SR-09-25-2015-6A
City Council
Report
City Council Special Meeting: September 29, 2015
Agenda Item: 6.A
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To: Mayor and City Council
From: David Martin, Director, Planning and Community Development, Development
Services (PCD)
Subject: Appeals 14APP-006 and 14APP-007 of the Planning Commission’s approval
of Conditional Use Permit 13CUP-017 and Parking Variance 13VAR-012 to
amend existing alcohol and parking variance permits for the Georgian Hotel
located at 1415 Ocean Avenue.
Recommended Action
Staff recommends that the City Council:
1) deny appeal 14APP-006 which seeks modification of certain conditions of
approval as requested by the applicant/appellant Georgian Hotel (“the
Georgian”);
2) deny 14APP-007 submitted by the appellant Unite Here Local 11 (“Unite Here”);
3) uphold the Planning Commission’s approval of Conditional Use Permit 13 -017
and Variance 13-012 based on the findings and revised conditions of approval
contained in this staff report.
Executive Summary
On September 17, 2014, the Planning Commission approved Conditional Use Permit
13CUP-017 and Parking Variance 13VAR-012 allowing amendments to the hotel’s
existing Conditional Use Permit (08CUP-014) and Parking Variance (08VAR-020). The
CUP request is to increase the existing food and alcohol service area within the lobby,
increase the total number of permitted seats in the lobby and veranda ar ea (outdoor
front porch), and allow general public access to the lobby area and existing basement
level restaurant dining areas. The Parking Variance request is to satisfy the off -street
parking requirements associated with allowing general public access to the lobby and
basement restaurant dining area through the provision of off -site parking and TDM
measures. The Planning Commission approved the requested permits. The Georgian
filed an appeal on September 29, 2014 related to the approved conditions of approval,
and Unite Here filed an appeal on October 1, 2014.
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The Georgian requests that Council consider modifications to conditions of approval 13
and 14. Condition No. 13 prohibits use of the exterior door on the south side of the
hotel for restaurant entry, and limits it to exit only. The Georgian requests that this
condition be removed to allow both entry and exit through this doorway. Condition No.
14 requires that the primary use of the restaurant in all service areas (basement, lobby,
and veranda), be for sit-down meal service to patrons, and that alcohol shall not be
served to persons except those intending to purchase meals . Although the condition is
not challenged for the basement level restaurant, the Georgian states that the
underlined portion of this condition unreasonably limits service of alcohol when applied
to the lobby or veranda areas of the hotel.
Unite Here requests that Council overturn the Planning Commission’s approval of the
CUP and Variance, stating that the findings for approval cannot be made, and
conditions of approval do not sufficiently mitigate the impacts (including environmental
impacts) associated with the request on the community in terms of traffic, parking,
alcohol permit saturation, and impacts on coastal access f or persons of low to moderate
income levels.
In consideration of the full record to date, staff recommends that the Council deny
appeal 14APP-006 and 14APP-007, and uphold the Planning Commission’s approval of
the CUP and Variance, with modifications to certain conditions of approval as described
in this report.
This report highlights the Planning Commission’s action, the points of each appeal
provided by both appellants, and staff’s analysis.
Background
The subject property is located at 1415 Ocean Avenue on the east side of Ocean
Avenue, between Santa Monica Boulevard and Broadway. The eight -story building is a
City Landmark, and consists of 84 hotel rooms and approximately 3,007 square feet of
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restaurant area. The parking area is accessed from the alley and provides 35 parking
spaces in a tandem configuration through valet service.
Georgian Hotel – 1415 Ocean Avenue
The relevant permit history for the site is described as follows:
February 18, 2008: Conditional Use Permit 08CUP-014 combines and
supersedes 94CUP-001 and CUP 00-029 by extending
alcohol service hours, and allowing a Type 47 alcohol
license in conjunction with restaurant service to the
general public within the veranda and a portion of the
lobby consisting of 50 seats. Parking Variance 08VAR-
020 authorized a waiver of 10 parking spaces for the
expanded seating. The hotel is currently subject to the
allowances and conditions of this CUP.
Project Description
The Georgian seeks approval of 13CUP017 and Parking Variance 13VAR012 to amend
08CUP-014 and 08VAR-020 by authorizing food and alcohol service throughout the
entire lobby area, allowing public restaurant service, including alcohol service, in the
basement restaurant, and providing off -site parking and Transportation Demand
Management (TDM) measures to satisfy the additional parking requirements. The
existing restaurant does not presently include live entertainment or dancing, and the
Georgian does not seek to alter this. Additionally, the Georgian does not propose
changes to the existing alcohol service hours of operation established by the previous
Ocean Avenue
Santa Monica Blvd
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Conditional Use Permit 08-014 for all areas where food and a lcohol is served within the
hotel. The current permitted hours of alcohol service are 7:00 AM to 12:00 AM Sunday
through Wednesday, and 7:00 AM to 2:00 AM Thursday through Saturday.
Lobby Area
The Georgian proposes allowing the entire lobby area (1,1 67 SF) to be available for
food and alcohol service to registered hotel patrons and the general public (see
Diagram, p.4). The existing CUP only permits a 267 square foot area located in the
southern portion of the lobby as dining area to both hotel patro ns and the general
public. The existing lobby seating and service area would be increased from 267 SF to
1,167 SF and 13 seats would be added, for a total of 63 seats within the lobby and
veranda, 81 seats in the basement restaurant, for a total of 144 re staurant seats within
the three dining areas. The lobby area would be remodeled to add a bar area with
approximately 4 bar seats (part of the additional 13 seats) at the north side of the lobby
that would provide both food and drink service for hotel patrons and the general public,
and serve as a waiting area lounge for patrons. The applicant states that, due to the
limited lobby size, they would like to simplify the space by eliminating the current
restrictions that physically divide how the lobby can be utilized.
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Basement Restaurant
Within the basement restaurant dining area, the Georgian proposes expanding food and
alcohol service to the general public, rather than limiting service to hotel patrons and
their guests only as is presently required. The basement consists of 1,397 square feet
with 81 dining seats, including a bar area addition consisting of 7 bar/dining seats.
While the Georgian states that it would initially utilize the basement restaurant to assist
the hotel with overflow seating in the veranda and lobby areas, future plans for the
space may include an independent restaurant operator not associated with the hotel.
The recommended alcohol-related conditions of approval would be appropriate under
either circumstance. Primary access to the basement restaurant is provided from a
stairway and elevators connected to the main lobby on the ground floor level. Direct
access to the basement is also provided from an external stairway located adjacent to
the sidewalk, however the existing CUP requires this to be exit only since the basement
is currently only available to hotel patrons and their guests, and not the general public.
However, the Georgian would prefer the convenience and flexibility to allow direct street
access to the basement.
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Parking Variance
The request to increase the restaurant service areas to the general public results in
additional parking requirements. The subject property contains an existing hotel that is
legal non-conforming as to parking standards. Existing on-site parking consists of 35
parking spaces configured in a tandem arrangement within a surface parking area. This
parking is operated with valet service by the hotel as conditioned by existing parking
variance 08VAR-020. Due to site conditions which preclude the hotel from providing
additional parking spaces, the application includes a parking variance to satisfy off -
street parking requirements for the proposed operation. Restaurants within a hotel
which are open to the general public are required to provide parking based on a parking
ratio of 1 space per 75 square feet of dining area (SMMC Section 9.04.10.08.040).
Based on the Georgian’s proposal, the expanded dining area within the lobby and
basement level consists of 2,297 SF requiring a total of 31 parking spaces.
Expanded Lobby Area Dining: 900 SF @ 1 space per 75 SF = 12.0
Basement Level Dining Area: 1,397 SF @ 1 space per 75 SF = +18.6
30.6 (rounded to
31 spaces)
However, as discussed subsequently in the appeal analysis section of this report, s taff
does not support the Georgian’s request to utilize the entire lobby area as dining area
and recommends that the middle portion of the lobby remain open and accessible for
hotel patrons accessing the building. If the Council supports staff’s recommend ation,
the parking requirement for the project would be reduced to 26 spaces. In its approval,
the Planning Commission limited the use of the middle portion of the lobby in this
manner.
Planning Commission Action
On September 17, 2014, the Planning Commission reviewed and approved the
proposed Conditional Use Permit and Parking Variance. The Commission’s discussion
focused on Condition 13 regarding the restaurant entry, and Condition 14 regarding
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meal service with alcohol. Refer to Attachment D for conditions referenced in this
section.
As discussed, Condition 13 of 08CUP-014 prohibits basement restaurant entry from the
exterior of the hotel through the southern doorway and limits this to an exit -only
doorway. The Georgian’s CUP amendment requested that this condition be eliminated.
However, the Commission found that maintaining this condition was important to
mitigate potential noise impacts generated by patron queuing. The Georgian contends
this limitation is unreasonable and has appealed the co ndition.
Condition 14 provides that the primary use of the restaurant component of the hotel in
all service areas, shall be for sit-down meal service to patrons, and requires that alcohol
not be served to persons except those intending to purchase meals . This is a standard
condition commonly imposed on restaurants requesting alcohol service. The purpose of
this condition is to ensure that such establishment continue to operate as restaurants
and do not convert into a bar-like operation. The Commission discussed potential
alternatives to the condition to address the Georgian’s concerns that alcohol
consumption without food service is common within hotel lobbies, lounge areas, or food
service areas within hotels. After much discussion, the condition was maintained as
part of the CUP approval.
Unite Here submitted a letter to the Commission prior to the hearing outlining opposition
to the proposal, disagreeing with the proposed conditions in addressing parking and
transportation demand in the area, and stating that parking and transportation mitigation
conditions should further encourage local hiring and local living for hotel employees. In
response to these comments, the Commission discussed including a local hiring
provision as a condition of approval. The Georgian agreed to this provision, which has
been imposed as Condition 36 and does not challenge it on appeal. The local hiring
provision would facilitate the employment of low-income residents by establishing
priority for targeted job applicants through advertising in the local newspaper, including
notice to the Hospitality Training Academy. The Planning Commission’s Statement of
Official Action is provided as Attachment D.
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Discussion
Appeal Analysis
The Council, in its de novo review of this appeal, must determine whether the proposed
project meets the findings required for a Conditional Use Permit and Variance identified
in SMMC Sections 9.04.20.12.040 and 9.04.20.10.050, provided in Attachment A. The
Council may uphold the appeal or uphold t he decision of the Planning Commission, in
whole or in part, based upon these findings.
Georgian Hotel Appeal
The Georgian challenges Conditions 13 and 14 of the Planning Commission approval.
The complete appeal statement is provided as Attachment B. In summary, the
Georgian requests that these conditions be modified to:
1) Allow the existing exterior basement doorway to serve as both an entrance and
exit for patrons to access the basement level restaurant.
2) Allow registered hotel patrons and their guests, and the general public to order
alcoholic beverages without having to order meals.
Condition 13
For convenience of operation, the Georgian requests that the exterior doorway be
allowed to serve as both an entrance and exit that would allow patrons t o access the
basement level restaurant directly from the street without having to enter through the
hotel lobby. The Georgian states that the basement level restaurant at the hotel was
originally developed as a speakeasy with a separate entrance, and the use of the
doorway would be consistent with its historic use prior to the CUP condition.
In reviewing the appeal, staff believes allowing direct patron access to the basement
restaurant as proposed would be appropriate with limitations since the current request is
to open the basement restaurant to the public. Furthermore, staff believes that allowing
direct access to the basement level from the street level would provide a pedestrian -
oriented entry and promote activity along the sidewalk, improving the walkability along
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the mid-block portion of Ocean Avenue. Specifically, south of the property along Ocean
Avenue, between the Hotel and Broadway, the street lacks active ground-floor
pedestrian-oriented uses.
In imposing the restriction, the Planning Commission expressed concerns regarding
potential noise generated by restaurant patrons utilizing the external stairs, and
particularly with patrons queuing within the stairwell. To address this issue, staff
recommends allowing both entry and exiting, provided that waiting along the stairs by
restaurant patrons be prohibited. Revised Condition 13 would read as follows:
Revised Condition 13: Entry into the basement level restaurant through the
southern doorway utilizing the exterior stairs accessed from the street level shall
be allowed, however restaurant patrons waiting along the external stairs is
prohibited.
Condition 14
Condition 14 (Attachment D) requires that the primary use of the restaurant component
of the hotel in all service areas be for sit-down meal service to patrons, and that alcohol
not be served to persons except those intending to purchase meals. The Georgian
agrees to this condition for the basement restaurant, however it believes this condition
should not apply to the lobby and veranda areas where hotel patrons and their guests,
and the public should be allowed to order alcoholic beverages without ordering meals.
The Georgian believes that hotel guests customarily wish to consume alcoholic
beverages without meal service while relaxing in the lobby, waiting for check-in, or a
taxi. The Georgian believes the standard alcohol-related condition that was imposed is
more appropriate for a standalone restaurant not associated with a hotel. Furthermore,
the appellant states that pedestrians walking along Ocean Avenue may wish to visit the
hotel and lounge on the veranda and be served an alcoholic beverage without ordering
a meal. The Georgian Hotel does not intend to operate a bar area in which only alcohol
service is available, and food would be available in all areas during all hours when
alcohol is available, pursuant to other recommended alcohol conditions.
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In further support for this requested change, the Georgian states that there are alcohol
Conditional Use Permits for other hote ls in the downtown area and along Ocean
Avenue that do not include the subject condition, and that other hotels, such as the
Viceroy Hotel, only have a condition that food or meals be available during alcohol
service hours, and do not include a requirement that alcohol cannot be served unless
patrons intend to order food. Other hotels within the area where alcohol service is
currently regulated by a CUP include the Shore Hotel, Loews , Shangri-La, and Casa
Del Mar. Of these existing establishments, the Shore Hotel and Loews requires that
patrons must be either seated or waiting to be seated for meal service in order to be
served alcohol. Alcohol service within the Le Merigot, and Le Meridien Delfina hotels
are currently not regulated by a CUP. Therefore, these hotels may serve alcoholic
beverages to patrons who do not intend to purchase a meal. Staff notes that the CUP’s
with less stringent regulation were issued some years ago. The City’s regulatory
approach has evolved, particularly in light of increa sed problems associated with
establishments serving alcohol.
