SR-09-24-2013-6ACity of City Council Report
Santa Monica,
City Council Meeting: September 24, 2013
Agenda Item: LA
To: Mayor and City Council
From: David Martin, Director of Planning and Community Development
Subject: Appeal of Conditional Use Permit and Variance Approvals to Allow On-
Site Sale of Alcohol and Off -Site Parking for a New Restaurant at 1519
Wilshire Boulevard
Recommended Action
Staff recommends the City Council deny the appeal and uphold the Planning
Commission's approval of Conditional Use Permit 12 -012 and Variance 12 -019 for a
new restaurant at 1519 Wilshire Boulevard based on the draft findings and conditions of
approval contained in this staff report.
Executive Summary
On April 17, 2013, the Planning Commission approved a Conditional Use Permit (CUP)
to allow the on -site sale and consumption of alcoholic beverages in conjunction with a
new, full- service restaurant and a Variance to allow the required parking for the use to
be located at an off -site location. An appeal was filed on April 30, 2013, by a residential
neighbor of the project site.
The appellant, Heidi Gordon, requests that the City Council overturn the Planning
Commission's approval of the CUP and Variance due to the restaurant's proposed
hours of operation, number of seats, potential noise and traffic impacts, and inability to
enforce the conditions of approval.
In consideration of the full record to date, it is recommended that the Council deny the
appeal and uphold the Planning Commission's approval of the on -site sale of alcohol
and off -site parking for a new restaurant at 1519 Wilshire Boulevard. This report
highlights the Planning Commission's action, the points of the appeal, and staff's
analysis of the appeal. The recommendation on this matter does not have any
budgetary or fiscal impact.
Background
The subject property is located on the north side of Wilshire Boulevard between 15th
Street and 16th Street in the C6 (Boulevard Commercial) district and N (Neighborhood
Commercial) overlay district. The existing two -story building consists of approximately
1,800 square feet (SF) of office space and 6,300 SF of vacant commercial space and
does not contain any on -site parking or vehicular access. City Parking Lot 8, with 22
public parking spaces, is located to the rear of the property and is accessed from 16th
Street and exits to an adjacent alley.
1519 Wilshire Blvd
The relevant permit history for the site is described as follows:
• December 1980: Planning Commission approved Parking Variance, ZA
#4321 -Y, on appeal, for Verdi's Restaurant in 1980
(predated alcohol CUP requirement).
• February 1982: Change in restaurant operator, Cinch Restaurant
(predated alcohol CUP requirement).
• September 2007: Change in restaurant operator, The Parlor, received a
compliance citation for operating without a business
license. Further investigation revealed that the
ZA #4321 -Y had expired. The Parlor applied for a
Conditional Use Permit (08CUP015) and Variance
(08VAR021) requesting restaurant use (50 +seats with
alcohol) and off -site parking.
• September 16, 2009: Planning Commission approved Conditional Use
Permit (08CUP015) and Variance (08VAR021) for
The Parlor.
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• September 30, 2009: The property owner of 1519 Wilshire Boulevard filed
an appeal of Planning Commission's approval
08CUP015 and 08VAR02. Applicant /Appellant
objected to specific operational conditions imposed on
the project.
• March 9, 2010: City Council denied the appeal of Conditional Use
Permit (08CUP015) and Variance (08VAR021) for
The Parlor.
• August 2010: The Parlor ceased operations. The entitlements for
08CUP015 and 08VAR021 subsequently expired.
• April 17, 2013: Planning Commission approved Conditional Use
Permit (12CUP012) and Variance (12VAR019) for the
subject restaurant.
• April 30, 2013: Subject appeal filed.
1519 Wilshire Blvd
Project Description
The proposed restaurant would function as a full - service restaurant, under a different
operator than the previous restaurant at this site, with a host seating patrons and wait
staff providing table service during the operating hours of 11:00 AM to 11:00 PM on
Sunday through Thursday and 11:00 AM to 12:00 midnight on Friday and Saturday. The
restaurant operations for both the upstairs and downstairs areas would have the full
menu available to patrons at all times of restaurant operation. The proposed alcohol
service would be ancillary to the primary restaurant use, and the operation will be
subject to Condition No. 17 which limits alcohol sales to 35% of total gross revenues per
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year. Condition No. 19 specifies that the primary use of the premises is for sit -down
meal service and that alcohol will not be served to persons except those intending to
purchase meals. The applicant proposes an open floor plan that yields a variety of
seating arrangements for full - service dining that includes traditional table top seating,
sushi counter dining, and casual lounge dining. Local restaurants which utilize similar
variations of dining arrangements include BOA, Fig, The Penthouse, Sonoma Wine
Garden, Wilshire, and Michael's. The first floor of the restaurant includes 2,078 SF of
dining area with 131 seats and 2,762 SF of kitchen /support area.
The restaurant also provides a second floor level including 1,101 SF of dining area with
55 seats and 378 SF of support area. The support area consists of an ancillary
beverage /dining bar and service station that would allow the restaurant to efficiently
serve beverages, bus tables, and generate receipts /collect payment for patrons seated
upstairs. The purpose of this space is to provide an additional dining area that can also
serve as a space for private dining functions. The second floor is not permitted to
operate as a separate bar area and will be licensed with the same Type 47 alcohol
license administered to bona -fide eating establishments /restaurants. As outlined in
Condition Nos. 25 & 28, no dancing or video /amusement games are permitted on the
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premises. The remaining second floor building area of the building is not a part of the
restaurant tenant space.
