sr-032310-1cc7®
~;tYO, City Council Report
Santa Monica
City Council Meeting: March 23, 2010
Agenda Item: ~ ' ~
To: Mayor and City Council
From: Eileen P. Fogarty, Director of Planning and Community Development
Subject: Statement of Official Action Denying Appeal 09-012 of the Planning
Commission's Approval of Conditional Use Permit 08-015 and Variance
08-021 for The Parlor restaurant at 1519 Wilshire Blvd.
Recommended Action
Staff recommends that the City Council approve the attached Statement of Official
Action denying Appeal 09APP-012 and upholding the decision of the Planning
Commission to approve Conditional Use Permit 08-012 and Variance 08-021 for The
Parlor restaurant at 1519 Wilshire Blvd. with amended findings and conditions.
Executive Summary and Discussion
This staff report transmits for City Council certification of the Statement of Official Action
for Appeal 09APP-012. After holding a public hearing on March 9, 2010, the City
Council denied the Appeal and upheld the Planning Commission's approval of the
proposed project. The City Council's decision was based upon the amended findings
and conditions coritained in the attached Statement of Official Action.
Financial Impacts & Budget Actions
The recommendation presented in this report does not have any budget or fiscal impact.
Prepared by: Paul Foley, Principal Planner
Approved:
(een P~ogar~Ty irecte~`
Planning & Co unity Deve m t
Forwarded to Council:
-~~~~=
Rod Gould
City Manager
Attachments: A. Statement of Official Action
ATTACHMENT A
STATEMENT OF OFFICIAL ACTION
City of Santa Monica
City Planning Division
PROJECT INFORMATION
CASE NUMBER:. Appeal 09-012
LOCATION: 1519 Wilshire Blvd.
APPLICANT/
APPELLANT: John Makhani
PROPERTY OWNER: John Makhani
CASE PLANNER: Regina Szilak, Associate Planner
REQUEST: Appeal of Planning Commission approval, in part, of
Conditional Use Permit 08-015 and Variance 08-021 for
the expansion of The. Parlor restaurant located at 1519
Wilshire Blvd.
CEQA STATUS: The proposed project is exempt from the provisions of
the California Environmental Quality Act (CEQA),
pursuant to Section 15301 (Class 1), Existing Facilities,
of the State Implementation Guidelines in that the project
involves4he permitting of a second floor space, within an
existing building, for restaurant use with. no increase in
floor area to the building.
.CITY COUNCIL ACTION
March 9, 2010 Determination Date
Appeal denied .and Planning Commission approval of
Conditional Use Permit 08-015 and Variance 08-021 upheld
based on the following findings and subject to the modified
X conditions below:
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Appeals upheld and Planning Commission approval reversed
based upon the following findings:
Other:
EFFECTIVE DATES OF ACTIONS March 9, 2010
EXPIRATION DATE OF ANY PERMITS June 7, 2010
GRANTED:
LENGTH OF ANY POSSIBLE 30-days
EXTENSION OF EXPIRATION DATES*:
Any request for an extension of the expiration date must be received in the City
Planning Division prior to expiration of this permit.
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.
CONDITIONAL USE PERMIT FINDINGS
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", ih that SMMC Section
9.04.08.40.040 (a) provides that all uses listed as Conditionally Permitted Uses in
the C2 or underlying District may be permitted subject to the approval of a
Conditional Use Permit, and SMMC Section 9.04.10.18.020 provides that
existing alcohol outlets that undergo a substantial change in mode or character of
operation such as an increase of 10% in floor area or an increase of 25% of the
number of seats may be permitted subject to the approval of a Conditional Use
Permit.
2. The proposed use, as conditioned by the City Council, would not impair the
integrity and character of the district in which it is to be established or Jocated, in
that the Boulevard Commercial (C6) with Neighborhood Overlay (N) district
permits restaurants with more than 50 seats pursuant to the approval of a CUP.
As detailed below, conditions of approval have been imposed to remedy
detrimental operational issues associated with the current restaurant, including
conditions addressing seating capacity, patron behavior, hours of operation,
games,. including those involving alcohol consumption, security; parking and
traffic, and compliance review. Subject to these conditions, the approved
restaurant, would be consistent with and complementary to other uses in the
area.
