiding nuisance to nearby residential clusters. A full-service restaurant use with
accessory alcoholic beverage service is compatible with other Pier activities and will
add vitality to the Pier, consistent with the General Plan’s goals for the Santa Monica
Pier and Oceanfront Special District.
Reduced Parking Permit
The parking requirements for the Bubba Gump Shrimp Co. Restaurant, and for the
Boathouse Restaurant for purposes of comparison, are given in the table below.
41
Because the project involves demolition and new construction, the Zoning Ordinance
requires provision of parking for the entire new structure (82 parking spaces), although
the next difference between the requirements for the existing and new structures is 5
parking spaces. The Santa Monica Pier contains a City-operated parking lot with 284
parking spaces, which are not sufficient to comply with the Code parking requirement
for both existing uses and additional uses such as the proposed restaurant. For this
reason, a Reduced Parking Permit has been requested for shared use of the Pier deck
and beach parking lots to meet the parking needs of the project.
.
Proposed Bubba Gump Square Feet of Floor Parking Requirement Spaces
Restaurant Area Per Zoning Code
Outdoor Seating Area 2,511 1 space / 75 s.f 33.48
Indoor Seating Area 2,019 1 space / 75 s.f 26.92
Separate Bar Area 386 1 space / 50 s.f 7.72
Support Area 3,623 1 space / 300 s.f 12.08
Retail Area 415 1space / 300 s.f 1.38
Total 8,954 81.58 82
b
Former Boathouse Restaurant
Seating Area 4,846 1 space / 75 s.f 64.61
Separate Bar Area 7.08 354 1 space / 50 s.f
Support Area 1,6591 space / 300 s.f5.53
Total or 6,859 77.22 77
b
Parking ratios are from SMMC Section 9.04.10.08.040 (Number of parking spaces required).
a
Required parking spaces are rounded.
b
In addition to the Pier deck parking lot, the beach parking lots immediately north of the
Pier (the 1440 PCH and 1550 PCH lots) and the 1640 Appian Way parking lot next to
“Hot Dog on a Stick” contain 1,219 spaces, for a total of 1,503 spaces in the immediate
vicinity of the Pier. Previous analyses conducted for Pacific Park and Club Route 66
included these lots in the parking calculations for the Pier and adjacent beaches.
42
The EIR analyzed the parking needs of the project from two perspectives. The primary
analysis involved use of existing data and expected project needs to determine whether
the parking in the lots meets the needs of all existing uses, pending entitlements (Club
Route 66) and the proposed project. The analysis found that only on the busiest days
thth
of the year (Sunday of Labor Day weekend and July 4 weekend, should July 4 fall on
a weekend) would parking demand exceed supply for a 5-hour time period between
3:00 p.m. and 8:00 p.m. It was further concluded that this represents an insignificant
level of impact, because parking supply is generally planned to satisfy the typical daily
or weekly peak times and cannot be expected to oversupply to meet the excess
demand on one or two days annually.
The second component of the analysis considered the project’s impact on the parking
supply from the perspective of consistency with the Coastal Commission’s mandate to
assure coastal access for all users of the Santa Monica beach and Pier. Following the
1983 storm that destroyed a large part of the Santa Monica Pier, the Pier was restored
and has gradually been developed with new uses, primarily Pacific Park. While some of
the 471 Pier deck parking spaces were replaced, the Coastal Commission required that
the City make up the deficit through re-striping the beach lots to increase their overall
parking capacity. Currently the Pier deck provides 284 parking spaces. In addition, the
City and Commission agreed that the City would create additional parking spaces to
enable development on the Pier beyond the level existing prior to the storm. The 1992
permits for Pacific Park and Club Route 66 specified that 1,583 parking spaces would
be provided in the lots, 32 spaces more than the need calculated by the Coastal
Commission. Prior to issuance of Pacific Park’s Certificate of Occupancy in 1996, 1,583
parking spaces were striped in these lots.
In the intervening years, the Transportation Management Division (TMD) re-striped the
Pier and beach parking lots in order to improve circulation and to widen parking spaces
to accommodate large vehicles that otherwise used two parking spaces. Parking
spaces for the disabled were also added for compliance with updated ADA standards.
The Appian Way parking lot was redesigned to accommodate self-service payment and
to improve circulation. Altogether, the result of the improved circulation and re-striping
resulted in today’s supply of 1,503 spaces.
Studies conducted by the Transportation Management Division show that utilization of
the central beach lots has decreased since the Pacific Park analysis prepared in the
early 1990s. This may be due to several factors, including City efforts to encourage
more dispersed parking utilization along the Santa Monica coast, a popular area for
43
regional recreation. The City operates several beach lots to the south of the Pier with
lower weekend fees than the central/Pier lots and free shuttle buses. Additional parking
is also available in north beach lots and in downtown lots from which the Tide Shuttle
brings visitors to the Pier and points further south. These factors help to explain why
the City’s current analysis found that the number of parking spaces now provided on the
Pier and in the immediate vicinity meets the needs of all uses including the proposed
project despite the decrease in overall capacity.
Based on the parking utilization analysis, staff believes that a Reduced Parking Permit
for shared parking may be approved because satisfactory evidence has been presented
that sufficient parking is provided for typical daily use, including peak hours on most
weekends. Furthermore, the continued use of the lots for the shared use of participating
businesses is assured because the parking lots are run by the City Of Santa Monica in
compliance with City regulations.
Conditional Use Permit/Alcohol Analysis
Bubba Gump Shrimp Company would replace a restaurant that was in operation until
March 2002. As such, it would not be a new use on the Pier. The proposed restaurant
is somewhat different in character from the Boathouse, with a more diverse menu. The
floor area devoted to kitchen and support area is more than double that of the
Boathouse, while the dining area is slightly less. The bar is similar in size to the
Boathouse (32 square feet larger). A customer waiting area is provided inside the
restaurant by the entry from the Pier deck.
A Type 47 license is requested to allow alcoholic beverage service as an accessory to
the primary service of food. The restaurant floor plan places the bar in the center of the
dining area, open and visible to the primary food service area. The bar contains only 12
seats and occupies a small portion of the space relative to the table service area. The
kitchen and support areas for food preparation occupy a large proportion of the lower
floor. This layout is consistent with the applicant’s description of the restaurant as an
establishment that emphasizes full meal service over consumption of alcoholic
beverages. The proposed menu, developed for other Bubba Gump Shrimp Co.
44
locations and included as Attachment J, also shows a strong orientation towards food
specialties.
The applicant’s lease agreement, reflecting the applicant’s requested hours of service,
provides for bar service to be extended one hour longer than the food service hours.