1,101 SF Dining Area, 55 seats
O 378 SF Support Area
=1 Non - restaurant space
.� SECOND FLOOR SEATING PLAN
As required in the previous and most recent CUP (08CUP -015), Alcohol Outlet
Condition No. 35 would prohibit patron access to the roof and require a building permit
to be obtained to close the open air portion of the 2nd floor that faces Wilshire
Boulevard. The applicant shall utilize double pane glass windows or other suitable
architectural treatments that would reduce the noise emanating from the premises. The
enclosure design would be subject to review and approval by the Architectural Review
Board or staff approval, if applicable.
The subject site does not have any parking available on the property as the existing
footprint of the structure occupies the entire site. As a result, the applicant is seeking a
parking variance to allow the required 32 parking spaces to be provided at an off -site
location in conjunction with valet service during dinner hours. However, as conditioned
by the Planning Commission, the valet service would be required during all restaurant
business hours. The valet operator would provide curbside service in front of the
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restaurant and transport the vehicles approximately 600 -feet from the subject site to
1260 15th Street on the northwest corner of Arizona Avenue and 15th Street. The
development at 1260 15th Street consists of a 14 -story medical office building with six
parking levels continuing 124 surplus parking spaces. In conjunction with the request,
the applicant has agreed to work with the City's Transportation Management Office to
create a specific Transportation Demand Management Program for employees of the
restaurant. The applicant would provide annual documentation of a lease agreement
for at least 32 off -site parking spaces during all operating hours, a valet service
agreement during all operating hours, approved valet permits issued by the City, and
quantifiable data on the utilization and effectiveness of the TDM program as required by
Condition No. 41 and on the ongoing demand for and management of the off -site
parking spaces (Condition Nos. 40 -41).
Planning Commission Action
On April 17 2013, the Planning Commission reviewed and approved the Conditional
Use Permit and Variance for the proposed restaurant. The Commission identified the
need for more late -night dining venues in the City while also preventing any potential
impacts to surrounding residential areas. The Commission believed that the proposed
conditions of approval would mitigate potential impacts to the adjacent residential
neighbors created by prior restaurant uses at the subject site.
In order to further ensure the compatibility of the restaurant use with the surrounding
neighborhood, the Commission changed the hours of operation on Friday and Saturday
nights from closure at 1:00 AM to an earlier closure at 12:00 midnight. The Commission
also added a condition that after one year of operation, the applicant be required to
submit a report to the City documenting compliance with the conditions of approval. A
condition restricting employees from parking on adjacent residential streets at all times
was also added along with a requirement that valet service be available during all
restaurant business hours as reflected in the Planning Commission's Statement of
Official Action. The April 17, 2013 minutes reflect the Planning Commission's actions.
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Discussion
Appeal Summary
The appellant requests that the City Council overturn the Planning Commission's
approval of the CUP and Variance due to the restaurant's proposed hours of operation,
number of seats, potential noise and traffic impacts, and inability to enforce the
conditions of approval. In particular, the appellant states the following:
• The hours of operation are not consistent with other restaurants of this size.
• The number of approved seats is more than previously allowed and is designed
more for a bar than a restaurant.
• The restaurant contains a back door that opens directly onto residences.
• The staircases do not conform to Building Code requirements.
• There will be noise, traffic, and congestion impacts to the adjacent neighborhood.
• There is a history of noise and general non - conformance at the subject site.
• The enforcement provisions are vague.
The City Council, in its de novo review of this appeal, must determine whether the
proposed project meets the findings required for a Conditional Use Permit and Variance
identified in SMMC Sections 9.04.20.12.040 and 9.04.20.10.050, respectively and as
provided in Attachment A. The City Council may uphold the appeal or uphold the
decision of the Planning Commission, in whole or in part, based upon these findings.
Appeal Analysis
Based on the full record to date, including testimony and review presented at the
Planning Commission public hearing and review of the appeal statement detailed more
fully below, staff continues to recommend approval of both applications.
The appellant states that the approved hours of operation are not consistent with other
restaurants. The Planning Commission approved hours of operation are 11:00 AM to
11:00 PM Sunday through Thursday and 11:00 AM to 12:00 midnight Friday and
Saturday, with complete closure and all patrons and employees vacated from the
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building within one hour thereafter. No "after hours" operations are permitted. Staff
reviewed the proposed hours of alcohol service in comparison with other nearby alcohol
licensed establishments with Type 41 or 47 alcohol licenses along the Wilshire
Boulevard Corridor.