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More specifically, these conditions include Condition #2 which requires the
restaurant to close at 11:00 pm Sunday through Thursday nights and 12:00 am
Friday and Saturday nights, Condition #4 which limits the total number of seats
on the ground floor to 135 while authorizing an additional 40 dining seats on this
floor if adequate additional off-site parking is identified in a parking plan approved
by the .Director of Planning, Condition #17 which requires a security plan
approved by the Police Department and provides for annual monitoring for a five
year period, Condition #21 which prohibits games or amusement associated with
alcohol consumption, Condition #23 which limits the number of video games and
amusements to three, Condition. #30 which requires valet parking during all
restaurant hours of operation, and Condition #39 which requires the applicant to
submit a report to the City addressing compliance with permit conditions within
180 days of .permit approval with the report reviewed by the Planning
Commission at a noticed public hearing.
In contrast, in light of public testimony at the public hearing and the written
correspondence regarding the adverse impacts on the neighborhood from the
restaurant's current operation, including excessive noise associated with the
establishment, unruly behavior. of patrons leaving the restaurant, including
profanities, drunkenness, urination, trash, and vandalism, and parking and traffic
issues in the neighborhood, the City Council, on appeal, found that the
applicant's proposed restaurant of 225 seats, operating hours from 11:30 am to
2:00 am daily, valet parking available only between 5:00 pm and closing daily,
and the inclusion of numerous video games and amusements in the
establishment would impair the integrity and character of the district.
3. The subject parcel is physically suitable for the type of land use being proposed,
in that the building was constructed as a two-story structure and since 1981.,
when in operation, the subject parcel has only been used as a restaurant,
provided that the requisite off-site parking is maintained.
4. The proposed use, as conditioned, is compatible with any of the land uses
presently on the subject parcel if the present land uses are to remain, in that the
site currently operates as a restaurant with more than 50 seats. However, given
the fundamental change in the nature of the restaurant operation from the
previous restaurant, conditions of approval further ensure that the restaurant
operates in a harmonious manner with the other land uses; by imposing
conditions addressing seating capacity, patron behavior,. hours of operation,
games, including those involving alcohol consumption, security, parking and
traffic, and compliance review.
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 Ordinance conditionally permits restaurants in the
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neighborhood overlay district. Afull-service restaurant on Wilshire Boulevard is
compatible with permitted uses and other existing restaurant and commercial
uses in the area. The conditions of approval will ensure that the use operates in
a harmonious manner with the adjacent land uses and will not create any
alcohol-related problems in the area.
As detailed below, conditions of .approval have been imposed to remedy
detrimental operational issues associated with the current restaurant, including
conditions addressing seating capacity, patron behavior, hours of operation,
games, including those involving alcohol consumption, security, parking and.
traffic, and compliance review. Subject to these conditions, the approved
restaurant, 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.
More specifically, these conditions include Condition #2 which requires the
restaurant to close at 11:00 pm Sunday through Thursday nights and 12:00 am
Friday and Saturday nights, Condition #4 which limits the total number of seats
on the ground floor to 135 while authorizing an additional 40 dining seats on this
floor if adequate additional off-site parking is identified in a parking plan approved
by the Director of Planning, Condition #17 which requires a security plan
approved by the Police Department and provides for annual monitoring fora five
year period, Condition #21 which prohibits games or amusement associated with
alcohol consumption, Condition #23 which limits the number of video games and
amusements to three, Condition #30 which requires valet parking during all
restaurant hours of operation, and Condition #39 which requires the applicant to
submit a report to the City addressing compliance with permit conditions within
180 days of permit approval with the report reviewed by the Planning
Commission at a noticed public hearing.
In contrast, in light of public testimony at the public hearing and the written
correspondence regarding the adverse impacts on the neighborhood from the
restaurant's current operation, including excessive noise associated with the
establishment, unruly behavior of patrons leaving the restaurant, including
profanities, drunkenness, urination, trash, and vandalism, and parking and traffic
issues in the neighborhood, the City Council, on appeal, found that the
applicants proposed restaurant of 225 seats, operating hours from 1.1:30 am to
2:00 am daily, valet parking available only between 5:00 pm and closing daily,
and the inclusion of numerous video games .and amusements in the
establishment would not be compatible with existing and permissible land uses.
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 in that the site is located in an urbanized area
adequately served by existing infrastructure.
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7. Public access to the proposed use will be adequate, in that the valet service, as
conditioned, will operate auto drop-off and pick-up from Wilshire Boulevard, (an
arterial street) and in addition pedestrian access is via Wilshire Boulevard.
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 expansion of
the full-service restaurant, as approved under this CUP, will provide a floor plan
and operational conditions for the restaurant use which currently do not exist. In
additioh, the Land Use Element of the General Plan specifically encourages day
and night pedestrian activity along Wilshire Boulevard by establishing uses
oriented to walk-in traffic such as restaurants.
