SR-10-22-2013-6A-SUPPCity Council Meeting: October 22, 2013
Agenda Item: r') —_,
To: Mayor and City Council
From: David Martin, Director of Planning and Community Development
Subject: Supplemental Report: Appeal of Conditional Use Permit (13CUP004) and
Parking Variance (13VAR005) to allow the operation of an exercise
facility, and to allow a parking variance to satisfy off - street parking
requirements associated with the proposed use at 2433 Main Street;
Issues related to compliance with existing conditions of approval at 2415-
2443 Main Street.
Applicant: First Phase Health and Fitness
Appellant: Janet Gilbert and Edgemar Neighbors
Executive Summary
On October 8, 2013, the City Council continued the subject appeal hearing due to a
concern over existing violations of the 1997 Statement of Official Action (1997 STOA)
that governs the subject property. Staff investigated compliance with the 1997 STOA
conditions and provided findings in this staff report.
In addition to the code compliance investigation, staff recommends amendments to the
exercise facility STOA findings and conditions, including the following:
• Amend Conditional Use Permit Finding #7 and Variance Finding #8 to clarify that
both pedestrian and vehicular access to the site is provided from Main Street, not
2nd Street.
• Amend condition #8 to change opening hours from 6am to 6:30am to reflect the
1997 STOA's requirement that the parking lot gate be closed to prevent access
until 6:30am.
• Amend condition #11, 1St bullet of the TDM plan to require the gym operator to
provide employees with 100% subsidy for transit passes for the life of the project,
or 50% cash equivalent for employees who walk or ride bicycles to work. The
purpose of this amendment is to provide increased TDM measures for the
subject business.
Code Compliance Investigation
Concerns were raised by the City Council regarding the compliance with the 1997
STOA, approved by the City Council on December 7, 1997 upon appeal of
Development Review 96 -001, Conditional Use Permit 97 -004, Variance 96 -001, and
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Conditional Use Permit 96 -011. The STOA includes 177 conditions, including 62
conditions for the Development Review Permit, 51 conditions for the Conditional Use
Permit for the live performance theater, 12 conditions for the Parking Variance, and 52
conditions for the restaurant Conditional Use Permit. Of primary concern are a number
of conditions related to the artist lofts on 2nd Street, the parking lot security gate, and
Brick + Mortar's outstanding code compliance issues.
Condition #39 of the Development Review Permit in the 1997 STOA states: "One front
entry door along Second Street shall be permitted for each of the two artist studios.
Windows shall also be permitted. The entrances and windows shall be subject to
review and approval by the Architectural Review Board. If the floor area approved for
use as artist studios is later converted to another non - residential use, then before
operating such a new commercial use at this location of the project, the entrances and
windows hereby allowed on Second Street shall immediately be removed and the
openings sealed." Code Compliance Officers were sent to the subject property on
Wednesday, October 9, 2013, and determined that both artist studios were in
compliance. Further, Staff received copies of the artist studio leases that stipulate that
an artist in residence is required for the property. 2428 2nd Street is currently occupied
by an artist who maintains the space as their primary residence. 2436 2nd Street is
occupied by Fresh Interactive, a digital media company that meets the definition of
artist, per the Interpretation regarding the term artist, as approved by the Planning
Commission on June 6, 2007. The manager of Fresh Interactive lives on site. As a
result of the code compliance investigation confirming compliance of the artist studios,
no changes to the 2nd Street fagade are required. On Monday, October 14, 2013, a new
complaint was filed regarding the artist studios alleging non - compliance; however, this
issue was investigated and closed.
Condition No. 32 of the Development Review Permit in the 1997 STOA states: "A
security gate shall be installed to close off parking areas between the hours of 1:00 a.m.
and 6:30 a.m., Monday through Friday and 2:00 a.m. and 8:00 a.m. on Saturdays and
Sundays.." Staff went to the site on Monday October 7, 2013 and observed the security
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gate in a closed position from 6 a.m. until 6:30 a.m., in compliance with Condition No.
32 of the 1997 STOA. In response to this condition that does not allow access to on-
site parking until 6:30 a.m., Staff recommends the hours of operation of the proposed
exercise facility be amended to start at 6:30 a.m. to minimize neighborhood impacts.
There are a number of conditions in the 1997 STOA related to the operation of the
restaurant on -site, Brick + Mortar. Code Compliance issued a citation to Brick + Mortar
on December 28, 2012 for conducting nightclub activities, including queuing and
checking identification at the door, and allowing patrons to order alcoholic beverages
without providing sit -down meal service, in violation of Condition #15 and #16 of the
1997 STOA (Page 38 of the 1997 STOA). The citation fine was paid, but because
additional violations were recently observed by Code Enforcement regarding the
provision of alcohol for patrons who were not seated and not being served sit -down
meals, the case is still open and the investigation is ongoing. Complaints regarding
noise and other potential violations have been logged by Code Enforcement and are
being investigated.
Edgemar is a mixed use complex with unusual and varied spaces and diverse tenants.
As such, it is somewhat anomalous in Santa Monica, since most buildings are either
single use structures or mixed use, with clear divisions between residential and
commercial. Edgemar's unique design and diversity of uses pose challenges in
applying standardized conditions.
Condition #59, found on page 23 of the 1997 STOA state, "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." The "permittee" for purposes of Condition 59 is the
owner of the property and lessor to the applicant. It is not clear that the property
owner /landlord has, in fact, failed to comply with any condition(s). However, it appears
that one of the owner's tenants may have failed to comply with one or more conditions.
And, it can be and has been argued that the Development Review Permit makes the
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owner responsible for compliance with the conditions applicable to each use at the
Edgemar, even though the imposition of this responsibility is not explicit. The efficacy
of that argument in this context (where an applicant/tenant is seeking to open a new
business) might depend in part on whether there is a relationship between the likely
impacts of the proposed new business and the impacts of any current violation by
another tenant. It might also depend, in part, on the proportionality of the adverse
impacts of any current violations to the hardship upon the applicant. In any case, it is
certain that a legal dispute arising from this application would include a variety of
complex issues, including, but not limited to, interpretation of the Development Review
Permit conditions and the application of equitable principles. Given this complexity and
the novelty of the issues, the outcome would be difficult to predict. Nonetheless,
planning staffs recommendation, which is based mainly on the proposed project, the
site and the proposed permit conditions, continues to be denial of the appeal and
affirmance of the Planning Commissions' approval of the conditional use permit and
parking variance.
Prepared by: Rachel Dimond, AICP, Associate Planner
Marsha Moutrie, City Attorney
Approved: Forwarded to Council:
Uavid Martin, Director
Planning and Community Development
Attachments:
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Rod Gould
City Manager
A. Updated Draft Findings and Conditions of Approval
B. 1997 STOA for 96DR-001, 97CUP -004, 96VAR -001, 96CUP -011
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ATTACHMENT A
Draft Findings and Conditions of Approval
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
9.04.08.28.040(g) provides that an exercise facility in the CM district may be
permitted subject to a Conditional Use Permit. Furthermore, the project is
consistent with LUCE policy LU4.2 which seeks to encourage local- serving
businesses within walking distance of residences to reduce the frequency and
length of vehicular trips. The project site is located on Main Street adjacent to
residential uses, including the Ocean Park neighborhood. The applicant seeks
membership within the local community and proposes a TDM measure that
includes a rewards program incentivizing members to use alternative
transportation methods to the site. The project is also consistent with LUCE
policy D31.1, which recommends Main Street have a variety of commercial uses
for the surrounding community.
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 Main Street Special
Commercial district permits exercise facilities, and includes a mix of commercial,
retail, restaurant, and residential uses. The proposed exercise facility is
consistent with and complementary to other uses in the area, and is located in an
area of the City with a high concentration of pedestrian activity. It is not
anticipated that the proposed exercise facility would have any significant negative
impacts to the neighborhood. Moreover, conditions of approval associated with
both the conditional use permit and the parking variance requests, such as limits
to hours of operation and required valet parking, have been added to the project
to mitigate potential adverse impacts and to ensure the use's compatibility with
the surrounding neighborhood.
3. The subject parcel is physically suitable for the type of land use being proposed,
in that the parcel is developed with a two -story mixed use complex with 121 on-
site parking spaces (including 19 valet parking spaces) accessible from Main
Street that can accommodate the proposed use. Furthermore, the proposal
involves the re -use of an existing tenant space.
4. The proposed use is compatible with the land uses presently on the subject
parcel if the present land uses are to remain. These land uses include artist
studios, barber and beauty shops, general offices, general retail uses, a theater,
and a restaurant. The proposed use will not conflict with the existing uses.
Further, the proposed use is complementary to the mix of retail, service,
restaurant and residential uses on the subject parcel.
5. The proposed use would be compatible with existing and permissible land uses
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within the district and the general area in which the proposed use is to be
located, in that the Zoning Ordinance conditionally permits exercise facilities.
The proposed exercise facility is consistent with and complementary to the mix of
retail, service, restaurant, and residential uses in the area and specifically, the
uses on -site. Conditions of approval associated with both the conditional use
permit and the parking variance requests, such as limited hours of operation and
required valet parking, have been added to the project to mitigate potential
adverse impacts and to ensure the use's compatibility with the surrounding
neighborhood.
6. There are adequate provisions for water, sanitation, and public utilities and
services to ensure that the proposed use would not be detrimental to public
health and safety, in that the site is located in an urbanized area adequately
served by existing infrastructure.
7. Public access to the proposed use will be adequate, in that vehicular and
pedestrian access onto the site is provided from Main Street.
8. The physical location or placement of the use on the site is compatible with and
relates harmoniously to the surrounding neighborhood, in that the proposed
exercise facility would occupy an existing office space within an existing building
that is designed with pedestrian- orientation, and is adjacent to other service and
retail commercial uses in the area. Consistent with the intent of a pedestrian -
oriented use, the front of the tenant space would include retail visible through the
building's large glazing surfaces. This configuration of the first floor would help
activate the interior space adjacent to the courtyard, improving the building's
overall pedestrian- orientation along Main Street.
9. The proposed use is consistent with the goals, objectives, and policies of the
Land Use and Circulation Element (LUCE). Specifically, the proposed use is
consistent with LUCE policy LU2.5, Vehicle Trip Reduction, which recommends
strengthening of Transportation Demand Management programs that support
accessibility by transit, bicycle and foot, and discourage vehicle trips. The
applicant's TDM plan includes four components that will reduce vehicle trips to
the site associated with the proposed use. These components include
subsidized employee bus passes, incentives for alternative transportation, transit
and bicycle information available to members and employees, and the installation
of bike racks adjacent to the subject tenant space. This is also consistent with
the LUCE policy D31.9, which encourages the implementation of an employee
TDM program for new businesses. The proposed use is also consistent with
LUCE policy LU4.2, which seeks to encourage local- serving businesses within
walking distance of residences to reduce the frequency and length of vehicular
trips. The project site is located on Main Street that is adjacent to residential
uses, including the Ocean Park neighborhood. The applicant seeks membership
within the local community and proposes a TDM measure that includes a
rewards program incentivizing members to use alternative transportation
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methods to the site. Unlike other commercial uses where it is difficult to apply
measures that reduce customer parking demand, the membership aspect of the
exercise facility allows the applicant to provide a rewards program directly to its
customers which could effectively reduce vehicular trips to the site.
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 and Circulation Element, and project
conditions have been added to mitigate any potential adverse impacts.
11. The proposed use conforms precisely to the applicable performance standards
contained in Santa Monica Municipal Code Subchapter 9.04.12, in that no
performance standard permit is required.
