sr-091179-7aSanta Monica, California, August 27, 1979
TO: The Mayor and City Council
FROM: City staff $EP ~ f 1971
SUBJECT: Appeal, Conditional Use Permit No. 279 U.P., Extension
of Non-conforming Use, 1802-1810 Ocean Avenue, R4
Edward I. Stepner, appellant.
Introduction
This report includes staff analysis and recommendations on an
appeal by Edward I. Stepner from the Planning Commission's de-
cision to permit a former union hall at 1810 Ocean Avenue to be
expanded and converted to a restaurant for a period of ten years.
Background
The property involved consists of a 2000 sq. ft. building on a
7000 sq. ft. site on the westerly side of Ocean Avenue approxi-
mately half a block north of Pico Boulevard. Also on the same
property is a small 450 sq. ft. coffee shop which operates only
half a day. Eight parking spaces are provided. The property is
in the R4 District and became non-conforming in 1973 when the
25 year moratorium on commercial building in residential district
expired. An extension was subsequently granted by the Planning
Commission pending resolution of the Coastal plan. The union hall
has since been vacated but the small coffee shop remains in busi-
ness. The surrounding area is characterised by motel and hotel,
residential and incidental commercial uses. Immediately to the
south is the appellant's Cheerio Restaurant and. parking lot.
SEP i i 1979
r4ayor and City Council
- 2 - August 27, 1979
On June 18th PQichael Higgins and Donald DeLOng applied for a
Conditional Use Permit to convert the existing vacant building
into a 48 seat English pub type restaurant including a 462 sq.
ft. addition for restrooms; a freezer;. and storage, maintaining
8 parking spaces. On August 6, 1979 the Planning Commission
granted the application for a period of 10 years on condition that
the occupancy be limited to 48 persons, that the hours of operation
for the coffee shop and restaurant overlap by no more than one hour
and that the restaurant be operated in a manner not detrimental
to adjacent properties. On August 15th the matter was appealed
by Mr. Stepner, one of the adjacent property owners.
Alternatives
Under Section 9148 of the Santa Monica Municipal Code, a non-
conforming use may be extended on issuance of a Conditional Use
Permit by the Planning Commission and the City Council, upon appeal,
may affirm, reverse or modify any determination of the Planning
Commission and the City Council's decision shall be final. The
Council may therefore grant the appeal and overrule the Planning
Commission, deny the appeal and affirm the Commission's action or
deny the appeal and affirm the Commission's action with such
modifications as they belive indicated.
The basis for the appeal is that the project as proposed lacks
sufficient off-street parking to meet zoning requirements. Under
current zoning regulations, a restaurant of 50 seats or less must
provide one square foot of parking for each square foot of floor
area or one space per 300 sq. ft. of floor area. In this instance
Mayor and City Council - 3 - August 27, 1979
the total floor area will be less than 3000 sq. ft. and 4000
sq. ft. of parking area is provided. 6^Tere both the restaurant
and coffee shop to be operated during the same hours, the total
seating would be approximately 56, requiring ll spaces rather
than the 8 spaces or 4000 sq. ft. of parking provided. The Planning
Commission technically eliminated'-.this possibility by prohibiting
simultaneous .operation other than during a one hour period from
11 to 12 in the morning. Other than for this brief period the
operation is in compliance with .current parking requirements.
The major discretionary action involved the extension of a non-
conforming use for a period of 10 years. Technically, as a non-
comforming use, the property is subject to cessation and demoli-
tion. Inasmuch as it is within the Coastal zone, the Local Coastal
Plan is currently being developed and ultimate future uses for
this area will very likely include visitor oriented activities
similar to that proposed, the Planning Commission's decision is
in accordance with good zoning practice, compatible with future
uses and consistent with existing developments in the immediate
area.
Recommendation
It is respectfully recommended that the appeal be denied and the
determination of the Planning Commission upheld.
Prepared by; James Lunsford
JL:bt
~.~ - JuyG
August 15, 1979
City of Santa Monica
Planning Department
Appeals Division
City Hall
1685 Main Street
Santa Monica, California
Re: Conditional Use Permit #: 279U.P./Property address
1802-1810 Ocean Avenue
.Santa Monica, California
Gentlemen:
I write at this time to appeal the granting of a conditional
use permit relative to the above property which conditional
use permit was granted at a hearing on Monday, August 6, I979.
In telephone conversations with your office I have been
advised that the proper procedure for formalizing an appeal
is to submit a letter of appeal together with a check in the
sum of $75.00, which is also enclosed.