However, in reviewing the Georgian’s request, staff agrees that hotels with ancillary
restaurants are different in nature from standalone restaurants and based on the hotel
setting and operation, it may be appropriate with careful regulation to allow a patron to
be served an alcoholic beverage without meal service . However, staff remains
concerned that allowing the service of alcohol without meals could still promote the
conversion of a portion of the hotel establishment into a bar. To address this matter
while recognizing the unique nature of hotel operations, Staff recommends Condition 15
which would allow patrons to be served a maximum of two alcoholic beverages without
ordering food. This condition would enable the Georgian to meet its stated objective of
offering its guests alcohol while they wait for check-in or before departing for dinner or
other activities, but would aid in preventing the hotel from turning into a drinking
destination for the general public. This revised condition would apply to the lobby and
veranda areas only. Furthermore, Conditions No. 12, 14, 18, and 19 ensure that food
service would be available and that all patrons would have the ability to purchase foo d
concurrent with alcohol service. As an alternative to this proposal, staff considered
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allowing only hotel patrons and their guests (excluding public patrons) to be served a
maximum of two alcoholic beverages without ordering food. However, staff believes
differentiating hotel patrons and their guests from public patrons would be difficult for
the hotel to administer and for the City to enforce.
As a result of modifying Condition 14, the Georgian also requests new and revised
language as provided in their appeal statement, resulting in conditions 11, 15, and 19.
In reviewing this issue, and in order to support Condition 14 modifications, staff
recommends changes to the following four conditions:
New Condition 11 (replaces current Condition 11): Th e primary use of the
premises shall be a hotel. Alcohol may be served to registered hotel patrons and
their guests via room service and by controlled access cabinets in the hotel
rooms. Alcohol may also be served to registered hotel patrons and their guests,
and the general public in the lobby, the veranda, and the downstairs restaurant,
in accordance with the approved seating plan and all of the conditions of this
alcohol permit.
Revised Condition 14: The primary use of the downstairs restaurant at the hotel
shall be for sit-down meal service to patrons. Alcohol shall not be served to
persons except those intending to purchase meals.
New Condition 15 (replaces current Condition 15): The primary use of the
outdoor dining area located on the veranda and the lobby dining areas shall be
for seated meal service. Patrons who are standing in the outdoor seating area
located on the veranda or the lobby area shall not be served. Registered hotel
patrons and their guests, and the general public in the lobby and on the veranda
may be served a maximum of two alcoholic beverages without ordering food,
provided: (1) food is always available for purchase in these areas when alcohol is
served, and (2) the primary use of these areas remains for seated meal service.
No portion of these areas may serve as a separate bar only establishment where
food is not available.
Revised Condition 19: Customers shall be permitted to order meals at all times
alcohol is served.
Unite Here Local 11 Appeal
Unite Here requests that Council overturn the Planning Commission’s approval of the
CUP and Variance, stating that the actions, findings, and conditions of approval do not
sufficiently address the impacts on the community in terms of traffic, parking, alcohol
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permit saturation, and impacts on coastal access for persons of low to moderate income
levels. In particular, Unite Here states the following:
1) The Georgian Hotel is currently violating terms and conditions of their existing
Conditional Use Permit, relating to the public use of the basement, alcohol
service to non-hotel guests in the basement, and expansion of existing seating
and dining areas within unapproved areas.
2) The hotel should not be granted a parking variance because the total number of
parking spaces provided is insufficient based on current parking requirements,
resulting in traffic and parking impacts.
3) The recent changes to the Georgian Hotel have increased the inability for
persons of low-to-moderate income to access hotel accommodations in the
coastal area.
Based on the full record to date, including review of the appeal statement summarized
below, staff continues to recommend approval of both Conditional Use Permit and
Parking Variance applications, as modified. Unite Here’s complete statement is
provided as Attachment C.
Alleged Georgian Hotel Operation Violations
Unite Here claims the Georgian is not in compliance with its existing CUP. Unite Here
states that the Planning Commission staff report was unclear on the amount of food and
alcohol service allowed within the lobby and veranda, and suggests that there are
expanded areas that are currently being used for restaurant service. To clarify, there
are two separate dining areas consisting of a 267 SF portion of the lobby area and the
477 SF veranda dining area, totaling 744 SF of permissible dining area open to the
public pursuant to the current CUP 08-014. Unite Here argues that it would be
inappropriate to allow the hotel to amend their CUP, claiming that the Hotel may be
violating the terms of its existing CUP. However, staff has no evidence of these alleged
violations. More specifically, there have been no code compliance cases to date
investigating improper seating arrangements or CUP/alcohol-related violations. Unite
Here also describes typical average space per dining seat to support a suggestion that
the Hotel will add more seats in dining areas, such as the lobby area, than the Hotel is
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permitted to provide. However, if the Council approves the requested CUP, it will
establish the exact number and location of the seating in the lobby and veranda, the
violation of which will be subject to Code enforcement.
Parking Variance: Impacts on Traffic and Parking
Unite Here expresses concerns regarding traffic and parking, contending that the
parking requirements are underestimated, since a parking ratio of 1 space per 50 SF of
bar area and 1 space per 300 SF per kitchen support area were not factored into the
parking calculation. However parking requirements were calculated correctly since bar
area parking ratios are only applied to standalone bars or bars that are physically
separated from the primary dining area. The Georgian does not propose such areas.
Furthermore, the bar seats would function the same as table seats where meal service
would be available during all alcohol service hours. The existing kitchen facility in the
basement is not subject to additional parking requirements as the space would not
generate any additional parking since it currently provides food service to the existing
restaurant.
Unite Here also questions the exclusion of the middle portion of the lobby area from the
restaurant parking calculations and also states that the hotel would utilize the space
contrary to their approval. As discussed, staff does not suppor t the Georgian’s request
to utilize the entire lobby area for a dining area and recommends that the middle portion
of the lobby remain open and accessible for hotel patrons accessing the building. Since
this area does not include seating, staff does not support authorizing patrons standing
within this area the ability to consume food or alcoholic beverages. Allowing the use of
this space in this manner would aid in the conversion of this space to more of a bar -like
atmosphere. Accordingly, if the staff recommendation is accepted, this area would not
be included in the parking calculation. In contrast, if Council were to accept the
Georgian’s request, the number of required parking spaces would need to be increased
to 31 and the off-site parking requirement would need to be increased accordingly.
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To ensure that this portion of the lobby is not utilized as dining, staff recommends
Condition 15 that would prohibit food or alcohol service to standing patrons within the
lobby, and Condition 49 that would require that restaurant seating areas be in
accordance with the approved plans. Accordingly, the parking calculation would be as
follows:
Expanded Lobby Area Dining: 550 SF @ 1 space per 75 SF = 7.3
Basement Level Dining Area: 1,397 SF @ 1 space per 75 SF = +18.6
25.9 (rounded to
26 spaces)
Unite Here also believes the parking variance and total number of parking spaces
provided is insufficient based on current parking requirements. The Georgian currently
has a parking variance which requires that 35 spaces be provided on-site with a
specified TDM measure and valet service condition. The Georgian is operating in
accordance with these requirements. The requested parking variance at issue only
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concerns the additional parking that is required due to the Georgian’s requested change
and expansion in the operation of the restaurant facilities.
In review of the requested parking variance, staff believes a hybrid approach of leasing
additional off-site parking spaces and implementing a comprehensive Transportation
Demand Management (TDM) program is warranted. Accordingly, staff recommends
Condition 39 to require the applicant secure a minimum of 15 additional off -site parking
spaces in lieu of the 26 on-site required spaces. The condition would include a
minimum 12-month term for lease agreements, and the off -site spaces must commence
within 300-feet of the subject property and be located within a 1,000 -foot perimeter.
Alternatively, through a Shared Parking Permit pursuant to the City’s In terim Zoning
Ordinance No. 2490 (CCS) (“IZO”), parking could be located anywhere in the Downtown
Core. To ensure the maximum use of the hotel’s on-site parking and to facilitate
overflow parking to the 15 off-site parking spaces, Condition 38 requires that the
existing valet attendant parking service be available to both hotel and restaurant
patrons.
Unite Here believes this off-site parking requirement is not adequate, and states that
these 15 parking spaces would not be considered “new” spaces within th e downtown,
thereby further exacerbating parking and traffic since the project would not increase the
downtown parking supply. However, staff believes the use of underutilized parking in
the Downtown area should be encouraged through shared parking arrang ements.
Building additional parking for the project as suggested by Unite Here would be contrary
to the City’s goals of utilizing existing parking supply through shared parking
arrangements and reducing parking demand through the implementation of TDM
strategies that would further address additional parking demand.
Staff believes a waiver of the requirement for the remaining 11 parking spaces is
warranted based on implementation of a TDM program, the Georgian’s documented
employee transit usage to the workplace, and the project’s location in the Downtown.
The TDM program (see Condition 35) would include, but not limited to, employee transit
passes and parking cash out, a customer incentive program, and complementary bike
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valet service to incentivize employees and restaurant patrons to consider alternate
modes of transit to the site other than single occupancy vehicles. Several of these
measures have been demonstrated to significantly reduce the use of single -occupancy
vehicle to the workplace.
The hotel’s recent annual employee trip reduction plans indicate an Average Vehicle
Ridership (AVR) of 2.16 (am/pm average) where approximately 59% of hotel employees
utilize non-single occupancy vehicle transportation to the workplace, which is higher
than the 40% city average, and higher than the hotel’s previous year of 50%.
Therefore, it is anticipated that employee parking demand would not considerably
increase even if additional staff were required. However, the Georgian states that
additional staff will not be needed, since it intends to extend shift hours to accommodate
expanded service.
Unite Here provides estimates of the number of potential hotel and non -hotel customers
who would visit the restaurant per day, and states that the restaurant would e ventually
primarily serve non-hotel patrons, resulting in a higher parking demand than the parking
variance could accommodate. The Georgian states that approximately 70% of current
restaurant patrons consist of hotel patrons and 30% consists of the genera l public. Staff
acknowledges that although the percentage of public use could increase based on the
additional restaurant seats or having an independent restaurant in the basement area,
hotel restaurants typically consist of a mix of hotel patrons and the general public.
Therefore a lower public parking demand generated by the public for restaurant service
may translate to a lower parking requirement. However because data has not been
provided that substantiates the hotel’s restaurant patron mix statement, staff has not
utilized this information in discounting the parking requirement.
Finally, the Downtown is a highly successful “Park Once -Pedestrian First” district
consisting of a shared parking supply and multi -modal transit system. Even when
individuals choose to drive, they can park their vehicle at a central location at the
beginning of their trip, walk to multiple destinations, and return to their vehicle just
before they leave the area, thereby reducing the need for driving. Based on the hotel’s
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location within this district, it is anticipated that restaurant patrons will visit other
commercial uses in the area, and utilize transit or nearby public parking facilities within
the nearby downtown area, resulting in a lower on -site parking demand.
Unite Here also questions the utilization of two existing parking spaces for valet bike
parking, as outlined in the TDM bike valet provision. The use of two vehicular parking
spaces could provide up to twenty bike parking spaces. Valet bike parking se rvice for
customers at this location would further City goals in encouraging local residents to
utilize bicycles to sites located along Ocean Avenue and the overall downtown area.
However, staff concurs that provision of a bike valet should not be at the expense of
already limited parking. Staff proposes revising this provision to provide that in the
event the hotel utilizes on-site vehicular parking spaces to accommodate bike valet
parking demand (2 space maximum), then an equal number of new parking spa ces
must be provided off-site in accordance with Condition 39 (off -site parking requirement).
Coastal Access for Persons of Low to Moderate Income
Unite Here states that the Georgian is an existing hotel that is “out of market” for
persons of low-to-moderate income levels, and states that the approved requests
increase the inability for persons of low-to-moderate income to access the hotel (and
therefore the coastal area). Unite Here refers to the Coastal Act and states Coastal
Commission responsibilities to protect and provide lower-cost overnight
accommodations as required by the Coastal Act (Section 30213 referenced). The City
implements the requirements of the Coastal Act through Policy 35 of the City’s Local
Coastal Program and Ordinance Number 1516 (CCS). However, since the Georgian
Hotel is not affordable lodging and is not removing any affordable lodging, it is therefore
not subject to these provisions.
Alcohol Permit Saturation
Unite Here contends that the action, findings, and conditions o f approval do not
sufficiently mitigate the impacts (including environmental impacts) associated with the
Conditional Use Permit and Parking Variance on the community in terms of alcohol
permit saturation.
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The Police Department has not indicated any alcohol-related issues or concerns
regarding the restaurant’s operations since food and alcohol service to the public
commenced in 2009, and no alcohol-related code compliance cases have been filed by
the City during this time. Updated alcohol-related conditions of approval have been
added to the existing CUP 08CUP-014 conditions to further minimize potential impacts
associated with on-site alcohol consumption and to ensure the restaurant will not
adversely affect the welfare of neighborhood residents. The pro posed CUP
amendments will not contribute to an undue concentration of alcohol outlets in the area
in that the restaurant currently has an existing alcohol license that permits alcohol sales
to hotel patrons and the general public, and therefore will not in crease the number of
alcohol serving establishments in the District.
Community Outreach
Downtown Santa Monica Inc. had been notified of the project and did not have
comments or objections to the request for alcohol as proposed by the applicant.
Alternatives
As an alternative to the staff recommendation, the Council may consider the following
with respect to the pending appeals if supported by the full evidentiary record:
1. Uphold Conditional Use Permit (13CUP017) and Variance (13VAR012) and deny
the subject applications.
2. Articulate revised findings and/or conditions to Approve OR Deny the subject
applications.
Environmental Analysis
The project is categorically exempt from the provisions of the California Environmental
Quality Act (CEQA), pursuant to Section 15303, New Construction or Conversion of
Small Structures, of the State Implementation Guidelines in that the project involves
modifications to existing restaurant operations within the Georgian Hotel, with minor
interior improvements and no increase in floor area to the building.
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Financial Impacts & Budget Actions
There is no immediate financial impact or budget action necessary as a result of the
recommended action.
Prepared By: Steve Mizokami, Associate Planner
Approved
Forwarded to Council
Attachments:
A. Findings & Conditions of Approval
B. Georgian Hotel Appeal Statement
C. Unite Here Appeal Statement
D. 13CUP017 13VAR012 Statement of Official Action
E. 08CUP014 08VAR020 Statement of Official Action
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
9.04.08.12.040 (c) provides that eating and drinking establishments permitting
alcoholic beverages may be permitted in the Residential-Visitor Commercial
district. Furthermore, pursuant to Conditional Use Permit 08CUP -014, Condition
No. 39, changes to the approved concept shall be subject to Planning
Commission approval.
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 Residential -Visitor Commercial
district permits eating and drinking establishments with alcohol. Allowing an
expansion of the service areas within the restaurant to the general public would
provide the hotel with flexibility in restaurant operations and will allow for
additional dining opportunities at the site. Restaurants are encouraged in the
downtown area, and will be consistent with and complementary to other uses in
the area. Updated alcohol-related conditions of approval have been added to the
existing 08CUP-014 conditions to further mitigate potential impacts associated
with alcohol consumption to ensure that the integrity and character of the
neighborhood is maintained.