However, as this use is being considered accessory to the primary service of food, staff
recommends limiting alcoholic beverage service at the bar to midnight, while allowing
alcoholic beverage service together with food service until 1:00 a.m. on weekends. (see
Condition #44). This recommendation is consistent with the hours permitted at Mariasol,
401 Santa Monica Pier, which received a CUP in 1999 and for which construction of a
second floor dining area is nearly complete.
In the vicinity of the Santa Monica Pier, including the Pier itself, there are 13 alcohol
licenses, excluding the proposed project. The list below includes the 1500 and 1600
blocks of Ocean Avenue, slightly more than the 500’ radius. The establishments are
located on the Pier, Ocean Front Walk and Ocean Avenue, with one hotel (Holiday Inn)
located on Colorado Avenue.
Type-47 (On-Sale General for Public Eating Place)
ESTABLISHMENT ADDRESS SEATS CUP (Y/N)?
Operating Hours
Holiday Inn 120 Colorado Ave. 72 N
I Cugini Trattoria 1501 Ocean Avenue 167 N 11:30 AM-10:30
PM Monday-
Sunday
(Vacant) 1535 Ocean Avenue 85 Y (N/A – Vacant)
Ivy at the Shore 1541 Ocean Avenue 168 N 11:30 AM-11:00
PM Sunday-
Thursday; 11:00
AM-11:30 PM
Friday-Saturday
Il Fornaio 1551 Ocean Avenue 233 N 10:30 AM-10:00
PM Sunday-
Thursday; 10:30
AM-11:00 PM
Friday-Saturday
The Lobster 1602 Ocean Avenue 144 Y 10:00 AM –
11:00 PM
Sunday-
45
Thursday; 10:00
AM-1:00 AM
Friday-Saturday
Chez Jay 1657 Ocean Avenue 52 N 12:00 PM –
2:00 AM Monday-
Friday; 9:00 AM –
2:00 AM
Saturday-Sunday
Rusty’s 256 Santa Monica Pier 152 N12 PM – 1 AM
Mariasol 401 Santa Monica Pier 318 Y 9 AM-12 AM
Monday-Friday;
9:00 AM –1:00
AM Saturday-
Sunday
Type-41 (On-Sale Beer and Wine for Public Eating Place)
ESTABLISHMENT ADDRESS SEATS CUP (Y/N)?
OperatingHours
Big Dean’s 1615 Ocean Front 93 N 10 am – 10 pm
Walk
Santa Monica Pier 258 Santa Monica Pier 207 N 11 am – 8 pm
Seafood
Type 21 (Off-Sale General)
ESTABLISHMENT ADDRESS SEATS
1646 Ocean Avenue Not applicable
1650 Ocean Avenue Not Applicable
Total # of Seats in establishments in near vicinity: 1,691 Known seats
In addition to these, the Ash Grove and Carousel buildings are rented out for private
parties. These locations do not carry alcoholic beverage licenses, but alcoholic
beverage service is permitted when served by a licensed caterer.
Based on the floor plan, including a sizeable kitchen area and small number of bar
seats relative to the table seating provided both indoors and outdoors, staff concludes
that alcoholic beverage service is an ancillary use, secondary to the primary food
service use for the restaurant. As such, it is a compatible use for the Santa Monica
Pier. The immediately surrounding area has a number of other establishments with
licenses to serve alcoholic beverages, and these uses, listed above, are not generally
problematic. Thus, the proposed restaurant does not contribute to an undue
concentration of alcohol outlets that would be detrimental to the welfare of surrounding
residents. This project also meets the finding regarding provision of adequate access
46
as it includes an elevator from the beach to the Pier deck, which will not only provide
access to the restaurant but will benefit other disabled users of the beach and Pier to
whom it will be open.
Code Enforcement
There are no current Code violations at the site. The Boathouse Restaurant has been
boarded up and maintained by the City (landlord) pending reentry into the site by the
applicant.
CEQA ANALYSIS
An Environmental Impact Report (EIR) has been prepared for this project in accordance
with Section 15087 of the CEQA Guidelines. A Notice of Preparation (NOP) was filed
with the California Office of Planning and Research and distributed to involved public
agencies and interested parties for a 30-day public review period which began August
15, 2002, and concluded on September 16, 2002.
Copies of the Draft EIR were made available on April 4, 2003 for a public review period,
which closed on May 19, 2003. Two comments were received, from the applicant and
from the California Department of Transportation. Response to those comments has
been incorporated into the Final EIR.
This EIR addresses the potential environmental effects of the proposed project. The
scope of the EIR includes environmental issues determined to be potentially significant
by the Initial Study and Neighborhood Impact Statement, Notice of Preparation, and
responses to the NOP.
In accordance with Section 15128: (Effects Not Found to be Significant) of the CEQA
Guidelines, the IS/NOP provided reasons why the following environmental impacts were
not considered significant and, therefore, are not addressed further in this EIR:
Geology and Soils Shadows
Utilities/Service Systems Hazards and Hazardous Materials
Air Quality Biological Resources
Mineral Resources Hydrology and Water Quality
Public Services (schools and parks) Economic and Social Impacts
Land Use and Planning Population and Housing
Recreation Agricultural Resources
Noise
47
The IS/NOP identified potentially significant impacts on the following issue areas
associated with the construction and/or operation of the proposed project, which are
addressed in detail in the EIR:
Construction Effects Cultural Resources
Transportation/Circulation and Parking Aesthetics
Mandatory Findings of Significance (Cumulative Effects)
Neighborhood Effects
The EIR analyzed the issues referenced above and identified potentially significant
environmental impacts, including site-specific and cumulative effects of the project in
accordance with the provisions set forth in the CEQA Guidelines. The EIR recommends
feasible mitigation measures, where possible. To be feasible, the mitigation measure
must eliminate or reduce the adverse effect so that its impact would be considered less
than significant pursuant to City and CEQA significance criteria. Significant impacts that
can be mitigated were found in the areas of Construction Effects, Cultural Resources,
Aesthetics and Neighborhood Effects (except with cumulative effects). The
recommended mitigation measures will reduce those impacts to less than significant
levels. A chart summarizing these impacts and listing the recommended mitigation
measures is provided in Table ES-1, in the Executive Summary section of the EIR.
When the proposed project is considered together with cumulative projects in the
vicinity that will be implemented in the foreseeable future, primarily the Pier Ramp
project, the EIR identified one significant, unavoidable and adverse impact that cannot
be mitigated for Transportation/Circulation. The Pier Ramp project is currently being
developed and alternatives are being studied. The proposed preferred alternative
involves the construction of a ramp that will allow motorists to enter the beach level
parking lots from the Pier deck level, increasing the anticipated number of trips through
the intersection of Ocean Avenue and Colorado Avenue. The proposed Bubba Gump
restaurant will also add some trips to this intersection, and a traffic study has
determined that during the Saturday mid-day peak period, the additional trips would
create a significant impact cumulatively with the additional trips generated by the Pier
Ramp project. The Pier ramp may require mitigation measures involving reconfiguration
of this intersection. However, as the project is still under development, it is not possible
at this time to define the required mitigation with any precision or determine its
feasibility. For this reason, a measure to mitigate the restaurant’s contribution to the
impact cannot be identified and required as part of the project approval. Therefore, no
feasible mitigation measure has been identified and a Statement of Overriding
Considerations would be required in order to certify the Environmental Impact Report
(see further detail below).