12. The proposed use will not result in an over - concentration of such uses in the
immediate vicinity, in that the proposed exercise facility is located on Main Street
which is an active part of the City that frequented often by local residents as well
as office workers, shoppers, and visitors from outside the City. Furthermore,
while there are other exercise facilities in the Main Street commercial district, the
proposed use has unique programming that is different from other similar
facilities.
PARKING 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, in that the site is
developed with an existing two -story mixed use complex with a range of
neighborhood - serving uses with differing operating hours. The mixed use nature
of the subject property is a special circumstance in this neighborhood, as most
buildings along Main Street have single uses and thus, stagnant parking
demand. The range of uses and hours of operation create a synergy for parking,
as the on -site land uses have differing parking demands throughout the day. The
existing site constraints of a mixed use complex with surface and below -grade
parking do not allow for additional parking spaces to be provided for the
proposed use. Given the constraints of the existing on -site improvements, the
applicant proposes a Transportation Demand Management program to help
reduce the parking demand generated by the proposed exercise facility. In an
effort to manage and ensure the most efficient use of the on -site parking,
Condition No. 5 requires that valet service is provided for customers.
2. The granting of such variance will not be detrimental nor injurious to the property
or improvements in the general vicinity and district in which the property is
located in that the applicant's proposed TDM program will reduce the parking
demand and the amount of vehicular trips within the area generated by the
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proposed exercise facility. To ensure the reduction of parking demand, the
proposed TDM program is required as a condition of approval (Condition No. 6).
A valet service is further required for this project to allow the most efficient use of
the on -site parking (Condition No. 5).
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 the opportunity to establish an exercise facility is
limited due to the inability to provide additional parking spaces on -site required
by Code due to existing improvements located on the subject property and
precludes the addition of neighborhood serving small scale exercise facilities in
an existing mixed -use building that provides a broad range of community serving
uses.
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 Land Use and Circulation Element (LUCE). Consistent with the LUCE policy
D31.9, which encourages the implementation of an employee TDM program for
new businesses, the project proposes a Transportation Demand Management
strategy to help reduce the parking demand generated by the proposed use. In
addition to the 121 parking spaces provided on -site (9 specifically for a
retail /office use in the subject tenant space), the applicant proposes a
Transportation Demand Management program that offers a variety of incentives
for employees and customers to use alternate modes of transportation, including
public transit and bicycles. Unlike other commercial uses where it is difficult to
apply measures that reduce customer parking demand, the membership aspect
of the exercise facility allows the applicant to provide a rewards program directly
to its customers which could effectively reduce vehicular trips to the site. The
program also proposes to provide transit service information to employees and
customers. To ensure the reduction of parking demand generated by the
proposed use, this proposed TDM program is a condition of approval (Condition
No. 6).
5. The variance would not impair the integrity and character of the district in which it
is to be located in that the proposed TDM program will encourage employees
and customers to use alternate modes of transit to the site, thereby reducing the
amount of vehicular trips and parking demand within the area. The plan will help
increase the use of public transit and bicycles, supporting the pedestrian
character of the district. To ensure the reduction of parking demand, the
proposed TDM program is a condition of approval (Condition No. 6). In addition,
Condition No. 5 requires that valet service is provided for this project to allow the
most efficient use of the on -site parking.
6. The subject site is physically suitable for the proposed variance in that the parcel
is developed with a two -story mixed use complex with 121 on -site parking spaces
accessible from Main Street that can accommodate the proposed use. As
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demonstrated in the parking inventory and data collected by traffic engineering
consultants, Gibson Transportation Consulting, Inc., a sufficient number of
parking spaces are provided to meet the greater parking demand of the
participating uses in that the proposed leasing of 2,621 square feet of exercise
facility (health club for parking requirements) would not generate a deficiency of
parking spaces contained on the subject parcel. Vehicle trips to the site and on-
site parking demand will be reduced through a Transportation Demand
Management Plan to further promote transit, walking, and bicycling (Condition
No. 6). Specifically, the Transportation Demand Management Plan includes
employee transportation subsidies, bicycle parking, member incentives and
providing transportation information to members and employees, which
combined will have a visible effect on vehicular trips to the subject business.
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 vehicular and pedestrian access onto the site is provided
from Main Street. 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. As part of the TDM
program monitoring, the applicant shall annually submit a parking analysis that
demonstrates the effectiveness of the TDM measures and successful
implementation of shared parking on -site. Specifically, Condition No. 11 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 exercise facility. The program would
provide incentives for both employee and customers to use alternate modes of
transportation other than private vehicle to the site. In addition, a valet service is
required for this project to manage the existing parking on site and to allow the
most efficient use of the on -site parking (Condition No. 10).
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 on -site by the proposed exercise facility that is a compatible use within
the district.
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CONDITIONS OF APPROVAL:
PLANNING AND COMMUNITY DEVELOPMENT
Conformance with Approved Plans
1. This approval is for those plans dated February 28, 2013, 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.
2. Minor amendments to the plans shall be subject to approval by the Director of
Planning. A significant change in the approved concept shall be subject to
Planning Commission Review. Construction shall be in conformance with the
plans submitted or as modified by the Planning Commission, Landmarks
Commission, or Director of Planning.
3. Final valet service operations shall be subject to the review and approval of the
Transportation Management Division.
4. 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.
Project Specific Conditions:
5. All doors providing access to the tenant space from the exterior shall be closed
during business hours. The emergency exit that egresses to 2nd Street shall be
closed at all times, except when used as emergency egress.
6. Prior to commencing business operations and use of the exercise room, the
applicant shall install sound - absorbing plywood or similar noise - reducing
reinforcements on the interior of the north walls inside the tenant space, subject
to approval by the Director of Planning.
7. Prior to commencing business operations and use of the exercise room, the
applicant shall install a noise - reducing rubber floor surface, subject to approval
by the Director of Planning.
8. The business shall only be open to customers during the following hours:
Monday through Friday: 6:30am through 10pm; Saturday and Sunday: 8am
through 5pm.
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9. All on -site exercise activities associated with the proposed use shall only be
located within the exercise room inside the tenant space, as detailed on those
plans dated February 28, 2013.
Parking Variance Conditions
10. Valet parking service shall be provided on -site for customers of the subject
business during business operating hours of the subject business.
11. As a part of the gym operator's parking reduction plan, the Transportation
Demand Management program shall consist of the following measures:
• Employee Transit Subsidy: The gym operator shall provide all employees
with a 100% subsidy for transit passes for the life of the project, or 50% cash
equivalent for employees who walk or ride bicycles to work.
• Bike Racks: The gym operator shall provide ten (10) spaces, available for
employees and customers. Should there be no on -site location for ten (10)
spaces, at least five (5) spaces shall be located on -site, with the remainder
located directly adjacent to the subject property in the public right of way.
• Transportation Information: The gym operator shall prominently display
transportation information in high traffic areas of the facility, including
information on ride share, shuttles, buses, bicycling, and other multi -modal
transportation. This information will also be provided to patrons at
registration.
• Transportation Incentive Program: The gym operator shall establish and
operate a program for patrons who do not drive to the site. Upon check -in,
staff shall keep track of the method of arrival for each member. Patrons who
do not drive to the site would benefit by a rewards program to be designed by
the operator. The rewards program shall include, but shall not be limited to, a
free hour of personal training for every 20 trips without using a vehicle (or
reward with equal or greater monetary value), and any other reward program
features intended to be effective in incentivizing members to use alternative
transportation methods.
12. The gym operator shall provide a minimum of two hours of validated parking for
all patrons of the business.
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Administrative
13. The Planning Commission's approval, conditions of approval, or denial of this
application may be appealed to the City Council if the appeal is filed with the
Zoning Administrator within fourteen consecutive days following the date of the
Planning Commission's determination in the manner provided in Part 9.04.20.24,
Sections 9.04.20.24.010 through 9.04.20.24.040. Any appeal must be made in
the form required by the Zoning Administrator. The approval of this permit shall
expire if the rights granted are not exercised within eighteen (18) months from
the permit's effective date. Exercise of rights shall mean actual commencement
of the use granted by the permit. One six month 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.
14. Within ten (10) 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.
15. 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.
16. 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 in operation.
17. 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.
18. Applicant is advised that projects in the California Coastal Zone may need
approval of the California Coastal Commission prior to issuance of any building
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permits by the City of Santa Monica. Applicant is responsible for obtaining any
such permits.
Construction Plan Requirements
19. Final building plans submitted for approval of a building permit shall include on
the plans a list of all permanent mechanical equipment to be placed indoors
which may be heard outdoors.
20. The property owner shall insure any graffiti on the site is promptly removed
through compliance with the City's graffiti removal program.
21. A sign shall be posted on the property in a manner consistent with the public
hearing sign requirements which shall identify the address and phone number of
the owner and /or applicant for the purposes of responding to questions and
complaints during the construction period. Said sign shall also indicate the hours
of permissible construction work.
22. A copy of these conditions shall be posted in an easily visible and accessible
location at all times during construction at the project site. The pages shall be
laminated or otherwise protected to ensure durability of the copy.
Environmental Mitigation
23. Ultra -low flow plumbing fixtures are required on all new development and
remodeling where plumbing is to be added. (Maximum 1.6 gallon toilets and 1.0
gallon urinals and low flow shower head.)
24. To mitigate solid waste impacts, prior to issuance of a Certificate of Occupancy,
project owner shall submit a recycling plan to the Public Works Department for its
approval. The recycling plan shall include 1) list of materials such as white
paper, computer paper, metal cans, and glass to be recycled; 2) location of
recycling bins; 3) designated recycling coordinator; 4) nature and extent of
internal and external pick -up service; 5) pick -up schedule; 6) plan to inform
tenants/ occupants of service.
Standard Conditions
25. 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.
26. The project shall at all times comply with the provisions of the Noise Ordinance
(SMMC Chapter 4.12).
27. Street and /or alley lighting shall be provided on public rights -of -way adjacent to
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the project if and as needed per the specifications and with the approval of the
Public Works Department.
28. Mechanical equipment shall not be located on the side of any building which is
adjacent to a residential building on the adjoining lot. Roof locations may be
used when the mechanical equipment is installed within a sound -rated parapet
enclosure.
29. 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.
30. Final building plans submitted for approval of a building permit shall include on
the plans a list of all permanent mechanical equipment to be placed outdoors and
all permanent mechanical equipment to be placed indoors which may be heard
outdoors.
31. Prior to issuance of a Business License, 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 time
the establishment is in operation.
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1997 STOA
M
PROJECT
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CITY OF SANTA MONICA
CITY COUNCIL
We
CASE NUMBER: Development Review 96 -001, Conditional Use Permit 97-
004, Variance 96 -001, and Conditional Use Permit 96 -011.
LOCATION: 2415 -2449 Main Street
APPLICANT: Edgemar Development /The Loretta Theater
CASE PLANNER: Donna Jerex, Associate Planner
REQUEST: General Plan Amendment 96 -001 to change the land use
designation for the portion of the property currently zoned
residential (from medium density residential to service and
specialty commercial); Text Amendment 96 -003, to amend
the Official Districting Map for the portion of the property
currently zoned OP -2 to CM -2; Text Amendment 97 -004,
to amend SMMC Section 9.04.08.28.070 to remove the
seating limitation for restaurants on the east side of Main
Street north of Ocean Park Boulevard; Development
Review 96 -001 to amend existing conditions of approval,
including extending the expiration date for commercial use
of the residentially zoned portion of the site from 2020 to
2045, and to permit a change in use from museum space
to live performance theater space with a maximum of two
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artist studios; Conditional Use Permit 97 -004 to allow a live
performance theater complex with 164 seats; Variance 96-
001 to permit the new uses with valet operated stack
parking and Conditional Use Permit 96 -011 to allow
outdoor restaurant seating with alcohol sales and to allow
an increase in the total number of restaurant seats from 75
to 101.
