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SR-402-008 (13) 1e- NOV 11 2003 PCD:SF :JT:AS:KC: LBE: F:\PLAN\SHARE\COU NCI L \STOAS\2003\03APP012 BG .doc Council Mtg: November 11,2003 Santa Monica, California Mayor and City Council FROM City Staff SUBJECT: Certification of the Statement of Official Action for Appeal 03APP-012 Certifying Final Environmental Impact Report 03EIR-002, Adopting a Statement of Overriding Considerations and Approving Development Review Permit 02-008, Conditional Use Permit 02-011, and Reduced Parking Permit 02-001 for a New Restaurant Building Located at 301 Santa Monica Pier. INTRODUCTION This staff report transmits for City Council certification the Statement of Official Action for Appeal 03-012 of conditions included in the Planning Commission's Certification of a Environmental Impact Report, Adoption of a Statement of Overriding Considerations, and approval of Development Review Permit 02-008, Conditional Use Permit 02-011, and Reduced Parking Permit 02-001 to allow the construction of a new 3-story, 8,955 square-foot restaurant building located at 301 Santa Monica Pier. On September 9, 2003 the City Council upheld in part the Planning Commission's approval of the project, modifying conditions regarding alcohol beverage service and construction period mitigation measures, and adding a condition to lower the elevator tower by two feet. The City Council's decision was based upon the findings contained in the attached Statement of Official Action NOV 11 2003 1e BUDGET/FINANCIAL IMPACT The recommendation presented in this report does not have any budget or fiscal impact. RECOMMENDATION It is recommended that the City Council approve the attached Statement of Official Action. Prepared by: Suzanne Frick, Director Jay M. Trevino, AICP, Planning Manager Amanda Schachter, Principal Planner Kimberly Christensen, AICP, Senior Planner Elizabeth Bar-EI, AICP, Associate Planner Planning and Community Development Attachment: Statement of Official Action CITY OF SANTA MONICA CITY COUNCIL ICilY of I Santa Moniea~ STATEMENT OF OFFICIAL ACTION PROJECT CASE NUMBER: 03APP-012 LOCATION: 301 Santa Monica Pier APPLICANT: Bubba Gump Shrimp Company APPELLANT: Bubba Gump Shrimp Company PROPERTY OWNER: City Of Santa Monica CASE PLANNER: Elizabeth Bar-EI, AICP REQUEST: Appeal of Planning Commission's approval of Development Review Permit 02-008, Conditional Use Permit 02-011, and Reduced Parking Permit 02-001 for a New Restaurant Building Located at 301 Santa Monica Pier. CEQA STATUS: An Environmental Impact Report was prepared for this project in compliance with The California Environmental Quality Act (CEQA). The Environmental Impact Report was certified by the City Council on September 9,2003 by Resolution No. 9887. A Statement of Overriding Considerations and Mitigation Monitoring Plan were also approved on September 9,2003 by Resolution No. 9888. 1 CITY COUNCIL ACTION September 9. 2003 Date. X Approved based on the following findings and subject to the conditions below. Denied. Other. EFFECTIVE DATE OF ACTION: September 9. 2003 Development Review Permit 2-008, Conditional Use Permit 02-011, and Reduced Parking Permit 02-001 EXPIRATION DATE OF ANY PERMIT GRANTED: March 9. 2005 Development Review Permit 02-008, Conditional Use Permit 02-011, and Reduced Parking Permit 02-001 LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATES: 6 months Development Review Permit 02-008, Conditional Use Permit 02-011, and Reduced Parking Permit 02-001 Each and all of the findings and determinations are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the Project. All summaries of information contained herein or in the findings are based on the substantial evidence in the record. The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact. 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 2 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 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 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 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. 4 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 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 5 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 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 4th 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. 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 6 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 July 28, 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. The elevator tower on the western side of the structure shall be lowered two feet to a total of 22 feet in height as measured from the Pier deck. 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 7 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 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 occu rs. 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 8 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. 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. 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, 9 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 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. 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. The restaurant has more than 50 seats and is therefore required to install an interceptor with 1000 gallons minimum holding capacity. The Environmental 10 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 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. 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 months from 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. 11 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 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. 12 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. 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. 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. 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. 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 13 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. 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. 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 The establishment shall not provide video or other amusement games on the premises. No more than 30% 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. 14 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 Permit and 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 sound barrier shall consist of a plywood fence in the portion located on the Pier and chain link with plastic slats or screening along the remainder of the construction area's perimeter. The height of the fence in all locations 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. (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 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 the plywood fence to be installed along the south elevation 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 fence 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. 15 · 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 the same condition as they were prior to the demolition of the Boathouse building. Notwithstanding the above, the applicant shall install the path with a new design/location if requested to do so by the City, which shall be cost-equivalent to the replacement in-kind of the path. · A temporary pedestrian path as shown on the applicant's proposed mitigation plan 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 remain in its current location during construction and shall be wrapped within a solid frame to protect it from damage to the satisfaction of the City of Santa Monica City Planning and Community Development Department. City Planning and Community Development Department staff shall verify that the sign is intact and in good condition prior to issuance of a Certificate of Occupancy. . Signage for public convenience shall be posted as deemed necessary by the City. . After 9:00 A.M. Monday through Saturday, equipment shall only be allowed to be moved across the bike path five times daily for a maximum of two minutes per interruption. . All required permits shall be obtained from Los Angeles County authorities prior to any interruption to the bike path. 16 Movement of equipment across the bike path shall 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 structure and shall be compatible with the historic materials, size, scale, proportions, massing, context, design, color, and texture of the Pier and its environment. In addition, the new building shall retain the same orientation as the prevailing buildings in relationship to the Santa Monica Pier; that is, the front of the building shall face south and the rear of the building shall face north. 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. 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. 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. Prior to issuance of Building Permits, the plans shall be amended to add an elevator door on the exterior of the building at beach level in addition to interior access. 64. Prior to issuance of Building Permits, the project plans shall be amended consistent with the applicant's proposal to reflect that the restaurant's elevator is available for public access during all hours of the restaurant's operation. The 17 signage shall indicate that exterior access is available during daytime hours only. 65. Prior to issuance of Building Permits, the south elevation of the project plans shall be amended consistent with the applicant's proposal to reflect that a public notice board will be installed, subject to Landmarks Commission approval, that will display announcements and news to the public regarding activities on the Pier and at other City locations. Said notice board shall be maintained and updated on a regular basis. Monitoring of Conditions 66. 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. Certification of Environmental Impact Report 03-002 and Adoption of Statement of Overridin~ Considerations: VOTE Ayes: Nays: Abstain: Absent: Feinstein, Genser, Holbrook, Katz, McKeown, O'Connor, Mayor Bloom None None None Approval of 02DR-008, 02CUP-011 and 02RPP-001 : VOTE Ayes: Nays: Abstain Feinstein, Genser, Holbrook, Katz, McKeown, O'Connor, Mayor Bloom None None 18 Absent: None NOTICE If this is a final decision not subject to further appeal under the City of Santa Monica Comprehensive and Zoning Ordinance, the time within which judicial review of this decision must be sought is governed by Code of Civil Procedures Section 1094.6, which provision has been adopted by the City pursuant to Municipal Code Section 1.16.010. I hereby certify that this Statement of Official Action accurately reflects the final determination of the City Council of the City of Santa Monica. //iLrj3 Date I / F:\PLAN\SHARE\COUNCI L \STOAS\2003\03APP012 BG.doc 19