Alcohol Establishments
Address
Approved Hours
Advertised Hours
Santa Monica Seafood
1000 Wilshire
SAM -10PM, Daily
11AM -9PM (Mon -Sat)
(08CUP003)
11AM -8PM (Sun)
Huckleberry (09AE -002)
1014 Wilshire
Service until 2AM
8AM -8PM (Mon -Fri)
8AM -5PM (Sat -Sun)
El Cholo [CUP503 (1988)]
1025 Wilshire
No alcohol service after
11AM -10PM (Mon -Thu)
(97AD -003)
12 midnight
11AM -11PM (Fri -Sat)
11AM -9PM (Sun)
Dakota Lounge
1026 Wilshire
Legal, Non - Conforming
6PM -2AM
Outlet
Melisse (99CUP002)
1104 Wilshire
11AM- Midight (Sun -Th)
6PM- 9:30PM (Tue -Thu)
11AM -1AM (Fri & Sat)
6PM -10PM (Fri -Sat)
Rustic Canyon (12CUP003)
1119 Wilshire
5:30PM -1AM, Daily
5:30P- 10:30PM (Sun -Thu)
5:30P- 11:30PM (Fri -Sat)
NY &C Pizza (12AE -001)
1120 Wilshire
Service until 2AM
11:30A- 2:30AM (Sun -Wed)
11:30A- 3:30AM (Thu -Sat)
(alcohol service ceases at
2AM)
Sushi King (92AD -005)
1330 Wilshire
Service until 2AM
5:30PM- 10:30PM
Izzy's Deli
1433 Wilshire
Legal, Non - Conforming
24 Hours (alcohol service
Outlet
ceases at 2AM)
Nawab of India
1621 Wilshire
Legal, Non - Conforming
12PM- 10:30PM (Sat)
Outlet
11:30A- 10:OOPM (Sun -Mon)
11AM- 9:30PM (Tue -Fri)
Fromin's
1832 Wilshire
Legal, Non - Conforming
7AM -10PM
Outlet
Thai Dishes (93AD -002)
1910 Wilshire
Service Until 2AM
11AM- 10:30PM
V Lounge
2020 Wilshire
Legal, Non - Conforming
9PM -2AM (Thu -Sat)
Outlet
Poquito Mas
2025 Wilshire
Legal, Non - Conforming
11AM- 10:05PM (Sun -Thu)
Outlet
11AM- 11:05PM (Fri -Sat)
Veggie Grill (10CUP011)
2025 Wilshire
11AM -11PM
11AM -11PM
Noma
2031 Wilshire
Legal, Non - Conforming
11:30AM -10PM (Sun -Thu)
Outlet
11:30AM- 10:30PM (Fri -Sat)
Many of the establishments listed above retain legal, non - conforming hours of alcohol
service which allow service until 2:00 AM. Smaller restaurants (50 seats or fewer) that
comply with SMMC Section 9.04.10.18.040 are issued Alcohol Exemptions, which also
allow service until 2:00 AM. However, in reviewing the alcohol outlets on Wilshire
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Boulevard entitled with alcohol CUPs, the latest hours of operations for the two full -
service restaurants are conditioned with closure at 1:00 AM, daily (Rustic Canyon
12CUP003) and 12:00 midnight, Monday — Thursday, and 1:00 AM on Friday and
Saturday (Melisse 99CUP002). The hours of operation approved by the Planning
Commission for the subject restaurant are more restrictive than these previously
approved restaurants and are consistent with the overall hours of neighboring
restaurants. The applicant is requesting that the Council approve extended hours of
operation on Fridays and Saturdays until 1:00 AM — one hour later than the midnight
closure time on Fridays and Saturdays approved by the Planning Commission. Staff
supports the hours of operation as previously approved by the Planning Commission.
The approved seating plan for the subject restaurant contains a maximum of 186 seats.
The approved plan for the previous CUP for The Parlor allowed for 135 seats with the
provision that up to 40 more seats could be allowed if additional off -site parking spaces
were provided subject to a parking plan approved by the Director of Planning, for a
possible total of 175 seats. The current approval of 186 seats exceeds the previous
approval of a possible 175 seats. However, the Planning Commission believed the
conditions of approval including the operational conditions (Condition Nos. 16 -37) and
parking variance conditions (Conditions Nos. 39 -43) would address any potential noise
and parking impacts to surrounding neighbors. Although the seating configuration
shows some of the seats located along dining counters, meals are required to be
available at these dining counters at all times the restaurant is open for business. The
majority of the seats in the restaurant would be at tables.
The appellant states that the building contains an existing rear door that opens directly
onto residences. The rear door opens onto an existing public surface parking lot that
separates the subject site from adjacent residences. Condition No. 39 has been added
to require that all customer entry to the restaurant occur through the front of the building
along Wilshire Boulevard. The appellant also contends that the stairs to the second floor
do not meet Building Code requirements. However, these existing stairs are
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grandparented and would not require modification unless the restaurant space was
completely rebuilt.
According to the appellant, the proposed restaurant use will generate noise, traffic, and
congestion impacts to the adjacent neighborhood. The property is located in an area of
the City featuring a high concentration of commercial and restaurant activity that is
adjacent to multi - residential uses to the north and hospital /medical uses to the south.
The proposed restaurant use is consistent with the C6 zoning district, which involves a
mix of residential, commercial, and retail uses. The project is also consistent with the
'N' overlay district which is intended to protect and enhance concentrations of
neighborhood commercial uses that are located in districts other than the C2
(Neighborhood Commercial) district. As conditioned, the operating hours are similar to
other full- service restaurant operations that are located along Wilshire Boulevard, as
well as restaurants in C2 Districts. The Zoning Code requires restaurants with more
than 50 seats to obtain a CUP in the Neighborhood Commercial Overlay and C2 Zones.