CEQA STATUS: The project is categorically exempt from the provisions of!i
CEQA pursuant to Class I (Section 15301(e)) of the State
Guidelines in that the addition to the existing structure
would not result in more than 2,500 square feet of floor
area, and that the change of use is a minor alteration to
the project involving limited interior and exterior
modification to the existing structure; and Class 5 in that
the zone change and General Plan land use designation
amendment is a minor land use limitation modification that
does not change the existing use or density on the site.
CITY COUNCIL ACTION
August 26. 1997 Date.
X Appeals denied, Planning Commission action upheld with additional
conditions, and project approved based on the following findings and
subject to the conditions below.
Denied.
Other.
EFFECTIVE DATES OF ACTIONS:
August 26, 1997 General Plan Amendment 96 -001( Resolution No. 9191), to change
the land use designation for the portion of the property classified as
medium density residential to service and specialty commercial.
October 10. 199 7 Development Review 96 -001, amendment of existing conditions of
approval and change in use from museum space to live performance
theater space with a maximum of two artist studios, subject to City
Council approval of General Plan Amendment 96 -001 and Text
Amendment 96 -003.
October 10, 1997 Conditional Use Permit 97 -004, to allow a live performance theater
complex with 164 seats, subject to City Council approval of General
Plan Amendment 96 -001 and Text Amendment 96 -003.
October 10, 1997 Variance 96 -001, to permit the theater, artist studios and restaurant
expansion with the provision of 26 rather than the Code required 47
parking spaces, subject to City Council approval of General Plan
Amendment 96 -001 and Text Amendment 96 -003.
October 24, 1997 Conditional Use Permit 96 -011, to permit an increase in total
restaurant seats from 75 to 101, subject to City Council approval of
General Plan Amendment 96 -001, Text Amendment 96 -003, and Text
Amendment 97 -004.
EXPIRATION DATES OF ANY PERMITS GRANTED:
One Year From Effective Date Development Review 96 -001, Conditional Use
Permit 97 -004, Variance 96 -001, and Conditional
Use Permit 96 -011.
LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATES
Any request for an extension of the expiration date must be received in the Planning and
Zoning Division prior to expiration of this permit.
6 Months
TEXT AMENDMENT 96 -003
The City Council adopted Text Amendment 96 -003 through Ordinance No. 1883.
TEXT AMENDMENT 97 -004
The City Council adopted Text Amendment 97 -004 through Ordinance No. 1884.
DEVELOPMENT REVIEW 96-001 (Amendment of existing conditions of approval and
change in use from museum space to live performance theater space with a
maximum of two artist studios)
r
1. The physical location, size, massing, and placement of proposed structures
on the site and the location of proposed uses within the project are
compatible with and relate harmoniously to surrounding sites and
neighborhoods, in that the project has been previously developed and
conditioned to be consistent with the scale, height, character and massing
of the neighborhood and that the theater and artist studios as well as the
new mezzanine and second floor office square footage will be
accommodated within the shell of the existing structure. The restaurant
expansion from 75 seats to 101 seats will be compatible with the surrounding
site and neighborhood in that parking for the additional seating can be
accommodated on -site; the overall seating cap for the block in which the
restaurant is located will not exceed the current maximum of 400; and the
project conditions have been amended to ensure that hours of operation and
noise levels will be restricted to ensure compatibility with the surrounding
residential neighborhood. However, the proposal to allow a range of uses
to occupy the museum space is not compatible with the surrounding
neighborhood in that it eliminates the discretion to determine if changes to
the mix of the project uses is compatible with the development's community
serving character. Further, allowance of eight live entertainment events per
year and up to three retail sales events per year in the artists studios is not
compatible with the surrounding neighborhood because such an approval
eliminates the ability to review each event on an individual basis to ensure
adjacent residential uses are not negatively impacted. Such limited uses
should be reviewed individually through a Temporary Use Permit.
2. The rights -of -way can accommodate autos and pedestrians, including
parking and access, in that the site is served by sidewalks for pedestrians,
102 parking spaces are provided on -site, and 19 additional parking spaces
will be provided through a valet operated stack parking system for those
peak hours which generate additional traffic during the times that both
performance theaters will be in use.
3. The health and safety services (police, fire, etc.) and public infrastructure
(e.g, utilities) are sufficient to accommodate the new development, in that the
subject site is located in an urbanized area adequately served by existing
infrastructure.
4. The project is generally consistent with the Municipal Code and General
Plan. The General Plan and Municipal Code permit theaters, artist studios,
general retail, restaurant, and general office uses in commercially -zoned
areas and with approval of the proposed General Plan Map amendment,
amendment to the Official Districting Map, and amendment to Zoning
Ordinance Section 9.04.08.28.070, the project complies with all applicable
standards. The proposed restaurant expansion to 101 seats is compatible
with the surrounding site and neighborhood in that parking for the additional
seating can be accommodated on -site and the overall seating cap for the
block in which the restaurant is located will not exceed the current maximum
of 400.
CONDITIONAL USE PERMIT 97 -004 (For the Live Performance Theater)
FINDINGS:
The proposed theater 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 theaters
containing more than 75 seats is a permitted use in the CM -2 district with
approval of a Conditional Use Permit.
2. The proposed theater use would not impair the integrity and character of the
district in which it is to be established or located. The new theater will
replace the museum that has been established at this site for over 10 years,
and this new combination of theater and artist studio use would contribute to
the mixed use environment envisioned for Main Street by adding residential
units as well as a small scale community serving entertainment activity to the
Edgemar development.
3. The subject parcel is physically suitable for the type of land use being
proposed, in that the theater would replace an existing museum space,
would only involve interior alterations and would provide a leisure -time use
for both surrounding residents and tourists visiting the Main Street area.
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 theater
replaces the museum use which is similar in nature as it is designed to
complement the neighboring restaurant and retail uses within the overall
development.
5. The proposed theater 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 theater use, like the museum it replaces, provides
a venue for leisure time activities and complements the surrounding
commercial and retail uses in the neighborhood. The 164 -seat limitation and
conditions requiring the performance start times to be staggered by a
minimum of %hour will not adversely impact the surrounding neighborhood.
All parking will be provided on -site through a valet operated stack parking
system.
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 in a developed urban area where
services are provided.
7. Public access to the proposed use will be adequate, in that 102 on -site
parking spaces will be provided and the site is in close proximity to City
parking Lot 10A (at the northwest corner of Hill Street and Neilson Way), Lot
11 (at the southeast corner of Hollister Avenue and Neilson Way, across
from the project site), and Lot 26 (at the southeast corner of Strand Street
and Neilson Way). The Santa Monica Municipal Bus Line also services Main
Street.
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
theater will be located in the existing space currently occupied by a museum.
Access to Second Street will be limited to loading dock use, emergency
access, and artist studio access, and conditions relating to mechanical
equipment installation, hours of operation, and loading dock use will control
noise at the site.
9. The proposed use is consistent with the goals, objectives, and policies of the
General Plan, in that Land Use Element Policy 1.6.7 encourages commercial
uses on Main Street that provide leisure time opportunities for surrounding
residents and area visitors and that the addition of theaters at the Edgemar
site will complement other commercial activities on -site and in the
surrounding area while also providing a community serving cultural use
within walking distance of the adjacent residential neighborhood.
10. The 164 -seat theater would not be detrimental to the public interest, health,
safety, convenience, or general welfare, in that the applicant must comply
with the conditions of the approval including limitations on noise, access to
the site from Second Street, and live entertainment, which are intended to
minimize the affect of the use on adjacent residential neighbors.
11. The proposed use conforms precisely to the applicable performance stan-
dards 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 this use does not require a performance
standard permit, but is required to meet the conditions of this Conditional
Use Permit.
12. The proposed use will not result in an over concentration of such uses in the
immediate vicinity, in that no other live performance theaters exist on Main
Street.
VARIANCE 96 -001 (To Permit Valet Operated Tandem Parking)
FINDINGS:
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, in that, in accordance with the parking study provided, the
parking demands for the mix of retail, restaurant, office, and theater uses, as
well as the fluctuation in the hours of operation for the theaters, will create
a lesser parking demand than that which would ordinarily be required if each
use were to be reviewed individually in accordance with the City's parking
requirements.
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 project would provide for valet operated stack
parking at peak visitor hours, and during theater operation, and therefore the
on -site parking and available City parking lots will be able to accommodate
the parking needs for the various uses.
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 although all required parking
spaces cannot be provided on -site without a stack parking system, a parking
study has been submitted which demonstrates that parking needs can be
10
accommodated on site with a valet operated stack parking system.
4. The granting of a variance will not be contrary to or in conflict with the
general purposes and intent of this Chapter, or to the goals, objectives and
policies of the General Plan, in that the Zoning Ordinance allows variances
to parking standards if certain findings can be made, and in that a parking
study demonstrated that through the use of valet operated stack parking
during peak hours, adequate parking exists on -site to support the proposed
uses.
5. The variance would not impair the integrity and character of the district in
which it is to be located, in that the parking study has demonstrated that
parking accommodations can be made on -site through valet operated
parking and with the approval of a valet operation management plan.
6. The subject site is physically suitable for the proposed variance, in that it is
a previously developed parcel with an existing parking structure.
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 subject site has been previously developed
and contains access to all relative infrastructure necessary to accommodate
the theaters and artist studios requested.
8. There will be adequate provisions for public access to serve the subject
variance proposal, in that the subject site is adequately served by existing
streets and alley.
9. The strict application of the provisions of Chapter 10 of the City of Santa
Monica Comprehensive Land Use and Zoning Ordinance would result in
unreasonable deprivation of the use or enjoyment of the property, in that the
community serving live performance theater and artist's studios would not be
possible without the allowance for valet operated parking that enables all
required parking to be provided on -site.
CONDITIONAL USE PERMIT 96-011 (Expansion of Restaurant)
FINDINGS:
The proposed restaurant expansion is a conditionally permitted use
permitted in conjunction with the approved Development Review permit (DR
96 -001) within the subject district and, subject to City Council approval of
11
General Plan Amendment 96 -001, Text Amendment 96 -003 and Text
Amendment 97 -004, the use complies with all of the applicable provisions of
the "City of Santa Monica Comprehensive Land Use and Zoning Ordinance'.
2. The proposed use would not impair the integrity and character of the district
in which it is to be established or located. The restaurant expansion from 75
seats to 101 seats will be compatible with the surrounding site and
neighborhood in that parking for the additional seating can be
accommodated on -site; the overall seating cap for the block in which the
restaurant is located will not exceed the current maximum of 400; and the
project conditions restrict the hours of operation and noise levels to ensure
compatibility with the surrounding residential neighborhood. Furthermore,
a General Plan and Zone Change amendment have been recommended to
the City Council to amend the Official Districting Map from OP -2 to CM -2 and
to change the General Plan Land Use Designation from medium density
residential to service and specialty commercial. This amendment will provide
consistency with Land Use Element Policy 1.1, which states that all
development shall be consistent with the Land Use Map, in that the site
zoning and land use designation will be rendered consistent with the current
and historical site development pattern.