9. The proposed use is consistent with the goals, objectives, and policies of the
General Plan, in that Land Use Element Objective 1.6 calls for commercial -uses
which serve regional, community and local needs along the City's commercial
corridors while respecting the adjacent residential neighborhoods. Through the
incorporation of the conditions of approval, the project is also consistent with
Policy 1.7, which calls for the protection ahd expansion of uses within the
.neighborhood commercial areas. of the. City that provide for the day-to-day
shopping and service needs of nearby residents and Land Use Element Policy
1.7.2 which calls for preserving the concentration of ground-level, street-front
neighborhood commercial uses on Wilshire Boulevard from 12th to 16th Streets.
10. The proposed use would not be detrimental to the public interest, health, safety,
convenience, or general welfare, in that the proposed use, as conditioned,. is
consistent with the Zoning Ordinance and the Land Use Element of the General
Plan, and alcohol specific conditions have been added to mitigate any potential
adverse impacts.
As detailed below, conditions of approval have been imposed to remedy
detrimental operational issues associated with the current restaurant, including
conditions addressing seating capacity, patron behavior, hours of operation,
games, including those involving alcohol consumption, security, parking and
traffic, and compliance review. Subject to these conditions, the. approved
restaurant, would not be detrimental to the public interest, health, safety,
convenience or general welfare.
More specifically, these conditions include Condition #2 which requires the
restaurant to close at 11:00 pm Sunday through Thursday nights and 12:00 am
Friday and Saturday nights, Condition #4 which limits the total number of seats
on the ground floor to 135 while authorizing an additional 40 dining seats on this
floor if adequate additional off-site parking is identified in a parking plan approved
by the Director of Planning, Condition #17 which requires a security .plan
approved by the Police Department and provides for annual monitoring for a five
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year period, Condition #21 which prohibits games or amusement associated with
alcohol consumption, Condition #23 which limits the number of video games and
amusements to three, Condition #30 which requires valet parking during all
restaurant hours of operation, and Condition #39 which requires the applicant to
submit a report to the City addressing compliance with permit conditions within
180 days of permit approval with the report reviewed by the Planning
Commission at a noticed public hearing.
In contrast, in light of public testimony at the public hearing and the written
correspondence regarding the adverse impacts on-the neighborhood from the.
restaurant's current operation, including excessive noise associated with the
establishment, unruly behavior of patrons leaving the restaurant, including
profanities, drunkenness, urination, trash, and vandalism, and parking and traffic
issues in the neighborhood, the City Council, on appeal, found that the
applicant's proposed restaurant of 225 seats, operating hours from 11:30 am to
2:00 am daily, valet parking available only between 5:00 pm and closing daily,
and the inclusion of numerous video games and amusements in the
establishment would be detrimental to the public interest, health, safety,
convenience, or general welfare.
11. The proposed use conforms precisely to the applicable performance standards
contained in Subchapter 9.04.12 and special conditions outlined in. Subchapter
9.04.14 of the City of Santa Monica Comprehensive Land Use and Zoning
Ordinance, in that a performance standards permit is not required for the
proposed use.
12. The proposed use will not result in an over concentration of such uses. in the
immediate vicinity, in that there are two Type-41 public eating places within a
500-foot radius, which is not considered an over concentration for a commercial
corridor such as Wilshire Boulevard. The proposed alcohol license will be for a
full-service restaurant which is located in a district that encourages commercial,
regional and neighborhood serving uses and activities. The general vicinity is
frequented by large numbers of local residents as well as hospital workers,
shoppers, and visitors from outside the City. The proposed use as conditioned
will minimize impacts and intrusions into any adjacent residential neighborhoods.
The proposed use will not contribute to an undue concentration of alcohol outlets
in the area in that the proposed the proposed project is an expansion of an
existing restaurant with aType-47 alcohol license so no new alcohol licenses
results from the project:
ALCOHOL OUTLET FINDINGS
1. The proposed use, as conditioned, will not adversely affect the welfare of
neighborhood residents in a significant manner in that when in operation since
1981, the existing use has been a restaurant that serves alcoholic beverages.
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The State Alcohol Beverage Control (ABC) issued a Type 47-alcohol license for
the restaurant's change of ownership in 2007. Alcohol sales will be ancillary to
the primary restaurant use. Conditions of approval have been added to mitigate
potential impacts associated with alcohol consumption.