The basis on which this appeal is filed is that it does not
appear to me that sufficient provision for on-premises parking
have been provided pursuant to the City of Santa Monica
Parking Ordinances. It is my further understanding that at. the
initial hearing on this matter the issue of parking was raised
and discussed in some detai L
It is my understanding further that at the hearing on the
initial application it was determined that the existing build-
ing of approximately 2,000 square feet would remain essentially
intact and that 492 square feet of new construction would be
added. Further, that the existing coffee shop known as "Cora"
comprising approximately 450 square feet of gross floor area
was included in the lease signed by the applicant with the
property owner. Thus it appears that the applicants will have
approximately 2,942 square feet of gross floor area when their
anticipated project is completed and that they have provided
a total of 8 parking spaces on the premises.
My understanding of the parking requirements are that in a
building of 8,000 square feet gross floor area or less, the
applicant will have two alternatives with respect to parkingg
1. He could provide one square foot of parking area far each
.square foot of gross floor area or, 2. One parking space for
each 300 square feet of gross floor area. It is apparent,
Page 2
that if the applicant chose the provisions of the second
alternative that the eight parking spaces provided could
service a building of only 2,400 square feet of gross floor
area.
While I do not have the exact measurements of the proposed
individual parking spaces it is my understanding that the
.minimum size per space allowable is 8 1/2 feet wide by
T9 feet long or approximately 161.5 square feet. This square
footage multiplied by the total number of spaces provided
comes to approximately 1,292 square feet and is therefore not
sufficient to service the proposed gross floor area of the
project.
Based ugon the above as well as for other reasons which I
understand were presented in opposition at the Planning
Commissions meeting, I urge that the application for a condition-
al use permit. previously granted. be reviewed on appeal and
that the granting of the application be withdrawn and thereafter
denied.
ESejc
t,l 1 1 v ii#~
i .. T
CALIFORNIA
DEPARTMENT OF CITY PLANNING
Room 212 City Hall
1685 Main Street
Santa Monica, California. 90401
393-9975
Auqust 14, 1979
Bettie J. 14oberl_v
P.O. Box 3404
Santa Monica, Calif. 90403
Dear 2Rs. Moberly:
.. - ;,~..
Your letter regarding the Conditional Use Permit to convert
the former union hall at .1810 Ocean Avenue to a restaurant was
received on August 10th and has been directed to the City Council.
I am sorry that the notice did not reach you in time for you to
respond prior to the Planning Commission meeting.- I have no
explanation for the post office taking five days to place the
letter in your post office box in the same city from which it was
mailed. '
On August 6th the Planning Commission granted the conversion of
the meeting hall to a 48 seat British pub restaurant for a period
of ten years on condition that the coffee shop and restaurant
hours of operation not overlap by more than one hour. The coffee
shop will remain essentially the saria.operating in the morning
hours only, and the restaurant will open for lunch and. stay ogen
possibly as late as 2 A.t4.-but more ,likely no later than midnight..
P7hile the property is zoned R4, development up and down the street
..consists of hotels, restaurants and other incidental businesses,
some of which are non-conforming and some of which are not. As
;'you know, the building in question immediately adjoins the Cheerio
- restaurant and the parking lot in question is regularly used by
both residents and patrons for nighttime parking at present.
The small size of .the property makes motel or hotel development
difficult and the State Coastal Commission has indicated that
visitor-oriented uses should have-top priority in this area of
the coastal zane. Under these circumstances the Planning Commis-
sion believed the granting of the request was in keeping with good
zoning practice and current and future development in the area.
Each member of the Planning Commission visits and inspects the
.premises and area prior to considering and acting on an application.
Bettie v . 2~IOberly
_ 2 _
Augus± 14, 1979
Under the Conditional Use Procedures the Planning Commission°s
determination is appealable within a period of ?_0 days by any-
one or any member of the City Council may ask for a revie~~7 of
ti12 dcC1S10n, Sh.ollld. yoll ~iiish t0 formally appeal the matter, -
you nay do so by directing a letter of appeal to this office
toge~_her with a filing fee of $75 by August 27, 1979. 6Vhi1e
yo~~r present letter is obviously a strong protest, it does not
constitute a legal appeal which must necessarily include both
a s~ate,:ent of appeal and the required filing fee. In the event
a.n appeal is filed, the matter wil'1 be set for a further publlc
hearing by the Ciiy Council of tohich you would be notified,
I 'rope the above information will be helpful to you and if you
would 1-ike additional informatics or clarification regarding
tie matter, kindly let me know and I will be happy to do so.
Very truly ,/'/1
ames Luns~c'rd
Director o_ Planning
JLcll"~
CC . ~1tV COl2nC11
• Applicant
Posymaster.
Members
Santa .IOn1Cd