SR-11-12-2013-3GCity Council Meeting: November 12, 2013
Agenda Item: 3C
To: Mayor and City Council
From: David Martin, Director of Planning and Community Development
Subject: Statement of Official Action accepting Appeal 13APP004 and upholding
the Planning Commission's approval to allow on -site sale of alcohol and
off -site parking for a new restaurant at 1519 Wilshire Boulevard
Recommended Action
Staff recommends that the City Council approve the attached Statement of Official
Action accepting Appeal 13APP004 and upholding the Planning Commission's approval
of a Conditional Use Permit 12CUP012 and Variance 12VAR019 to allow on -site sale of
alcohol and off -site parking with modified conditions for a new restaurant at 1519
Wilshire Boulevard.
Executive Summary and Discussion
This staff report transmits for City Council certification the Statement of Official Action
for Appeal 13APP004. After holding a public hearing on September 24. 2013, the City
Council accepted the appeal and upheld the Planning Commission's approval of the
Conditional Use Permit and Variance with modified conditions. The City Council's
decision was based upon the findings and conditions contained in the attached
Statement of Official Action.
Per the corrected minutes from the September 24, 2013 meeting (corrected orally by
Sarah Gorman at the October 8, 2013 meeting), the Council accepted the appeal and
changed the hours of operation set by the Planning Commission.
Financial Impacts & Budget Actions
There is no immediate financial impact or budget action necessary as a result of the
recommended action.
Prepared by: Tony Kim, Senior Planner
Approved:
7 k"� '� —
avid Martin, Director
Planning & Community Development
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Forwarded to Council:
Rod Gould
City Manager
Attachments: A. Statement of Official Action
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CASE NUMBERS: Appeal 13APP004
LOCATION: 1519 Wilshire Boulevard
APPLICANT: Larry Greenwood
APPELLANT: Heidi Gordon
PROPERTY OWNER: 1519 Wilshire Blvd. Ltd Partnership
CASE PLANNER: Tony Kim, Senior Planner
REQUEST: Appeal 13APP004 of Planning Commission's approval of
Conditional Use Permit 12CUP012 and Variance
12VAR019 to allow on -site sale of alcohol and off -site
parking for a new restaurant
CEQA STATUS: The project is categorically exempt from the provisions of
CEQA pursuant to Section 15301 Class (1) of the State
Guidelines in that the project involves interior
improvements to an existing building to establish a 186 -
seat restaurant with the on -site sale of beer and wine and
a modification to the off - street parking requirements
associated with the proposed project. The scope of the
improvements will occur within an existing tenant space
and involve only minor alterations.
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CITY COUNCIL ACTION
September 24, 2013
X
Determination Date
Appeal accepted and Planning Commission's approval upheld
based on the following findings and subject to the conditions
below.
Other:
EFFECTIVE DATES OF ACTIONS IF
Not Appealable
NOT APPEALED:
EXPIRATION DATE OF ANY PERMITS
September 24, 2014
GRANTED:
LENGTH OF ANY POSSIBLE
6 months
EXTENSION OF EXPIRATION DATES *:
Any request for an extension of the expiration date must be received in the City
Planning Division prior to expiration of this permit.
The City Council, having held a public hearing on September 24, 2013, hereby accepts
Appeal 13 -004 and upholds the Planning Commission's decision to allow on -site sale of
alcohol and off -site parking for a new restaurant at 1519 Wilshire Boulevard based on
the findings and determinations below.
Each and all of the findings and determinations are based on the competent and
substantial evidence, both oral and written, contained in the entire record relating to the
Project. All summaries of information contained herein or in the findings are based on
the substantial evidence in the record. The absence of any particular fact from any
such summary is not an indication that a particular finding is not based in part on that
fact.
FINDINGS:
CONDITIONAL USE PERMIT FINDINGS
1. The proposed use is one conditionally permitted within the subject district and
complies with all of the applicable provisions of the "City of Santa Monica
Comprehensive Land Use and Zoning Ordinance ", in that SMMC Section
9.04.08.40.040(a) provides that all uses listed as Conditionally Permitted Uses in
the C2 or underlying District may be permitted subject to approval of a
Conditional Use Permit, and Section 9.04.10.18.020 provides that existing
alcohol outlets shall also obtain a Conditional Use Permit if the operations have
been discontinued for a period of over one year.