3. The subject parcel is physically suitable for the type of land use being proposed,
in that the parcel is a standard lot developed with an eight-story hotel that
includes an existing restaurant that can accommodate the proposed
amendments to the restaurant operations, which will affect the basement, lobby,
and veranda areas of the building.
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 existing
restaurant is a service provided by the Georgian Hotel that currently provides
food and alcohol service to hotel patrons and the general public. The proposal to
expand the restaurant service areas to the general public would provide the hotel
with flexibility in restaurant operations and will allow for additional dining
opportunities at the site. Restaurants are encouraged in the downtown area, and
will be consistent with and complementary to other uses in the area.
Furthermore, Conditions No. 1 through 34 will ensure that the use operates in a
harmonious manner with nearby land uses.
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 subject property is located within the RVC district which
encourages visitor serving uses such as hotels and restaurants. Alcohol service
is ancillary to the primary hotel establishment and as conditioned, the restaurant
will continue to operate in a harmonious manner with the adjacent land uses, and
will not create any alcohol-related problems in the area. Furthermore, the Police
Department has not indicated any issues regarding the restaurant’s operations
since food and alcohol service to the public commenced in 2009, and no code
compliance cases related to the hotel’s restaurant operations have been filed by
the City during this time.
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 the vehicular access
is provided from the 1st Court alley and pedestrian access is provided via Ocean
Avenue. In addition, valet parking service is provided for patrons alo ng Ocean
Avenue. Additionally, the project is located adjacent to the City’s Transit Mall as
well as in the center of the City’s largest area of pedestrian activity.
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 CUP
amendments will provide the hotel with flexibility in restaurant operations and will
allow for additional dining opportunities at the site. Restaurants are encouraged
in the downtown area, and the restaurant will be consistent with and
complementary to other uses in the area, promoting day and night pedestrian
activity along Ocean Avenue.
9. The proposed use is consistent with the goals, objectives, and policies of the
Land Use and Circulation Element (LUCE), in that the proposed amendments
would provide additional flexibility in the restaurant’s operations by expanding
areas of the restaurant accessible to the public, improving its viability as a
restaurant along Ocean Avenue where ped estrian activity is highly encouraged.
Consistent with Downtown District Policy D7.1 which seeks to encourage a broad
mix of uses that creates dynamic activity in both the daytime and evening hours,
the proposed alcohol service would complement food service to all patrons,
creating pedestrian activity in both daytime and evening hours that is needed in
this particular portion of Ocean Avenue between the hotel and Broadway that
currently lacks active ground-floor pedestrian-oriented uses.
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 (LUCE), 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 of the City of Santa Monica Comprehensive
Land Use and Zoning Ordinance, 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 CUP amendments will not increase the
number of alcohol serving establishments in the District. Furthermore, the Police
Department has not indicated any alcohol-related issues or concerns regarding
the restaurant’s operations since food and alcohol service to the public
commenced in 2009, and no code compliance cases related to the hotel’s
restaurant operations have been filed by the City during this time.
ALCOHOL OUTLET FINDINGS
1. The proposed use will not adversely affect the welfare of neighborhood residents
in a significant manner in that the Residential-Visitor Commercial district
conditionally permits eating and drinking establishments that serve alcoholic
beverages. Updated alcohol-related conditions of approval have been added to
the existing 08CUP-014 conditions to further mitigate potential impacts
associated with on-site alcohol consumption to ensure the restaurant will not
adversely affect the welfare of neighborhood residents in a significant manner.
Specifically, Condition No. 12 prohibits the use of the basement level restaurant
area as a separate bar or a nightclub.
2. The proposed amendments will not contribute to an undue concentration of
alcohol outlets in the area in that the restaurant currently has an existing alcohol
license that permits alcohol sales to hotel patrons and the general public within a
portion of the lobby and entire veranda, and therefore will not increase the
number of alcohol serving establishments in the District. Expanding the existing
restaurant service areas available to the public provide the hotel with flexibility in
restaurant operations and will allow for addition al dining opportunities at the site
and along Ocean Avenue that is not highly concentrated with restaurants with
alcohol licenses. Furthermore, the Police Department has not indicated any
alcohol-related issues or concerns for the proposed use.
3. The proposed use will not detrimentally affect nearby neighborhoods considering
the distance of the alcohol outlet to residential buildings, churches, schools,
hospitals, playgrounds, parks, in that there are no nearby churches, schools,
hospitals or playgrounds nearby, and the conditions for approval, such as the
hours of operation and compliance with the provisions of the Noise Ordinance,
will minimize the potential effect on any residential uses in the vicinity. Palisades
Park is the only park located within a 500-foot radius of the subject site. The
Community and Cultural Services Department has reviewed the project and has
indicated no comments or objections to the proposal. Furthermore, updated
alcohol-related conditions of approval (standard conditions) h ave been added to
further mitigate potential impacts associated with on -site alcohol consumption to
ensure the restaurant will not adversely affect the welfare of nearby
neighborhoods in a significant manner.
4. The proposed use is compatible with existin g and potential uses within the
general area in that the Zoning Ordinance conditionally permits hotels and eating
and drinking establishments permitting alcoholic beverages. Conditions No. 1
through 34 will ensure that the use operates in a harmonious man ner with the
adjacent land uses and will not create any alcohol-related problems in the area.
Furthermore, the Police Department has not indicated any alcohol-related issues
or concerns regarding the restaurant’s operations since food and alcohol service
to the public commenced in 2009, and no code compliance cases related to the
hotel’s restaurant operations have been filed by the City during this time.
5. Traffic and parking congestion will not result from the proposed use in that the
parking demand and traffic patterns in the neighborhood will not change due to
the provision of incidental alcohol sales in conjunction with the existing restaurant
within the hotel. The offering of alcoholic beverages as a service component of
the restaurant would not, in and of itself, increase traffic and parking demand in
the neighborhood.
6. The public health, safety, and general welfare are protected in that the project is
consistent with the provisions of the Zoning Ordinance, and the Land Use and
Circulation Element (LUCE), and alcohol specific conditions have been added to
mitigate any potential adverse impacts.
7. No harm to adjacent properties will result in that the updated conditions of
approval will ensure that the establishment operates in a manner whic h protects
adjacent neighbors.
8. The proposed use is consistent with the goals, objectives, and policies of the
Land Use and Circulation Element, in that the proposed amendments would
provide additional flexibility in the restaurant’s operations by increasing areas of
the restaurant accessible to the public, improving its viability as a restaurant
along Ocean Avenue where pedestrian activity is highly encouraged. Consistent
with Downtown District Policy D7.1 which seeks to encourage a broad mix of
uses that creates dynamic activity in both the daytime and evening hours, the
proposed alcohol service would complement food service to all patrons, creating
pedestrian activity in both daytime and evening hours that is needed in this
particular portion of Ocean Avenue between the hotel and Broadway that
currently lacks active ground-floor pedestrian-oriented uses.
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. Specifically, the
site is improved with an existing eight-story hotel with limited surface parking
toward the rear of the property. The existing on -site improvements do not allow
additional required parking to be provided on-site, however available parking
from underutilized parking locations within the immediate area , can
accommodate parking demand generated by the restaurant through the use of
valet parking service. In addition, the recommended TDM program would reduce
parking demand generated by the proposed restaurant expansion. As
conditioned, valet parking service is required in order to maximize use and
operation of the on-site parking, and to facilitate the use of additional off -site
parking required per Condition No. 38.
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 15 off-site parking spaces within underutilized parking locations
within the immediate area is required to accommodate parking demand
generated by the restaurant, achieved through the use of valet parking service.
Moreover, it is anticipated that restaurant patrons will visit other commercial uses
in the area, and utilize transit or nearby public parking facilities within the nearby
downtown area, resulting in a lower parking demand for the hotel. Furthermore,
it is anticipated that restaurant parking demand will not substantially increase
based on the proposed expansions. The reconfigured lobby would result in an
increase of only 13 seats. Similar to the existing restaurant characteristics, the
restaurant will comprise of a mix of hotel and public patrons, indicating a lower
parking demand generated by the public for restaurant service compared to the
parking demand suggested by current parking requirements. In addition, the
proposed TDM program would reduce parking demand generated by the
proposed restaurant expansion.
3. The strict application of the provisions of this Chapter would result in practical
difficulties or unnecessary hardships, not including econom ic difficulties or
economic hardships in that opportunities to provide flexibility to the existing
restaurant’s operation to allow expand service areas to the general public is
limited due to the inability to provide the additional parking spaces required by
Code on-site due to existing improvements located on the subject property.
Specifically, the site is improved with an existing eight -story hotel with limited
surface parking toward the rear of the property. The existing on -site
improvements constraining the property from allowing additional required parking
to be provided on-site presents a practical difficulty.
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, ob jectives, and policies of
the General Plan. The project is consistent with LUCE Downtown District Goal
D11, which seeks to address parking needs comprehensively, identifying shared
parking opportunities, and to pursue opportunities for shared parking agre ements
with private parking facilities, in that the project proposes a parking variance that
would require the Georgian Hotel (via valet parking operations) to secure 15
available off-site parking within the immediate area to accommodate parking
demand generated by restaurant patrons. Furthermore, the project is consistent
with LUCE Citywide Land Use Goal LU8 that seeks the reduction of vehicular
trips in that the project includes a Transportation Demand Management (TDM)
program that includes financial incentives for employees to consider alternate
modes of transit to the site, provides incentives for restaurant patrons including
discounts on food items, and includes bike valet services to promote bicycling as
an alternate mode of transit to the site by restaurant patrons.
5. The variance would not impair the integrity and character of the district in which it
is to be located in that the existing on-site parking, with the use of valet parking
service, and a provision to provide 15 additional off -site parking spaces within the
immediate area, can accommodate any additional parking demand generated by
the restaurant. In efforts to encourage alternate modes of transit such as
bicycling, the proposed TDM plan requires that the property provide
complimentary bicycle valet services for restaurant patrons, in addition to the
existing valet parking services provided for vehicle arrival. The plan also
includes transit passes for employees as no cost, and an employee
transportation allowance provision. Furthermore, based on the hotel’s location
immediately adjacent to the downtown districts (Bayside, C3, C3C districts), it is
anticipated that restaurant patrons will visit other commercial uses in the area,
and utilize transit or nearby public parking facilities within the nearby downtown
area, resulting in a lower parking demand. For these reasons, the proposed
parking variance would not create any parking impacts to the property and
surrounding area.
6. The subject site is physically suitable for the proposed varia nce in that the site is
improved with an existing eight-story hotel with a surface parking area that can
accommodate 35 parking spaces through valet parking service. Any additional
parking demand would be accommodated by use of the 15 additional off -site
parking spaces required to be secured within the immediate area, pursuant to
Condition No. 39. Additionally, the site is served by Ocean Avenue and 1 st Court
alley. Furthermore, the TDM program includes a provision to provide bike valet
parking requiring not more than 2 vehicle parking spaces at the property to be
used for parking bicycles at any one time for bike valet service, which can be
accommodated at the site.
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 vehicular access to the site is provided from 1st Street Court, and
pedestrian access to the site is provided from Ocean Avenue. In addition, valet
parking service is provided for patrons along Ocean Avenue. Additionally, the
project is located adjacent to the City’s Transit Mall as well as in the center of the
City’s largest area of pedestrian activity.
9. For the reduction of the automobile parking space requirements, the reduction is
based and conditioned upon an approved parking reduction plan that
incorporates transportation control measures that have been demonstrated to be
effective in reducing parking needs and that are monitored, periodically reviewed
for continued effectiveness, and enforced by the City. Specifically, Condition No.
35 requires the implementation of a Transportation Demand Management (TDM)
program that provides financial incentives for employees to consider alternate
modes of transit to the site, and provides incentives for restaurant patrons
including discounts on food items. The program includes providin g full-time
employees with monthly transit passes at no cost, and monthly employee
transportation allowances for full-time employees who walk, bike, or carpool to
the workplace. The provision of no cost monthly transit passes and parking cash
out have been demonstrated to significantly reduce the use of single-occupancy
vehicle to the workplace. The program also includes providing complementary
bike valet service, an amenity for both local patrons and visitors using bike
rentals traveling throughout the downtown area, in which no more than 2 vehicle
parking spaces at the property would be used at any one time for bike parking
services. Encouraging bicycle use to the site warrants the use of vehicle parking
spaces on-site to accommodate bike parking demand. Staff anticipates the
proposed TDM program will reduce the parking demand generated by the public
use of the restaurant facility at the hotel. To further reduce the hotel parking
demand and allow for any additional parking demand generated by the
restaurant, the plan requires transit service information be provided to guests
prior to hotel arrival to encourage alternate modes of transportation other than
private vehicle to the site. Information about local services, restaurants,
commercial areas, and bicycle facilities (routes and rental locations) within
walking distances of the hotel, will also be included to inform patrons of transit
opportunities while in the area. To ensure the maximum use of the hotel’s on -
site parking, and to facilitate the use of approved off-site parking within the
immediate area, Condition No. 38 requires that the existing valet attendant
parking service be available to both hotel and restaurant patrons.
10. The strict application of the provisions of this Chapter would result in
unreasonable deprivation of the use or enjoyment of the property in that due to
the existing improvements, practical use or enjoyment of the subject parcel would
not be possible due to the inability to provide the additional parking spaces
required by code on-site to allow additional areas within the existing restaurant to
be accessible by the general public.
CONDITIONS OF APPROVAL:
PLANNING AND COMMUNITY DEVELOPMENT
Project Specific Conditions
1. This approval is for a Type 47 (On-Sale Beer, Wine, & Distilled Spirits within a
Bona-Fide Eating Place) alcohol license, and a Type 66 alcohol license to allow
the continued use of liquor cabinets accessible through key access in the guest
rooms (permitted by 94CUP-001). Any request to modify these license types
shall require approval from the Planning Commission.
2. The permitted alcohol service for the restaurant basement, lobby, and veranda
areas shall be from 7:00 AM to 12:00 AM, Sunday through Wednesday, and 7:00
AM to 2:00 AM, Thursday through Saturday. C omplete closure of the restaurant
and all employees exiting of the restaurant must occur within one hour after
closing hours. No "after hours" operations shall be permitted.
3. No exterior activity such as trash disposal, disposal of bottles or noise gener ating
trash, deliveries or other maintenance activity generating noise audible from the
exterior of the building shall occur during the hours of 11:00pm to 7:00am daily.