Previous restaurant operators at the subject location were not required to acquire a
CUP since the restaurant had been grandparented and predated such entitlement
requirements. As conditioned, the project is intended to preserve an existing restaurant
location and enhance the concentration of neighborhood commercial uses with
operational standards that are sensitive to adjacent residences located approximately
50 -feet from the subject restaurant. Specifically, restrictions on exterior activity (i.e.
trash disposal and deliveries) and physical improvements to mitigate potential noise
emitting from the second floor area have been included in Condition Nos. 36 -39. The
proposed valet service would operate the vehicle pick -up and drop -off in front of the
subject site on Wilshire Boulevard and involves a route that minimizes vehicular
maneuvering in residential areas. Condition No. 41 requires that the Transportation
Management Office review and approve the valet parking operation to ensure that the
adjacent residential neighborhood is not impacted.
In areas of the City where commercial corridors abut residentially zoned district,
neighborhoods have voiced that residential streets have been impacted by commercial
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patron parking when businesses lack sufficient on -site parking or when customers wish
to avoid paying for parking. Consequently, a number of preferential parking districts
have been approved in these residential areas throughout the City. The blocks north of
Wilshire Boulevard on 14th, 15" and 16th Street allow two hour parking 9AM -6PM and
prohibit parking 6PM -2AM daily, except by permit. The permit parking program in this
area is intended to alleviate the on- street parking issues in the residential area
associated with commercial uses on Wilshire Boulevard. Conditions associated with the
variance request including Condition No. 40 requiring an employee transportation
demand management program, Condition No. 41 requiring an off -site parking and valet
program during all restaurant operating hours, and Condition No. 43 requiring the
applicant to prohibit employees parking on the residential streets would also help to
reduce traffic impacts in the neighborhood and impacts on the limited on- street parking
in the area. As conditioned, the project would alleviate the potential adverse impacts of
the restaurant use and increase neighborhood compatibility. The applicant is requesting
that the Council modify Conditions No. 41 and 44 to allow valet service to begin at 5:00
PM instead of requiring valet service during all hours of restaurant operation. Staff
supports the hours of valet operation as previously approved by the Planning
Commission for service during all hours of restaurant operation.
While there has been a documented history of noise complaints and other Police
Department calls for service at the subject site, the proposed conditions of approval
would address these previous issues and mitigate any potential impacts to the
surrounding neighborhood. Pursuant to Condition No. 15 the applicant would be
required to submit a compliance report after one year of operation documenting
compliance with each condition of approval as well as an annual report documenting the
lease of the off - street parking spaces and a valet service agreement pursuant to
Condition No. 40. Condition No. 27 prevents the queuing of patrons at the entry,
checking of identification at entry, cover charges, and drink minimums to ensure the use
is consistent with a restaurant and not a bar use. The operator will also be required by
Condition No. 32 to patrol the neighborhood to monitor patron behavior. Condition Nos.
40 and 42 require an employee transportation demand management program with the
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goal of reducing the number of employee vehicle trips to the site and to help reduce any
potential parking and traffic impacts to the neighborhood. In addition, the proposed
restaurant operator is different than the previous operator who had been the subject of
prior complaints.
The Santa Monica Police Department has been contacted regarding this proposal, and
although they have confirmed past noise and parking complaints from patrons parking
in the neighborhood, they have reviewed the recommended conditions of approval and
indicated that they have no objections to the proposed operation of the restaurant.
Alternatives
As an alternative to the staff recommendation, the Council may consider the following
with respect to the pending appeal if supported by the full evidentiary record:
1. Uphold the appeal of Conditional Use Permit (12CUP012) and Variance
(12VAR019) and deny the subject applications.
2. Articulate revised findings and/or conditions to Approve OR Deny the subject
applications.
Public Outreach
Pursuant to Municipal Code Section 9.04.20.22.050, notice of the public hearing was
mailed to all owners and residential and commercial tenants of property located within a
(500 foot) radius of the project and published in the Santa Monica Daily Press at least
ten consecutive calendar days prior to the hearing.
Environmental Analysis
The project is categorically exempt from the provisions of CEQA pursuant to Section
15301 Class (1) of the State Guidelines in that the project involves interior
improvements to an existing building to establish a 186 -seat restaurant with the on -site
sale of beer and wine and a modification to the off - street parking requirements
associated with the proposed project. The scope of the improvements will occur within
an existing tenant space and involve only minor alterations.
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Financial Impacts & Budget Actions
There is no immediate financial impact or budget action necessary as a result of the
recommended action.
Prepared by: Tony Kim, Senior Planner
U4179 =61
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David Martin, Director
Planning and Community Development
Attachments:
Forwarded to Council:
Rod Gould
City Manager
A. Draft Findings and Conditions of Approval
B. Appeal Statement
C. Public Notification
D. Project Plans and Renderings
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ATTACHMENT A
Draft Findings and Conditions of Approval
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FINDINGS:
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 ", in 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 approval of a
Conditional Use Permit, and Section 9.04.10.18.020 provides that existing
alcohol outlets shall also obtain a Conditional Use Permit if the operations have
been discontinued for a period of over one year.