2. The proposed use would not impair the integrity and character of the district in
which it is to be established or located, in that the Boulevard Commercial (C6)
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with Neighborhood Overlay (N) district permits restaurants with more than 50
seats pursuant to the approval of Conditional Use Permit. The proposed
restaurant is consistent and complementary to other uses in the area and located
in a tenant space that has operated as a food - serving /restaurant use with alcohol
service for approximately 19 years. Conditions Nos.1 -39 have been added to
address potential operational concerns such as, limiting the amount of alcohol
sales, restricting hours of outdoor maintenance and refuse /recycling activities,
enclosing the balcony area and prohibiting patrons from using the roof.
3. The subject parcel is physically suitable for the type of land use being proposed,
in that the building was constructed as a two -story structure and has operated as
a restaurant with more than 50 seats and alcohol licensing for approximately 19
years without on -site improvements for vehicular access or parking. The
proposed CUP for ancillary alcohol service and consumption requires minimal
physical improvements within the restaurant tenant space and is conditioned to
provide the required parking spaces during all operating hours.
4. The proposed use is compatible with any of the land uses presently on the
subject parcel if the present land uses are to remain, in that the site has
historically served as a restaurant with more than 50 seats and incidental alcohol
service for approximately 19 years. A full - service restaurant on Wilshire
Boulevard is compatible with permitted uses and other existing restaurant and
commercial /retail establishments in the area.
5. The proposed use would be compatible with existing and permissible land uses
within the district and the general area in which the proposed use is to be
located, in that the Zoning Ordinance conditionally permits restaurants with more
than 50 seats in the Neighborhood Overly District. A full - service restaurant with
incidental alcohol service on Wilshire Boulevard is compatible with permitted
uses and other existing restaurant and commercial uses in the area. Conditions
No. 1 -39 will ensure that the use operates in a harmonious manner with the
adjacent land uses and will not create any alcohol - related problems in the area.
6. There are adequate provisions for water, sanitation, and public utilities and
services to ensure that the proposed use would not be detrimental to, public
health and safety, in that the site is locate in an urbanized area adequately
served by existing infrastructure.
7. Public access to the proposed use will be adequate, in that the valet service will.
operate automobile drop -off and pick -up from Wilshire Boulevard, (an arterial
street) and the primary restaurant entrance is also accessed by pedestrians on
Wilshire Boulevard.
8. The physical location or placement of the use on the site is compatible with and
relates harmoniously to the surrounding neighborhood, in that a full - service
restaurant approved by the Conditional Use Permit, will provide a floor plan and
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operation conditions for the restaurant use which have not been required by
previous operators. The proposed restaurant with more than 50 seats and
incidental alcohol service will provide a floor plan and operational conditions for
the use which have expired and do not currently exist. Conditions No. 1 -39 will
ensure that the use operates in a harmonious manner with the adjacent land
uses and will not create any alcohol - related problems in the area.
9. The proposed use is consistent with the goals, objectives, and policies of the
General Plan, in that Wilshire Boulevard Policy B1.2 promotes a mix of uses in
new projects including ground level local- serving retail and neighborhood
services and Goal EA supports the retail sector that provides for the needs of
local residents and visitors to augment sales tax revenues. The proposed
restaurant use will provide a new dining option to the neighborhood, which
includes employees in nearby hospital /medical facilities, offices and local
residents.
10. The proposed use would not be detrimental to the public interest, health, safety,
convenience, or general welfare, in that the proposed use is consistent with the
Zoning Ordinance and the Land Use Element of the General Plan, and alcohol
specific conditions have been added to mitigate any potential adverse impacts.
11. The proposed use conforms precisely to the applicable performance standards
contained in Subchapter 9.04.12 and special conditions outlined in Subchapter
9.04.14 of the City of Santa Monica Comprehensive Land Use and Zoning
Ordinance, in that a performance standards permit is not required for the
proposed use.