Construction Mitigation
This project involves demolition and new construction on the Santa Monica Pier, both of
which have the potential to impact surrounding activities and businesses. The
environmental analysis of the project considered these impacts, with particular concern
48
regarding the summer months, during which the project could result in inconvenience to
a large number of visitors from outside the area as well as local residents. EIR
mitigation measures for the Construction Period, in the categories of “Noise,” “Other
Construction Effects” and “Neighborhood Effects” are incorporated into the conditions of
approval.
Mitigation Measure 3.4-2 is an extensive construction mitigation plan that includes
location requirements, decorative fencing requirements, restrictions on certain
construction activities such as hours when equipment may be moved across the bike
path, and required coordination with City and local agencies. The measure also requires
that the applicant install a temporary beach path around the construction site and
remove and protect the Pier sign that is located just to the north of the structure. The
beach, pedestrian path and sign must be reinstalled so that the surrounding area is
returned to its current condition prior to issuance of a Certificate of Appropriateness.
The location of the staging area on the sand north of the site and west of the beach bike
path minimizes movement of construction equipment that would inconvenience or
endanger pedestrians and users of the bike path. Together with the restriction on hours
in which the bike path may be closed in order to allow movement of construction
equipment, the proposed location avoids the need to redirect the bike path and avoids
interference with the emergency vehicle lane that passes under the Pier.
The City’s Noise Ordinance generally limits hours of construction to reduce noise
impacts on neighboring properties. In considering the noise impacts for this project, the
EIR analyzed the project in terms of the special sensitivity of the Pier and surrounding
49
beach area, which is unique in that it is a regional recreational destination with a very
large volume of pedestrian and bicycle traffic in the immediate vicinity. The project is
directly adjacent to the beachfront bike path and to steps that connect the Pier to the
northern portion of Santa Monica Beach. To mitigate construction noise in this sensitive
environment, the EIR includes Mitigation Measure 3.4-1, which requires a construction
wall with acoustical sound absorption blankets on all sides of the construction site. The
wall must be at least 10 feet in height on the western and southern sides of the
construction site interfacing with the Pier and staircase leading to the beach, and at
least 8 feet high on the other sides (facing north and east). On the western elevation,
the height would be measured from each level as it steps down from the Pier to the
beach.
Staff coordinated the EIR’s construction mitigation plan with other City agencies that
have jurisdiction over the beach and Pier and with the California State Department of
Parks and Recreation. All agencies have expressed general agreement with these
conditions, although certain details will be refined once a construction manager has
been chosen for the project.
Discussion of Alternatives
As required by CEQA, the EIR considered project alternatives to the proposed 8,955
square-foot new construction in order to compare the environmental impacts and
feasibility of these alternatives to the impacts foreseen for the proposed project. The
alternatives were then analyzed to compare their impacts as well as their abilities to
50
meet the project’s objectives to develop a family-style restaurant on the Santa Monica
Pier, to create a structure that is architecturally compatible with the Landmark Santa
Monica Pier and to revitalize the Pier through adding a visitor-serving use that meets
the goals of the General Plan Land Use Element.
Three alternatives were studied: a “No Project” alternative, in which the building remains
vacant; a “Reuse” Alternative, in which the existing Boathouse structure is renovated to
bring the restaurant structure into compliance with current building codes, including
seismic, electrical, mechanical, and fire codes and reused as a 6,859 square-foot
family-style restaurant with 329 seats and no retail use; and a “Reduced Density
Alternative,” in which a new building with the same ratio of seating to support area as
the proposed project is constructed with the same square footage (6,859 square feet)
as the former Boathouse Restaurant and approximately 241 seats, representing a 23.4
percent reduction in the size and seats proposed for the project. Alternative locations
were considered but not identified because there are no alternative locations available
for the project on the Pier and a location off the Pier is not feasible based on the
project’s goals to locate on and contribute to the development of the Santa Monica Pier.
The “No Project” Alternative was found to be environmentally superior because many of
the project’s potentially significant impacts involve the demolition of the existing building
and construction period of the restaurant. Furthermore, the lack of activity generated by
the closed building resulted in no traffic impacts. However, as this alternative does not
meet the goals defined for the project, the Reduced Density Alternative was found to be
the next best option because it had either similar or less impact than the proposed
51
project. Although this alternative had more construction period impacts than the Reuse
Alternative, it had less impact on traffic due to the floor area configuration, and
construction impacts are considered to be short-term while traffic impacts continue for
the life of the project. However, the EIR also recognizes that the Reduced Density
Alternative is not considered desirable for the applicant because the loss of seating
would make the project economically infeasible for the applicant, which would prevent
project implementation.
The Reuse Alternative was also considered to be environmentally superior to the
proposed project because it would be lower in height than the proposed project and
would not require additional parking or generate additional trips. During the public
comment period, the applicant submitted a comment on this section indicating that the
building could not be rehabilitated to rectify its non-compliance with seismic, structural,
fire, ADA and life-safety issues. Staff agrees that there are strong indications that this
may be the case, but the engineer’s conclusions were not accompanied by a report or
sufficient raw data for City staff to definitively conclude that this building cannot be
reused. However, for the applicant to develop a restaurant with their customary
standards, their proposed alterations to the building would exceed 50% of the
replacement value of the structure, which would trigger a requirement to meet all of the
current Building Code standards. In order to retrofit the building to meet these
standards, the removal of existing walls and foundation replacements would turn the
project into a substantial remodel and require the building to meet all Zoning Code
standards. In this case, the project would become new construction of a restaurant the
same size as the Boathouse restaurant structure like the Reduced Density Alternative.
52
The cost of demolition of the existing building and new construction would not be
economically justified unless the restaurant is built with sufficient seating and preparation
area as proposed. Therefore, consistent with CEQA Section 15091(a)(3), staff
recommends that the Commission adopt the proposed project, finding that for specific
economic reasons, the project alternatives identified in the EIR are infeasible.
Statement of Overriding Considerations
Examination of the above alternatives did not identify an alternative project that would
be both environmentally superior and reasonably feasible so as to be overall superior to
the proposed project. Therefore, staff recommends adoption of the project as
proposed. All feasible mitigation measures have been incorporated to reduce identified
impacts to a less than significant level. However, the trips contributed by the project to
the intersection of Ocean and Colorado Avenues are cumulatively significant when
considered together with the proposed Pier Ramp project, a City project that is currently
budgeted and thus considered a reasonably foreseeable future project. If the Pier
Ramp project is approved for development, mitigation measures may be required. This
project is not sufficiently developed at this time to identify a specific mitigation measure
for the proposed restaurant’s contribution toward mitigation, so a feasible mitigation
measure cannot be identified.