In addition, there shall be no outdoor cleaning of the property with pressurized or
mechanical equipment during the hours of 9:00pm to 7:00am daily. Trash
containers shall be secured with locks. All deliveries shall take place at the rear if
the building accessed from First Court alley.
4. Food and alcohol service may be provided to hotel p atrons and the general
public in the basement, lobby and veranda dining areas. Total restaurant seating
shall not exceed 144 seats. The lobby would consist of 35 seats and the
veranda would consist of 28 seats, for a total of 63 seats, including bar seats.
The basement level restaurant dining area shall be limited to 81 seats, including
7 bar seats.
5. In the guest rooms, alcohol shall be stored only within the approved liquor
cabinets, which shall be accessible through key access only to registered guests
21 years of age or older. Restocking of the liquor cabinets shall be performed in
the course of scheduled room service activities, and shall not be performed
between the hours of 2:00 AM and 6:00 AM. Room service of alcoholic
beverages is allowed during the permitted alcohol service hours for the
restaurant, in accordance with Condition No. 2.
6. The conditions of this approval (13CUP-017) shall supersede the approvals
granted by Conditional Use Permit 08CUP-014, 00CUP-029 and 94CUP-001,
and incorporates all of the relevant conditions of the prior approval.
Project Operations
7. 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.
8. No alcoholic beverage shall be sold for consumption beyond the premises.
9. Except for special events, alcohol shall not be served in any disposable container
such as disposable plastic or paper cups.
10. No more than 35% of total gross revenues per year shall be from alcohol sales
for the restaurant. 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.
11. The primary use of the premises shall be a hotel. Alcohol may be served to
registered hotel patrons and their guests via room service and by controlled
access cabinets in the hotel rooms. Alcohol may also be served to registered
hotel patrons and their guests, and the general public in the lobby, the veranda,
and the downstairs restaurant, in accordance with the approved seating plan and
all of the conditions of this alcohol permit.
12. The basement level restaurant seating area is for sit-down food and beverage
service only. No stand-up service is permitted, and the basement area shall be
prohibited from operating as a nightclub, or separate bar only establishments.
13. Entry into the basement level restaurant through the southern doorway utilizing
the exterior stairs accessed from the street level shall be allowed, however
restaurant patrons waiting along the external stairs is prohibited.
14. The primary use of the downstairs restaurant at the hotel shall be f or sit-down
meal service to patrons. Alcohol shall not be served to persons except those
intending to purchase meals.
15. The primary use of the outdoor dining area located on the veranda and the lobby
dining areas shall be for seated meal service. Patrons who are standing in the
outdoor seating area located on the veranda or the lobby area shall not be
served. Registered hotel patrons and their guests, and the general public in the
lobby and on the veranda may be served a maximum of two alcoholic beverages
without ordering food, provided: (1) food is always available for purchase in these
areas when alcohol is served, and (2) the primary use of these areas remains for
seated meal service. No portion of these areas may serve as a separate bar
only establishment where food is not available.
16. Bottle service shall mean the service of any full bottle of liquor, wine, or beer, of
more than 375 ml, along with glass ware, mixers, garnishes, etc., in which
patrons are able to then make their own drinks or pour their own wine or beer.
Liquor bottle service shall be prohibited. Wine and beer 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.
17. The establishment shall maintain a kitchen or food-serving area in which a
variety of food is prepared and cooked on the premises.
18. The establishment shall serve food to patrons during all hours when alcohol is
served.
19. Customers shall be permitted to order meals at all times alcohol is served.
20. There shall be no cover charge or minimum drink purchase requirement.
21. Any minimum purchase requirement may be satisfied by the purchase of
beverages or food.
22. Take out service shall be only incidental to the primary sit -down use.
23. No dancing or live entertainment beyond that allowed in the restaurant definition
contained in the Zoning Ordinance shall be permitted on the premises.
24. No organized queuing of patrons at the entry or checking of identification to
control entry into and within the establishment shall be permitted. There shall not
be any age limitation imposed restricting access to any portion of the restaurant.
25. 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.
26. No video or other amusement games shall be permitted on the premises.
27. No more than three television screens, including video projectors or similar
audio/visual devices, shall be provided within all dining areas combined. None of
these televisions or projections surfaces shall exceed 60 inches measured
diagonally. This condition does not apply to guest rooms.
28. Parking lot illumination shall be provided and maintained.
29. The owner shall prohibit loitering in the parking area and outside the restaurant
frontage, and shall control noisy guests and visitors leaving the hotel.
30. Employees of the establishment shall walk a 100-foot radius from the facility at
some point prior to 30 minutes after closing and shall pick up and dispose of any
discarded beverage containers and other trash left by patrons.
31. Window or other signage visible from the public right-of-way that advertises beer
or alcohol shall not be permitted.
32. Applicant is on notice that all temporary signage is subject to the restrictions of
the City sign ordinance.
33. The use shall at all times comply with the provisions of the Noise Ordinance
(SMMC Chapter 4.12).
34. Pursuant to SMMC Section 4.12 (Noise), establishme nts 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.
Parking Variance Conditions
35. The project’s Transportation Demand Management (TDM) Program shall consist
of the following measures, and shall be implemented prior to the commencement
of the approved CUP amendments. Th e hotel shall advise employees on initial
hire and annually of the benefits included in the program.
Transportation Information
The hotel shall provide transportation information to guests prior to and upon
hotel arrival to encourage modes of transportation other than private vehicle to
and from the site (provided through website or other digital means). This shall
include information about location destinations to services, restaurants,
commercial areas, and attractions. Furthermore, on-site transportation
information shall be located in a highly visible area available to employees and
customers. Such transportation information may be provided in an on -site
physical location, such as a bulletin board or kiosk, through other media, such as
on a website or other digital means, or both. Information shall include, but is not
limited to, the following:
i. Current maps, routes and schedules for public transit routes within one -half
mile of the project site;
ii. Transportation information including regional ridesharing agency, local
transit operators, and certified TMO where available;
iii. Ridesharing promotions material supplied by commuter -oriented
organizations;
iv. Bicycle route and facility information, including rental and sales locations,
regional/local bicycle maps, and bicycle safety information within one-half
mile of the project site;
v. A list of facilities available for carpoolers, vanpoolers, bicyclists, transit
riders and pedestrians at the site;
vi. Walking and biking maps for employees and visitors, which shall include but
not be limited to information about convenient local services and restaurants
within walking distance of the project; and
vii. Information to commercial tenants and employees of the project regarding
local rental housing agencies.
Customer Incentive TDM Program
The applicant, or property owner (and its successor and assignees) shall submit
to the City for approval a Customer TDM Program to incentivize restaurant
customers of the lobby, veranda, and basement dining areas to utilize non-single
occupancy vehicle travel to the property. The Customer TDM Program shall be
reviewed and approved by staff prior to commencement of this CUP. Program
elements may include but are not limited to incentives such as free or discount ed
food and giveaways from the property or partner organizations. The Planning
Director shall have the authority to amend the program based upon information
from the property owner to ensure the incentives are provided only to customers
who otherwise would have driven to the downtown area.
Bike Valet Parking
The applicant, or property owner (and its successor and assignees) shall provide
complementary bike valet parking for all patrons arriving via bicycle. Bike valet
service hours of operation shall be concurrent with the automobile valet parking
service, and bikes shall be parked as close, or closer, than the nearest auto valet
parking space. Bike valet parking area shall be reviewed and approved by staff
prior to commencement of this CUP. In no case shall the required valet operation
utilize more than two (2) vehicle parking spaces at the property at any one time.
Moreover, should the hotel utilize existing on-site vehicle parking spaces to
accommodate bike valet parking demand, an equal number of parking spaces
utilized for bike valet must be provided off -site in accordance with Condition 39
(off-site parking requirement).
Employee Transit Passes
The applicant, or property owner (and its successors and assignees) shall
provide a monthly regional transit pass (e.g. Metro EZ Pass or equivalent), that
includes access to light rail, at no cost to each full-time employee of the property
who primarily utilizes the bus to travel to the workplace. Said employee shall
execute a contract agreeing to utilize no n-single occupancy vehicle travel for at
least 75% of their daily commute distance, shall not utilize single occupancy
vehicle travel more than 5 business days per month, and shall demonstrate
compliance as reasonably required by the property owner. This condition shall be
incorporated into the annual employer trip reduction plan for the worksite.
Employee Transportation Allowance
The applicant shall offer a monthly Transportation Allowance (equal to 50% of
the cost of a monthly regional transit pass - e.g. Metro EZ Pass or equivalent) to
each full-time employee of the property who utilizes non -single occupancy
vehicle transportation to the workplace and does not claim the Employee Transit
Pass referenced above. Said employee shall execute a contract agreeing to
utilize non-single occupancy vehicle travel for at least 75% of their daily commute
distance, shall not utilize single occupancy vehicle travel more than 5 business
days per month, and shall demonstrate compliance as reasonably required by
the property owner. The employee may choose to use the transportation
allowance to cover expenses associated with non -single occupancy vehicle
commuting including but not limited to Bike Center memberships (providing
access to showers and secure bike parking), Big Blue Bus expenses, vanpool
and carpool expenses, and bike share expenses. This condition shall be
incorporated into the annual employer trip reduction plan for the worksite.
Employee Orientation and Commuter Matching Services
Employees shall be given information about Employee Transit Passes, Employee
Transportation Allowance and any other available TDM facilities and services
upon hire. Commuter matching services shall also be provided for all employees
on an annual basis, and for all new employees upon hiring.
Employee Guaranteed Ride Home
The applicant, owner, operator, and/or successor shall provide employees who
carpool, vanpool, bicycle, walk, or take transit with a return trip to the point of
commute origin up to two times in a twelve month per iod at no additional cost to
the employee, when a Personal Emergency Situation, such as a personal or
family illness or injury, requires it. The applicant, owner, operator, and/or
successor may register with Metro’s Guaranteed Ride Home program to provide
this service for such commuters which shall be deemed satisfaction in full of this
condition.
Transportation Management Organizations/Associations (TMO)
Active participation in the formation and ongoing activities of a TMO, if
established and includes the project site, attendance at organizational meetings,
providing parking and travel demand data to the TMO, and making available
information to project tenants relative to the services provided by the TMO.
36. Local Hiring Policy For Permanent Employment . The Hotel shall implement a
local hiring policy (the “Local Hiring Policy”), consistent with the following
guidelines:
I. Purpose. The purpose of the Local Hiring Policy is to facilitate the
employment by the Hotel of residents of the City of Santa Monica (the
“Targeted Job Applicants”) and in particular, to facilitate the employment of
those residents who are “Low-Income Individuals” (defined below) in efforts
to reduce the distance and number of employee vehicular trips to the
workplace by ensuring Targeted Job Applicants are aware of hotel
employment opportunities and have a fair opportunity to apply and compete
for such jobs. The goal of this policy is local hiring.
II. Definitions.
a. “Hospitality Training Academy” or “HTA” means the hotel worker job
training resource program to be developed in Santa Monica through a
Taft-Hartley Labor-Management Partnership between certain local hotels,
UNITE HERE Local 11 and others to be determined.
b. “Low Income Individual” means a resident of the City of Santa Monica
whose household income is no greater than 80% of the Median Income.
c. “Median Income” means the median income for the Los Angeles-Long
Beach Primary Metropolitan Statistical Area, as published from time to
time by the City in connection with its Affordable Housin g Production
Program pursuant to SMMC Section 9.56.
d. “On-Site Jobs” means all jobs at the Hotel, regardless of whether such
job is in the nature of a part time or full time employee or an independent
contractor.
e. “Hotel” means the Georgian Hotel.
III. Priority for Targeted Job Applicants. Subject to Section VI below, the Local
Hiring Policy provides that the Targeted Job Applicants shall be considered
for each On-Site Job in the following order of priority:
a. First Priority: Any resident of a household with no greater than 80%
Median Income that resides with the low and Moderate Income Areas
identified in Figure 3-12 of the City of Santa Monica’s 2013-2021 Housing
Element;
b. Second Priority: Any resident of a household with no greater than 80%
Median Income that resides within the City; and
c. Third Priority: Any resident of a household with no greater than 80%
Median Income that resides within a five (5) mile radius of the project site.
For purposes of this Local Hiring Policy, the Hotel is authorized to rely on the
most recent year’s income tax records (W -2) and proof of residency (e.g.
driver’s license, utility bill, voter registration) if voluntarily submitted by a
prospective job applicant for purposes of assessing a Targeted Job
Applicant’s place of residence and income.
IV. Coverage. The Local Hiring Policy shall apply to all hiring for On -Site Jobs.
Notwithstanding the foregoing, the Local Hiring Policy shall not apply to
temporary employees utilized while a permanent employee is temporarily
absent or while a replacement is being actively sought for a recently-
departed permanent employee. Furthermore, the Local Hiring Policy shall
not preclude the re-hiring of a prior employee or the transfer of an existing
employee from another location.
V. Recruitment.
a. Advanced Local Recruitment - Initial Hiring for New Business. So that
Targeted Job Applicants are made aware of the availability of On -Site
Jobs, at least 30 days before recruitment (“Advanced Recruitment
Period”) is opened up to general circulation for the initial hiring by a new
business, the Hotel shall advertise available On -Site Jobs in the Santa
Monica Daily Press, or Santa Monica Police Activity League or similar
organization, or similar local media and electronically on a City-sponsored
website, if such a resource exists. In addition, the Hotel shall consult with
and provide written notice to the HTA and at least two first source hiring
organizations, which may include but are not limited to the following:
i. Local first source hiring programs
ii. Trade unions
iii. Apprenticeship programs at local colleges
iv. Santa Monica educational institutions
v. Other non-profit organizations involved in referring eligible
applicants for job opportunities
The Hotel shall hold the positions open for no more than 30 days in order
to allow for referrals from the first source hiring organizations. The Hotel
shall review information provided by the selected organizations with
respect to all applicants referred by such organizations and interview
those individuals, who, following a review of such information, are
determined by the Hotel to meet the Hotel’s written minimum qualifications
for the position. The Hotel shall maintain a written record explaining the
reasons for not selecting any individual referred to the Hotel by the
selected organizations who was interviewed by the Hotel for the position.
b. Advanced Local Recruitment - Subsequent Hiring. For subsequent
employment opportunities, the Advanced Recruitment Period for Targeted
Job Applicants can be reduced to at least 7 days before recruitment is
opened up to general circulation. Alternatively, the Hotel may also use an
established list of potential Targeted Job Applicants of not more than one
year old.
c. Obligations After Completion of Advanced Recruitment Period. Once
these advanced local recruitment obligations have been met, the Hotel is
not precluded from advertising regionally or nationally for employees.