12. The proposed use will not result in an over concentration of such uses in the
immediate vicinity, in that there are two Type 41 public eating places within a
500 -foot radius, which is not considered to be an over concentration for a
commercial corridor such as Wilshire Boulevard.
ALCOHOL OUTLET FINDINGS
1. The proposed use will not adversely affect the welfare of neighborhood residents
in a significant manner in that the proposed restaurant is consistent and
complementary to other uses in the area and located in a tenant space that has
operated as a food - serving /restaurant use with alcohol service for approximately
19 years. Conditions Nos. 1 -39 have been added to address potential
operational concerns such as, limiting the amount of alcohol sales, restricting
hours of outdoor maintenance and refuse /recycling activities, enclosing the
balcony area and prohibiting patrons from using the roof.
2. The proposed use will not contribute to an undue concentration of alcohol outlets
in the area in that there are two Type 41 public eating places within a 500 -foot
N
radius, which is not considered to be an over concentration for a commercial
corridor such as Wilshire Boulevard.
3. The proposed use will not detrimentally affect nearby neighborhoods considering
the distance of the alcohol outlet to residential buildings, churches, schools,
hospitals, playgrounds, parks, and other existing alcohol outlets in that the
conditions for approval, such as the requirements that the establishment operate
with specific closing hours, no separate bar area, and limited alcohol sales, will
minimize the potential effect on the residential uses in the vicinity.
4. The proposed use is compatible with existing and potential uses within the
general area in that the Zoning Ordinance conditionally permits new alcohol
outlets, specifically new restaurants with more than 50 seats. The full - service
restaurant with incidental alcohol service in a commercial district is compatible
with permitted uses, in the area. Condition Nos. 1 -39 will ensure that the use
operates in a harmonious manner and not created any alcohol - related problems
in the area.
5. Traffic and parking congestion will not result from the proposed use in that the
applicant proposes a valet parking program that will meet the demand generated
by the proposed restaurant in close proximity to the subject site. It is also
anticipated that customers will visit the restaurant in addition to other destinations
in the area and utilize transit or nearby parking facilities, such as City Parking Lot
8, located behind the subject site.
6. The public health, safety, and general welfare are protected in that the project is
consistent with the provisions of the Zoning Ordinance in that the conditions of
approval have been incorporated to minimize potential adverse impacts on
nearby land uses. Similar conditions imposed on other full - service restaurant
operations with incidental alcohol. service in the City have not been associated
with alcohol related problems.
7. No harm to adjacent properties will result in that the conditions of approval will
ensure that the establishment operates as a full - service restaurant in a manner
which protects the adjacent neighborhood.
8. The proposed use is consistent with the objectives of the General Plan in that the
Land Use Element of the General Plan designates the area as Mixed -Use
Boulevard. As envisioned in Wilshire Boulevard Policy B1.2, the proposed
restaurant use with incidental alcohol service, promotes a mix of uses in new
projects including ground level local- serving retail and neighborhood services.
The proposed restaurant also fulfills Goal EA, which promotes the retail sector
and facilitates needs of local residents and visitors to augment sales tax
revenues. The proposed restaurant use will provide a new dining option to the
employees in nearby hospital /medical facilities, offices, . visitors and local
residents.
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VARIANCE FINDINGS
1. There are special circumstances or exceptional characteristics applicable to the
property involved, including size, shape, topography, location, or surroundings, or
to the intended use or development of the property that do not apply to other
properties in the vicinity under an identical zoning classification. Specifically, the
site is improved with an existing two -story commercial structure constructed in
1926 with a building footprint that occupies the entire parcel. The existing
infrastructure /improvements prohibit the creation or placement of on -site parking.
In 1981 a restaurant use with alcohol service was authorized with the, approval of
parking variance (ZA #4321 -Y) and has historically been occupied with restaurant
tenants for approximately 19 years.