3. The subject parcel is physically suitable for the type of land use being
proposed, in that the restaurant seating expansion will not involve the
addition of square footage, and parking can be accommodated on -site for
the additional outdoor seating requested. This use enhances leisure -time
activities for both surrounding residents and tourists visiting the Main Street
area.
4. The proposed restaurant expansion is compatible with any of the land uses
presently on the subject parcel if the present land uses are to remain, in that
the restaurant seating expansion is minor in nature as it does not involve the
addition of square footage, and the parking for the additional outdoor seating
can be accommodated on -site.
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 expanded restaurant with outdoor seating provides a
venue for leisure time activities and complements the surrounding
commercial and retail uses in the neighborhood.
6. There are adequate provisions for water, sanitation, and public utilities and
services to ensure that the proposed restaurant expansion would not be
detrimental to public health and safety, in that the site is in a developed
12
urban area where services are provided.
7. Public access to the proposed use will be adequate, in that 102 on -site
parking spaces will be provided and the site is in close proximity to City
parking Lot 10A (at the northwest corner of Hill Street and Neilson Way), Lot
11 (at the southeast corner of Hollister Avenue and Neilson Way, across
from the project site), and Lot 26 (at the southeast corner of Strand Street
and Neilson Way). The Santa Monica Municipal Bus Line also services Main
Street.
S. The physical location or placement of the use on the site is compatible with
and relates harmoniously to the surrounding neighborhood, in that 12 of the
26 additional restaurant seats will be located within the existing
establishment and that any impacts associated with the 14 new outdoor
seats will be mitigated through conditions of approval relating to noise
(Conditions #14, #40 and #45).
9. The proposed uses are consistent with the goals, objectives, and policies of
the General Plan, in that Land Use Element Policy 1.6.7 encourages
commercial uses on Main Street that provide leisure time opportunities for
surrounding residents and area visitors. Furthermore, the restaurant
expansion at the Edgemar site will complement other commercial activities
on -site and in the surrounding area while also providing a community serving
cultural use within walking distance of the adjacent residential neighborhood.
10. The proposed restaurant expansion from 75 to 101 seats would not be
detrimental to the public interest, health, safety, convenience, or general
welfare, in that the applicant must comply with the conditions of the approval
including limitations on noise, access to the site from Second Street, and live
entertainment, which are intended to minimize the effect of the use on
adjacent residential neighbors.
11. The proposed restaurant expansion conform 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 these uses do not
require a performance standard permit, but are required to meet the
conditions of this Conditional Use Permit.
12. The proposed use will not result in an over concentration of such uses in the
immediate vicinity, in that the proposed restaurant expansion will not
increase the number of restaurants on this block.
13
E
E
DEVELOPMENT REVIEW 96 -001 (Amendment of existing conditions of approval and
change in use from museum space to live performance theater space with a
maximum of two artist studios)
CONDITIONS:
Plans
This approval is for those plans dated April 8, 1997, and revised on May 21, 1997
and July 31, 1997, a copy of which shall be maintained in the City Planning Division
files. Project development shall be consistent with such plans, except as otherwise
specified in these conditions of approval.
The Plans shall comply with all other provisions of Chapter 1, Article IX of the
Municipal Code, (Zoning Ordinance) and all other pertinent ordinances and General
Plan policies of the City of Santa Monica.
3. Prior to building permit issuance for the theater space, the final parking lot layout
(including the provision of tandem or stack parking spaces for valet parking) and
specifications shall be approved by the Parking and Traffic Engineer.
4. Minor amendments to the plans shall be subject to approval by the Director of
Planning and Community Development. An increase of more than 300 sq. ft. or a
significant change in the approved concept, such as a change from the theater use
to another use, shall be subject to an amendment to the Development Review
Permit. Construction shall be in conformance with the plans submitted or as
modified by the Planning Commission, Architectural Review Board or Director of
Planning. Restaurant seating may not exceed 101 seats (87 indoor, and 14
outdoor), including any patio seating areas specifically designated for restaurant
seating. The location of the 14 outdoor seats is limited to the area designated as
"Proposed Outdoor Dining Area" on the plans dated April 8, 1997, and revised on
May 21, 1997.
Architectural Review Board
5. Prior to consideration of the project by the Architectural Review Board, the applicant
shall review disabled access requirements with the Building and Safety Division and
make any necessary changes in the project design to achieve compliance with such
requirements. The Architectural Review Board, in its review, shall pay particular
attention to the aesthetic, landscaping, and setback impacts of any ramps or other
features necessitated by accessibility requirements.
6. Plans for final design, landscaping, screening, trash enclosures, and signage shall
W.
0
n
be subject to review and approval by the Architectural Review Board.
The Architectural Review Board, in its review, shall pay particular attention to the
project's pedestrian orientation and amenities; scale and articulation of design
elements; exterior colors, textures and materials; window treatment; glazing; and
landscaping.
8. Landscaping plans shall comply with Subchapter 5B (Landscaping Standards) of
the zoning ordinance including use of water - conserving landscaping materials,
landscape maintenance and other standards contained in the Subchapter.
9. Refuse areas, storage areas and mechanical equipment shall screened in
accordance with SMMC Section 9.04.10.02.130- 9.04.10.02.150. Refuse areas
shall be of a size adequate to meet on -site need, including recycling. The
Architectural Review Board in its review shall pay particular attention to the
screening of such areas and equipment. Any rooftop mechanical equipment shall
be minimized in height and area, and shall be located in such a way as to minimize
noise and visual impacts to surrounding properties. Unless otherwise approved by
the Architectural Review Board, rooftop mechanical equipment shall be located at
least five feet from the edge of the roof. Except for solar hot water heaters, no
residential water heaters shall be located on the roof.
10. Construction period signage shall be subject to the approval of the Architectural
Review Board.
11. As appropriate, the Architectural Review Board shall require the use of anti - graffiti
materials on surfaces likely to attract graffiti.
Fees
12. The City is contemplating the adoption of a Transportation Management Plan which
is intended to mitigate traffic and air quality impacts resulting from both new and
existing development. The Plan will likely include an ordinance establishing
mitigation requirements, including one -time payment of fees on certain types of new
development, and annual fees to be paid by certain types of employers in the City.
This ordinance may require that the owner of the proposed project pay such new
development fees, and that employers within the project pay such new annual
employer fees related to the City's Transportation Management Plana Development
applications shall not be subject to the potential new development fee if no
ordinance implementing such fees has been adopted prior to issuance of a building
permit for the project.
In addition, the applicant has agreed to institute the following Transportation
15
Demand Management (TDM) measures, and shall submit a plan outlining these
measures to the Director of Planning and Corrimunity Development:
A) Preferential parking shall be provided to persons arriving in vanpools and
carpools.
B) Bicycle racks capable of securing at least seven (7) bicycles shall be
maintained on the project site. ,
C) Bus passes or tokens shall be made available by the applicant at half price
to employees who utilize public transportation to and from their place of
work.
13. A Park and Recreation Facilities Tax of $200.00 per unit shall be due and payable
at the time of issuance of a building permit for the construction or placement of the
residential units on the subject lot, per and subject to the provisions of Section
6.80.010 et. seq. of the Santa Monica Municipal Code.
Construction
14. Vehicles hauling dirt or other construction debris from the site shall cover any open
load with a tarpaulin or other secure covering to minimize dust emissions.
15. A construction period mitigation plan shall be prepared by the applicant for approval
by the Department of Environmental and Public Works Management prior to
issuance of a building permit. The approved mitigation plan shall be posted on the
construction site for the duration of the project construction and shall be produced
upon request. As applicable, this plan shall 1) Specify the names, addresses,
telephone numbers and business license numbers of all contractors and
subcontractors as well as the developer and architect; 2) Describe how demolition
of any existing structures is to be accomplished; 3) Indicate where any cranes are
to be located for erection /construction; 4) Describe how much of the public street,
alleyway, or sidewalk is proposed to be used in conjunction with construction; 5) Set
forth the extent and nature of any pile- driving operations; 6) Describe the length and
number of any tiebacks which must extend under the property of other persons; 7)
Specify the nature and extent of any dewatering and its effect on any adjacent
buildings; 8) Describe anticipated construction- related truck routes, number of truck
trips, hours of hauling and parking location; 9) Specify the nature and extent of any
helicopter hauling; 10) State whether any construction activity beyond normally
permitted hours is proposed; 11) Describe any proposed construction noise
mitigation measures; 12) Describe construction -period security measures including
any fencing, lighting, and security personnel; 13) Provide a drainage plan; 14)
Provide a construction - period parking plan which shall minimize use of public
streets for parking; 15) List a designated on -site construction manager; 16) Provide
a construction materials recycling plan which seeks to maximize the reuse /recycling
of construction waste; 17) Provide a plan regarding use of recycled and low -
environmental- impact materials in building construction; 18) provide a construction
period water runoff control plan.
16. Street trees shall be maintained, relocated or provided as required in a manner
consistent with the City's Tree Code (Ord. 1242 CCS), per the specifications of the
Community and Cultural Services Division and the Department of Environmental
and Public Works Management. No street tree shall be removed without the
approval of the Community and Cultural Services Division.
17. A sign shall be posted on the property in a manner consistent with the public
hearing sign requirements which shall identify the address and phone number of the
owner and /or applicant for the purposes of responding to questions and complaints
during the construction period. Said sign shall also indicate the hours of permissible
construction work.
18. The property owner shall insure any graffiti on the site is promptly removed through
compliance with the City's graffiti removal program.
19. A copy of these conditions shall be posted in an easily visible and accessible
location at all times during construction at the project site. The pages shall be
laminated or otherwise protected to ensure durability of the copy,
Environmental Mitigation
20. Ultra -low flow plumbing fixtures are required on all new development and
remodeling where plumbing is to be added. (Maximum 1.6 gallon toilets and 1.0
gallon urinals and low flow shower head.)
21. To mitigate solid waste impacts, prior to issuance of a Certificate of Occupancy,
restaurant owner shall submit a recycling plan to the Department of Environmental
and Public Works for its approval. The recycling plan shall include 1) list of
materials such as white paper, computer paper, metal cans, and glass to be
recycled; 2) location of recycling bins; 3) designated recycling coordinator; 4) nature
and extent of internal and external pick -up service; 5) pick -up schedule.
Miscellaneous Conditions
22. The building address shall be painted on the roof of the building and shall measure
four feet by eight feet (32 square feet).
17
23. 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.
24. Street and /or alley lighting shall be provided on public rights of way adjacent to the
project if and as needed per the specifications and with the approval of the
Environmental and Public Works Management Department.
25. Mechanical equipment shall not be located on the side of any building which is
adjacent to a residential building on the adjoining lot. Roof locations may be used
when the mechanical equipment is installed within a soundrated parapet enclosure.
26. 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.
27. Final building plans submitted for approval of a building permit shall include on the
plans a list of all permanent mechanical equipment to be placed outdoors and all
permanent mechanical equipment to be placed indoors which may be heard
outdoors.
28. No noise generating compressors or other such equipment shall be placed adjacent
to neighboring residential buildings.
29. Openable windows shall be provided throughout the project, in a manner consistent
with applicable building code and energy conservation requirements.
30. Street trees along Main Street and Second Street shall be maintained, relocated or
provided as required in a manner consistent with City's Tree Code (Ord. 1242
CCS), per the specifications of the Department of Community and Cultural Services
and the Department of Environmental and Public Works Management. No street
tree shall be removed without the approval of the Department of Community and
Cultural Services.