VI. Hiring. The Hotel shall consider in good faith all applications submitted by
Targeted Job Applicants for On-Site Jobs in accordance with their normal
practice to hire the most qualified candidate for each position and shall be
make good faith efforts to hire Targeted Job Applicants when such
Applicants are most qualified or equally qualified as other applicants. The
City acknowledges that the Hotel shall determine in their respective
subjective business judgment whether any particular Targeted Job Applicant
is qualified to perform the On-Site Job for which such Targeted Job Applicant
has applied.
VII. Proactive Outreach. Hotel shall designate a “First-Source Hiring
Coordinator” (FHC) that shall manage all aspects of the Local Hiring Policy.
The FHC shall be responsible for actively seeking partnerships with local
first-source hiring organizations prior to employment opportunities being
available. The FHC shall also be responsible for encouraging and making
available information on first-source hiring to the Hotel. The FHC shall
contact the Hotel to inform them of the available resources on first-source
hiring. In addition to implementation of the Local Hiring Policy, the FHC can
have other work duties unrelated to the Local Hiring Policy.
37. The parking reduction plan, inclusive of the Transportation Demand Management
Program (per Condition No. 35), shall be monitored annually, concurrent wit h the
hotel’s annual employer trip reduction plan for the worksite , periodically reviewed
for continued effectiveness, and enforced by the Planning and Community
Development Department. The applicant shall prepare and submit to the City, a
report that shall include documentation of the Customer Incentive TDM Program
effectiveness by mode, bike valet utilization, employee transit pass distribution,
and employee transportation allowance distribution by mode .
38. The hotel’s existing on-site valet parking shall provide parking services for
restaurant patrons, unless the valet service is approved by the Planning and
Community Development Director to be provided in combination with other
establishments.
39. The applicant shall secure a minimum of 15 off -site parking spaces for the
restaurant concurrent with the use of the expanded dining areas at all times.
Two additional off-site parking spaces shall be secured if on -site parking spaces
will be utilized for bicycle valet. The applicant shall demonstrate availability of
parking spaces to the satisfaction of City Staff through the submission of parking
utilization studies and similar documentation. After approval of an off-site parking
location by the City, the applicant shall provide a copy of a current lease
agreement(s) consisting of the number of spaces leased, prior to the
commencement of the approved CUP amendments and annually with the hotel’s
annual employer trip reduction plan submittal to the City. The term of the
required lease agreement(s) shall be a m inimum of 12 months. The required off-
site parking spaces must commence within 300-feet of the subject property and
within a 1,000-foot perimeter [or within the Downtown Core through a Shared
Parking Permit pursuant to the City’s Interim Zoning Ordinance No. 2490 (CCS)
(“IZO”)]. In the event that the hotel in the future does not open the basement
level restaurant to the general public, the hotel may request a modification to the
15 required off-site parking spaces as a minor amendment, subject to approval
by the Director of Planning.
Administrative
40. 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 permi t 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.
41. Within ten days of City Planning Division transmittal of the Statement of Official
Action, project applicant shall sign and return a copy of the Statement of Official
Action prepared by the Planning Division, agreeing to the conditions of approval
and acknowledging that failure to comply with such conditio ns 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.
42. 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 sh all 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.
43. Prior to commencement of the approved use, 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.
44. 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.
45. Prior to issuance of a Certificate of Occupancy, or a business license, or
commencement of alcohol service as applicable, the operator shall submit a plan
for approval by the Director of Planning regarding employee alcohol awareness
training programs and policies. The plan shall outline a mandatory alcohol
awareness training program for all employees having contact with the public and
shall state management's policies addressing alcohol consumption and
inebriation. The program shall require all employees having contact with the
public to complete a California Department of Alcoholic Beverage Control (ABC)
sponsored alcohol awareness training program within 90 days of the effective
date of this approval. In the case of new employees, the employee shall attend
the alcohol awareness training within 90 days of hiring. In the event the ABC no
longer sponsors an alcohol awareness training program, all employees having
contact with the public shall complete an alternative program approved by the
Director of Planning and Community Development. The operator shall provide
the City with an annual report regarding compliance with this condition. This
project shall be subject to any future City-wide alcohol awareness training
program condition affecting similar establishments.
46. 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.
47. 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.
48. Applicant is advised that projects in the California Coastal Zone may need
approval of the California Coastal Commission prior to issuance of any bui lding
permits by the City of Santa Monica. Applicant is responsible for obtaining any
such permits.
Conformance with Approved Plans
49. This approval is for those plans dated March 17, 2015, a copy of which shall be
maintained in the files of the City Planning Division. Project development and
restaurant seating areas shall be in accordance with the approved plans, except
as otherwise specified in these conditions of approval.
50. 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, an 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.
51. Project plans shall be subject to complete Code Compliance review when the
building plans are submitted for plan check and shall comply with all applicable
provisions of Article IX of the Municipal Code and all other pertinent ordinances
and General Plan policies of the City of Santa Monica prior to building permit
issuance.
Fees
52. As required by California Government Code Section 66020, the project applicant
is hereby notified that the 90-day period has begun as of the date of the approval
of this application, in which the applicant may protest any fees, dedications,
reservations, or other exactions imposed by the City as part of the approval or as
a condition of approval of this development. The fees, dedications, reservations,
or other exactions are described in the approved plans, conditions of approval,
and/or adopted city fee schedule.
Standard Conditions
53. Mechanical equipment shall not be located on the side of any building which is
adjacent to a residential building on the adjoining lot, unless otherwi se permitted
by applicable regulations. Roof locations may be used when the mechanical
equipment is installed within a sound-rated parapet enclosure.
54. 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.
Environmental Mitigation
55. To mitigate solid waste impacts, prior to issuance of a Certificate of Occupancy,
project owner shall submit a recycling plan to the Department of 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; and
6) Plan to inform tenants/ occupants of service.
56. Ultra-low flow plumbing fixtures are required on all new development and
remodeling where plumbing is to be added, including dual flush toilets, 1.0 gallon
urinals and low flow shower heads.
Police
57. 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.
58. Prior to the commencement of alcohol service, the applicant shall participate in
the Santa Monica Alcohol Awareness for Retailers Training (S.M.A.A.R.T)
program conducted by the Santa Monica Police Department
Miscellaneous Conditions
59. 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
Department of Environmental and Public Works.
60. The building address shall be painted on the roof of the building and shall
measure four feet by eight feet (32 square feet).
61. Pursuant to Municipal Code Section 9.04.10.02.420, two signs shall be posted as
follows: one (1) sign indicating that the basement-level restaurant space is limited
to 81 total seats, and one (1) sign indicating that the lobby and veranda is limited
to a combined total of 63 seats. Both signs shall be a minimum of twelve inches
by eighteen inches, and shall be posted by the restaurant entrance, or other such
location as required by the Zoning Administrator.
Compliance
62. 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.
To: Steve Mizokami
From: Melanie Luthern
Re: Georgian Hotel CUP 13-CUP-017, 13-CUP-012
Date: 12/18/2014
Background
The Georgian is an 84-room hotel located on Ocean Avenue. It has one restaurant, the Veranda, and
four meeting spaces; one of these, the Speakeasy, would become a restaurant under this application.
Under current zoning requirements, this property should have 95 parking space. However, the Georgian
is a non-conforming structure, and has only 35 tandem spaces, all of which require a valet system.
The current proposal would expand the lobby restaurant, the Veranda, and convert the basement
banquet facility, the Speakeasy, to a restaurant. In addition, the applicant is seeking to be able to serve
alcohol to both hotel guests and the general public in both newly expanded spaces; currently, alcohol is
limited to hotel guests in the Speakeasy, and is limited to 267 square feet in the Veranda.
Current Violations
Both the hotel’s website and the staff report suggest that the Georgian may be violating the terms and
conditions of its CUP. According to the staff report, “food and alcohol service is limited to hotel patrons
only” in the basement restaurant. However, the Georgian website indicates that “for events without
alcohol, public attendees are welcome.”
While that in itself is a violation of the CUP, common sense suggests the hotel may be further violating
the rules by serving alcohol at all. The site indicates that alcohol may be served if all guests at the event
are “guests of the Georgian.” Since there are 84 rooms in the hotel and 90 seats in the restaurant, few if
any events could be limited to only hotel guests, suggesting the hotel may at times provide alcohol to
non-hotel guests.
The report also indicates another potential violation. It reads, “Based on the existing CUP, only a 267
square foot area located in the southern portion of the lobby is permitted as dining area…” However, on
the following page the floor plan describes the existing Veranda restaurant as being 477 square feet.
The difference is not explained. However, it is likely that the 477 square feet is more accurate.
At 267 feet, the 50-seat restaurant would have only 5 square feet per customer. A typical full service
restaurant is generally 15 feet, while fine dining is often 20 square feet. Even at 477 square feet, the
restaurant would be providing only about 9 square feet per customer.
The Speakeasy provides a point of reference. As a banquet facility, it has 90 seats in 1190 square feet, an
average of 13.2 square feet, much closer to average. A look at photos on the Georgian website suggests
that, if anything the Speakeasy is the more cramped facility, befitting its basement location; the
Speakeasy contains several multi-person banqettes, while the Veranda photos indicate mostly two-
person tables which take up more space.
This evidence suggests that that the restaurant places seats in space it is not legally allowed to. That
argument is buttressed by the application itself. The Georgian seeks to add 900 square feet to the
Veranda, and yet will add only 13 seats. The staff report argues 350 square feet will not be used for
seating, but even still, a 550 square foot addition for only 13 seats would imply nearly 43 square feet per
seat, making the new addition of the Veranda one of the more spacious restaurants in the world.
In fact, the total new square footage of 1377 with 63 total seats would imply approximately 22 square
feet of space per seat. Since the space is doubling as a hotel lobby, this is more reasonable and likely fits
something like what the hotel is already doing—without a permit.
In short, it is inappropriate for the City to grant an expanded Conditional Use Permit to a property
owner when evidence suggests that property owner may be violating the terms of its existing CUP.
Parking
As a non-conforming use, the Georgian currently provides a little over 1/3 of the parking spaces it would
have to provide as a new project. This means it is placing a significant burden on the surrounding
neighborhood. City policy is to accept that burden because the building was already there, and to allow
it to remain non-conforming because it is a historic structure.
City policy, however, is not to allow expansion or enhancement of the use and to simultaneously
exacerbate that burden. In many cases expansion triggers a requirement that the entire building come
into conformance. We do not argue that this should be the case, but rather than the city should either
reject the project or require the Georgian to comply with code for this project itself; a variance for a
project already short 60 spaces is inappropriate.
First, it should be noted that the staff report errs in undercounting the parking required by this project.
As noted above, the total area of the expanded Veranda restaurant is proposed for 1377 square feet,
but staff calculates the parking on only 1167 square feet. Using this correct calculation, the parking
requirement should be 33 spaces rather than the 31 describes by staff.
This in fact underestimates the requirements, since it does not break out bar space or kitchen space,
and code requires 1 parking space for every 300 square feet of “support space” for restaurants, and 1
space for every 50 square feet of bar space rather than restaurant space. Since both the Veranda and
Speakeasy will have bar seating, it is likely that several additional spaces should be required, for a total
of 36 spaces.
In addition to miscounting, the staff report argues for exempting 350 square feet for the purposes of
parking because this area will not be used as seating area, and will instead be a “lobby access area.” This
argument fails on two counts.
First, many restaurants include waiting or lobby areas. It is not city policy to exclude such areas for the
purpose of determining parking requirements. The parking requirements are clear: “1 space per 75 sq.
ft. of service and seating area open to customers.” Here, city staff appears to be creating a special
exemption for the purpose of making the variance it then recommends appear smaller.
Second, the rationale is questionable. If the area will not be used for the restaurant, why is the hotel
requesting permission to serve food and alcohol in the area? The staff report says it is to “simplify use of
the area,” but that hardly answers the question. Getting such permission is only simpler if you intend to
use the permission, and as noted above, there is reason to believe that the hotel already uses more
space that it is allowed to as is. There is no reason to expect that it would not use this space.
This brings us then to the question of whether the Georgian should be granted a variance of 21 parking
spaces. On its face, the answer would seem no. The property is already providing 60 fewer spaces than
code would require, and the spaces it does provide are tandem spaces, which generally would not count
under the code without a variance, making the problem even greater.
Moreover, part of the argument from the hotel and staff report is that the hotel will encourage bicycle
use. It is city policy to encourage such use, and the future zoning ordinance will likely require space to be
set aside for bicycles. However, the Georgian’s proposal does not create new space for these bicycles.
Instead, it eliminates two parking spaces where bicycles will be stored, meaning the net result of this
project will actually decrease on-site parking.
The staff report argues parking demands will be minimal because the Georgian has informed city staff
that “70% of its current restaurant patrons consist of hotel patrons and 30% consists of the general
public.”
The staff report does not indicate whether any evidence was provided of this claim, or if the hotel
indicated how they track which customers are and are not hotel guests. But even assuming it is true, it
almost certainly will not be true after the expansion. The hotel is not expanding the number of rooms or
guests, and yet is seeking to triple the number of restaurant seats; clearly, it would only do so if it
believed it would increase the number of non-hotel guests.
At 50 seats, and three meals a day, the hotel likely serves 200-300 people. Taking the lower number as a
baseline, the Georgian is asserting that 140 hotel guests are eating at the hotel restaurant, or rather that
70 guests are doing so twice a day. That’s a generous assumption, but perhaps possible.
However, with 150 seats, the hotel will presumably seek to serve at least 500 people a day, or else
they’d have no reason to expand their restaurant seating so significantly. That means the current mix
would go from 140 hotel guests and 60 non-hotel guests, to 140 hotel guests and 360 non-hotel guests,
per day, a major increase in parking and traffic at the hotel.
Even a lower assumption of 400 seats per day would still result in 260 non-hotel guests and 140 guests,
a 2-1 ratio in the opposite direction claimed by the hotel. In short, even under the most generous
assumptions that the restaurant currently serves primarily hotel guests as claimed, under any scenario
going forward, the restaurant will principally serve non-hotel guests, and far more customers than the
parking scenario envisioned by the staff report can handle.
The final problem with the parking requirement proposed here is that even the 15 spaces are not new
spaces. The staff report recommends that the Georgian be allowed to lease existing spaces nearby. This
might make sense if the hotel was not already 60 spaces short, and if the proposal was not going to
exacerbate that shortage by an additional 38 spaces (36 new needed spaces, plus the two lost spaces to
bicycles), but it does not make sense here.
Building parking on site may be difficult for the Georgian. The city, however, has two alternatives to a
variance. First, it can reject the project as inappropriate for the site. Alternatively, it could require the
Georgian to build or cause to be built sufficient parking off-site. In either case, the City should not allow
the Georgian to worsen downtown’s traffic and parking problems.