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 Boulevard Commercial (C6)
with Neighborhood Overlay (N) district permits restaurants with more than 50
seats pursuant to the approval of Conditional Use Permit. The proposed
restaurant is consistent and complementary to other uses in the area and located
in a tenant space that has operated as a food - serving /restaurant use with alcohol
service for approximately 19 years. Conditions Nos.1 -39 have been added to
address potential operational concerns such as, limiting the amount of alcohol
sales, restricting hours of outdoor maintenance and refuse /recycling activities,
enclosing the balcony area and prohibiting patrons from using the roof.
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 has operated as
a restaurant with more than 50 seats and alcohol licensing for approximately 19
years without on -site improvements for vehicular access or parking. The
proposed CUP for ancillary alcohol service and consumption requires minimal
physical improvements within the restaurant tenant space and is conditioned to
provide the required parking spaces during all operating hours.
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 site has
historically served as a restaurant with more than 50 seats and incidental alcohol
service for approximately 19 years. A full - service restaurant on Wilshire
Boulevard is compatible with permitted uses and other existing restaurant and
commercial /retail establishments in the area.
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 with more
than 50 seats in the Neighborhood Overly District. A full - service restaurant with
incidental alcohol service on Wilshire Boulevard is compatible with permitted
uses and other existing restaurant and commercial uses in the area. Conditions
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No. 1 -39 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.
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 locate in an urbanized area adequately
served by existing infrastructure.
7. Public access to the proposed use will be adequate, in that the valet service will
operate automobile drop -off and pick -up from Wilshire Boulevard, (an arterial
street) and the primary restaurant entrance is also accessed by pedestrians on
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 a full - service
restaurant approved by the Conditional Use Permit, will provide a floor plan and
operation conditions for the restaurant use which have not been required by
previous operators. The proposed restaurant with more than 50 seats and
incidental alcohol service will provide a floor plan and operational conditions for
the use which have expired and do not currently exist. Conditions No. 1 -39 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.
9. The proposed use is consistent with the goals, objectives, and policies of the
General Plan, in that Wilshire Boulevard Policy B1.2 promotes a mix of uses in
new projects including ground level local- serving retail and neighborhood
services and Goal E.4 supports the retail sector that provides for the needs of
local residents and visitors to augment sales tax revenues. The proposed
restaurant use will provide a new dining option to the neighborhood, which
includes employees in nearby hospital /medical facilities, offices and local
residents.
10. The proposed use would not be detrimental to the public interest, health, safety,
convenience, or general welfare, in that the proposed use 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.
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 to be an over concentration for a
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commercial corridor such as Wilshire Boulevard.
ALCOHOL OUTLET FINDINGS
1. The proposed use will not adversely affect the welfare of neighborhood
residents in a significant manner in that the proposed restaurant is consistent
and complementary to other uses in the area and located in a tenant space that
has operated as a food - serving /restaurant use with alcohol service for
approximately 19 years. Conditions Nos. 1 -39 have been added to address
potential operational concerns such as, limiting the amount of alcohol sales,
restricting hours of outdoor maintenance and refuse /recycling activities,
enclosing the balcony area and prohibiting patrons from using the roof.
2. The proposed use will not contribute to an undue concentration of alcohol
outlets in the area in that there are two Type 41 public eating places within a
500 -foot radius, which is not considered to be an over concentration for a
commercial corridor such as Wilshire Boulevard.
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 conditions for approval, such as the requirements that the
establishment operate with specific closing hours, no separate bar area, and
limited alcohol sales, 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 Zoning Ordinance conditionally permits new alcohol
outlets, specifically new restaurants with more than 50 seats. The full - service
restaurant with incidental alcohol service in a commercial district is compatible
with permitted uses in the area. Condition Nos. 1 -39 will ensure that the use
operates in a harmonious manner and not created any alcohol - related problems
in the area.
5. Traffic and parking congestion will not result from the proposed use in that the
applicant proposes a valet parking program that will meet the demand
generated by the proposed restaurant in close proximity to the subject site. It is
also anticipated that customers will visit the restaurant in addition to other
destinations in the area and utilize transit or nearby parking facilities, such as
City Parking Lot 8, located behind the subject site.
6. The public health, safety, and general welfare are protected in that the project is
consistent with the provisions of the Zoning Ordinance in that the conditions of
approval have been incorporated to minimize potential adverse impacts on
nearby land uses. Similar conditions imposed on other full - service restaurant
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operations with incidental alcohol service in the City have not been associated
with alcohol related problems.
7. No harm to adjacent properties will result in that the conditions of approval will
ensure that the establishment operates as a full- service restaurant in a manner
which protects the adjacent neighborhood.
8. The proposed use is consistent with the objectives of the General Plan in that
the Land Use Element of the General Plan designates the area as Mixed -Use
Boulevard. As envisioned in Wilshire Boulevard Policy B1.2, the proposed
restaurant use with incidental alcohol service, promotes a mix of uses in new
projects including ground level local- serving retail and neighborhood services.
The proposed restaurant also fulfills Goal EA, which promotes the retail sector
and facilitates needs of local residents and visitors to augment sales tax
revenues. The proposed restaurant use will provide a new dining option to the
employees in nearby hospital /medical facilities, offices, visitors and local
residents.