2. The granting of such variance will not be detrimental or injurious to the property
or improvements in the general vicinity and district in which the property is
located in that the proposed valet program will meet the parking demand
generated by the proposed restaurant. It is also anticipated that the parking
demand will be further reduced since patrons will visit the proposed restaurant in
addition to other destinations along the Wilshire Boulevard corridor, given the
character of the area as both a neighborhood and regional destination for those
using the UCLA Santa Monica Hospital across the street. Consequently, both
transit or nearby public parking facilities within the Boulevard Commercial District
will be utilized to support patron transportation needs. City Public Parking Lot 8 is
also located behind the subject property and includes 23 metered parking spaces
that can accommodate customer who wish to self -park. To ensure the continued
use of the valet, staff has included a condition of approval (Condition No. 41).
3. The strict application of the provisions of this Chapter would result in practical
difficulties or unnecessary hardships; not including economic difficulties or
economic hardships in that the site is improved with an existing two -story
commercial structure constructed in 1926 with a building footprint that occupies
the entire parcel. There are no existing and /or opportunities to pave parking
spaces on the premises. The specific conditions, including the provision of off-
site parking during all operational hours, would allow the continued use of the
restaurant at the site denial of the variance would require the closure of the
existing restaurant.
4. The granting of a variance will not be contrary to or in conflict with the general
purposes and intent of this Chapter, nor to the goals, objectives, and policies of
the General Plan. Specifically, the proposed off -site parking is in alignment with
Circulation Policies T26.1 and T26.8 which encourages shared parking and
coordinated valet services to balance parking supply and demand.
5. The variance would not impair the integrity and character of the district in which it
p]
is to be located in that the subject location has historically operated as a
restaurant for approximately 19 years without on -site parking. The proposed
valet program will encourage patrons and employees to utilize of the off -site
parking space via valet operator. In addition, a transportation management plan
will encourage employees and patrons to take multi -modal means of
transportation to the restaurant to further minimize parking demands generated
by the restaurant use.
6. The subject site is physically suitable for the proposed variance in that the site is
improved with an existing two -story building constructing in 1926 with a building
footprint that occupies the entire parcel. The site is also within close proximity to
efficiently utilize off -site parking opportunities on a property developed with
surplus parking spaces in conjunction with the proposed valet operations.
7. There are adequate provisions for water, sanitation, and public utilities and
services to ensure that the proposed variance would not be detrimental to public
health and safety in that the subject property is located within a developed
urbanized environment that is adequately served by existing infrastructure, public
utilities and services. It is not anticipated that approval of the subject application
will create a need for additional utilities or services.
8. There will be adequate provisions for public access to serve the subject variance
proposal in that although there is no vehicular access provided directly on the
site or on -site parking, a valet pick -up and drop -off area can be accommodated
for vehicles on Wilshire Boulevard and adjacent the restaurant's
patron /pedestrian entry.
9. The strict application of the provisions of this Chapter would result in
unreasonable deprivation of the use or enjoyment of the property in that due to
existing parcel constraints of the existing two -story building footprint and inability
to situate on -site parking spaces. The building has historically been occupied
with restaurant tenants for approximately 19 years and as conditioned is
compatible with the use within the district.
CONDITIONS OF APPROVAL:
Project Specific Conditions
1. Seating arrangements for sit -down patrons shall not exceed 131 seats on the first
floor and 55 seats on the second floor.
2. The permitted hours of service shall be from 11:00 AM to 10:30 PM Sunday
through Thursday, with complete closure and all patrons and employees vacated
from the building within 90 minutes thereafter; 11:00 AM to 11:30 PM Friday and
Saturday, with complete closure and all patrons and employees vacated from the
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building within two hours thereafter. No "after hours" operation or activity shall be
permitted.
3. This approval is for a Type 47 (On Sale General — Eating Place) or Type 41
(Beer & Wine — Eating Place) alcohol license only. Any request to modify the
license type shall require approval from the Planning Commission.
_et
4. The approval of this permit shall expire if the rights granted are not exercised
within one year from the permit's effective date. Exercise of rights shall mean
commencement of the use granted by both permits, which rights are not
severable. Additionally, the rights associated with this approval shall expire if the
establishment ceases operation for a period of one year or longer.