Coastal Act Compliance
The Coastal Act requires that access to the Coast be preserved. For that reason, the Coastal Act prefers
that when development must occur that it be visitor serving since this type of development still allows
access to the Coast for the public. Visitor serving accommodations that are too expensive for a wide
range of people to avail themselves of the accommodation do not provide access in the way intended by
the Coastal Act. [A-5-LOB-13-0246 (Silversands Properties Hotel Project); HNB-MAJ-2-06-(Huntington
Beach Timeshares); A-6-PSD-804/202 (San Diego Lane Field); A-5-RPV-2-324 (Rancho Palos Verdes-Long
Point); RDB-MAJ-2-08 (Redondo Beach); SBV-MAJ-2-08 (Ventura); 5-98-156-A17 (Long Beach-Pike
Hotel); LOB-MAJ-1-10 (Long Beach-Golden Shore)
The Coastal Commission has the responsibility to protect and provide lower-cost overnight
accommodations as required by Section 30213 of the Coastal Act. New lower cost visitor and
recreational facilities can be encouraged and provided if the applicant provides funding for such a
project in lieu of actually providing the lower cost overnight accommodations. These fees are referred to
as “in lieu fees.”
The Georgian is an existing hotel that is out of market for persons of low-to-moderate income. Its
requests, over the years and up until today, to increase its level of amenities has only increased its
inaccessibility to person of low-to-moderate income, yet The Georgian has not had to pay any in lieu
fees.
In lieu fees must be levied against existing hotels seeking to increase amenities in order for
municipalities to keep up with the rapid expansion of luxury boutique hotels into hotel markets
inaccessible to most people.
The Coastal Commission is in the process of evaluating how to improve its approach to preserving and
promoting affordable accommodations. However, typically, the Coastal Commission has required hotel
developers to pay $30,000 per room in a “high cost” hotel. A-5-LOB-13-0246 (Silversands Properties
Hotel Project).
The Georgian should be required to pay in lieu fees of $2,520,000 in order to mitigate its impacts on
access to the Coast. In the past, in lieu fee money from the City of Santa Monica has been used to add
on to the Santa Monica Youth Hostel.
Conclusion
We not only request that you reject the CUP and parking variance requested by the Georgian, but we
believe you cannot approve the variance because you cannot make all the findings required by Code
section 9.04.20.10.050:
“(a) 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.” The Georgian is no different in terms of its desire to expand while not having
adequate parking to accommodate visitors than most other businesses in this part of town.
“(b) 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.” Granting the variance
will injure nearby properties in terms of their users being unable to find adequate parking nearby.
“(c) The strict application of the provisions of this Chapter would result in practical difficulties
or unnecessary hardships, not including economic difficulties or economic hardships.” The hardship to
Georgian of not having a variance would be purely economic.
“(d) 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.” The General
Plan seeks to minimize congestion in this area which is substantially worsened by cars looking for
parking. The Plan also tries to preserve the smaller scale of businesses in this area. It also seeks to be in
compliance with state laws like the Coastal Act.
“(e) The variance would not impair the integrity and character of the district in which it is to
be located.”
“(f) The subject site is physically suitable for the proposed variance.” No such finding can be
made because the site is too small and located too far away from adequate parking for itself along with
all other competing users nearby.
“(g) 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.” There is not
adequate public transportation and parking to ensure this variance does not increase traffic and air
pollution.
“(h) There will be adequate provisions for public access to serve the subject variance
proposal.” Again, those seeking access to this bar and restaurants are not likely going to be bicyclists nor
bus riders. They are going to use their private vehicles and try to park them nearby. The lack of such
parking in the area means lack of public access to this parcel. Variance does not address the impact on
access for persons of low to moderate income.
“(i) 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 contained in
Section 9.04.10.08.050 of this Chapter.” We dispute that effective control measures are going to be
used.
“(j) All the above specified requirements need not apply to variances which the Zoning
Administrator finds are essential or desirable to the public convenience or welfare and are not in conflict
with the General Plan and where the granting of the variance will not be materially detrimental nor
injurious to property or improvements in the general vicinity and district in which the property is
located.” No such finding could fairly be made here.
“(k) The strict application of the provisions of this Chapter would result in unreasonable
deprivation of the use or enjoyment of the property. “ The Georgian’s current size does not render it
unreasonably incapable of using its property.
City of Santa Monica
City Planning Division
PLANNING COMMISSION
STATEMENT OF OFFICIAL ACTION
PROJECT INFORMATION
CASE NUMBERS: Conditional Use Permit 13-017; Variance 13-012
LOCATION: 1415 Ocean Avenue
APPLICANT: Juan Viramontes, General Manager (Georgian Hotel)
PROPERTY OWNER: 4DS, LP
CASE PLANNER: Steve Mizokami, Associate Planner
REQUEST: The Georgian Hotel requests a Conditional Use Permit
(13CUP-017) to amend existing Conditional Use Permit
08CUP-014 to increase the existing food and alcohol
service area within the lobby, increase the total number
of permitted seats in the lobby and veranda area, and
allow restaurant service (including alcohol service) to the
general public within the increased lobby area and
existing basement level restaurant dining area. The
applicant requests Parking Variance 13VAR-012 to
amend existing Parking Variance 08VAR-020 to satisfy
the off-street parking requirements associated with
allowing general public access to the increased lobby
area and basement level restaurant dining area.
CEQA STATUS: The project is categorically exempt from the provisions of
the California Environmental Quality Act (CEQA),
pursuant to Section 15303, New Construction or
Conversion of Small Structures, of the State
Implementation Guidelines in that the project involves
modifications to existing restaurant operations within the
Georgian Hotel, with minor interior improvements and no
increase in floor area to the building.
2
CUP 13-017 & VAR 13-012
Statement of Official Action
PLANNING COMMISSION ACTION
September 17, 2014 Determination Date
X
Approved based on the following findings and subject to the
conditions below.
Denied.
Other:
EFFECTIVE DATES OF ACTIONS IF
NOT APPEALED:
October 2, 2014
EXPIRATION DATE OF ANY PERMITS
GRANTED:
April 2, 2016
LENGTH OF ANY POSSIBLE
EXTENSION OF EXPIRATION DATES*:
6 months
* Any request for an extension of the expiration date must be received in the City
Planning Division prior to expiration of this permit.
Each and all of the findings and determinations are based on the competent and
substantial evidence, both oral and written, contained in the entire record relating to the
Project. All summaries of information contained herein or in the findings are based on
the substantial evidence in the record. The absence of any particular fact from any
such summary is not an indication that a particular finding is not based in part on that
fact.
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
9.04.08.12.040 (c) provides that eating and drinking establishments permitting
alcoholic beverages may be permitted in the Residential-Visitor Commercial
district. Furthermore, pursuant to Conditional Use Permit 08CUP-014, Condition
No. 39, changes to the approved concept shall be subject to Planning
Commission approval.
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 Re sidential-Visitor Commercial
district permits eating and drinking establishments with alcohol. Allowing an
expansion of the service areas within the restaurant to the general public would
provide the hotel with flexibility in restaurant operations and will allow for
additional dining opportunities at the site. Restaurants are encouraged in the
downtown area, and will be consistent with and complementary to other uses in
the area. Updated alcohol-related conditions of approval have been added to the
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existing 08CUP-014 conditions to further mitigate potential impacts associated
with alcohol consumption to ensure that the integrity and character of the
neighborhood is maintained.
3. The subject parcel is physically suitable for the type of land use being propo sed,
in that the parcel is a standard lot developed with an eight -story hotel that
includes an existing restaurant that can accommodate the proposed
amendments to the restaurant operations, which will affect the basement, lobby,
and veranda areas of the building.
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 existing
restaurant is a service provided by the Georgian Hotel that currently provides
food and alcohol service to hotel patrons and the general public. The proposal to
expand the restaurant service areas to the general public would provide the hotel
with flexibility in restaurant operations and will allow for additional dining
opportunities at the site. Restaurants are encouraged in the downtown area, and
will be consistent with and complementary to other uses in the area.
Furthermore, Conditions No. 1 through 34 will ensure that the use operates in a
harmonious manner with nearby land uses.
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 subject property is located within the RVC district which
encourages visitor serving uses such as hotels and restaurants. Alcohol service
is ancillary to the primary hotel establishment and as conditioned, the restaurant
will continue to operate in a harmonious manner with the adjacent land uses, and
will not create any alcohol-related problems in the area. Furthermore, the Police
Department has not indicated any issues regarding the restaurant’s operations
since food and alcohol service to the public commenced in 2009, and no code
compliance cases related to the hotel’s restaurant operatio ns have been filed by
the City during this time.
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 the vehicular access
is provided from the 1st Court alley and pedestrian access is provided via Ocean
Avenue. In addition, valet parking service is provided for patrons along Ocean
Avenue. Additionally, the project is located adjacent to the City’s Transit Mall as
well as in the center of the City’s largest area of pedestrian activity.
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 CUP
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amendments will provide the hotel with flexibility in restaurant operations and will
allow for additional dining opportunities at the site. Restaurants are encouraged
in the downtown area, and the restaurant will be consistent with and
complementary to other uses in the area, promoting day and night pedestrian
activity along Ocean Avenue.
9. The proposed use is consistent with the goals, objectives, and policies of the
Land Use and Circulation Element (LUCE), in that the proposed amendments
would provide additional flexibility in the restaurant’s operations by expanding
areas of the restaurant accessible to the public, improving its viability as a
restaurant along Ocean Avenue where pedestrian activity is highly encouraged.
Consistent with Downtown District Policy D7.1 which seeks to encourage a broad
mix of uses that creates dynamic activity in both the daytime and evening hours,
the proposed alcohol service would complement food service to all patrons,
creating pedestrian activity in both daytime and evening hours that is needed in
this particular portion of Ocean Avenue between the hotel and Broadway that
currently lacks active ground-floor pedestrian-oriented uses.
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 (LUCE), 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 of the City of Santa Monica Comprehensive
Land Use and Zoning Ordinance, 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 CUP amendments will not increase the
number of alcohol serving establishments in the District. Furthermore, the Police
Department has not indicated any alcohol-related issues or concerns regarding
the restaurant’s operations since food and alcohol service to the pub lic
commenced in 2009, and no code compliance cases related to the hotel’s
restaurant operations have been filed by the City during this time.
ALCOHOL OUTLET FINDINGS
1. The proposed use will not adversely affect the welfare of neighborhood residents
in a significant manner in that the Residential-Visitor Commercial district
conditionally permits eating and drinking establishments that serve alcoholic
beverages. Updated alcohol-related conditions of approval have been added to
the existing 08CUP-014 conditions to further mitigate potential impacts
associated with on-site alcohol consumption to ensure the restaurant will not
adversely affect the welfare of neighborhood residents in a significant manner.
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Specifically, Condition No. 12 prohibits the use of the basement level restaurant
area as a separate bar or a nightclub.
2. The proposed amendments will not contribute to an undue concentration of
alcohol outlets in the area in that the restaurant currently has an existing alcohol
license that permits alcohol sales to hotel patrons and the general public, and
therefore will not increase the number of alcohol serving establishments in the
District. Expanding the existing restaurant service areas available to the public
provide the hotel with flexibility in restaurant operations and will allow for
additional dining opportunities at the site and along Ocean Avenue that is not
highly concentrated with restaurants with alcohol licenses. Furthermore, the
Police Department has not indicated any alcohol-related issues or concerns for
the proposed use.
3. The proposed use will not detrimentally affect nearby neighborhoods considering
the distance of the alcohol outlet to residential buildings, churches, schools,
hospitals, playgrounds, parks, in that there are no nearby churches, schools,
hospitals or playgrounds nearby, and the conditions for approval, such as the
hours of operation and compliance with the provisions of the Noise Ordinance,
will minimize the potential effect on any residential uses in the vicinity. Palisades
Park is the only park located within a 500-foot radius of the subject site. The
Community and Cultural Services Department has reviewed the project and has
indicated no comments or objections to the proposal. Furthermore, updated
alcohol-related conditions of approval (standard conditions) have been added to
further mitigate potential impacts associated with on -site alcohol consumption to
ensure the restaurant will not adversely affect the welfare of nearby
neighborhoods in a significant manner.
4. The proposed use is compatible with existing and potential uses within the
general area in that the Zoning Ordinance conditionally permits hotels and eating
and drinking establishments permitting alcoholic beverages. Conditions No. 1
through 34 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.
Furthermore, the Police Department has not indicated any alcohol-related issues
or concerns regarding the restaurant’s operations since food and alcohol service
to the public commenced in 2009, and no code compliance cases related to the
hotel’s restaurant operations have been filed by the City during this time.
5. Traffic and parking congestion will not result from the proposed use in that the
parking demand and traffic patterns in the neighborhood will not change due to
the provision of incidental alcohol sales in conjunction with the existing restaurant
within the hotel. The offering of alcoholic beverages as a service component of
the restaurant would not, in and of itself, increase traffic and parking demand in
the neighborhood.
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6. The public health, safety, and general welfare are protected in that the project is
consistent with the provisions of the Zoning Ordinance, and the Land Use and
Circulation Element (LUCE), and alcohol specific conditions have been added to
mitigate any potential adverse impacts.
7. No harm to adjacent properties will result in that the updated conditions of
approval will ensure that the establishment operates in a manner which protects
adjacent neighbors.
8. The proposed use is consistent with the goals, objectives, and policies of the
Land Use and Circulation Element, in that the proposed amendments would
provide additional flexibility in the restaurant’s operations by increasing areas of
the restaurant accessible to the public, improving its viabilit y as a restaurant
along Ocean Avenue where pedestrian activity is highly encouraged. Consistent
with Downtown District Policy D7.1 which seeks to encourage a broad mix of
uses that creates dynamic activity in both the daytime and evening hours, the
proposed alcohol service would complement food service to all patrons, creating
pedestrian activity in both daytime and evening hours that is needed in this
particular portion of Ocean Avenue between the hotel and Broadway that
currently lacks active ground-floor pedestrian-oriented uses.
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. Specifically, the
site is improved with an existing eight-story hotel with limited surface parking
toward the rear of the property. The existing on-site improvements do not allow
additional required parking to be provided on -site, however it is anticipated that
available parking from underutilized parking locations within the immediate area,
can accommodate parking demand generated by the restaurant through the use
of valet parking service. In addition, the recommended TDM program would
reduce parking demand generated by the proposed restaurant expansion . As
conditioned, valet parking service is required in order to maximize use and
operation of the on-site parking, and to facilitate the use of additional off-site
parking required per Condition No. 38.