Parking
31. Parking lot illumination shall be provided and maintained.
32. A security gate shall be installed to close off parking areas between the hours of
1:00 a.m. and 6:30 a.m., Monday through Friday and 2:00 a.m. and 8:00 a.m. on
`d=
Saturdays and Sundays with the exception of New Years Day when the parking
area must be closed at 2:00 a.m. Plans for the gate shall be reviewed and
approved by the Director of Planning and Community Development prior to building
permit issuance for the theater and /or artist studios.
33. Prior to building permit issuance for the theater, the applicant shall submit a plan to
the Director of Planning and Community Development for review and approval of
the valet parking and management program required for the theater, restaurant
expansion, and artist studios. If the Director determines that additional review is
required, the plan shall return to the Planning Commission for a public hearing. This
plan shall include, but not be limited to, the following:
A) Valet parking shall be provided after 7:00 pm daily and anytime the theater
space is in operation for performances or workshops.
B) A sign shall be posted that valet parking is available for patrons of the
Edgemar complex after 7:00 p.m.
C) A charge may be levied for valet parking.
D) The valet service shall not park cars on the surface parking lot after 9:00
p.m., with the exception of vans and vehicles for disabled patrons. After 9:00
p.m., existing parked cars may remain and the surface parking lot spaces
shall be blocked to prevent parking of additional cars in a manner
satisfactory to the Director of Planning and Community Development.
E) The valet service shall not set car alarms.
F) Valet service shall not interrupt pedestrian flow in front of the project by
blocking the sidewalk.
G) The valet service shall not back vehicles down the street.
H) The valet will have an on -site queuing area that is of sufficient size to
accommodate two waiting vehicles where customers will drop off their cars,
and a return area for returning vehicles one at a time off Main Street.
The valet operation and management plan shall establish a minimum
number of valet attendants and supervisors to be provided when the stack
parking operation in use for the theater.
J) The valet service shall not utilize Second Street as part of its designated
route.
19
I]
K) If, after the theater has been in operation for six months, the Director of
Planning and Community Development determines that the valet parking
operation and management plan does not adequately address Edgemar
parking needs, the applicant shall submit a revised plan for review and
approval. If the Director determines that additional review is required the
plan shall return to the Planning Commission for a public hearing.
Artist Studio Conditions
34. The 2,293 sq. ft. space designated on the plans dated April 8, 1997, and revised on
May 21, 1997 and July 31, 1997, as artist loft space may be converted to no more
than two (2) individual artist studios. A loft or mezzanine may be added to such
studios, provided that such mezzanine conforms with SMMC Section
9.04.02.030.485. Final plans shall be subject to review and approval by the Director
of Planning and Community Development.
35. There shall be no use or storage of toxic chemicals or other similarly hazardous
materials in the artist studios exclusive of paint, paint materials, and chemicals
utilized in photographic development.
36. The use of torches or other welding equipment is prohibited.
37. Occupants of the artist studio lofts shall not use noise generating equipment which
exceeds 45 dba as measured from any property line abutting or adjacent to a
residential parcel
38. The existing emergency exits shall remain in place only to exit the property. The
emergency exit alarm shall be disconnected. A sign shall be posted at each
emergency exit door advising that said door is for emergency exit only. Except for
the loading dock and the artist studios entrance, all access points on Second Street
shall be posted and limited to emergency exiting only. Notwithstanding this
condition, the resident artists may utilize the northernmost gate if a limited entry
system is implemented, such as the 'Biaxial' lock cylinder with restricted key
duplication system. This keyed access system shall be reviewed and approved by
the Director of Planning and Community Development priorto building permit for the
artist studios.
39. One front entry door along Second Street shall be permitted for each of the two
artist studios. Windows shall also be permitted. The entrances and windows shall
be subject to review and approval by the Architectural Review Board. if the floor
area hereby approved for use as artist studios is later converted to another non-
20
residential use; then before operating such a new commercial use at this location
of the project, the entrances and windows hereby allowed on Second Street shall
immediately be removed and the openings sealed.
40. Retail sales from the artist studios may be permitted a maximum three days per
year, subject to the review and approval of a Temporary Use Permit,
Theater Condition
41. The rights granted by the approval of DR 96 -001 to allow the theater use cannot be
exercised until the effective date of the City Council's approval of Text Amendment
96 -003 to amend the Official Districting Map from OP -2 to CM -2 and General Plan
Amendment 96 -001 to change the land use designation from medium density
residential to service and specialty commercial.
Special Conditions
42. Noise levels for all uses located on that portion of the Edgemar parcel with frontage
on Second Street and within 100 feet of Second Street, which were zoned OP -2
prior to any approvals for a zone change to CM -2, shall be subject to the exterior
noise standard established for residential uses as specified in Santa Monica
Municipal Code Chapter 4.12.
43. The property owner shall irrigate and maintain the landscaping in the northeast
planter box so that it is healthy at all times.
44. The property owner is required to maintain the noise level of the fan on Second
Street in accordance with City ordinances and not higher than the noise level as
measured on 8112188.
45. The hedge along Second Street shall be maintained by the property owner. With
the exception for access and windows to the artist studios, the hedge shall be full
and completely fill in the space between the wall and the sidewalk.
46. With the exception of the 14 permitted outdoor restaurant seats, the outdoor patio
shall not be used for restaurant service of food, beverages, and /or alcoholic
beverages,
47. Ground floor uses shall be limited to pedestrian oriented uses as defined in -SMMC
Section 9.04.02.030.650.
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48. Any significant change in the approved concept, change in the proportion of the
various uses or change in intensity of use from those uses approved as part of this
Development Review Permit (for example any change for the proposed theater
space or density increase to more than 101 seats for the restaurant) shall require
an amendment to the Development Review permit and that additional parking be
provided to meet Municipal Code requirements,
49. The developer shall notify potential tenants of possible overflights and respective
aircraft noise, as required by the Division of Aeronautics, Department of
Transportation.
50. At least one third of the ground floor retail lease space, exclusive of the restaurant
and theater shall be designated for leasing to neighborhood commercial uses as
defined in the Land Use Element.
51. The Developer shall maintain the Second Street elevation including the Second
Street sidewalk and walls and fences in a clean manner.
52. The lessee of the ground Floor retail space shall make an affirmative effort to give
priority to local residents in regard to hiring. The employment opportunities shall be
made public to the neighborhood in advance of Los Angeles advertisement in a
local newspaper with City -wide circulation, copies of announcements mailed to the
Ocean Park Community Organization, the City's Community Neighborhood Services
Division and other local organizations as recommended by the City which are likely
to be aware of Santa Monica residents seeking employment.
53. Outdoor entertainment in the common courtyard may be permitted up to eight days
per year, subject to the review and approval of Temporary Use Permits for such
activities.
54. The above conditions shall be recorded as a covenant against the land binding
upon any successor(s) in interest, in a form approved by the City Attorney. Said
covenant shalt replace and rescind the Agreement Imposing Restrictions on Real
Property recorded on November 28, 1988, as Instrument No. 88- 1894493 of Official
Records of the Los Angeles County Recorder's Office,
55. The City shall examine the feasibility of eliminating the recessed alcoves which
currently exist at the emergency exits on the Second Street elevation, and shall
direct their removal if feasible.
56. The applicant shall raise the height of the existing north side property wall to the
maximum extent legally allowed, including applying for a variance if desired and
supported by the immediate residential neighbors.
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57. Subject to review and approval by the Director of Planning and Community
Development, the applicant shall install and maintain ample planting, such as ficus
repens, alongside the base of the existing north side property wall to the west of the
elevated planter box.
58. Prior to building permit issuance for any improvement, the applicant shall submit a
sound mitigation plan prepared by an acoustical engineer that provides measures
to reduce noise levels created by the siting and distance between buildings that
impact Second Street residents and properties north of the site. The plan, including
mitigation measures for sound attenuation, shall be subject to review and approval
by the Director of Planning and Community Development. After approval, the plan
shall be implemented prior to Certificate of Occupancy or final inspection, as
appropriate.
Validity of Permits
59. 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.
60. Within ten days of 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.
61. This determination shall not become effective for a period of fourteen days from the
date of determination or, if appealed, until a final determination is made on the
appeal. Any appeal must be made in the form required by the Zoning Administrator.
The approval of this permit shall expire if the rights granted are not exercised within
one year from the permit's effective date. Exercise of rights shall mean issuance
of a building permit to commence construction. However, the permit shall also
expire if the building permit expires, if final inspection is not completed or a
Certificate of Occupancy is not issued within one (1) year of building permit
issuance, or if the rights granted are not exercised within two (2) years following the
earliest to occur of the following: issuance of a Certificate of Occupancy or, if no
certificate of Occupancy is required, the last required final inspection for the new
construction. One six month extension may be permitted if approved by the Director
of Planning. Applicant is on notice that time extensions may not be granted if
development standards relevant to the project have changed since project approval.
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62. These conditions of approval supersede and replace all prior City conditions of
approval contained in the following permits: DR 253, CUP 370, CUP 502, CUP 90-
065 and ZA4831 -Y.
CONDITIONAL USE PERMIT 97 -004 (For Live Performance Theater)
CONDITIONS;
Plans
This approval is for those plans dated April 8, 1997, and revised on May 21, 1997
and July 31, 1997, a copy of which shall be maintained in the City Planning Division
files. Project development shall be consistent with such plans, except as otherwise
specified in these conditions of approval.
2. The Plans shall comply with all other provisions of Chapter 1, Article IX of the
Municipal Code, (Zoning Ordinance) and all other pertinent ordinances and General
Plan policies of the City of Santa Monica.
3. Prior to building permit issuance for the theater space, the final parking lot layout
(including the provision of tandem or stack parking spaces for valet parking) and
specifications shall be approved by the Parking and Traffic Engineer.
4. Minor amendments to the plans shall be subject to approval by the Director of
Planning and Community Development. An increase of more than 300 sq. ft. or a
significant change in the approved concept, such as a change from the theater use
to another use, shall be subject to an amendment to the Development Review
Permit. Construction shall be in conformance with the plans submitted or as
modified by the Planning Commission, Architectural Review Board or Director of
Planning.
Architectural Review Board
5. Prior to consideration of the project by the Architectural Review Board, the applicant
shall review disabled access requirements with the Building and Safety Division and
make any necessary changes in the project design to achieve compliance with such
requirements. The Architectural Review Board, in its review, shall pay particular
attention to the aesthetic, landscaping, and setback impacts of any ramps or other
features necessitated by accessibility requirements.
6. Plans for final design, landscaping, screening, trash enclosures, and signage shall
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be subject to review and approval by the Architectural Review Board.
The Architectural Review Board, in its review, shall pay particular attention to the
project's pedestrian orientation and amenities; scale and articulation of design
elements; exterior colors, textures and materials; window treatment; glazing; and
landscaping.
8. Landscaping plans shall comply with Subchapter 5B (Landscaping Standards) of
the zoning ordinance including use of water - conserving landscaping materials,
landscape maintenance and other standards contained in the Subchapter.
9. Refuse areas, storage areas and mechanical equipment shall screened in
accordance with SMMC Section 9.04.10.02.130 - 9.04.10.02.150. Refuse areas
shall be of a size adequate to meet on -site need, including recycling. The
Architectural Review Board in its review shall pay particular attention to the
screening of such areas and equipment. Any rooftop mechanical equipment shall
be minimized in height and area, and shall be located in such a way as to minimize
noise and visual impacts to surrounding properties. Unless otherwise approved by
the Architectural Review Board, rooftop mechanical equipment shall be located at
least five feet from the edge of the roof. Except for solar hot water heaters, no
residential water heaters shall be located on the roof.
10. Construction period signage shall be subject to the approval of the Architectural
Review Board.