As detailed below, conditions of approval have been imposed to remedy
detrimental operational issues associated with the current restaurant, including
conditions addressing seating capacity, patron behavior, hours of operation,
games, including those involving alcohol consumption, security, parking and
traffic, and compliance review. Subject to these conditions, the approved
restaurant, would not adversely affect the welfare of neighborhood residents in a
significant manner, and would be consistent with and complementary to other
uses in the area.
More specifically, these conditions include Condition #2 which requires the
restaurant to close at 11:00 pm Sunday through Thursday nights and 12:00 am
Friday and Saturday nights, Condition #4 which limits the total number of seats
on the ground floor to 135 while authorizing an additional 40 dining seats on this
floor if adequate additional off-site parking is identified in a parking plan approved
by the Director of Planning, Condition #17 which requires a security plan
approved by the Police Department and provides for annual monitoring for a five
year period, Condition #21 which prohibits games or amusement associated with
alcohol consumption, Condition #23 which limits the number of video games and
amusements to three, Condition #30 which requires valet parking during all.
restaurant hours of operation, and Condition #39 which requires the applicant to
submit a report to the City addressing compliance with permit conditions within
180 days of permit approval with the report reviewed by the Planning
Commission at a noticed public hearing.
In contrast, in light of public testimony at the public hearing and the written
correspondence regarding the adverse .impacts on the neighborhood from the
restaurant's current operation, including excessive noise associated with the
establishment, unruly behavior of patrons leaving the restaurant, including
profanities, drunkenness, urination, trash, and vandalism, and parking and traffic
issues in .the neighborhood, the City Council, on appeal, found .that the
applicant's proposed restaurant of 225 seats, operating hours from 11:30 am to
2:00 am daily, valet parking available only between 5:00 pm and closing daily,
and the inclusion of numerous video- games and amusements in the
establishment would adversely affect the welfare of neighbdrhood residents in a
significant manner
2. The proposed use will not contribute to an undue concentration of alcohol outlets
in the area in that the proposed project is an expansion of an existing restaurant
with aType-47 alcohol license so no new alcohol licenses results from the
project.
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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, in that there are no nearby churches, schools,
hospitals or playgrounds and the conditions for approval imposed by the City
Council, such as the hours of operatioh and compliance with the provisions of the
Noise Ordinance, will minimize the potential affect on residential uses in the
vicinity. The Community and Cultural Services Department has reviewed the
project and has indicated no comments or objections to the proposal.
As detailed below, conditions of approval have been imposed to remedy
detrimental operational issues associated with the current restaurant, including
conditions addressing seating capacity, patron. behavior, hours of operation,
games, including those involving alcohol consumption, security, parking and
traffic, and compliance review. Subject to these conditions, the approved
restaurant, would be consistent with and complementary to other uses in the
area.
More specifically, these conditions- include Condition #2 which requires the
restaurant to close at 11:00 pm Sunday through Thursday nights and 12:00 am
Friday and Saturday nights, Cohdition #4 which limits the total number of seats
on the ground floor to 135 while authorizing an additional 40 dining seats on this
floor if adequate additional off-site parking is identified in a parking plan approved
by the Director of Planning, Condition #17 which requires a security plan
approved by the Police Department and provides. for annual monitoring for a five
year period, Condition #21 which prohibits games or amusement associated with
alcohol consumption, Condition #23 which limits the number of video games and
amusements to three, Condition #30 which requires valet parking during all
restaurant .hours of operation, and Condition #39 which requires the applicant to
submit a report to the City addressing compliance with permit conditions within.
180 days of permit approval with the report reviewed by the Planning
Commission at a noticed public hearing.
In contrast, in light of public testimony at the public hearing and the written
correspondence regarding the adverse impacts on the neighborhood from the
restaurant's current operation, including excessive noise associated with the
establishment, unruly behavior of patrons leaving the restaurant, including
profanities, drunkenness, urination, trash, and vandalism, and parking and traffic
issues in the neighborhood, the City Council, on appeal, found that the
applicant's proposed restaurant of 225 seats, operating hours from 11:30 am to
2:00 am daily, valet parking available only between 5:00 pm and closing daily;
and the inclusion of numerous video games and amusements in the
establishment would detrimentally affect nearby neighborhoods.
4. The proposed use is compatible with existing and potential uses within the
general area in that the Zoning Ordinance conditionally permits restaurants
permitting alcoholic beverages. Afull-service restaurant with ancillary alcohol
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service on .Wilshire Boulevard is compatible with permitted uses and other
existing restaurant and commercial uses in the area. To address the fundamental
change. in the nature of the restaurant operation from the previous restaurant
uses, conditions of approval will ensure that the use operates in a harmonious
manner with the adjacent land uses and will not create any alcohol-related
problems in the area.