5. Within ten days of City Planning Division transmittal of the Statement of Official
Action, project applicant shall sign and return a copy of the Statement of Official
Action prepared by the City Planning Division, agreeing to the conditions of
approval and acknowledging that failure to comply with such conditions shall
constitute grounds for potential revocation of the permit approval. By signing
same, applicant shall not thereby waive any legal rights applicant may possess
regarding said conditions. The signed Statement shall be returned to the City
Planning Division. Failure to comply with this condition shall constitute grounds
for potential permit revocation.
6. Within thirty (30) days after final approval of the project, a sign shall be posted on
site stating the date and nature of the approval. The sign shall be posted in
accordance with the Zoning Administrator guidelines and shall remain in place
until a building permit is issued for the project. The sign shall be removed
promptly when a building permit is issued for the project.
7. Prior to the commencement of restaurant operations, the applicant shall post a
notice at the building entry stating that the site is regulated by a Conditional Use
Permit and the Statement of Official Action, which includes the establishment's
conditions of approval, and the establishment's approved floor plan is available
upon request. This notice shall remain posted at all times the establishment is in
operation.
8. Within thirty (30) days from date of the approval of the Statement of Official
Action, the applicant shall provide a copy of the approved Statement of Official
Action for this project to the local office of the State Alcoholic Beverage Control
department.
9. Prior to issuance of a Certificate of Occupancy, or a business license, or
commencement of alcohol service as applicable, the operator shall submit a plan
for approval by the Director of Planning regarding employee alcohol awareness
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training programs and policies. The plan shall outline a mandatory alcohol
awareness training program for all employees having contact with the public and
shall state management's policies addressing alcohol consumption and
inebriation. The program shall require all employees having contact with the
public to complete a California Department of Alcoholic Beverage Control (ABC)
sponsored alcohol awareness training program within 90 days of the effective
date of this approval. In the case of new employees, the employee shall attend
the alcohol awareness training within 90 days of hiring. In the event the ABC no
longer sponsors an alcohol awareness training program, all employees having
contact with the public shall complete an alternative program approved by the
Director of Planning and Community Development. The operator shall provide
the City with an annual report regarding compliance with this condition. This
project shall be subject to any future City -wide alcohol awareness training
program condition affecting similar establishments.
10. Prior to issuance of a Certificate of Occupancy, or a business license, or
commencement of alcohol service as applicable, the operator shall also submit a
plan describing the establishment's designated driver program, which shall be
offered by the operator to the establishment's patrons. The plan shall specify
how the operator. will inform patrons of the program, such as offering on the
menu a free non - alcoholic drink for every party of two or more ordering alcoholic
beverages.
11. In the event permittee violates or fails to comply with any conditions of approval
of this permit, no further permits, licenses, approvals or certificates of occupancy
shall be issued until such violation has been fully remedied.
Conformance with Approved Plans
12. This approval is for those plans dated October 31, 2012, as modified by these
conditions, a copy of which shall be maintained in the files of the City Planning
Division. Project development shall be consistent with such plans, except as .
otherwise specified in these conditions of approval.
13. Minor amendments to the plans shall be subject to approval by the Director of
Planning. An increase of more than 10% of the square footage, and increase of
seating, or a significant change in the approved concept shall be subject to
Planning Commission Review. Construction shall be in substantial conformance
with the plans submitted or as modified by the Planning Commission,
Architectural Review Board, or Director of Planning. No expansion in number of
seats, intensity of operation, or outdoor areas shall occur without prior approval
from the City of Santa Monica and State ABC,
14. Project plans shall be submitted for plan check and shall be subject to complete
Code Compliance review. The plans shall comply with all applicable provisions of
if►
the Municipal Code and all other pertinent ordinances and General Plan policies
of the City of Santa Monica.
15. After one year of operation, the applicant shall submit to the Planning and
Community Development Department a Compliance Review with supporting
documentation showing how compliance with each condition of approval has
been attained.