11. As appropriate, the Architectural Review Board shall require the use of anti - graffiti
materials on surfaces likely to attract graffiti.
Fees
12. The City is contemplating the adoption of a Transportation Management Plan which
is intended to mitigate traffic and air quality impacts resulting from both new and
existing development. The Plan will likely include an ordinance establishing
mitigation requirements, including one -time payment of fees on certain types of new
development, and annual fees to be paid by certain types of employers in the City.
This ordinance may require that the owner of the proposed project pay such new
development fees, and that employers within the project pay such new annual
employer fees related to the City's Transportation Management Plan. Development
applications shall not be subject to the potential new development fee if no
ordinance implementing such fees has been adopted prior to issuance of a building
permit for the project.
In addition, the applicant has agreed to institute the following Transportation
25
Demand Management (TDM) measures, and shall submit a plan outlining these
measures to the Director of Planning and Community Development:
A) Preferential parking shall be provided to persons arriving in vanpools and
carpools.
B) Bicycle racks capable of securing at least seven (7) bicycles shall be
maintained on the project site.
C) Bus passes or tokens shall be made available by the applicant at half price
to employees who utilize public transportation to and from their place of
work.
Construction
13. Vehicles hauling dirt or other construction debris from the site shall cover any open
load with a tarpaulin or other secure covering to minimize dust emissions.
14. A construction period mitigation plan shall be prepared by the applicant for approval
by the Department of Environmental and Public Works Management prior to
issuance of a building permit. The approved mitigation plan shall be posted on the
construction site for the duration of the project construction and shall be produced
upon request. As applicable, this plan shall 1) Specify the names, addresses,
telephone numbers and business license numbers of all contractors and
subcontractors as well as the developer and architect; 2) Describe how demolition
of any existing structures is to be accomplished; 3) Indicate where any cranes are
to be located for erection /construction; 4) Describe how much of the public street,
alleyway, or sidewalk is proposed to be used in conjunction with construction; 5) Set
forth the extent and nature of any pile- driving operations; 6) Describe the length and
number of any tiebacks which must extend under the property of other persons; 7)
Specify the nature and extent of any dewatering and its effect on any adjacent
buildings; 8) Describe anticipated construction - related truck routes, number of truck
trips, hours of hauling and parking location; 9) Specify the nature and extent of any
helicopter hauling; 10) State whether any construction activity beyond normally
permitted hours is proposed; 11) Describe any proposed construction noise
mitigation measures; 12) Describe construction- period security measures including
any fencing, lighting, and security personnel; 13) Provide a drainage plan; 14)
Provide a construction - period parking plan which shall minimize use of public
streets for parking; 15) List a designated on -site construction manager; 16) Provide
a construction materials recycling plan which seeks to maximize the reuse /recycling
of construction waste; 17) Provide a plan regarding use of recycled and low -
environmental- impact materials in building construction; 18) provide a construction
period water runoff control plan.
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15. A sign shall be posted on the property in a manner consistent with the public
hearing sign requirements which shall identify, the address and phone number of the
owner and/or applicant for the purposes of responding to questions and complaints
during the construction period. Said sign shall also indicate the hours of permissible
construction work.
16. The property owner shall insure any graffiti on the site is promptly removed through
compliance with the City's graffiti removal program.
17. A copy of these conditions shall be posted in an easily visible and accessible
location at all times during construction at the project site. The pages shall be
laminated or otherwise protected to ensure durability of the copy.
Environmental Mitigation
18. Ultra -low flow plumbing fixtures are required on all new development and
remodeling where plumbing is to be added. (Maximum 1.6 gallon toilets and 1.0
gallon urinals and low flow shower head.)
19. To mitigate solid waste impacts, prior to issuance of a Certificate of Occupancy,
restaurant owner shall submit a recycling plan to the Department of Environmental
and Public Works for its approval. The recycling plan shall include 1) list of
materials such as white paper, computer paper, metal cans, and glass to be
recycled; 2) location of recycling bins; 3) designated recycling coordinator; 4) nature
and extent of internal and external pick -up service; 5) pick -up schedule.
Miscellaneous Conditions
20. The building address shall be painted on the roof of the building and shall measure
four feet by eight feet (32 square feet).
21. 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.
22. Street and /or alley lighting shall be provided on public rights of way adjacent to the
project if and as needed per the specifications and with the approval of the
Environmental and Public Works Management Department.
23. Mechanical equipment shall not be located on the side of any building which is
adjacent to a residential building on the adjoining lot. Roof locations may be used
when the mechanical equipment is installed within a soundrated parapet enclosure.
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24. 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.
25. Final building plans submitted for approval of a building permit shall include on the
plans a list of all permanent mechanical equipment to be placed outdoors and all
permanent mechanical equipment to be placed indoors which may be heard
outdoors.
26. No noise generating compressors or other such equipment shall be placed adjacent
to neighboring residential buildings.
27. Openable windows shall be provided throughout the project, in a manner consistent
with applicable building code and energy conservation requirements.
28. , Street trees along Main Street and Second Street shall be maintained, relocated or
provided as required in a manner consistent with City's Tree Code. (Ord. 1242
CGS), per the specifications of the Department of Community and Cultural Services
and the Department of Environmental and Public Works Management. No street
tree shall be removed without the approval of the Department of Community and
Cultural Services and Parks.
29. Noise levels for all uses located on that portion of the Edgemar parcel with frontage
on Second Street and within 100 feet of Second Street which were zoned OP -2
prior to any approvals for a zone change to CM -2, shall be subject to the exterior
noise standards established for residential uses as specified in Santa Monica
Municipal Code Chapter 4.12.
Parking
30. Parking lot illumination shall be provided and maintained.
31. A security gate shall be installed to close off parking areas between the hours of
1:00 a.m. and 6:30 a.m., Monday through Friday, and 2:00 a.m. and 8:00 a.m. on
Saturday and Sunday, with the exception of New Year's Day when the parking area
must be closed at 2:00 a.m. Plans for the gate shall be reviewed and approved by
the Director of Planning and Community Development prior to building permit
issuance for the theater and/or artist studios.
32. Prior to building permit issuance for the theater, the applicant shall submit a plan to
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the Director of Planning and Community Development for review and approval of
the valet parking and management program required for the theater, restaurant
expansion, and artist studios. If the Director determines that additional review is
required, the plan shall return to the Planning Commission for a public hearing. This
plan shall include, but not be limited to, the following:
A) Valet parking shall be provided after 7:00 pm daily and anytime the theater
space is in operation for performances or workshops.
B) A sign shall be posted that valet parking is available for patrons of the
Edgemar complex after 7:00 p.m.
C) A charge may be levied for valet parking.
D) The valet service shall not park cars on the surface parking lot after 9:00
p.m., with the exception of vans and vehicles for disabled patrons. After 9:00
p.m., existing parked cars may remain and the surface parking lot spaces
shall be blocked to prevent parking of additional cars in a manner
satisfactory to the Director of Planning and Community Development.
E) The valet service shall not set car alarms.
F) Valet service shall not interrupt pedestrian flow in front of the project by
blocking the sidewalk.
G) The valet service shall not back vehicles down the street.
H) The valet will have an on -site queuing area that is of sufficient size to
accommodate two waiting vehicles where customers will drop off their cars,
and a return area for returning vehicles one at a time off Main Street,
1) The valet operation and management plan shall establish a minimum
number of valet attendants and supervisors to be provided when the stack
parking operation in use for the theater.
J) The valet service shall not utilize Second Street as part of its designated
route.
K) If, after the theater has been in operation for six months, the Director of
Planning and Community Development determines that the valet parking
operation and management plan does not adequately address Edgemar
parking needs, the applicant shall submit a revised plan for review and
approval. If the Director determines that additional review is required the
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plan shall return to the Planning Commission for a public hearing.
Theater Conditions
33. The rights granted by the approval of DR 96 -001 and CUP 97 -004 to allow the
theater use cannot be exercised until the effective date of the City Council's
approval of Text Amendment 96 -003 to amend the Official Districting Map from OP-
2 to CM -2 and General Plan Amendment 96 -001 to change the land use
designation from medium density residential to service and specialty commercial.
34. Two live theater performance spaces shall be permitted in the project. One theater
shall contain no more than sixty -five (65) seats. The second theater shall contain
no more than ninety -nine (99) seats.
35. Attendance at performances shall be limited to the maximum number of seats
allowed. Standing room only patrons shall not be permitted
36. The principal use of the theaters shall be for live theatrical performances and
rehearsals. Additionally, performances (and rehearsals) of musical theater,
movement or dance, films, lectures, conferences, poetry readings, and workshops
shall be permitted in the theaters.
37. Attendance at workshops, conferences, or any other permitted events shall not
exceed the maximum number of theater seats or theater operating hours allowed
by this permit.
38. The theater shall have the following permitted hours of operation: 7:30 p.m. through
11:00 p.m, on Mondays through Fridays; 1:30 p.m. through 11:00 p.m. on
Saturdays; and 1:30 p.m. through 10:30 p.m. on Sundays. Rehearsals and
workshops are proposed for the hours of 10:00 a.m. through 11:00 p.m. Monday
through Friday; 10:00 a.m. through 10:00 p.m. on Saturdays,; and 10:00 a.m.
through 9:00 p.m. on Sundays. In addition, the performance start times for the two
theaters shall be staggered by a minimum of one half hour.
39. Cleaning crews for the theaters shall not be permitted to work after 11:30 p.m.
40. All announcements, brochures, and literature for public distribution from the theater
shall announce the availability of parking in City Lot No. 11.
41. Theater patrons shall not be allowed to self -park on the property. Valet parking
shall be provided to patrons for all theater performances. A fee may be charged for
the valet service.
30
42. Prior to each performance, the theater operator shall make an announcement that
theater patrons are requested to be sensitive to noise concerns of adjacent
residential neighbors. Signs shall also be posted in the lobby requesting theater
patrons to be sensitive to the noise concerns of adjacent residential neighbors while
on the property in general. Failure by the theater operator to control any excessive
noise by theater patrons after issuance of at least two written violation notices by
the Director of Planning and Community Development may be grounds for
revocation of this approval.
43. Prior to each performance, the theater operator shall make an announcement that
parking on the adjacent residential streets is prohibited without a City permit. This
announcement shall also appear on all promotional brochures for the theater.
44. The theater shall not conduct set assembly or construction on the Second Street
loading dock or outdoor portions of the property. All such work shall be conducted
indoors, with all doors closed to the outside. No cooking shall be permitted on the
Second Street loading dock.
45. The theater may continue to use the Second Street loading dock currently used by
the museum. The loading dock would be used for deliveries to the theater between
the hours of 10:00 a.m. and 5 :00 p.m. No use of the loading dock may occur on
Sundays. Up to sixteen times per year, the theater may use the Second Street
loading dock until 8:30 p.m., at which time all loading operations shall cease. Notice
of each Second Street delivery occurring between 5:00 p.m. and 8:30 p.m. shall be
provided to the Director of Planning and Community Development a minimum of 24
hours in advance of each anticipated delivery. Failure to provide such notice
constitutes a violation of these conditions and is grounds for revocation of permits,
46. The theater may contract with the City for regular trash pick -up from its Second
Street exit.
47. Prior to building permit issuance for any improvement, the applicant shall submit a
sound mitigation plan prepared by an acoustical engineer that provides measures
to reduce noise levels created by the siting and distance between buildings that
impact Second Street residents and properties north of the site. The plan, including
mitigation measures for sound attenuation, shall be subject to review and approval
by the Director of Planning and Community Development. After approval, the plan
shall be implemented prior to Certificate of Occupancy or final inspection, as
appropriate.