5. Traffic and parking congestion will not result from the proposed use in that the
applicant is required to operate a valet parking program that will meet the
demand generated by the proposed restaurant. Further, after cohsidering public
testimony expressing significant concerns regarding patron parking in the
neighborhood and associated noise impacts, the City Council added Condition
#27 which establishes a $2 maximum charge for the valet parking to ensure
broad use of the off-site parking facility and Condition #30 to ensure that valet
parking is available during all restaurant operating hours. It is also anticipated
that customers will visit the proposed restaurant in addition to other destinations
in the area and utilize transit or nearby public parking facilities, such as City
Parking Lot 8, just behind the existing restaurant.
6. The public health, safety, and general welfare are protected in that the project is
consistent with the provisions of the Zoning Ordinance, and the Land Use
Element of the General Plan, which encourage pedestrian oriented uses such as
restaurants along Neighborhood overlay zone of Wilshire Boulevard and
conditions of approval have been incorporated to minimize adverse impacts on
nearby land uses.
7. No harm to adjacent properties will result in that the conditions of approval with
this approved Conditional Use Permit will ensure that the establishment operates
in a manner which protects adjacent neighbors, whereas the current restaurant
has no such conditions.
8. The proposed use is consistent with the goals, objectives, and policies of the
General Plan, in that Land Use Element Objective 1.6 calls for commercial uses
which serve regional, community and local needs along the City's commercial
corridors while respecting the adjacent residential neighborhoods. Through the
incorporation of the conditions of approval, the project is also consistent with
Policy 1.7, which calls for the protection- and expansion of uses within the
neighborhood commercial areas of the City that provide for the day-to-day
shopping and service needs of nearby residents and Land Use Element Policy
1.7.2 which calls for preserving the concentration of ground-level, street-front
neighborhood commercial uses on Wilshire Boulevard from 12th to 16th Streets.
VARIANCE FINDINGS
1. There are special circumstances or exceptional characteristics applicable to the
property involved, including size, shape, topography, location, or surroundings, or
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to the intended use or development of the property that do not apply to other
properties in the vicinity under an identical zoning classification. Specifically, the
site is improved with an existing two-story commercial building with no space
available for on-site parking. In 1981, a restaurant use with alcohol service was
authorized with the approval of a parking variance (ZA #4321-y).
2. The granting of such variance will neither be detrimental nor injurious to the
property or improvements in the general vicinity and district in which the property
is located in that the proposed valet program will- meet the parking demand
generated by the proposed restaurant. Further, after considering public testimony
expressing significant concerns regarding patron parking in the neighborhood
and associated noise impacts and unruly patron behavior, the City Council, on
appeal, added Condition #27 which establishes a $2 .maximum charge for the
valet parking to ensure broad use of the off-site parking facility and Condition #30
to ensure that valet parking is available during all restaurant operating hours. It
is also anticipated that the parking demand will be further reduced since patrons
will visit the proposed restaurant in addition to other destinations along the
Wilshire Boulevard corridor, given the character of the area as both a
neighborhood and regional destination. for those using the UCLA Santa Monica
Hospital across the street. Consequently, both transit or nearby public parking
facilities within the Boulevard Commercial District will be utilized to support
patron transportation needs. City Public Parking Lot 8, in fact, is located behind
the subject property and includes 23 metered parking spaces that can
accommodate. customer who wish to self park.
Condition #29 requires the restaurant operator to provide an annual report to the
City's Planning Division or Transportation Management Division, which provides
documentation of a lease agreement for at least 48 off-site parking spaces, a
valet service agreement and permits via the City, and additional information such
as quantifiable data associated with the ongoing demand and management of
the off-site parking and any efforts by the applicant to provide transportation
demand management for their employees to reduce the demand for parking.
3. The strict application of the provisions of this Chapter would result in practical
difficulties or unnecessary hardships, not including economic difficulties or
economic hardships in that there is no on-site parking spaces and the parking
variance, with specific conditions including the provision of off-site parking during
all operational hours, would allow the continued use of the restaurant at the site,
given the current use has not ceased operations and denial of the variance would
require the closure of the existing restaurant.
4. The granting of a variance will not be contrary to or in conflict with the general
purposes and intent of this Chapter, nor to the goals, objectives, and policies of
the General Plan. Objective 1.6 which calls for commercial uses which serve
regional, community and local needs along the City's commercial corridors while
respecting the adjacent residential neighborhoods. Additionally, the proposed
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project is consistent with Land Use Element Objective 1.7 which calls for the
protection and expansion of uses within the neighborhood commercial areas of
the City that provide for the day-to-day shopping and service needs of nearby
residents and Policy 1.7.2 which calls for preserving the concentration of ground-
level, street-front neighborhood commercial uses on Wilshire Boulevard from 12th
to 16th Streets.