However, staff believes that the public benefits of the project outweigh its unavoidable
environmental impacts for several reasons. First, the project would provide a
53
competitively priced, children-friendly, family-style restaurant that contributes to the
development and aesthetic improvement of the Santa Monica Pier. Additionally, the
project would provide an elevator for disabled access from the beach to the Pier deck
that the applicant has proposed to be available for use by all disabled users of the
beach and Pier during the restaurant’s hours of operation. The project would create
both temporary construction jobs and permanent jobs, and provi9de significant direct
fiscal benefits to the City including increased sales tax revenues. Therefore, in order to
certify the EIR and adopt the project, a Statement of Overriding Considerations
(Attachment F) is proposed.
CONCLUSION
The General Plan Land Use Element Oceanfront Special District, whose purpose and
policies are incorporated into the provisions of the RVC Zoning District, encourages
visitor-serving uses such as the proposed restaurant as positive developments on the
Santa Monica Pier. The proposed structure’s design reflects many of the objectives of
the Santa Monica Pier Design Guidelines. The size, scale and siting of the project,
including the proposed alcoholic beverage service as an accessory use to the primary
food service, are compatible with the surrounding businesses and residential uses with
the proposed conditions. With approval of a Reduced Parking Permit to allow shared
parking of the Pier and beach parking lots, the project meets Municipal Code
requirements. The EIR identified mitigation measures, which are either incorporated
through design or included as conditions of approval. A feasible mitigation measure
could not be identified to resolve the intersection of Ocean and Colorado Avenues traffic
impact when considered cumulatively with the City’s anticipated development of the Pier
Ramp. However, the project alternatives discussed in the EIR, which were identified as
environmentally superior, are not economically feasible for the applicant. Thus, a
finding that the alternative projects are economic infeasible, a Statement of Overriding
Considerations and a Mitigation Monitoring Plan are required in order to certify the
Environmental Impact Report and approve this project.
ALTERNATIVES
Other than the recommended action, the Planning Commission may:
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?
Certify the EIR, adopt the Statement of Overriding Considerations and Mitigation
Monitoring Plan and approve 02DR-008, 02CUP-011 and 02RPP-001 based upon
revised findings and conditions;
?
Certify the EIR and continue the project for redesign;
?
Deny 02DR-008, 02CUP-011 and 02RPP-001 without prejudice, based upon
revised findings; or
?
Deny 02DR-008, 02CUP-011 and 02RPP-001 based upon revised findings.
RECOMMENDATION
It is recommended that the Planning take the following actions:
1. Adopt a resolution certifying the Environmental Impact Report 03EIR-002;
2. Adopt a Statement of Overriding Considerations and Mitigation Monitoring Plan;
and,
3. Approve Development Review Permit 02-008, Conditional Use Permit 02-011
and Reduced Parking Permit 02-001 with the following findings and conditions.
FINDINGS
DEVELOPMENT REVIEW PERMIT
6. The physical location, size, massing, and placement of proposed structures on
the site and the location of proposed uses within the project are compatible with
and relate harmoniously to surrounding sites and neighborhoods because the
project is consistent with the height and density standards set forth in the Zoning
Ordinance for the Pier specifically and the RVC District generally. The building
relates to the Pier activity by providing retail activity that opens directly onto the
Pier at Pier level. Dining activities within the building face west towards the
continuation of the Pier and north towards the beach, creating further connection
between the Pier and beach areas. Furthermore, the proposed structure is within
the footprint of the existing structure. A restaurant structure at the location
contributes to the historic character of the Landmark Santa Monica Pier.
7. The rights-of-way can accommodate autos and pedestrians, including adequate
parking and access in that the project site is accessed from the Santa Monica
Pier and patrons of the project will utilize existing access to Pier and beach
parking lots.
8. The health and safety services (police, fire etc.) and public infrastructure (e.g.,
utilities) are sufficient to accommodate the new development in that sufficient
infrastructure currently serves the Pier and served the previous restaurant on the
site, including a Police sub-station almost directly across from the restaurant site.
9. The project is generally consistent with the Municipal Code and General Plan in
that it meets the goals and purpose of the RVC Zone and is consistent with
Objective 1.5 for the Oceanfront Special District because the restaurant anchors
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the Pier with a strong visitor-oriented use and does not have negative effects on
the existing residential mix in the district. The proposed project also meets all
Code requirements with the exception of parking, for which a Reduced Parking
Permit is approved herein allowing shared parking with other Pier and beachfront
uses.
10. Reasonable and feasible mitigation measures have been included for all adverse
impacts identified in an Initial Study or Environmental Impact Report, such that all
identified impacts are reduced to a less than significant level except for the
cumulative impacts of traffic at the intersection of Ocean Avenue and Colorado
Avenue in conjunction with development of the Pier Ramp project. Because the
Pier Ramp project is still in development and a feasible mitigation measure
cannot be identified and applied to the proposed project, a Statement of
Overriding Considerations has been adopted with certification of the EIR.
CONDITIONAL USE PERMIT
1. The proposed use is one conditionally permitted within the subject district and
complies with all of the applicable provisions of the "City of Santa Monica
Comprehensive Land Use and Zoning Ordinance" in that an alcohol license in
conjunction with food service is conditionally permitted in the Residential-Visitor-
Commercial (RVC) Zoning District.
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 RVC district and the Santa
Monica Pier in particular permits food uses, and alcohol service will be ancillary
to the food service function of the establishment.
3. The subject parcel is physically suitable for the type of land use being proposed,
in that the parcel is the Santa Monica Pier and the proposed restaurant with
alcoholic beverage service will replace an existing structure that has contained
a restaurant and bar with alcoholic beverage service.
4. The proposed use is compatible with any of the land uses presently on the
subject parcel if the present land uses are to remain, in that the issuance of an
alcohol license is compatible with the allowed restaurant use and with other
uses on the Santa Monica Pier.
5. The proposed use would be compatible with existing and permissible land uses
within the district and the general area in which the proposed use is to be
located, in that the zoning of the site conditionally permits the issuance of an
alcohol license for food service establishments. Other food service
establishments, some of which serve alcoholic beverages, are located on the
Pier and in the vicinity and together constitute an area of regional entertainment
and recreational opportunities. Additionally, the proposed use is compatible in
that the operating hours are consistent with surrounding food service
establishments with alcoholic beverage licenses.