VARIANCE FINDINGS
1. There are special circumstances or exceptional characteristics applicable to the
property involved, including size, shape, topography, location, or surroundings, or
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 structure constructed in
1926 with a building footprint that occupies the entire parcel. The existing
infrastructure /improvements prohibit the creation or placement of on -site parking.
In 1981 a restaurant use with alcohol service was authorized with the approval of
parking variance (ZA #4321 -Y) and has historically been occupied with restaurant
tenants for approximately 19 years.
2. The granting of such variance will not be detrimental or 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. 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 is
also located behind the subject property and includes 23 metered parking spaces
that can accommodate customer who wish to self -park. To ensure the continued
use of the valet, staff has included a condition of approval (Condition No. 41).
3. The strict application of the provisions of this Chapter would result in practical
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difficulties or unnecessary hardships, not including economic difficulties or
economic hardships in that the site is improved with an existing two -story
commercial structure constructed in 1926 with a building footprint that occupies
the entire parcel. There are no existing and /or opportunities to pave parking
spaces on the premises. The specific conditions, including the provision of off -
site parking during all operational hours, would allow the continued use of the
restaurant at the site 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. Specifically, the proposed off -site parking is in alignment with
Circulation Policies T26.1 and T26.8 which encourages shared parking and
coordinated valet services to balance parking supply and demand.
5. The variance would not impair the integrity and character of the district in which it
is to be located in that the subject location has historically operated as a
restaurant for approximately 19 years without on -site parking. The proposed
valet program will encourage patrons and employees to utilize of the off -site
parking space via valet operator. In addition, a transportation management plan
will encourage employees and patrons to take multi -modal means of
transportation to the restaurant to further minimize parking demands generated
by the restaurant use.
6. The subject site is physically suitable for the proposed variance in that the site is
improved with an existing two -story building constructing in 1926 with a building
footprint that occupies the entire parcel. The site is also within close proximity to
efficiently utilize off -site parking opportunities on a property developed with
surplus parking spaces in conjunction with the proposed valet operations.
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 although there is no vehicular access provided directly on the
site or on -site parking, a valet pick -up and drop -off area can be accommodated
for vehicles on Wilshire Boulevard and adjacent the restaurant's
patron /pedestrian entry.
9. 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
existing parcel constraints of the existing two -story building footprint and inability
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to situate on -site parking spaces. The building has historically been occupied
with restaurant tenants for approximately 19 years and as conditioned is
compatible with the use within the district.
Project Specific Conditions
1. Seating arrangements for sit -down patrons shall not exceed 131 seats on the first
floor and 55 seats on the second floor.
2. The permitted hours of service shall be from 11:00 AM to 11:00 PM Sunday
through Thursday; 11:00 AM to 12:00 midnight Friday and Saturday, with
complete closure and all patrons and employees vacated from the building within
one hour thereafter. No "after hours" operation or activity shall be permitted.
3. This approval is for a Type 47 (On Sale General — Eating Place) or Type 41
(Beer & Wine — Eating Place) alcohol license only. Any request to modify the
license type shall require approval from the Planning Commission.
Administrative
4. The approval of this permit shall expire if the rights granted are not exercised
within one year from the permit's effective date. Exercise of rights shall mean
commencement of the use granted by both permits, which rights are not
severable. Additionally, the rights associated with this approval shall expire if the
establishment ceases operation for a period of one year or longer.
5. 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 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 shall constitute grounds
for potential permit revocation.
6. 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.
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7. Prior to the commencement of restaurant operations, 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, and the establishment's approved floor plan is available
upon request. This notice shall remain posted at all times the establishment is in
operation.
8. 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.
9. Prior to issuance of a Certificate of Occupancy, or a business license, or
commencement of alcohol service as applicable, the operator shall submit a plan
for approval by the Director of Planning regarding employee alcohol awareness
training programs and policies. The plan shall outline a mandatory alcohol
awareness training program for all employees having contact with the public and
shall state management's policies addressing alcohol consumption and
inebriation. The program shall require all employees having contact with the
public to complete a California Department of Alcoholic Beverage Control (ABC)
sponsored alcohol awareness training program within 90 days of the effective
date of this approval. In the case of new employees, the employee shall attend
the alcohol awareness training within 90 days of hiring. In the event the ABC no
longer sponsors an alcohol awareness training program, all employees having
contact with the public shall complete an alternative program approved by the
Director of Planning and Community Development. The operator shall provide
the City with an annual report regarding compliance with this condition. This
project shall be subject to any future City -wide alcohol awareness training
program condition affecting similar establishments.
10. Prior to issuance of a Certificate of Occupancy, or a business license, or
commencement of alcohol service as applicable, 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.
11. 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
12. This approval is for those plans dated October 31, 2012, as modified by these
conditions, a copy of which shall be maintained in the files of the City Planning
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Division. Project development shall be consistent with such plans, except as
otherwise specified in these conditions of approval.
13. 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 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.
14. Project plans shall be subject to complete Code Compliance review when the
building plans are submitted for plan check and shall comply with all applicable
provisions of Article IX of the Municipal Code and all other pertinent ordinances
and General Plan policies of the City of Santa Monica prior to building permit
issuance.