Circulation Element Policy 4.75 allows the reduction in parking requirements for
...."existing" development in accordance with .approved transportation control
measures which have been demonstrated to be effective in reducing parking
needs and which are monitored and enforced by the City Policies.
5. The variance would not impair the integrity and character of the district in which it
is to be located in that, beginhing in 1981, there have been restaurant operations
without on-site parking at the site and the proposed valet program will encourage
patrons and employees to take advantage of the off-site parking available via a
valet operator. In addition, the lack of on-site parking will promote alternate
.modes of transit to the site, thereby reducing the amount of vehicular trips and
parking demand within the" area. The transportation demand plan "will help
increase the use of public transit and bicycles, supporting the pedestrian
character of the district. To ensure the reduction of restaurant parking demand,
staff has included condition of approval regarding the valet operation (Condition
No. 30).
6. The subject site is physically suitable for the proposed variance in that the site is
improved with an existing two-story commercial building that has been operated
as a restaurant.
7. There are adequate provisions for water, sanitation, and public utilities and
services to ensure that the proposed variance would not be detrimental to public
health and safety in that the subject property is located within a developed
urbanized environment that is adequately served by existing infrastructure, public
utilities and services. It is not anticipated that approval of the subject application
will create a need for additional utilities or services.
8. There will be adequate provisions for public access to serve the subject variance
proposal. in that in that although there is no vehicular access provided directly
onto the site and no on-site parking available, the project site is served by
Wilshire Boulevard which provides pedestrian access to the site. In addition, the
area is served by the Big Blue Bus.
9. For the reduction of the automobile parking space requirements, the reduction is
based and conditioned upon an approved parking reduction plan that
incorporates transportation control measures that have been demonstrated to be
effective in reducing parking needs and that are monitored, periodically reviewed
for continued effectiveness, and enforced by the-City. Specifically, Condition No.
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28 requires that the proposed Transportation Demand Management program be
implemented to reduce the parking demand and the amount of vehicular trips
within the area generated by the proposed restaurant. The program may provide
incentives for both employee and customers to use alternate modes of
transportation other than private vehicle to the restaurant, including free transit
passes for employees and complementary meals to customers. This
requirement is intended to limit the potential impacts that restaurants have on
nearby residential neighborhoods, ihcluding the associated parking and
circulation effects. Therefore, this requirement acts as a transportation control
measure in that it limits traffic-generating uses that may negatively affect nearby
residents and the district.
10. The strict application of the provisions of this Chapter would result in
unreasonable deprivation of the use or enjoyment of the property in that due to
the existing improvements, practical use or enjoyment of the subject parcel would
not be possible due to the inability to provide the additional parking spaces
required by code on-site for a parcel that has noon-site parking. Restaurant
uses were originally approved at the site with off-site parking in 1981, and such
use as conditioned is a compatible use within the district.
CONDITIONS OF APPROVAL:
PLANNING AND COMMUNITY DEVELOPMENT
Project Specific Conditions
1. This approval is for a Type 47 (On Sale General -Eating Place) alcohol license.
only. Any .request to modify the license type shall require approval from the
Planning Commission.
2. The permitted restaurant hours open for business to the public shall be from
11:00 AM to 11:00 PM Sunday through Thursday; 11:00 AM to 12:00 AM
(Midnight) Friday and Saturday. Complete closure and all employees must
vacate the premises from one hour after closing, daily. No after hours operation
shall be permitted.
3. No exterior activity such as trash disposal, deliveries or other maintenance
activity generating noise audible from the exterior of the building shall occur
from one hour after closing to 6:00 AM. In addition, there shall be no disposal of
bottles or noise generating trash between 11:00 PM and 6:00 AM daily. Trash
containers shall be secured with locks.
4. Seating arrangements for sit-down patrons on the first floor shall not exceed 135
total seats. An additional 40 dining seats may be provided on the first floor if
additional off-site parking spaces are provided subject to a parking plan
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approved by the Director of Planning in accordance with Condition #29. No
seats are permitted on the second floor.
5. No more than 35% of total gross revenues per year shall be from alcohol sales.
The operator shall maintain records of gross revenue sources which shall be
submitted annually to the City of Santa Monica City Planning Division at the
beginning of the calendar year and also available to the City of Santa Monica
and the State ABC upon request.