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6. There are adequate provisions for water, sanitation, and public utilities and
services to ensure that the proposed use would not be detrimental to public
health and safety, in that the site is located in an urbanized area adequately
served by existing infrastructure.
7. Public access to the proposed use will be adequate, in that parking will be
provided in the Pier deck parking lot and in surrounding beach lots and
adequate pedestrian access is provided from the Pier deck. In addition, an
elevator for compliance with ADA requirements will be installed to allow
adequate access from beach level to the restaurant and will be open to all
disabled visitors to the Pier as well as patrons.
8. The physical location or placement of the use on the site is compatible with and
relates harmoniously to the surrounding neighborhood, in that the proposed
alcohol license will be for a restaurant which is a permitted use in the RVC
zoning district.
9. The proposed service of alcoholic beverages as an accessory to the primary
service of food is consistent with the goals, objectives, and policies of the
General Plan, in that the Land Use Element of the General Plan’s Objective 1.5
for the Oceanfront Special District encourages visitor-serving uses that do not
impact the existing residential mix and the proposed restaurant anchors the Pier
with a strong visitor-oriented use that does not have negative effects on the
existing residential mix in the district. Furthermore, it is normal and customary
for a restaurant of this type to serve alcoholic beverages with meals.
10. The proposed use would not be detrimental to the public interest, health, safety,
convenience, or general welfare, in that the proposed alcoholic beverage
service would be secondary to the primary service of food. The floor plan
permits only 12 bar seats out of a total of 314 seats and the proposed bar area
is located within the dining area.
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 over-concentration of such uses in the
immediate vicinity, in that the proposed alcohol license will be for a restaurant
and in that the area is on the visitor-serving Santa Monica Pier, which is
frequented by large numbers of local residents as well as office workers,
shoppers, and visitors from outside the City. Furthermore, this type of outlet
has not contributed significantly to alcohol related problems in the area.
ALCOHOL OUTLET
1. The proposed use will not adversely affect the welfare of neighborhood
residents in a significant manner in that the use will be located on the Santa
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Monica Pier, away from any major residential uses and is conditioned herein to
mitigate any noise impacts during construction and operation of the restaurant.
Furthermore, parking is available at the Pier and beach lots so that patrons will
not impact neighborhood parking utilization.
2. The proposed use will not contribute to an undue concentration of alcohol
outlets in the area in that a restaurant with only a small separate bar area and
no entertainment or other use is not typically considered to contribute to
objectionable problems associated with alcohol outlets, and in that the area is
on the Santa Monica Pier which is frequented by large numbers of local
residents as well as office workers, shoppers, and visitors from outside the area.
Furthermore, this type of outlet has not contributed significantly to alcohol-
related problems in the area.
3. The proposed use will not detrimentally affect nearby neighborhoods
considering the distance of the alcohol outlet to residential buildings, churches,
schools, hospitals, playgrounds, parks, and other existing alcohol outlets in
that the Pier location provides sufficient distance from sensitive residential and
community uses and because conditions for approval, such as restrictions on
entertainment, will minimize the potential effect on the residential uses in the
vicinity.
4. The proposed use is compatible with existing and potential uses within the
general area in that the restaurant is located on the Santa Monica Pier in the
RVC district, and a restaurant with an alcohol license is compatible with other
permitted uses on the Pier such as Mariasol, Rusty’s and Santa Monica Pier
Seafood, all of which have ABC licenses. Furthermore, the proposed use is
compatible with other Pier activities because alcoholic beverage service will be
secondary to food service.
5. Traffic and parking congestion will not result from the proposed use in that
parking for the use is available on the Pier deck lot and adjacent beach lots.
6. The public health, safety, and general welfare are protected in that the project is
consistent with the provisions of the Zoning Ordinance, the Pier Design
Guidelines and the Land Use Element of the General Plan. Furthermore, the
floor plan permits only 12 bar seats out of a total of 314 seats and the proposed
bar area is located within the dining area, ensuring that the service of alcoholic
beverages remains secondary to the primary service of alcoholic beverages.
7. No harm to adjacent properties will result in that the conditions of approval will
ensure that the establishment operates as a restaurant with no live
entertainment.
8. The proposed restaurant with accessory alcoholic beverage service is
consistent with the objectives of the General Plan in that the Land Use Element
of the General Plan designates the area as Oceanfront Special District, which is
“intended to take advantage of the special potential of this prime opportunity
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area as a revenue generator, an amenity to Santa Monica residents, and a
producer of entry-level or low-skilled jobs.”
REDUCED PARKING PERMIT
Shared Parking
4. A sufficient number of spaces are provided to meet the greater parking demand
of the participating uses including existing beach and Pier uses and the
proposed restaurant. The parking analysis conducted as part of the project’s
Environmental Impact Report (EIR) found that parking availability exceeds
demand with the exception of four hours without the Pier Ramp or five hours
with the Pier Ramp on the peak day(s) of the year (Sunday of Labor Day
th
Weekend and on the July 4 weekend when the holiday falls on a Friday or
Monday). This parking provision meets the greater parking demand of the
participating uses because it meets the daily needs of all uses for most days of
the year. Furthermore, City policy has generally been to plan for the typical
needs of a project and not for the peak day exception.
5. Satisfactory evidence has been submitted by the parties operating the shared
parking facility, describing the nature of the uses and times when the uses
operate so as to demonstrate the lack of conflict between them in that the City
Of Santa Monica operates all parking lots involved in the parking calculations
and a shared parking analysis was conducted as part of the project’s
Environmental Impact Report (EIR). The parking study indicated that supply
exceeded demand when the project was considered together with existing uses,
entitled uses and the proposed Pier Ramp with the exception of one or possibly
two peak days a year, which satisfies the greater parking demand of these uses.
6. Additional documents, covenants, deed restrictions or other agreements as may
be deemed necessary by the Zoning Administrator are executed to assure that
the required parking spaces provided are maintained and uses with similar
hours and parking requirements as those uses sharing the parking remain for
the life of the building in that the proposed use is on the Pier and served by
parking lots that are all operated by the City of Santa Monica. The City will
continue to operate these lots to serve all beach and Pier uses, as is required by
previous City and Coastal Commission permits as well as lease agreements
held between the City and Pier tenants.
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CONDITIONS OF APPROVAL
Plans
1. This approval is for those plans dated May 2003, a copy of which shall be
maintained in the files of the City Planning Division. Project development shall
be consistent with such plans, except as otherwise specified in these conditions
of approval.
2. The Plans shall comply with all other provisions of Chapter 1, Article IX of the
Municipal Code, (Zoning Ordinance) and all other pertinent ordinances and
General Plan policies of the City of Santa Monica.
3. 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, an 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.
Landmarks Commission
4. Prior to consideration of the project by the Landmarks Commission, the
applicant shall review disabled access requirements with the Building and
Safety Division and make any necessary changes in the project design to
achieve compliance with such requirements. The Landmarks Commission, in
its review, shall pay particular attention to the aesthetic, landscaping, and
setback impacts of any ramps or other features necessitated by accessibility
requirements.