15. After one year of operation, the applicant shall submit to the Planning and
Community Development Department a Compliance Review with supporting
documentation showing how compliance with each condition of approval has
been attained.
Project Operations
16. 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. No alcoholic beverage shall be sold for consumption beyond the
.premises.
17. Except for special events, alcohol shall not be served in any disposable container
such as disposable plastic or paper cups.
18. 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.
19. 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.
20. Bottle service shall not be available to patrons unless full meal service is
provided concurrent with the Bottle service. All food items shall be available from
the full service menu. Bottle service shall mean the service of any full bottle of
wine or beer, of more than 375 ml, along with glass ware, garnishes, etc., in
22
which patrons are able pour their own wine or beer. Bottle service of distilled
spirits shall be prohibited.
21. The establishment shall maintain a kitchen or food - serving area in which a
variety of food is prepared and cooked on the premises.
22. The establishment shall serve food to patrons during all hours the establishment
is open for customers.
23. Customers shall be permitted to order meals at the bar at all times the bar or
restaurant is open for business.
24. Any minimum purchase requirement may be satisfied by the purchase of
beverages or food.
25. Take out service shall be only incidental to the primary sit -down use.
26. No dancing or live entertainment beyond that allowed in the restaurant definition
contained in the Zoning Ordinance shall be permitted on the premises.
27. No queuing of patrons at the entry or checking of identification at the entry or any
portion of the restaurant shall be permitted. There shall not be any age limitation
imposed restricting access to the restaurant (e.g. persons of all ages must be
allowed to enter the restaurant). There shall be no cover charge or related
minimum drink purchase requirement.
28. The restaurant shall not organize or participate in organized "pub- crawl" events
where participants or customers pre - purchase tickets or tokens to be exchanged
for alcoholic beverages at the restaurant.
29. No video or other amusement games shall be permitted on the premises.
30. No more than three televisions may be located in the restaurant. The placement
of televisions shall be limited to the dining counter areas.
31. The owner shall prohibit loitering around the restaurant premises and shall
control noisy patrons leaving the restaurant.
32. The operator shall patrol the neighborhood to monitor patron behavior and pick
up any trash left behind by patrons. The route and the frequency of the patrols
shall be approved by the City's Planning Division and maintained as part of the
site operations plan until such time as the City may deem the patrols
unnecessary.
33. Window or other signage visible from the public right -of -way that advertises beer
or alcohol shall not be permitted.
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34. Applicant is on notice that all temporary signage is subject to the restrictions of
the City sign ordinance.
35. The 2nd Floor roof deck shall be accessed for maintenance purposes only and
prohibited from customer /patron use. 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" floor veranda that
faces Wilshire Boulevard with double pane window glass or another suitable
architectural treatment that would lessen noise emanating from the premises.
36. 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:OOAM. In addition, there shall be no disposal of
bottles or noise generating trash between 11:OOPM and 6:OOAM daily. Trash
containers shall be secured with locks.
37. The project shall at all times comply with the provisions of the Noise Ordinance
(SMMC Chapter 4.12).
38. Pursuant to SMMC Section 4.12 (Noise), establishments with amplified music
may be required to provide entrances and exits, except exits which are solely
emergency exits, designed as two -door vestibules, so that only one set of doors
is open at a time. Doors shall be of solid core design. Windows shall be
constructed with double -paned glass.
39. Customer entry to the restaurant shall occur through the front entrance facing
Wilshire Boulevard. Customer entry through the rear door shall not be permitted
at any time. However, the rear door may be used for exiting purposes as
necessary to meet any Building Code requirements.
Parking Variance Conditions
40. The applicant shall work with the City's Transportation Management Office 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. A
program shall be implemented within 60 days of opening the restaurant.
41. Off -site parking shall be provided through a parking plan approved by the
Director of Planning. The restaurant operator shall submit an annual report due
October 1St of each year to the City's Transportation Management Office, which
provides documentation of the lease agreement for at least 32 off -site parking
spaces during all operating hours, a valet service agreement during all operating
hours, approved valet permits issued by the City, and quantifiable data on the
24
utilization and effectiveness of the TDM program as required by Condition No. 41
and on the ongoing demand for and management of the off -site parking spaces.
42. The Transportation Demand Management program shall 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).
® 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 four secured employee bicycle parking /storage
spaces. Spaces shall be provided and installed on -site or in a location
approved by the City's Strategic and Transportation Planning Division at the
expense of the applicant.
® 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 on the restaurant's website and associated social media
accounts. The applicant shall offer various incentives, including a weekly
drawing to offer a complementary menu items 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.
In the annual report required by Condition No. 40, the applicant shall provide
quantifiable data on the utilization of alternative modes of transportation (other
than single- occupant private vehicle) and the provision of incentives for both
employees and customers, including the number of free transit passes provided
to employees and the cash or other incentives provided to both employees and
customers.
43. The applicant shall prevent employees from parking on residential streets at all
times.
44. 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 but not limited to excessive noise,
litter, and inappropriate behavior, and adherence to the rules and conditions of
the City's approved valet permit. The valet service shall operate daily during
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restaurant operating hours. The valet parking operation shall be subject to the
review and approval of the Strategic & Transportation Planning Division.
45. The Santa Monica Building and Safety Division and Fire Department (SMFD)
shall review the restaurant's occupancy load to ensure compliance with existing
Codes.