Project Operations
16. The operation shall at all times be conducted in a manner not detrimental to
surrounding properties or residents by reason of lights, noise, activities, parking
or other actions. No alcoholic beverage shall be sold for consumption beyond the
premises.
17. Except for special events, alcohol shall not be served in any disposable container
such as disposable plastic or paper cups.
18. No more than 35% of total gross revenues per year shall be from alcohol sales.
The operator shall maintain records of gross revenue sources which shall be
submitted annually to the City of Santa Monica City Planning Division at the
beginning of the calendar year and also available to the City of Santa Monica and
the State ABC upon request.
19. The primary use of the premises shall be for sit -down meal service to patrons.
Alcohol shall not be served to persons except those intending to purchase meals.
20. Bottle service shall not be available to patrons unless full meal service is
provided concurrent with the Bottle service. All food items shall be available from
the full service menu. Bottle service shall mean the service of any full bottle of
wine or beer, of more than 375 ml, along with glassware, garnishes, etc., in
which patrons are able pour their own wine or beer. Bottle service of distilled
spirits shall be prohibited.
21. The establishment shall maintain a kitchen or food - serving area in which a
variety of food is prepared and cooked on the premises.
22. The establishment shall serve food to patrons during all hours the establishment
is open for customers.
23. Customers shall be permitted to order meals at the bar at all times the bar or
restaurant is open for business.
24. The applicant shall provide off -site parking to employees at a cost equal to or
greater than the cost of a monthly transit pass.
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25. Take out service shall be only incidental to the primary sit -down use.
26. No dancing or live entertainment beyond that allowed in the restaurant definition
contained in the Zoning Ordinance shall be permitted on the premises.
27. No queuing of patrons at the entry or checking of identification at the entry or any
portion of the restaurant shall be permitted. There shall not be any age limitation
imposed restricting access to any portion of the restaurant (e.g. persons of all
ages must be allowed throughout the restaurant). There shall be no cover charge
or related minimum drink purchase requirement.
28. The restaurant shall not organize or participate in organized "pub- crawl" events
where participants or customers pre - purchase tickets or tokens to be exchanged
for alcoholic beverages at the restaurant.
29. No video or other amusement games shall be permitted on the premises.
30. - No more than three televisions with a maximum diagonal measurement of 42-
inches may be located in the restaurant. The placement of televisions shall be
limited to the dining counter areas.
31. The owner shall prohibit loitering around the restaurant premises and shall
control noisy patrons leaving the restaurant.
32. The operator shall patrol the neighborhood to monitor patron behavior and pick
up any trash left behind by patrons. The route and the frequency of the patrols
shall be approved by the City's Planning Division and maintained as part of the
site operations plan until such time as the City may deem the patrols
unnecessary.
33. Window or other signage visible from the public right -of -way that advertises beer
or alcohol shall not be permitted.
34. Applicant is on notice that all temporary signage is subject to the restrictions of
the City sign ordinance.
35. The 2nd Floor roof deck shall be accessed for maintenance purposes only and
prohibited from customer /patron use. In addition, subject to review by the
Architectural Review Board (ARB) or staff ARB approval if applicable, a building
permit shall be obtained to close the open air portion of the 2" floor veranda that
faces Wilshire Boulevard with double pane window glass or another suitable
architectural treatment that would lessen noise emanating from the premises.
36. No exterior activity such as trash disposal, deliveries or other maintenance.
activity generating noise audible from the exterior of the building shall occur from
one hour after closing to 6:OOAM. In addition, there shall be no disposal of
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bottles or noise generating trash between 11:OOPM and 6:OOAM daily. Trash
containers shall be secured with locks.
37. The project shall at all times comply with the provisions of the Noise Ordinance
(SMMC Chapter 4.12).
38. Pursuant to SMMC Section 4.12 (Noise), establishments with amplified music
may be required to provide entrances and exits, except exits which are solely
emergency exits, designed as two -door vestibules, so that only one set of doors
is open at a time. Doors shall be of solid core design. Windows shall be
constructed with double -paned glass.