5. Plans for final design, landscaping, screening, trash enclosures, and signage
shall be subject to review and approval by the Landmarks Commission.
6. The Landmarks Commission, in its review, shall pay particular attention to the
project's compliance with the Pier Design Guidelines, pedestrian orientation and
amenities; scale and articulation of design elements; exterior colors, textures
and materials; window treatment and glazing.
7. Refuse areas, storage areas and mechanical equipment shall screened in
accordance with SMMC Section 9.04.10.02.130-90.04.10.02.150. Refuse areas
shall be of a size adequate to meet on-site need, including recycling. The
Landmarks Commission in its review shall pay particular attention to the
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screening of such areas and equipment. Any rooftop mechanical equipment
shall be minimized in height and area, and shall be located in such a way as to
minimize noise and visual impacts to surrounding properties. Unless otherwise
approved by the Landmarks Commission, rooftop mechanical equipment shall
be located at least five feet from the edge of the roof.
8. Construction period signage shall be subject to the approval of the Landmarks
Commission.
Demolition
9. Until such time as the demolition is undertaken, and unless the structure is
currently in use, the existing structure shall be maintained and secured by
boarding up all openings, erecting a security fence, and removing all debris,
bushes and planting that inhibit the easy surveillance of the property to the
satisfaction of the Building and Safety Officer and the Fire Department. Any
landscaping material remaining shall be watered and maintained until demolition
occurs.
10. Immediately after demolition (and during construction), a construction period
security fence as specified in the Environmental Impact Report shall be erected
maintained around the perimeter of the lease area.
11. Prior to issuance of a demolition permit, applicant shall prepare for Building
Division approval a rodent and pest control plan to ensure that demolition and
construction activities at the site do not create pest control impacts on the
project neighborhood.
12. No demolition of buildings or structures 40 years of age or older shall be
permitted until the end of a 60-day review period by the Landmarks
Commission.
13. All applicable permits shall be obtained from the California State Department of
Parks and Recreation prior to demolition.
Construction
14. Unless otherwise approved by the Department of Environmental and Public
Works Management, the Pier Deck and all public areas shall be kept clear and
passable during the grading and construction phase of the project.
15. Sidewalks, curbs, gutters, paving and driveways which need replacing or
removal as a result of the project as determined by the Department of
Environmental and Public Works Management shall be reconstructed to the
satisfaction of the Department of Environmental and Public Works
Management. Approval for this work shall be obtained from the Department of
Environmental and Public Works Management prior to issuance of the building
permits.
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16. Vehicles hauling dirt or other construction debris from the site shall cover any
open load with a tarpaulin or other secure covering to minimize dust emissions.
Immediately after commencing dirt removal from the site, the general contractor
shall provide the City of Santa Monica with written certification that all trucks
leaving the site are covered in accordance with this condition of approval.
17. A construction period mitigation plan including all mitigation measures identified
in the EIR shall be prepared by the applicant for approval by the Department of
Environmental and Public Works Management prior to issuance of a building
permit. The approved mitigation plan shall be posted on the site for the duration
of the project construction and shall be produced upon request. In addition to
the mitigation measure specifications, as applicable, this plan shall 1) Specify
the names, addresses, telephone numbers and business license numbers of all
contractors and subcontractors as well as the developer and architect; 2)
Describe how demolition of any existing structures is to be accomplished; 3)
Indicate where any cranes are to be located for erection/construction; 4)
Describe how much of the public street, alleyway, or sidewalk is proposed to be
used in conjunction with construction; 5) Set forth the extent and nature of any
pile-driving operations; 6) Describe the length and number of any tiebacks
which must extend under the property of other persons; 7) Specify the nature
and extent of any dewatering and its effect on any adjacent buildings; 8)
Describe anticipated construction-related truck routes, number of truck trips,
hours of hauling and parking location; 9) Specify the nature and extent of any
helicopter hauling; 10) State whether any construction activity beyond normally
permitted hours is proposed; 11) Describe any proposed construction noise
mitigation measures; 12) Describe construction-period security measures
including any fencing, lighting, and security personnel; 13)Provide a drainage
plan; 14) Provide a construction-period parking plan which shall minimize use
of public streets for parking; 15) List a designated on-site construction
manager.
18. A sign shall be posted on the property in a manner consistent with the public
hearing sign requirements which shall identify the address and phone number of
the owner and/or applicant for the purposes of responding to questions and
complaints during the construction period. Said sign shall also indicate the
hours of permissible construction work.
19. A copy of these conditions shall be posted in an easily visible and accessible
location at all times during construction at the project site. The pages shall be
laminated or otherwise protected to ensure durability of the copy.
Environmental Mitigation
20. 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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21. Parking areas and structures and other facilities generating wastewater with
significant oil and grease content are required to pre-treat 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.
22. 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.
23. The restaurant has more than 50 seats and is therefore required to install an
interceptor with 1000 gallons minimum holding capacity. The Environmental
and Public Works Management Department may modify the above
requirements only for good cause. Specifically, the facility must demonstrate to
the satisfaction of the Industrial Waste Section and Building and Safety Division
that interceptor installation is not feasible at the site in question. In such cases
where modifications are granted, grease traps will be required in the place of an
interceptor. Building permit plans shall show the required installation.
Miscellaneous
24. The building address shall be painted on the roof of the building and shall
measure four feet by eight feet (32 square feet).
Validity of Permits
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 Planning Division. Failure to comply with this condition
may constitute grounds for potential permit revocation.
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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 18 monthsfrom the permit’s effective date. Exercise of
rights shall mean issuance of a building permit to commence construction.
However, the permit shall also expire if the building permit expires, if final
inspection is not completed or a Certificate of Occupancy is not issued within
the time period specified in SMMC Section 8.08.060, or if the rights granted are
not exercised within one year following the earliest to occur of the following:
issuance of a Certificate of Occupancy or, if no certificate of Occupancy is
required, the last required final inspection for the new construction. 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 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 12:00 AM and 7:00 am, Monday through Friday, and
between 12:00 AM and 9:00 AM, Saturday and Sunday. Trash containers shall
be secured with locks. All deliveries shall take place in accordance with the
rules governing deliveries on the Pier.
31. Pursuant to Municipal Code Section 9.04.10.02.420, a sign shall be posted
stating that the establishment is limited to 314 seats. The sign shall be a
minimum of twelve inches by eighteen inches, and shall be posted by the
restaurant entrance or other such location as required by the Zoning
Administrator.
32. 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
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noise levels do not exceed maximum allowable levels for the applicable noise
zone.
33. 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.