Validity of Permits
48. In the event permittee violates or fails to comply with any conditions of approval of
31
this permit, no further permits, licenses, approvals or certificates of occupancy shall
be issued until such violation has been fully remedied.
49. Within ten days of 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.
50. This determination shall not become effective for a period of fourteen days from the
date of determination or, if appealed, until a final determination is made on the
appeal. Any appeal must be made in the form required by the Zoning Administrator.
The approval of this permit shall expire if the rights granted are not exercised within
one year from the permit's effective date. Exercise of rights shall mean issuance
of a building permit to commence construction. However, the permit shall also
expire if the building permit expires, if final inspection is not completed or a
Certificate of Occupancy is not issued within one (1) year of building permit
issuance, or if the rights granted are not exercised within two (2) years following the
earliest to occur of the following: issuance of a Certificate of Occupancy or, if no
certificate of Occupancy is required, the last required final inspection for the new
construction. One six month extension may be permitted if approved by the Director
of Planning. Applicant is on notice that time extensions may not be granted if
development standards relevant to the project have changed since project approval.
51. These conditions of approval supersede and replace all prior City conditions of
approval contained in the following permits: DR 253, CUP 370, CUP 502, CUP 90-
065 and ZA 4831 -Y.
VARIANCE 96 -001 (To Permit Valet Operated Tandem Parking)
CONDITIONS:
Plans
This approval is for those plans dated April 8, 1997, and revised on May 21, 1997
and July 31, 1997, a copy of which shall be maintained in the City Planning Division
files. Project development shall be consistent with such plans, except as otherwise
specified in these conditions of approval.
32
2. The Plans shall comply with all other provisions of Chapter 1, Article IX of the
Municipal Code, (Zoning Ordinance) and all other pertinent ordinances and General
Plan policies of the City of Santa Monica.
3. Prior to building permit issuance for the theater space, the final parking lot layout
(including the provision of tandem or stack parking spaces for valet parking) and
specifications shall be approved by the Parking and Traffic Engineer.
Fees
4. The City is contemplating the adoption of a Transportation Management Plan which
is intended to mitigate traffic and air quality impacts resulting from both new and
existing development. The Plan will likely include an ordinance establishing
mitigation requirements, including one -time payment of fees on certain types of new
development, and annual fees to be paid by certain types of employers in the City.
This ordinance may require that the owner of the proposed project pay such new
development fees, and that employers within the project pay such new annual
employer fees related to the City's Transportation Management Plan. Development
applications shall not be subject to the potential new development fee if no
ordinance implementing such fees has been adopted prior to issuance of a building
permit for the project.
In addition, the applicant has agreed to institute the following Transportation
Demand Management (TDM) measures, and shall submit a plan outlining these
measures to the Director of Planning and Community Development:
A) Preferential parking shall be provided to persons arriving in vanpools and
carpools.
B) Bicycle racks capable of securing at least seven (7) bicycles shall be
maintained on the project site.
C) Bus passes or tokens shall be made available by the applicant at half price
to employees who utilize public transportation to and from their place of
work.
Parking
5. Parking lot illumination shall be provided and maintained.
6. A security gate shall be installed to close off parking areas between the hours of
1:00 a.m. and 6:30 a.m. Monday through Friday and 8:00 a.m. on Saturday and
Sunday, with the exception of New Year's Day when the parking area must be
33
closed at 2:00 a.m. Plans for the gate shall be reviewed and approved by the
Director of Planning and Community Development, prior to building permit issuance
for the theater and /or artist studios.
7, Prior to building permit issuance for the theater, the applicant shall submit a plan to
the Director of Planning and Community Development for review and approval of
the valet parking and management program required for the theater, restaurant
expansion, and artist studios. If the Director determines that additional review is
required, the plan shall return to the Planning Commission for a public hearing. This
plan shall include, but not be limited to, the following:
A) Valet parking shall be provided after 7:00 pm daily and anytime the theater
space is in operation for performances or workshops.
B) A sign shall be posted that valet parking is available for patrons of the
Edgemar complex after 7:00 p.m.
C) A charge may be levied for valet parking.
D) The valet service shall not park cars on the surface parking lot after 9:00
p.m., with the exception of vans and vehicles for disabled patrons. After 9:00
p.m., existing parked cars may remain and the surface parking lot spaces
shall be blocked to prevent parking of additional cars in a manner
satisfactory to the Director of Planning and Community Development,
E) The valet service shall not set car alarms.
F) Valet service shall not interrupt pedestrian flow in front of the project by
blocking the sidewalk.
G) The valet service shall not back vehicles down the street.
H) The valet will have an on -site queuing area that is of sufficient size to
accommodate two waiting vehicles where customers will drop off their cars,
and a return area for returning vehicles one at a time off Main Street.
The valet operation and management plan shall establish a minimum
number of valet attendants and supervisors to be provided when the stack
parking operation in use for the theater.
J) The valet service shall not utilize Second Street as part of its designated
route.
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K) If, after the theater has been in operation for six months, the Director of
Planning and Community Development determines that the valet parking
operation and management plan does not adequately address Edgemar
parking needs, the applicant shall submit a revised plan for review and
approval. If the Director determines that additional review is required the
plan shall return to the Planning Commission for a public hearing.
Validity of Permits
8. 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.
9. Within ten days of 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.
10. This determination shall not become effective for a period of fourteen days from the
date of determination or, if appealed, until a final determination is made on the
appeal. Any appeal must be made in the form required by the Zoning Administrator.
The approval of this permit shall expire if the rights granted are not exercised within
one year from the permits effective date. Exercise of rights shall mean issuance
of a building permit to commence construction. However, the permit shall also
expire if the building permit expires, if final inspection is not completed or a
Certificate of Occupancy is not issued within one (1) year of building permit
issuance, or if the rights granted are not exercised within two (2) years following the
earliest to occur of the following: issuance of a Certificate of Occupancy or, if no
certificate of Occupancy is required, the last required final inspection for the new
construction. One six month extension may be permitted if approved by the Director
of Planning. Applicant is on notice that time extensions may not be granted if
development standards relevant to the project have changed since project approval.
11. These conditions of approval supersede and replace all prior City conditions of
approval contained in the following permits: DR 253, CUP 370, CUP 502, CUP 90-
065 and ZA 4831 -Y.
35
12. Approval of Variance 96 -001 to allow 26 rather than 47 parking spaces for the
theater and expanded restaurant seating shall not be effective until the effective
date of DR 96 -001, CUP 96 -011 and CUP 97 -004.
CONDITIONAL USE PERMIT 96-011 (Expansion of Restaurant)
Plans
1. This approval is for those plans dated April 8, 1997, and revised on May 21, 1997
and July 31, 1997, a copy of which shall be maintained in the City Planning Division
files. Project development shall be consistent with such plans, except as otherwise
specified in these conditions of approval.
2. The Plans shall comply with all other provisions of Chapter 1, Article IX of the
Municipal Code, (Zoning Ordinance) and all other pertinent ordinances and General
Plan policies of the City of Santa Monica.
3. Prior to building permit issuance for the theater space, the final parking lot layout
(including the provision of tandem or stack parking spaces for valet parking) and
specifications shall be approved by the Parking and Traffic Engineer.
4. Minor amendments to the plans shall be subject to approval by the Director of
Planning and Community Development. An increase of more than 300 sq. ft. or a
significant change in the approved concept, such as a change from the theater use
to another use, shall be subject to an amendment to the Development Review
Permit. Construction shall be in conformance with the plans submitted or as
modified by the Planning Commission, Architectural Review Board or Director of
Planning. Restaurant seating may not exceed 101 seats (87 indoor, and 14
outdoor), including any patio seating areas specifically designated for restaurant
seating. The location of the 14 outdoor seats is limited to the area designated as
"Proposed Outdoor Dining Area" on the plans dated April 8, 1997, and revised on
May 21, 1997 and July 31, 1997.
Architectural Review Board
5. Refuse areas, storage areas and mechanical equipment shall screened in
accordance with SMMC Section 9.04.10.02.130- 9.04.10.02.150. Refuse areas
shall be of a size adequate to meet on -site need, including recycling. The
Architectural Review Board in its review shall pay particular attention to the
screening of such areas and equipment. Any rooftop mechanical equipment shall
be minimized in height and area, and shall be located in such a way as to minimize
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noise and visual impacts to surrounding properties. Unless otherwise approved by
the Architectural Review Board, rooftop mechanical equipment shall be located at
least five feet from the edge of the roof.
Fees
6. The City is contemplating the adoption of a Transportation Management Plan which
is intended to mitigate traffic and air quality impacts resulting from both new and
existing development. The Plan will likely include an ordinance establishing
mitigation requirements, including one -time payment of fees on certain types of new
development, and annual fees to be paid by certain types of employers in the City.
This ordinance may require that the owner of the proposed project pay such new
development fees, and that employers within the project pay such new annual
employerfees related to the City's Transportation Management Plan. Development
applications shall not be subject to the potential new development fee if no
ordinance implementing such fees has been adopted prior to issuance of a building
permit for the project.
In addition, the applicant has agreed to institute the following Transportation
Demand Management (TDM) measures, and shall submit a plan outlining these
measures to the Director of Planning and Community Development:
A) Preferential parking shall be provided to persons arriving in vanpools and
carpools.
B) Bicycle racks capable of securing at least seven (7) bicycles shall be
maintained on the project site,
C) Bus passes or tokens shall be made available by the applicant at half price
to employees who utilize public transportation to and from their place of
work.
Environmental Mitigation
7. Ultra -low flow plumbing fixtures are required on all new development and
remodeling where plumbing is to be added. (Maximum 1.6 gallon toilets and 1.0
gallon urinals and low flow shower head.)
8. To mitigate solid waste impacts, prior to issuance of a Certificate of Occupancy,
restaurant owner shall submit a recycling plan to the Department of Environmental
and Public Works for its approval, The recycling plan shall include 1) list of
materials such as white paper, computer paper, metal cans, and glass to be
recycled; 2) location of recycling bins; 3) designated recycling coordinator; 4) nature
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and extent of internal and external pick -up service; 5) pick -up schedule.
Miscellaneous Conditions
9. 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.
10. Mechanical equipment shall not be located on the side of any building which is
adjacent to a residential building on the adjoining lot. Roof locations may be used
when the mechanical equipment is installed within a soundrated parapet enclosure.
11. 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.
12. No noise generating compressors or other such equipment shall be placed adjacent
to neighboring residential buildings.
Alcohol Outlet Conditions
13. No bar area shall be developed within the restaurant.
14. The owner shall prohibit loitering in the vicinity of the restaurant and shall control
noisy patrons leaving the restaurant.
15. The primary use of the premises shall be for sit -down meal service to patrons.
Alcoholic beverages shall only be sold to those with the intent of purchasing meals.
16. In order to maintain the primary use of the premises for sit -down meal service, only
patrons waiting to be seated shall be permitted to order alcoholic beverages while
standing in the restaurant.
17. The premises shall maintain a kitchen or food - serving area in which a variety of food
is prepared and cooked on the premises.
18. The premises shall serve food to patrons during all hours the establishment is open
for customers.