39. Customer entry to and exit from the restaurant shall occur through the front door
facing Wilshire Boulevard. Customer entry and exit through the rear door shall
not be permitted at any time. However, the rear door may be used for emergency
exiting purposes as necessary. to meet any Building Code requirements.
Parking Variance Conditions
40. The applicant shall work with the City's Transportation Management Office to
create a specific transportation demand management program for the employees
of the restaurant. The goal of this management program is to reduce the
employees Average Rider Vehicle (ARV) trips to and from their place of work. A
program shall be implemented within 60 days of opening the restaurant.
41. Off -site parking shall be provided through a parking plan approved by the
Director of Planning. The restaurant operator shall submit an annual report due
October 15t of each year to the City's Transportation Management Office, which
provides documentation of the lease agreement for at least 32 off -site parking
spaces during all operating hours, a valet service agreement during all operating
hours, approved valet permits issued by the City, and quantifiable data on the
utilization and effectiveness of the TDM program as required by Condition No. 41
and on the ongoing demand for and management of the off -site parking spaces.
42. The Transportation Demand Management program shall include the following:
® Transportation Information. The applicant will provide on -site information for
employees and customers about transit services (including ride share
programs and shuttles) and bicycle facilities (including routes and parking).
Free Transit Passes for Employees. The applicant will provide all of its
employees who commit to transit use each month an EZ Transit Pass through
the Santa Monica Big Blue Bus or Metro program (or a similar bus pass if the
EZ Transit Pass is no longer available).
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® The applicant will provide four secured employee bicycle parking /storage
spaces. Spaces shall be provided and installed on -site or in a location
approved by the City's Strategic and Transportation Planning Division at the
expense of the applicant.
® The.applicant will provide a cash incentive to employees who carpool to work
on a regular basis in an amount equal to a monthly transit pass.
® The applicant will encourage customers to use public transit, bicycles, or walk
to the restaurant on the restaurant's website and associated social media
accounts. The applicant shall offer various incentives, including a weekly
drawing to offer a complementary menu items for those individuals that use
such alternate modes of transit to the restaurant (random selection from
names collected), or through incentives of similar effectiveness as may be
designed and implemented periodically.
In the annual report required by Condition No. 40, the applicant shall provide
quantifiable data on the utilization of alternative modes of transportation (other
than single- occupant private vehicle) and the provision of incentives for both
employees and customers, including the number of free transit passes provided
to employees and the cash or other incentives provided to both employees and
customers.
43. The applicant shall prohibit employees from parking on residential streets at all
times, and this prohibition shall be a condition of hire.
44. 1 The valet operator shall at all times conduct the vehicle transport services
between the site and the off -site parking lease area in a manner that protects the
adjacent neighbors from nuisance, including but not limited to excessive noise,
litter, and inappropriate behavior, and adherence to the rules and conditions of
the City's approved valet permit. The valet service shall operate daily from 11:00
AM to 2:00 PM and 5:00 PM to closing. The valet parking operation shall be
subject to the review and approval of the Strategic & Transportation Planning
Division.
45. The Santa Monica Building and Safety Division and Fire Department (SMFD)
shall review the restaurant's occupancy load to ensure compliance with existing
Codes.
Police & Inspections .
46. Prior to issuance of a Certificate of Occupancy, or a business license, or
commencement of alcohol service as applicable, a security plan shall be
submitted to the Chief of Police for review and approval. The plan shall address
both physical and operational security issues.
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47. The applicant authorizes reasonable' City inspection of the .property to ensure
compliance with the conditions of approval imposed by the City in approving this
project and will bear the reasonable cost of these inspections as established by
Santa Monica Municipal Code Section 2.72.010 and Resolution No. 9905 (CCS)
or any successor legislation thereto. These inspections shall be no more
intrusive than necessary to ensure compliance with conditions of approval.
om
Ayes: Davis, Holbrook, McKeown, Vasquez, Winterer, Mayor Pro Tem O'Day
Nays: None
Abstain: None
Absent: Mayor O'Connor
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.
Sarah Gorman, City Clerk Date
Acknowledgement by Permit Holder
I 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.
Print Name and Title Date
, 114zts
ApplicantsSignature Date
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