34. Applicant is advised that this project is located in the California Coastal Zone
and requires approval of the California Coastal Commission prior to issuance of
any building permits by the City of Santa Monica. Applicant is responsible for
obtaining any such permits.
ALCOHOL OUTLET CONDITIONS
35. Customers shall be permitted to order meals at the bar at all times the bar or
restaurant is open for business.
36. Window or other signage visible from the public right-of-way that advertises
beer or alcohol shall not be permitted.
37. 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.
38. The establishment shall maintain a kitchen or food-serving area in which a
variety of food is prepared and cooked on the premises.
39. The establishment shall serve food to patrons during all hours the establishment
is open for customers.
40. Seating arrangements for sit-down patrons shall not exceed 314 seats. Bar
area seating shall not exceed 12 seats; restaurant seating shall not exceed 302
seats (186 outdoors, 116 indoors).
41. Take out service shall be only incidental to the primary sit-down use.
42. No alcoholic beverage shall be sold for consumption beyond the premises.
43. No dancing or live entertainment beyond that allowed in the restaurant definition
contained in the Zoning Ordinance shall be permitted on the premises.
44. The primary use of the outdoor dining area shall be for seated meals service.
Patrons who are standing in the outdoor seating area shall not be served.
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45. The permitted hours of alcoholic beverage service shall be 9:00 a.m. to 12:00
midnight Sunday through Thursday, and 9:00 a.m. to 1:00 a.m. Friday and
Saturday with complete closure and all employees vacated from the building by
1:00 pm Sunday through Thursday, and 2:00 am Friday and Saturday. The
restaurant shall not serve alcoholic beverages in the bar area after midnight but
may continue to sell alcoholic beverages in the dining area along with meal
service.
46. Prior to issuance of a Certificate of Occupancy, 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.
47. Prior to issuance of a Certificate of Occupancy, 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 Citywide alcohol awareness training
program condition affecting similar establishments.
48. Prior to issuance of a Certificate of Occupancy, 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.
49. Except for special events, alcohol shall not be served in any disposable
container such as disposable plastic or paper cups.
50. Any minimum purchase requirement may be satisfied by the purchase of
beverages or food.
51. No video or other amusement games shall be permitted on the premises.
52. 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
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beginning of the calendar year and also available to the City of Santa Monica
and the State ABC upon request.
53. The project shall at all times comply with the provisions of the Noise Ordinance
(SMMC Chapter 4.12).
54. 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.
55. Applicant is on notice that all temporary signage is subject to the restrictions of
the City sign ordinance.
56. Prior to issuance of a Certificate of Occupancy Permit, the applicant shall post a
notice at the building entry stating that the site is regulated by a Conditional Use
Permit and Development Review Permitand that the Statement of Official
Action, which includes the establishment’s conditions of approval, is available
upon request. This notice shall remain posted at all time the establishment is in
operation.
Miscellaneous Conditions
57. The project shall comply with the following mitigation measures identified in the
project Environmental Impact Report (EIR):
(a) A temporary sound barrier shall be erected along the project site boundary, such
that the “line of sight” between construction activity and the commercial/
pedestrian uses on the Santa Monica Pier and beachgoers is obstructed to the
degree feasible. The height of this sound barrier shall be ten feet along the
southern and western boundaries, where the wall shall step down from the Pier
deck to the first level immediately adjacent to the access stairs, and shall be
eight feet along the eastern and northern boundaries. In addition, this sound
barrier shall be comprised of, or lined with, acoustical sound absorption
blankets with a sound transmission class (STC) rating of 25 or more, while
maintaining consistency with the conditions (i.e., portals for public viewing and
design) included in Mitigation Measure 3.4-2.
(b) A construction mitigation plan shall be submitted to the City to minimize interruption
of beach activities, including the use of the bicycle path, emergency access,
and public access to the beach and the Pier. Details of this plan shall be
approved by the City’s Open Space Management Division, Transportation
Management Division, Environmental and Public Works Management Division,
Planning Division and Economic Development Division and shall at a minimum
include the following:
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A solid construction fence shall be erected around the project site along the
lease lines and staging areas and including up to 1/3 of the width of the
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steps located immediately west of the project site, which may be included
in the construction site. The other 2/3 of the width of the steps shall remain
open and unobstructed for public use at all times. Such fence shall include
portals for viewing at eye level and shall be decorated with a beach, ocean
or amusement park theme on all sides. All decoration shall be approved by
the Pier Restoration Corporation. This wall shall serve as both a temporary
screening device to reduce the visual distraction associated with
construction activities and equipment and as a barrier for public safety and
security purposes.
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All work shall be staged from the beach level and not the Pier deck.
Equipment shall not be brought onto the Pier deck at any time. The City
Environmental and Public Works Management Division may allow the
contractor to work outside of the southern construction fence boundary on
or below the Pier deck if such activity is deemed necessary to complete
work to improve/repair the Pier sub-structure. The project contractor shall
be thoroughly informed of the weight and time limits on the Pier deck and
that all off-loading of construction materials be done from the 1550 PCH
parking lot to minimize disruption of regular Pier activities (i.e., pedestrian
access, vehicular circulation, operation of commercial uses on the Pier).
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The staging area shall be located on the beach to the north of the site. No
construction materials or equipment may be placed directly on the sand.
The applicant may use the existing wood deck on the beach. If this area is
insufficient to accommodate all materials, the applicant shall be required to
install additional wood deck area on the sand. Prior to issuance of a
Certificate of Occupancy, all preexisting deck materials shall be replaced
so that the deck and pedestrian path are restored at the same location and
in the same condition as they were prior to the demolition of the Boathouse
building.
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A temporary pedestrian path shall be constructed north of the staging area
to connect the parking lot, beach and steps west of the site leading to the
Pier deck with the approval of the Open Space Management Division and
relevant State department(s). This path shall be removed when the existing
pedestrian path is replaced prior to issuance of a Certificate of Occupancy.
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Fire lanes to the east of the site shall not be blocked by construction
equipment at any time. Construction equipment shall not be permitted to be
parked on the beach parking lots at any time.
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The Santa Monica Pier sign located north of the project site over the
pedestrian walk shall be temporarily removed, stored for protection, and
replaced prior to issuance of a Certificate of Occupancy.
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Signage for public convenience shall be posted as deemed necessary by
the City.
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Equipment shall not be allowed to be moved across the bike path after 9:00
A.M. Monday through Saturday.
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All required permits shall be obtained from Los Angeles County authorities
prior to any interruption to the bike path.
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Movement of equipment across the bike path may require intermittent traffic
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control at the applicant's expense, subject to determination by the City’s
Police Department.