Police & Inspections
46. Prior to issuance of a Certificate of Occupancy, or a business license, or
commencement of alcohol service as applicable, a security plan shall be
submitted to the Chief of Police for review and approval. The plan shall address
both physical and operational security issues.
47. The applicant authorizes 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.
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ATTACHMENT B
Appeal Statement
27
City of
Santa Monkca
Planning and Community Development Department
City Planning Division
„Y 0 (310) 458 -8341
Santa Monica-
(Please Type or Print all Information)
Application Number
/3 rrPP'o
APPELLANT NAME:
Filed: 4 /ad /ice
By:
APPELLANT ADDRESS: 113g 16;M 671- ;4�2
CONTACT PERSON:
(all
Address:
rP.SSi _
PROJECT CASE NUMBER(S) :
.. c
PROJECT ADDRESS:
APPLICANT:
ORIGINAL HEARING DATE: GLAD/ /Z, �2013
ACTION BEING APPEALED: -
Pee.
q &111)3
Please state the specific reason(s) for the appeal (use separate sheet if necessary):
Is the appea related to the discretionary action and findings issued for the proposed
pro' cf? Yes No If y s, explain:
A47
u sr rJ i
M, l . �a �J y u, �o f � G 2 / L J am/ '?_'
6r�'p / OC (J �D (rl/h (i L,Gd y IJ .�.c
Is thA/ppeal r laced to the condi ions�of a� val? 1 es _ No (�If yN '113
Wh'c
conditi ns and why:
7Az Iu) Cans
z i too .
�a
Is the appeal related to design is_soues ?//�' Yes No If ye , explain-
Z7
Is the appeal related to compatibility issues such as building height, massing, pedestrian
orientation, etc.? Yes _ No If yes, explain: p
Is the appeal related to non - compliance with the Santa Monica Municipal Code? Yes
No If yes, which Code sections does the project not comply with and wh :
% ) eW
v
Is the appeal related to environmental impacts associated with the project? _X Yes _
No I es, explain: zz - f_^
Is. the appeal related to other issues? Yes' _ No If yes, explain:
Ye iS 2r, ac) f-
APPELLANT SIGNATURE:
NOTE: A hearing date on the appeal will not be scheduled until sufficient
information regarding the basis for the appeal has been received to enable City
Planning Division staff to prepare the required analysis for the staff report.
CO �
i
ATTACHMENT C
Public Notification
m
NOTICE OF A PUBLIC HEARING
BEFORE THE SANTA MONICA CITY COUNCIL
SUBJECT: 13APP004 (Appeal 13 -004 of Planning Commission Approvals of 12CUP012 and
12VAR019)
1519 Wilshire Blvd
APPLICANT: Larry Greenwood
APPELLANT: Heidi Gordon
PROPERTY OWNER: 1519 Wilshire Blvd Ltd Partnership
A public hearing will be held by the City Council to consider the following request:
Appeal of Conditional Use Permit (12CUP012) and Variance (12VAR019) approvals to allow on -site sale
of alcohol and off -site parking for a new restaurant at 1519 Wilshire Boulevard
DATEITIME: TUESDAY, SEPTEMBER 24, 2013, AT 6:45 p.m.
LOCATION: City Council Chambers, Second Floor, Santa Monica City Hall
1685 Main Street, Santa Monica, California
HOW TO COMMENT
The City of Santa Monica encourages public comment. You may comment at the City Council public
hearing, or by writing a letter. Written information will be given to the City Council at the meeting.
Address your letters to: City Clerk
Re: 13APP004 (1519 Wilshire Blvd)
1685 Main Street, Room 102
Santa Monica, CA 90401
MORE INFORMATION
If you want more information about this project or wish to review the project file, please contact Tony Kim
at (310) 458 -8341, or by e-mail at tony.kim @smgov.net. The Zoning Ordinance is available at the
Planning Counter during business hours and on the City's web site at www.santa- monica.org,
The meeting facility is wheelchair accessible. For disability - related accommodations, please contact (310)
458 -8341 or (310) 458 -8696 TTY at least 72 hours in advance. All written materials are available in
alternate format upon request. Santa Monica Big Blue Bus Lines numbered 1, 2, 3, 4, 5, 7, 8, 9, and the
Tide Ride serve City Hall.
Pursuant to California Government Code Section 65009(b), if this matter is subsequently challenged in
Court, the challenge may be limited to only those issues raised at the public hearing described in this
notice, or in written correspondence delivered to the City of Santa Monica at, or prior to, the public
hearing.
ESPANOL
Esto es una noticia de una audiencia pilblica para revisar applicaci6nes proponiendo desarrollo en Santa
Monica. Si deseas mas informacion, favor de Ilamar a Carmen Gutierrez en la Divisi6n de Planificaci6n
al nOmero (310) 458 -8341.
APPROVED AS TO FORM:
AMANDA SCHA HTER
Planning Manager
F: \CilyPlanning\ Share \COUNCIL\NOTICES\2013 \13APP004 (1519 Wilshire Blvd)
ATTACHMENT D
Project Plans and Renderings
Electronic version of attachment is not available for review. Document is available for
review at the City Clerk's office and the Libraries.
30