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 15 off-site parking spaces within underutilized parking locations
within the immediate area is required to accommodate parking demand
generated by the restaurant through the use of valet parking service. Moreover,
it is anticipated that restaurant patrons will visit other commercial uses in the
area, and utilize transit or nearby public parking facilities within the nearby
downtown area, resulting in a lower parking demand for the hotel. Furthermore,
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it is anticipated that restaurant parking demand will not substantially increase
based on the proposed expansions. The reconfigured lobby would result in an
increase of only 13 seats as the expanded area would be utilized primarily as a
waiting area and lounge for patrons. Similar to the existing restaurant
characteristics, the restaurant will comprise of a mix of hotel and public patrons,
indicating a lower parking demand generated by the public for restaurant service
compared to the parking demand suggested by current parking requirements. In
addition, the proposed TDM program would reduce parking demand generated
by the proposed restaurant expansion.
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 opportunities to provide flexibility to the existing
restaurant’s operation to allow expand service areas to the general public is
limited due to the inability to provide the additional parking spaces required by
Code on-site due to existing improvements located on the subject property.
Specifically, the site is improved with an existing eight -story hotel with limited
surface parking toward the rear of the property. The e xisting on-site
improvements constraining the property from allowing additional required parking
to be provided on-site presents a practical difficulty.
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. The project is consistent with LUCE Downtown District Goal
D11, which seeks to address parking needs comprehensively, identifying shared
parking opportunities, and to pursue opportunities for shared parking agreements
with private parking facilities, in that the project proposes a parking variance that
would require the Georgian Hotel (via valet parking operations) to secure 15
available off-site parking within the immediate area to accommodate parking
demand generated by restaurant patrons. Furthermore, the project is consistent
with LUCE Citywide Land Use Goal LU8 that seeks the reduction of vehicular
trips in that the project includes a Transportation Demand Management (TDM)
program that includes financial incentives for employees to consider alternate
modes of transit to the site, provides incentives for restaurant patrons including
discounts on food items, and includes bike valet services to promote bicycling as
an alternate mode of transit to the site by restaurant patrons.
5. The variance would not impair the integrity and character of the district in wh ich it
is to be located in that the existing on-site parking, with the use of valet parking
service, and a provision to provide 15 additional off-site parking spaces within the
immediate area, can accommodate any additional parking demand generated by
the restaurant. In efforts to encourage alternate modes of transit such as
bicycling, the proposed TDM plan requires that the property provide
complimentary bicycle valet services for restaurant patrons, in addition to the
existing valet parking services provided for vehicle arrival. Furthermore, based
on the hotel’s location immediately adjacent to the downtown districts (Bayside,
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C3, C3C districts), it is anticipated that restaurant patrons will visit other
commercial uses in the area, and utilize transit or nearby public parking fac ilities
within the nearby downtown area, resulting in a lower parking demand. For
these reasons, the proposed parking variance would not create any parking
impacts to the property and surrounding area.
6. The subject site is physically suitable for the proposed variance in that the site is
improved with an existing eight-story hotel with a surface parking area that can
accommodate 35 parking spaces through valet parking service. Any additional
parking demand would be accommodated by use of the 15 additional off-site
parking spaces required to be secured within the immediate area, pursuant to
Condition No. 39. Additionally, the site is served by Ocean Avenue and 1st Court
alley. Furthermore, the TDM program includes a provision to provide bike valet
parking requiring not more than 2 vehicle parking spaces at the property to be
used for parking bicycles at any one time for bike valet service, which can be
accommodated at the site.
7. There are adequate provisions for water, sanitation, and public utiliti es 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 vehicular access to the site is provided from 1st Street Court, and
pedestrian access to the site is provided from Ocean Avenue. In addition, valet
parking service is provided for patrons along Ocean Avenue. Additionally, the
project is located adjacent to the City’s Transit Mall as well as in the center of the
City’s largest area of pedestrian activity.
9. For the reduction of the automobile parking space requirements, the reduction is
based and conditioned upon an approved parking reduction plan that
incorporates transportation control measures that have been demonstrated to be
effective in reducing parking needs and that are monitored, periodically reviewed
for continued effectiveness, and enforced by the City. Specifically, Condition No.
35 requires the implementation of a Transportation Demand Management (TDM)
program that provides financial incentives for employees to consider alternate
modes of transit to the site, and provides incentives for restaurant patrons
including discounts on food items. The program includes providing full-time
employees with monthly transit passes at no cost, and monthly employee
transportation allowances for full-time employees who walk, bike, or carpool to
the workplace. The program also includes providing complementary bike valet
service, an amenity for both local patrons and visitors using bike rentals traveling
throughout the downtown area, in which no more than 2 vehicle parking spaces
at the property would be used at any one time for bike parking services.
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Encouraging bicycle use to the site warrants the use of vehicle parking spaces
on-site to accommodate bike parking demand. Staff anticipates the proposed
TDM program will reduce the parking demand generated by the public use of the
restaurant facility at the hotel. To further reduce the hotel parking demand and
allow for any additional parking demand generated by the restaurant, the plan
requires transit service information be provided to guests prior to hotel arrival to
encourage alternate modes of transportation other than private vehicle to the
site. Information about local services, restaurants, commercial areas, and bicycle
facilities (routes and rental locations) within walking distances of the hotel, will
also be included to inform patrons of transit opportunities while in the area. To
ensure the maximum use of the hotel’s on-site parking, and to facilitate the use of
approved off-site parking within the immediate area, Condition No. 38 requires
that the existing valet attendant parking service be available to both hotel an d
restaurant patrons.
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 subje ct parcel would
not be possible due to the inability to provide the additional parking spaces
required by code on-site to allow additional areas within the existing restaurant to
be accessible by the general public.
CONDITIONS OF APPROVAL:
PLANNING AND COMMUNITY DEVELOPMENT
Project Specific Conditions
1. This approval is for a Type 47 (On-Sale Beer, Wine, & Distilled Spirits within a
Bona-Fide Eating Place) alcohol license, and a Type 66 alcohol license to allow
the continued use of liquor cabinets accessible throu gh key access in the guest
rooms (permitted by 94CUP-001). Any request to modify these license types
shall require approval from the Planning Commission.
2. The permitted alcohol service for the restaurant basement, lobby, and veranda
areas shall be from 7:00 AM to 12:00 AM, Sunday through Wednesday, and 7:00
AM to 2:00 AM, Thursday through Saturday. Complete closure of the restaurant
and all employees exiting of the restaurant must occur within one hour after
closing hours. No "after hours" operations shall be permitted.
3. No exterior activity such as trash disposal, disposal of bottles or noise generating
trash, deliveries or other maintenance activity generating noise audible from the
exterior of the building shall occur during the hours of 11:00pm to 7:00am daily.
In addition, there shall be no outdoor cleaning of the property with pressurized or
mechanical equipment during the hours of 9:00pm to 7:00am daily. Trash
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containers shall be secured with locks. All deliveries shall take place at the rear if
the building accessed from First Court alley.
4. Food and alcohol service may be provided to hotel patrons and the general
public in the basement, lobby and veranda dining areas. Total restaurant seating
shall not exceed 144 seats. Both lobby and veranda dining areas combined are
limited to a total of 63 seats, including bar seats. The basement level restaurant
dining area shall be limited to 81 seats, including 7 bar seats.
5. In the guest rooms, alcohol shall be stored only within the approved liquor
cabinets, which shall be accessible through key access only to registered guests
21 years of age or older. Restocking of the liquor cabinets shall be performed in
the course of scheduled room service activities, and shall not be performed
between the hours of 2:00 AM and 6:00 AM. Room service of alcoholic
beverages is allowed during the permitted alcohol service hours for the
restaurant, in accordance with Condition No. 2.
6. The conditions of this approval (13CUP-017) shall supersede the approvals
granted by Conditional Use Permit 08CUP-014, 00CUP-029 and 94CUP-001,
and incorporates all of the relevant conditions of the prior approval.
Project Operations
7. 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.
8. No alcoholic beverage shall be sold for consumption beyond the premises.
9. Except for special events, alcohol shall not be served in any disposable container
such as disposable plastic or paper cups.
10. No more than 35% of total gross revenues per year shall be from alcohol sales
for the restaurant. 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.
11. The primary use of the outdoor dining area located on the veranda shall be for
seated meals service. Patrons who are standing in the outdoor seating area
shall not be served.
12. The basement level restaurant seating area is for sit-down food and beverage
service only. No stand-up service is permitted, and the basement area shall be
prohibited from operating as a nightclub, or separate bar only establishments.
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13. The primary entrance to the basement level restaurant shall be from the interior
of the hotel, from the interior hotel lobby. Entry from the exterior of the hotel into
the basement level restaurant through the southern doorway shall be prohibited,
and this southern doorway shall be used as an exit only.
14. The primary use of the restaurant component of the hotel in all service areas
(basement, lobby, and veranda), shall be for sit-down meal service to patrons.
Alcohol shall not be served to persons except those intending to purchase meals.
15. No alcohol service shall be permitted on the veranda unless food is available.
Food must be provided or purchased in order for individuals to be served alcohol .
16. Bottle service shall mean the service of any full bottle of liquor, wine, or beer, of
more than 375 ml, along with glass ware, mixers, garnishes, etc., in which
patrons are able to then make their own drinks or pour their own wine or beer.
Liquor bottle service shall be prohibited. Wine and beer 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.
17. The establishment shall maintain a kitchen or food-serving area in which a
variety of food is prepared and cooked on the premises.
18. The establishment shall serve food to patrons during all hours when alcohol is
served.
19. Customers shall be permitted to order meals at the dining counter at all times the
dining counter or restaurant is open for business.
20. There shall be no cover charge or minimum drink purchase requirement.
21. Any minimum purchase requirement may be satisfied by the purchase of
beverages or food.
22. Take out service shall be only incidental to the primary sit-down use.
23. No dancing or live entertainment beyond that allowed in the restaurant definition
contained in the Zoning Ordinance shall be permitted on the premises.
24. No organized queuing of patrons at the entry or checking of identification to
control entry into and within the establishment shall be permitted. There shall not
be any age limitation imposed restricting access to a ny portion of the restaurant.
25. 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.
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26. No video or other amusement games shall be permitted on the premises.
27. No more than three television screens, including video projectors or similar
audio/visual devices, shall be provided within all dining areas combined. None of
these televisions or projections surfaces shall exceed 60 inches measured
diagonally. This condition does not apply to guest rooms.
28. Parking lot illumination shall be provided and maintained.
29. The owner shall prohibit loitering in the parking area and outside the restaurant
frontage, and shall control noisy guests and visitors leaving the hotel.
30. Employees of the establishment shall walk a 100-foot radius from the facility at
some point prior to 30 minutes after closing and shall pick up and dispose of any
discarded beverage containers and other trash left by patrons.
31. Window or other signage visible from the public right-of-way that advertises beer
or alcohol shall not be permitted.
32. Applicant is on notice that all temporary signage is subject to the restrictions of
the City sign ordinance.
33. The use shall at all times comply with the provisions of the Noise Ordinance
(SMMC Chapter 4.12).
34. 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.
Parking Variance Conditions
35. The project’s Transportation Demand Management (TDM) Program shall consist
of the following measures, and shall be implemented prior to the commencement
of the approved CUP amendments. The hotel shall advise employees on initial
hire and annually of the benefits included in the program.
Transportation Information
The hotel shall provide transportation information to guests prior to and upon
hotel arrival to encourage modes of transportation other than private vehicle to
and from the site (provided through website or other digital means). This shall
include information about location destinations to services, restaurants,
commercial areas, and attractions. Furthermore, on-site transportation
information shall be located in a highly visible area available to employees and
customers. Such transportation information may be provided in an on -site
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Statement of Official Action
physical location, such as a bulletin board or kiosk, through other media, such as
on a website or other digital means, or both. Information shall include, but is not
limited to, the following:
i. Current maps, routes and schedules for public transit routes within one -half
mile of the project site;
ii. Transportation information including regional ridesharing agency, local
transit operators, and certified TMO where available;
iii. Ridesharing promotions material supplied by commuter -oriented
organizations;
iv. Bicycle route and facility information, including rental and sales locations,
regional/local bicycle maps, and bicycle safety information within one-half
mile of the project site;
v. A list of facilities available for carpoolers, vanpoolers, bicyclists, transit
riders and pedestrians at the site;
vi. Walking and biking maps for employees and visitors, which shall include but
not be limited to information about convenient local services and restaurants
within walking distance of the project; and
vii. Information to commercial tenants and employees of the project regarding
local rental housing agencies.
Customer Incentive TDM Program
The applicant, or property owner (and its successor and assignees) shall submit
to the City for approval a Customer TDM Program to incentivize restaurant
customers of the lobby, veranda, and basement dining areas to utilize non-single
occupancy vehicle travel to the property. The Customer TDM Program shall be
reviewed and approved by staff prior to commencement of this CUP. Program
elements may include but are not limited to incentives such as free or discounted
food and giveaways from the property or partner organizations. The Planning
Director shall have the authority to amend the program based upon informat ion
from the property owner to ensure the incentives are provided only to customers
who otherwise would have driven to the downtown area.
Bike Valet Parking
The applicant, or property owner (and its successor and assignees) shall provide
complementary bike valet parking for all patrons arriving via bicycle. Bike valet
service hours of operation shall be concurrent with the automobile valet parking
service, and bikes shall be parked as close, or closer, than the nearest auto valet
parking space. Bike valet parking area shall be reviewed and approved by staf f
prior to commencement of this CUP. This condition shall not require more than
two (2) vehicle parking spaces at the property be used at any one time for bike
valet.
Employee Transit Passes
The applicant, or property owner (and its successors and assign ees) shall
provide a monthly regional transit pass (e.g. Metro EZ Pass or equivalent), that
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includes access to light rail, at no cost to each full-time employee of the property
who primarily utilizes the bus to travel to the workplace. Said employee shall
execute a contract agreeing to utilize non -single occupancy vehicle travel for at
least 75% of their daily commute distance, shall not utilize single occupancy
vehicle travel more than 5 business days per month, and shall demonstrate
compliance as reasonably required by the property owner. This condition shall be
incorporated into the annual employer trip reduction plan for the worksite.
Employee Transportation Allowance
The applicant shall offer a monthly Transportation Allowance (equal to 50% of
the cost of a monthly regional transit pass - e.g. Metro EZ Pass or equivalent) to
each full-time employee of the property who utilizes non -single occupancy
vehicle transportation to the workplace and does not claim the Employee Transit
Pass referenced above. Said employee shall execute a contract agreeing to
utilize non-single occupancy vehicle travel for at least 75% of their daily commute
distance, shall not utilize single occupancy vehicle travel more than 5 business
days per month, and shall demonstrate compliance as reasonably required by
the property owner. The employee may choose to use the transportation
allowance to cover expenses associated with non -single occupancy vehicle
commuting including but not limited to Bike Center memberships (providing
access to showers and secure bike parking), Big Blue Bus expenses, vanpool
and carpool expenses, and bike share expenses. This condition shall be
incorporated into the annual employer trip reduction plan for the worksite.