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(c) Consistent with the Secretary of the Interior’s Standards, the proposed project
development on and adjacent to the Santa Monica Pier shall be differentiated
from the old and shall be compatible with the historic materials, size, scale,
proportions, massing, context, design, color, and texture of the property and its
environment. In addition, the Boathouse building’s original orientation in
relationship with the Santa Monica Pier, that is south (front) – north (rear)
direction, shall be retained, as would be the Boathouse building’s basic
footprint.
58. If any archaeological remains are uncovered during excavation or construction,
work in the affected area shall be suspended and a recognized specialist shall
be contacted to conduct a survey of the affected area at project's owner's
expense. A determination shall then be made by the Director of Planning to
determine the significance of the survey findings and appropriate actions and
requirements, if any, to address such findings.
58. Mechanical equipment may be located on the rooftop only when it is installed
within a soundrated parapet enclosure.
59. 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.
60. 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.
61. The doors to the retail area on the east elevation of the structure shall be kept
open during all hours of the restaurant’s operation to allow direct access from
the Pier.
62. Prior to issuance of Building Permits, the project plans shall be amended
consistent with the applicant’s proposal to reflect that the disabled elevator is
available for public access during all hours of the restaurant’s operation.
Monitoring of Conditions
62. Pursuant to the requirements of Public Resources Code Section 21081.6, the
City Planning Division will coordinate a monitoring and reporting program
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regarding any required changes to the project made in conjunction with project
approval and any conditions of approval, including those conditions intended to
mitigate or avoid significant effects on the environment. This program shall
include, but is not limited to, ensuring that the Planning Division itself and other
City divisions and departments such as the Building Division, the Environmental
and Public Works Management Department, the Fire Department, the Police
Department, the Community and Economic Development Department and the
Finance Department are aware of project requirements which must be satisfied
prior to issuance of a Building Permit, Certificate of Occupancy, or other permit,
and that other responsible agencies are also informed of conditions relating to
their responsibilities. Project owner shall demonstrate compliance with con-
ditions of approval in a written report submitted to the Planning Director and
Building Officer prior to issuance of a Building Permit or Certificate of
Occupancy, and, as applicable, provide periodic reports regarding compliance
with such conditions.
Prepared by: Elizabeth Bar-El, AICP, Associate Planner
Attachments:
A. Municipal Code and General Plan Conformance
B. Site Posting Photo
C. Notice of Public Hearing
D. Radius and Location Map
E. Resolution to Certify the Environmental Impact Report
F. Resolution Adopting a Statement of Overriding Considerations and Mitigation
Monitoring Plan
G. Pier Design Guidelines, pages 38-42
H. Renderings, Plot Plan, Floor Plans and Elevations; Photographs of Existing
Conditions
I. Draft Environmental Impact Report
J. Bubba Gump Shrimp Co. Menu
LBE: F:\PLAN\SHARE\PC\STRPT\02\02DR-008 BG.doc
July 5, 2007
Plot Plan, Floor Plans & Elevations;
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ATTACHMENT A
MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE
LAND USE MUNICIPAL CODE
CATEGORY ELEMENT PROJECT
Restaurants are permitted
Permitted Use --- New 8,955 sq.ft. restaurant
uses. [SMMC
with accessory service of
9.04.08.12.020(r)]
alcoholic beverages.
Restaurants serving
alcoholic beverages are
permitted with a
Conditional Use Permit.
[SMMC 9.04.08.12.040(c)]
Height of Building --- 30 feet, measured from the 27-10” to top of parapet
Pier platform. from Pier platform
[SMMC 9.04.08.12.060(a)]
Number of Stories --- 2 stories, measured from 2 stories above Pier
the Pier platform. platform.
[SMMC 9.04.08.12.060(a)]
Setbacks No setbacks in the RVC Project to be developed on
N/A Zone for projects located the same footprint as
on the Santa Monica Pier existing restaurant.
[SMMC 9.04.08.12.060
(e)(f)(g)]
Seating
N/A No seating restrictions are 186 outdoor dining seats
placed on restaurants in on two decks on north side
the RVC District. [SMMC of structure
9.04.08.12.020(r)]
12 bar seats
Restaurant parking is
116 interior restaurant
established based on
seats
square feet rather than
314 seats total
seats. [SMMC
9.04.10.08.040]
Building Height N/A [Per SMMC No proposed projections
9.04.10.02.030] over the 30’ height limit.
Projections
70% SM Pier is a single parcel.
Lot Coverage N/A
Parcel coverage of Pier is
[SMMC 9.04.08.12.060(c)]
less than 70%.
F.A.R. 1.0 SM Pier is a single parcel.
FAR with project is less
[SMMC 9.04.08.12.060(a)]
than 1.0.
% Walls Demolished 100% of building to be
demolished.
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LAND USE MUNICIPAL CODE
CATEGORY ELEMENT PROJECT
Parking Space Number N/A One space per 300 square Pier deck has 284 parking
feet of support area, one spaces. Reduced Parking
space per 75 square feet of Permit allows shared
service and seating area parking of 1503 spaces on
open to customers, and 1 Pier deck and beach lots at
space per 50 square feet of 1440 PCH, 1550 PCH and
separate bar area. 1660 Appian Way.
4530/75 = 60.4 spaces
386/50 = 7.72 spaces
4038/300 = 13.46 spaces
Total: 81.58 = 82 parking
Spaces required
[SMMC 9.04.10.08.040]
Loading Spaces N/A One loading space required One loading space will be
for commercial buildings provided on the north side
between 3,000 and 15,000 of the structure to the east
square feet in size. of the outdoor dining area
with access from the 1550
PCH parking lot. All
deliveries to site to be
during off-hours when Pier
activity is lowest per City’s
lease agreement.
Refuse and Recycling N/A Trash enclosures for A trash and recycling
Area buildings between 5,000 enclosure with dimensions
and 10,000 square feet of 10’2” x 16’6” is located
must have minimum on the east side of the
dimensions of 9'6” x 13'6” building.
with 8’ high solid walls and
gate is required. [SMMC
9.04.10.02.151(a)(3)]
Mechanical Equipment Mechanical equipment Mechanical equipment
Location & Screening N/A extending more than 12" located on rooftop,
above roof parapet shall be screened from all sides
fully screened from a within mechanical well in
horizontal plane. center of top floor.
[SMMC 9.04.10.02.140]
Historic Resources N/A Santa Monica Pier: Certificate of
Inventory Designated Landmark Appropriateness for design,
materials and signs to be
obtained from the
Landmarks Commission.
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ATTACHMENT E
RESOLUTION CERTIFYING ENVIRONMENTAL IMPACT REPORT
See Adopted Resolution No. 9887 (CCS)
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ATTACHMENT F
RESOLUTION ADOPTING STATEMENT OF OVERRIDING CONSIDERATIONS
(See Adopted Resolution No. 9888 (CCS)
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ATTACHMENT G
FINAL ENVIRONMENTAL IMPACT REPORT
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 H
PROJECT 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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