Alcohol Outlet Conditions
6. 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.
7. The applicant shall patrol the neighborhood to monitor patron behavior and pick
up any trash left behind by patrons. The route the staff patrols and the
frequency of the patrols shall be approved by the City's Planning Division and
maintained as part of the site operational plan until such time as the City may
deem the patrols unnecessary.
8. No alcoholic beverage shall be sold for consumption beyond the premises.
9. The establishment shall maintain. a kitchen or food-serving area in which a
variety of food is prepared and cooked on the premises.
10. The establishment shall serve food to patrons during all hours the establishment
is open for customers.
11. Customers shall be permitted to order meals at the bar areas at all times the bar
or restaurant is open for business.
12. A building permit shall be obtained to remove the doors leading to the 2nd floor
roof deck, or these doors shall be made into a window so that patron access to
the roof would not occur. In addition, subject to review by the Architectural
Review Board (ARB) or staff ARB approval if applicable, a building permit shall
be obtained to close the open air portion of the 2"d floor veranda that faces
Wilshire Boulevard with double pane window glass or another suitable
architectural treatment that would lessen the noise emanating from the
premises.
13. Any minimum purchase requirement may be satisfied by the purchase of
beverages or food.
14. Take out service shall be only incidental to the primary sit-down use.
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15. The operation shall at all times be conducted in a manner not detrimental to
surrounding properties or residents by reason of lights, rioise, activities, parking
or other actions.
16. The owner shall control noisy patrons leaving the restaurant.
17. Prior to final inspection or commencement of alcohol service, a security plan
shall be submitted by the operator and reviewed and approved by the Chief of
Police or his/her designee.. The plan shall address both physical and operational
security issues. The approved security plan shall be reviewed by the Chief of
Police or-his/her designee annually for a five (5) year period commencing one
(1) year from the date that both permits are exercised.. The Chief of Police or
his/her designee may require subsequent modifications to the security plan if the
plan fails to control adverse impacts on the neighborhood.
18. Prior to final inspection, commencement of alcohol service, or within 30 days of
the CUP approval, the operator shall submit a plan for approval by the Director
of Planning and Community Development regarding employee alcohol
awareness training programs and policies. The plan shall outline a mandatory
alcohol awareness training program for all employees having contact with the
public and shall state management's policies addressing- alcohol consumption
and inebriation. The program shall require all employees having contact with
the public to complete a California Department of Alcoholic Beverage Control
(ABC) sponsored alcohol awareness training program within 90 days of the
effective date of this approval. In the case of new employees, the employee
shall attend the alcohol awareness training within 90 days of hiring. In the event
the ABC no longer sponsors an alcohol awareness training program; all
employees having contact with the public shall complete an alternative program
approved by the Director of Planning and Community Development. The
operator shall provide the City with an annual report regarding compliance with
this condition. This project shall be subject to any future City-wide alcohol
awareness training program condition affecting similar establishments.
19. Prior to final .inspection or commencement of alcohol service or issuance of a
business license, the operator shall 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.
20. Except for special events, alcohol shall not be served in any disposable
container such as disposable plastic or paper cups.
21. There shall be no games or amusements which involve or are based on the
consumption of alcohol
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22. No dancing, dance floor, or live entertainment beyond that allowed in the
restaurant definition contained in the Zoning Ordinance shall be permitted on the
premises. There. shall be no cover charge or related minimum drink purchase
requirement.
23. The establishment shall not operate as a game arcade per Santa Monica
Municipal Code Section 9.04.02.030.325 (Game Arcade). A maximum of three
games, video games or other amusements are permitted under this definition on
the premises.
24. Window or other signage visible from the public right-of-way that advertises beer
or alcohol shall not be permitted.
25. Applicant is on notice that all temporary signage is subject to the restrictions of
the City sign ordinance.
26. The project shall at all times comply with the provisions of the Noise Ordinance
(SMMC Chapter 4.12).
Parking Variance Conditions
27. The maximum charge to valet a vehicle for customers is $2 dollars.
28. The. applicant shall-work with the. City's Transportation Management Division to
create a specific transportation demand management program for the
employees of the restaurant. The goal of this management program is to
reduce the employees Average Rider Vehicle (ARV) trips to and from their place
of work.
