SR-402-008 (13)
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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
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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.
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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
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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.
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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.
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10. The proposed use would not be detrimental to the public interest, health, safety,
convenience, or general welfare, in that the proposed 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
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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
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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
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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 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
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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,
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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
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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.
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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.
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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
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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.
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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.
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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).
· 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.
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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
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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
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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
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