19. Seating arrangements for sit -down patrons shall not exceed 101 seats (87 seats
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indoor, 14 seats outdoor). The outdoor seating area shall be limited to the landing
area located to the north and to the south of the restaurant entry door. Prior to
installation of the seating area south of the restaurant entry, the restaurant operator
shall demonstrate that adequate on -site parking is available to support this
additional seating area. Restaurant seating may not block access to or from the
stairs or ramp leading to the common courtyard. The existing plastic curtain shall
be removed, and no new replacement enclosure shall be installed. A guardrail shall
be installed along the area between the top of the stairs and the outdoor restaurant
seats, which shall be subject to the review and approval of the Planning and
Community Development Director.
20. Take out service shall be only incidental to the primary sit down use.
21. No alcoholic beverage shall be sold for consumption beyond the premises.
22. No dancing shall be permitted on the premises.
23. The restaurant shall have the following permitted operating hours: 7:30 a.m. to
12:00 a.m. Monday through Thursday, with last reservations taken for 10:00 p.m.;
on Fridays, from 7:30 a.m. to 1:00 a.m., with last reservations taken for 11:00 p.m.;
on Saturdays, from 9:00 a.m. to 1:00 a.m., with last reservations taken for 11:00
p.m.; and on Sundays from 9:00 a.m. to 12:00 a.m., with last reservations taken for
10:00 p.m. On New Year's Eve, last reservations taken shall be for 11:00 p.m., and
closing shall be at 1:00 a.m. Employee preparation (excluding food preparation)
and clean -up shall be limited to one hour prior to opening and one hour after closing
at the restaurant.
24. No expansion in number of seats or intensity of operation shall occur without prior
approval from the City of Santa Monica and State Alcohol Beverage Control.
25. The restaurant shall be operated in accordance with a security plan approved by the
Chief of Police.
26. The restaurant shall comply with a plan approved by the Director of Planning
regarding employee alcohol awareness training programs and policies, including a
designated driver program.
27. The applicant shall comply with all legal requirements regarding provisions for the
disabled, including those set forth in the California Administrative Code, Title 24,
Part 2.
28. Prior to issuance of a building permit, the Building and Safety Division shall review
the proposed odor filtering system for its adequacy.
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29. Restaurant deliveries shall occur only via Main Street. No use of Second Street for
deliveries or customer access shall occur. Signs shall be posted at all Second
Street access points stating that no restaurant deliveries are permitted.
30, Alcohol shall not be served in any disposable container such as disposable plastic
or paper cups.
31. No video or other game machines shall be permitted on the premises.
32. Within thirty (30) days from date of approval (if approved) the applicant shall provide
a copy of the Statement of Official Action for this approval to the local office of the
State Alcoholic Beverage Control department.
33, Fans and louvers for restaurant mechanical equipment, including the odor filtering
system, shall be directed towards Main Street and shall comply with the City's noise
ordinance. The odor filtering system shall be required to be installed, maintained,
and operated in conjunction with restaurant operation_
34. Deliveries to the restaurant and trash pickup and recycling for the restaurant shall
only be permitted between 8:30 a.m. and 5:00 p.m. Monday through Friday, and
between 10:00 a.m. and 5:00 p.m. Saturday and Sunday. Trash shall only be
transferred from the restaurant to the exterior dumpsters between 9:00 a.m. and
9:00 p.m. Dumpsters or other exterior trash containers shall have rubberized lids.
Restaurant dumpsters shall be locked after 9:00 p.m. However, if the restaurant
operator provides documentation that the Health Department prohibits interior
refuse storage, trash may be transferred to the exterior dumpsters until 11 p.m., at
which time the dumpsters must be locked.
35. The permitted times for restaurant deliveries and trash transfer, pickup and
recycling, shall be posted at a location within the restaurant to ensure that the
employees are aware of the City's restriction of such hours. The restaurant shall
submit a plan for such interior signage to the Director of Planning and Community
Development for approval.
36. The restaurant shall advise its vendors that no deliveries will be accepted outside
of the permitted hours as regulated by this permit.
37. The restaurant shall advise all vendors that deliveries must be made via Main Street
and that no deliveries will be accepted from Second Street.
38. Signs in English and Spanish shall be posted on the inside of the emergency exit
door next to the restaurant instructing employees that this exit is to be opened only
in the event of an emergency.
M
39. Restaurant employees shall not park on Second Street or Third Street. This
prohibition shall be printed in the Restaurant's employee manual.
40. The operation shall at all times be conducted in a manner not detrimental to
surrounding properties or residences by reason of lights, noise, activities, parking,
or other actions. Failure by the applicant to control any excessive noise by
restaurant patrons may be grounds for revocation of this approval.
41. This approval is for a Type 47 alcohol license.
Parking
42. Parking lot illumination shall be provided and maintained.
43. A security gate shall be installed to close off parking areas between the hours of
1:00 a.m. and 6:30 a.m. Monday through Friday and 2:00 a.m. and 8:00 a.m. on
Saturday and Sunday, with the exception of New Year's Day when the parking area
must be closed at 2:00 a.m. Plans for the gate shall be reviewed and approved by
the Director of Planning and Community Development prior to building permit
issuance for the theater and /or artist studios.
44. Prior to building permit issuance for the theater, the applicant shall submit a plan to
the Director of Planning and Community Development for review and approval of
the valet parking and management program required for the theater, restaurant
expansion, and artist studios. If the Director determines that additional review is
required,-the plan shall return to the Planning Commission for a public hearing. This
plan shall include, but not be limited to, the following:
A) Valet parking shall be provided after 7:00 pm daily and anytime the theater
space is in operation for performances or workshops.
B) A sign shall be posted that valet parking is available for patrons of the
Edgemar complex after 7:00 p.m.
C) A charge may be levied for valet parking.
D) The valet service shall not park cars on the surface parking lot after 9:00
p.m., with the exception of vans and vehicles for disabled patrons. After 9:00
p.m., existing parked cars may remain and the surface parking lot spaces
shall be blocked to prevent parking of additional cars in a manner
satisfactory to the Director of Planning and Community Development.
E) The valet service shall not set car alarms.
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F) Valet service shall not interrupt pedestrian flow in front of the project by
blocking the sidewalk.
G) The valet service shall not back vehicles down the street.
H) The valet will have an on -site queuing area that is of sufficient size to
accommodate two waiting vehicles where customers will drop off their cars,
and a return area for returning vehicles one at a time off Main Street.
1) The valet operation and management plan shall establish a minimum
number of valet attendants and supervisors to be provided when the stack
parking operation in use for the theater.
J) The valet service shall not utilize Second Street as part of its designated
route.
K) If, after the theater has been in operation for six months, the Director of
Planning and Community Development determines that the valet parking
operation and management plan does not adequately address Edgemar
parking needs, the applicant shall submit a revised plan for review and
approval. If the Director determines that additional review is required the
plan shall return to the Planning Commission for a public hearing.
Special Conditions
45. Noise levels for all uses located on that portion of the Edgemar parcel with frontage
on Second Street and within 100 feet of Second Street which were zoned OP -2
prior to any approvals for a zone change to CM -2 shall be subject to the exterior
noise standards established for residential uses as specified in Santa Monica
Municipal Code Chapter 4.12.
46. With the exception of the 14 permitted outdoor restaurant seats, the outdoor patio
shall not be used for restaurant service of food, beverages, and /or alcoholic
beverages.
47. The above conditions shall be recorded as a covenant against the land binding
upon any successor(s) in interest, in a form approved by the City Attorney. Said
covenant shall replace and rescind the Agreement Imposing Restrictions on Real
Property recorded on November 28, 1988, as Instrument No. 88- 1894493 of Official
Records of the Los Angeles County Recorder's Office.
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Validity of Permits
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48. 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.
49. Within ten days of 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.
50. The rights granted by CUP 96 -011 to allow the restaurant expansion cannot be
exercised until the effective date of the City Council's approval of Text Amendment
96 -003 to amend the Official Districting map from OP -2 to CM -2, General Plan
Amendment 96 -001 to change the land use designation from medium density
residential to service and specialty commercial, and Text Amendment 97 -004 to
amend Santa Monica Municipal Code Section 9.04.08.28.070 to remove the seating
limitation for restaurants north of Ocean Park Boulevard on the east side of Main
Street.
51. This determination shall not become effective for a period of fourteen days from the
date of determination or, if appealed, until a final determination is made on the
appeal. Any appeal must be made in the form required by the Zoning Administrator.
The approval of this permit shall expire if the rights granted are not exercised within
one year from the permit's effective date. Exercise of rights shall mean issuance
of a building permit to commence construction. However, the permit shall also
expire if.the building permit expires, if final inspection is not completed or a
Certificate of Occupancy is not issued within one (1) year of building permit
issuance, or if the rights granted are not exercised within two (2) years following the
earliest to occur of the following: issuance of a Certificate of Occupancy or, if no
certificate of Occupancy is required, the last required final inspection for the new
construction. One six month extension may be permitted if approved by the Director
of Planning. Applicant is on notice that time extensions may not be granted if
development standards relevant to the project have changed since project approval.
52. These conditions of approval supersede and replace all prior City conditions of
approval contained in the following permits: DR 253, CUP 370, CUP 502, CUP 90-
065 and ZA 4831 -Y.
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NOTICE
If this is a final decision not subject to further appeal under the City of Santa Monica
Comprehensive Land Use and Zoning Ordinance, the time within which judicial review of
this decision must be sought is governed by Code of Civil Procedure Section 1094,6, which
provision has been adopted by the City pursuant to Municipal Code Section 1.16.010.
I
Ordi-
nance
Adopt
1st
Reso-
Ordi-
Read -
lution
nance
ing to
to
1st
Amend
Amend
Read-
CM
Gene-
ing to
District
ral
Amend
Deve-
Deve-
Plan
Official
lop-
Denial
Denial
Denial
lop -
Council
Land
Dis-
ment
of
of
of
ment
Mem-
Use
lricting
Stan-
Appeal
Appeal
Appeal
Review
CUP
VAR
CUP
bar
Map
Map
dards
97 -007
97 -008
97 -009
96 -001
97 -004
96 -001
96 -011
Ebner
Aye
Aye
Aye
Aye
Aye
Aye
Aye
Aye
Aye
Aye
Fein-
stein
No
No
No
Aye
No
Aye
No
No
No
No
Genser
No
No
No
Aye
No
Aye
No
Aye
Aye
No
Green-
berg
Aye
Aye
Aye
Aye
Aye
Aye
Aye
Aye
Aye
Aye
Hol-
brook
Aye
Aye
Aye
Aye
Aye
Aye
Aye
Aye
Aye
Aye
Rosen-
stein
Aye
Aye
Aye
Aye
Aye
Aye
Aye
Aye
Aye
Aye
O'Con-
nor
No
No
No
Aye
No
Aye
Aye
Aye
No
No
NOTICE
If this is a final decision not subject to further appeal under the City of Santa Monica
Comprehensive Land Use and Zoning Ordinance, the time within which judicial review of
this decision must be sought is governed by Code of Civil Procedure Section 1094,6, which
provision has been adopted by the City pursuant to Municipal Code Section 1.16.010.
I
hereby certify that this Statement of Official Action accurately reflects the final
determination of the City Council of the City of Santa Monica.
signature date
Maria Stewart, City Clerk
hereby agree to the above conditions of approval and acknowledge that failure to
comply with such conditions shall constitute grounds for potential revocation of the
permit approval.
Abby sl�erl 'Pfes�den'r
/ Applicant's Signature
Ldvtalz�
Print Name and Title
Initials
F:\PLANkSHARE\COUNCIL\STOASXDR9600I.WPD
6197
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0 - - -
The attached Supplemental
Staff Report (continue from the
October 1 Council
Meeting) is in response t
Council •- -•
-• - • -
of • of businesses
located on property.