29. Off-site parking shall be provided through a parking plan approved by the
Director of Planning. The restaurant operator shall provide an annual report due
October 15t of each year to the City's Planning Division or Transportation
Management Division, which provides documentation of a lease agreement for
at least 48 off-site parking spaces during all operational hours, a valet service
agreement during all operating hours and approved valet permits issued by the
City, and additional information such as quantifiable data associated with the
ongoing demand and management of the off-site parking and any efforts by the
applicant to provide a transportation demand management program for their
employees to reduce the demand for parking.
The transportation demand management program may include the following:
. Transportation Information: The applicant will provide on-site information for
employees and customers about transit services (including ride share
programs. and shuttles) and bicycle facilities (including routes and parking).
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• Free Transit Passes for Employees. The applicant will provide all of its
employees who commit to transit use each month an EZ Transit Pass through
the Santa Monica Big Blue Bus or Metro program (or a similar bus pass if the
EZ Transit Pass is no longer available).
• The applicant will provide bicycles to all employees who commit to riding to
work on a regular basis, and will provide bicycle parking/storage on-site.
• The applicant will provide a cash incentive to employees who carpool to work
on a regular basis in an amount equal to a monthly transit pass.
• The applicant will encourage customers to use public transit, bicycles; or walk
to the restaurant through various incentives, including conducting a weekly
drawing to offer a complementary meal for those individuals that use such
alternate modes of transit to the restaurant (random selection from names
collected), or through incentives of similar effectiveness as may be designed
and implemented periodically.
The operator may expand the first floor seating up to an additional 40 dining
seats pursuant to Condition #4, if additional 'off-site parking spaces are
provided at a ratio of 1 parking space per 4 seats in accordance with a parking
plan approved by the Director of Planning.
30. The valet operator shall at all times conduct the vehicle transport services
between the site and the off-site parking lease area in a manner that protects the
adjacent neighbors from nuisance,- including excessive noise, and adherence to
the rules and conditions of the City's approved valet permit. The valet service
shall operate daily from the restaurant's opening to closing. The valet parking
operation shall be subject to -the review and approval of the Transportation
Management Division (TMD).
31. The Santa Monica Building and Safety Division and Fire Department (SMFD)
shall review the restaurant's occupancy load to ensure compliance with existing
Codes.
32. The applicant authorizes the reasonable City inspection of the property to ensure
compliance with the conditions of approval imposed by the City in approving this
project and will bear the reasonable cost of these inspections as established by
Santa Monica Municipal Code Section 2.72.010 and Resolution No. 9905(CCS)
or any successor legislation thereto. These inspections shall be no more
intrusive than necessary to ensure compliance with conditions of approval.
Administrative
33. .The approval of these permits shall expire if the rights granted are not exercised
within ninety days from the permits' effective date. Exercise of rights shall mean
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actual commencement of the use granted by both permits, which rights are not
severable. One thirty-day extension may be permitted if approved by the
Director of Planning. Applicant is on notice that time extensions shall 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.
34. Within ten days of City Planning Division transmittal of the Statement of Official
Action, project applicant shall sign and return a copy of the Statement of Official
Action prepared by the 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.
Planning Division. Failure to comply with this condition shall constitute .grounds
for potential permit revocation.
35. 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.
36. Prior to-final inspection, the applicant shall post a notice at the building entry
stating that the site is regulated by a Conditional Use Permit and the Statement
of Official Action, which includes the establishment's conditions of approval, is
available upon request. This notice shall remain posted at all times the
establishment is ih operation,
37. 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.
38. 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.
Conformance with Approved Plans
39. The applicant .shall provide within 180-days of the exercise of rights of the
Conditional Use Permit and Variance,. a detailed report to staff on compliance.
with the operational conditions of these permits. Demonstrated compliance with
Condition #5 (gross alcohol sales) shall be included in the compliance report.
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This report shall be evaluated by staff, and subsequently presented to the
Planning Commission at a noticed public hearing.
40. This approval is for those plans dated April, 2009, as modified by these
conditions, 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
41. 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, and increase of
seating, or a significant change in the approved concept shall be subject to
Planning Commission Review. Construction shall be insubstantial 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.
42. The Plans shall comply with all other provisions of Article IX of the Municipal
Code, (Zoning Ordinance) and all other pertinent ordinances and General Plan
policies of the City of Santa Monica.
Standard Conditions
43. 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.
VOTE
Ayes: Councilmembers Bloom, Davis, McKeown, O'Day, Mayor Pro Tem
O'Connor
Nays: None
Abstain: None
Absent: Councilmembers Holbrook, Shriver
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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
_~ etermination of the City Council of the City of Santa Monica.
~~~ ~ ~- 3 -apt- ~ o
MARIA M. STEW RT, City Clerk Date
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