Employee Orientation and Commuter Matching Services
Employees shall be given information about Employee Transit Passes, Employee
Transportation Allowance and any other available TDM facilities and services
upon hire. Commuter matching services shall also be provided for all employees
on an annual basis, and for all new employees upon hiring.
Employee Guaranteed Ride Home
The applicant, owner, operator, and/or successor shall provide employees who
carpool, vanpool, bicycle, walk, or take transit with a return trip to the point of
commute origin up to two times in a twelve month period at no additional cost to
the employee, when a Personal Emergency Situation, such as a personal or
family illness or injury, requires it. The applicant, owner, operator, and/or
successor may register with Metro’s Guaranteed Ride Home program to provide
this service for such commuters which shall be deemed satisfaction in full of this
condition.
Transportation Management Organizations/Associations (TMO)
Active participation in the formation and ongoing activities of a TMO, if
established and includes the project site, attendance at organizational meetings,
providing parking and travel demand data to the TMO, and making available
information to project tenants relative to the services provided by the TMO.
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36. Local Hiring Policy For Permanent Employment . The Hotel shall implement a
local hiring policy (the “Local Hiring Policy”), consistent with the following
guidelines:
I. Purpose. The purpose of the Local Hiring Policy is to facilitate the
employment by the Hotel of residents of the City of Santa Monica (the
“Targeted Job Applicants”) and in particular, to facilitate the employment of
those residents who are “Low-Income Individuals” (defined below) in efforts
to reduce the distance and number of employee vehicular trips to the
workplace by ensuring Targeted Job Applicants are aware of hotel
employment opportunities and have a fair opportunity to apply and compete
for such jobs. The goal of this policy is local hiring.
II. Definitions.
a. “Hospitality Training Academy” or “HTA” means the hotel worker job
training resource program to be developed in Santa Monica through a
Taft-Hartley Labor-Management Partnership between certain local hotels,
UNITE HERE Local 11 and others to be determined.
b. “Low Income Individual” means a resident of the City of Santa Monica
whose household income is no greater than 80% of the Median Income.
c. “Median Income” means the median income for the Los Angeles-Long
Beach Primary Metropolitan Statistical Area, as published from time to
time by the City in connection with its Affordable Housing Produ ction
Program pursuant to SMMC Section 9.56.
d. “On-Site Jobs” means all jobs at the Hotel, regardless of whether such
job is in the nature of a part time or full time employee or an independent
contractor.
e. “Hotel” means the Georgian Hotel.
III. Priority for Targeted Job Applicants. Subject to Section VI below, the Local
Hiring Policy provides that the Targeted Job Applicants shall be considered
for each On-Site Job in the following order of priority:
a. First Priority: Any resident of a household with no greater than 80%
Median Income that resides with the low and Moderate Income Areas
identified in Figure 3-12 of the City of Santa Monica’s 2013-2021 Housing
Element;
b. Second Priority: Any resident of a household with no greater than 80%
Median Income that resides within the City; and
c. Third Priority: Any resident of a household with no greater than 80%
Median Income that resides within a five (5) mile radius of the project site.
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CUP 13-017 & VAR 13-012
Statement of Official Action
For purposes of this Local Hiring Policy, the Hotel is authorized to rely on the
most recent year’s income tax records (W -2) and proof of residency (e.g.
driver’s license, utility bill, voter registration) if voluntarily submitted by a
prospective job applicant for purposes of assessing a Targeted Job
Applicant’s place of residence and income.
IV. Coverage. The Local Hiring Policy shall apply to all hiring for On-Site Jobs.
Notwithstanding the foregoing, the Local Hiring Policy shall not apply to
temporary employees utilized while a permanent employee is temporarily
absent or while a replacement is being actively sought for a recently-
departed permanent employee. Furthermore, the Local Hiring Policy shall
not preclude the re-hiring of a prior employee or the transfer of an existing
employee from another location.
V. Recruitment.
a. Advanced Local Recruitment - Initial Hiring for New Business. So that
Targeted Job Applicants are made aware of the availability of On -Site
Jobs, at least 30 days before recruitment (“Advanced Recruitment
Period”) is opened up to general circulation for the initial hiring by a new
business, the Hotel shall advertise available On-Site Jobs in the Santa
Monica Daily Press, or Santa Monica Police Activity League or similar
organization, or similar local media and electronically on a City-sponsored
website, if such a resource exists. In addition, the Hotel shall consult with
and provide written notice to the HTA and at least two first source hiring
organizations, which may include but are not limited to the following:
i. Local first source hiring programs
ii. Trade unions
iii. Apprenticeship programs at local colleges
iv. Santa Monica educational institutions
v. Other non-profit organizations involved in referring eligible
applicants for job opportunities
The Hotel shall hold the positions open for no more than 30 days in order
to allow for referrals from the first source hiring organizations. The Hotel
shall review information provided by the selected organizations with
respect to all applicants referred by such organizations and interview
those individuals, who, following a review of such information, are
determined by the Hotel to meet the Hotel’s written minimum qualifications
for the position. The Hotel shall maintain a written record explaining the
reasons for not selecting any individual referred to the Hotel by the
selected organizations who was interviewed by the Hotel for the position.
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CUP 13-017 & VAR 13-012
Statement of Official Action
b. Advanced Local Recruitment - Subsequent Hiring. For subsequent
employment opportunities, the Advanced Recruitment Period for Targeted
Job Applicants can be reduced to at least 7 days before recruitment is
opened up to general circulation. Alternatively, the Hotel may also use an
established list of potential Targeted Job Applicants of not more than one
year old.
c. Obligations After Completion of Advanced Recruitment Period. Once
these advanced local recruitment obligations have been met, the Hotel is
not precluded from advertising regionally or nationally for employees.
VI. Hiring. The Hotel shall consider in good faith all applications submitted by
Targeted Job Applicants for On-Site Jobs in accordance with their normal
practice to hire the most qualified candidate for each position and shall be
make good faith efforts to hire Targeted Job Applicants when such
Applicants are most qualified or equally qualified as other applicants. The
City acknowledges that the Hotel shall determine in their respective
subjective business judgment whether any particular Targeted Job Applicant
is qualified to perform the On-Site Job for which such Targeted Job Applicant
has applied.
VII. Proactive Outreach. Hotel shall designate a “First-Source Hiring
Coordinator” (FHC) that shall manage all aspects of the Local Hiring Policy.
The FHC shall be responsible for actively seeking partnerships with local
first-source hiring organizations prior to employment opportunities being
available. The FHC shall also be responsible for encouraging and making
available information on first-source hiring to the Hotel. The FHC shall
contact the Hotel to inform them of the available resources on first-source
hiring. In addition to implementation of the Local Hiring Policy, the FHC can
have other work duties unrelated to the Local Hiring Policy.
37. The parking reduction plan, inclusive of the Transportation Demand Management
Program (per Condition No. 35), shall be monitored annually, concurrent with the
hotel’s annual employer trip reduction plan for the worksite , periodically reviewed
for continued effectiveness, and enforced by the Planning and Community
Development Department. The applicant shall prepare and submit to the City, a
report that shall include documentation of the Customer Incentive TDM Program
effectiveness by mode, bike valet utilization, employee transit pass distribution,
and employee transportation allowance distribution by mode.
38. The hotel’s existing on-site valet parking shall provide parking services for
restaurant patrons, unless the valet service is approved by the Planning and
Community Development Director to be provided in combination with other
establishments.
39. The applicant shall secure a minimum of 15 off-site parking spaces for the
restaurant concurrent with the use of the expanded dining areas at all times. The
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CUP 13-017 & VAR 13-012
Statement of Official Action
applicant shall demonstrate availability of parking spaces to the satisfac tion of
City Staff through the submission of parking utilization studies and similar
documentation as needed. Thereafter approval of an off -site parking location by
City Staff, the applicant shall provide evidence, including a copy of a current
lease agreement(s) including the number of spaces leased, and the location
(address) of the required spaces provided off-site, prior to the commencement of
the approved CUP amendments, and annually with the hotel’s annual employer
trip reduction plan submittal to the City. The term of the required lease
agreement(s) shall be a minimum of 12 months. The required off-site parking
spaces must commence within 300-feet of the subject property and within a
1,000-foot perimeter, or within the Downtown Core through a Shared Parking
Permit pursuant to the City’s Interim Zoning Ordinance No. 2466 (CCS) (“IZO”).
In the event that the hotel in the future does not open the basement level
restaurant to the general public, the hotel may request a modification to the 15
required off-site parking spaces as a minor amendment, subject to approval by
the Director of Planning.
Administrative
40. The Planning Commission’s approval, conditions of approval, or denial of this
application may be appealed to the City Council if the appeal is fi led 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.
41. Within ten days of City Planning Division transmittal of the Statement of Official
Action, project applicant shall sign and return a copy of the Statement of Official
Action prepared by the Planning Division, agreeing to the conditions of approval
and acknowledging that failure to comply with such conditions shall constitute
grounds for potential revocation of the permit approval. By signing same,
applicant shall not thereby waive any legal rights applicant may possess
regarding said conditions. The signed Statement shall be returned to the
Planning Division. Failure to comply with this condition shall constitute grounds
for potential permit revocation.
42. Within thirty (30) days after final approval of the project, a sign shall be posted on
site stating the date and nature of the approval. The sign shall be posted in
accordance with the Zoning Administrator guidelines and shall remain in place
until a building permit is issued for the project. The sign shall be removed
promptly when a building permit is issued for the project.
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CUP 13-017 & VAR 13-012
Statement of Official Action
43. Prior to commencement of the approved use, 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.
44. 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.
45. Prior to issuance of a Certificate of Occupancy, or a business license, or
commencement of alcohol service as applicable, the operator shall submit a plan
for approval by the Director of Planning regarding employee alcohol awareness
training programs and policies. The plan shall outline a mandatory alcohol
awareness training program for all employees having contact with the public and
shall state management's policies addressing alcohol consumption and
inebriation. The program shall require all employees having contact with the
public to complete a California Department of Alcoholic Beverage Control (ABC)
sponsored alcohol awareness training program within 90 days of the effective
date of this approval. In the case of new employees, the employee shall attend
the alcohol awareness training within 90 days of hiring. In the event the ABC no
longer sponsors an alcohol awareness training program, all employees having
contact with the public shall complete an alternative program approved by the
Director of Planning and Community Development. The operator shall provide
the City with an annual report regarding compliance with this condition. This
project shall be subject to any future City-wide alcohol awareness training
program condition affecting similar establishments.
46. 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 o n the
menu a free non-alcoholic drink for every party of two or more ordering alcoholic
beverages.
47. In the event permittee violates or fails to comply with any conditions of approval
of this permit, no further permits, licenses, approvals or certificat es of occupancy
shall be issued until such violation has been fully remedied.
48. Applicant is advised that projects in the California Coastal Zone may need
approval of the California Coastal Commission prior to issuance of any building
permits by the City of Santa Monica. Applicant is responsible for obtaining any
such permits.
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CUP 13-017 & VAR 13-012
Statement of Official Action
Conformance with Approved Plans
49. This approval is for those plans dated September 17, 2014, a copy of which shall
be maintained in the files of the City Planning Division. Proje ct development and
restaurant seating areas shall be in accordance with the approved plans, except
as otherwise specified in these conditions of approval.
50. Minor amendments to the plans shall be subject to approva l by the Director of
Planning. An increase of more than 10% of the square footage, an 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.
51. Project plans shall be subject to complete Code Compliance review when the
building plans are submitted for plan check and shall comply with all applicable
provisions of Article IX of the Municipal Code and all other pertinent ordinances
and General Plan policies of the City of Santa Monica prior to building permit
issuance.
Fees
52. As required by California Government Code Section 66020, the project applicant
is hereby notified that the 90-day period has begun as of the date of the approval
of this application, in which the applicant may protest any fees, dedications,
reservations, or other exactions imposed by the City as part of the approval or as
a condition of approval of this development. The fees, dedications, reservations,
or other exactions are described in the approved plans, conditions of approval,
and/or adopted city fee schedule.
Standard Conditions
53. Mechanical equipment shall not be located on the side of any building which is
adjacent to a residential building on the adjoining lot, unless otherwise permitted
by applicable regulations. Roof locations may be used when the mechanical
equipment is installed within a sound-rated parapet enclosure.
54. 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 revie w to ensure that noise levels
do not exceed maximum allowable levels for the applicable noise zone.
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CUP 13-017 & VAR 13-012
Statement of Official Action
Environmental Mitigation
55. To mitigate solid waste impacts, prior to issuance of a Certificate of Occupancy,
project owner shall submit a recycling plan to the Department of 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; and
6) Plan to inform tenants/ occupants of service.
56. Ultra-low flow plumbing fixtures are required on all new development and
remodeling where plumbing is to be added, including dual flush toilets, 1.0 gallon
urinals and low flow shower heads.
Police
57. 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.
58. Prior to the commencement of alcohol service, the applicant shall participate in
the Santa Monica Alcohol Awareness for Retailers Training (S.M.A.A.R.T)
program conducted by the Santa Monica Police Department
Miscellaneous Conditions
59. 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
Department of Environmental and Public Works.
60. The building address shall be painted on the roof of the building and shall
measure four feet by eight feet (32 square feet).
61. Pursuant to Municipal Code Section 9.04.10.02.420, two signs shall be posted as
follows: one (1) sign indicating that the basement-level restaurant space is limited
to 81 total seats, and one (1) sign indicating that the lobby and veranda is limited
to a combined total of 63 seats. Both signs shall be a minimum of twelve inches
by eighteen inches, and shall be posted by the restaurant entrance, or other such
location as required by the Zoning Administrator.
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CUP 13-017 & VAR 13-012
Statement of Official Action
Compliance
62. 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.
VOTE: CUP 13-017 & VAR 13-012
Ayes: Anderson, Himmelrich, Kennedy, McKinnon, Newbold, Parry, Ries
Nays:
Abstain:
Absent:
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 Planning Commission of the City of Santa Monica.
_____________________________ _____________________________
Jason Parry, Chairperson 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
Applicant’s Signature
1
City of Santa Monica
City Planning Division
PLANNING COMMISSION
STATEMENT OF OFFICIAL ACTION
PROJECT INFORAMTION
CASE NUMBERS: Conditional Use Permit 08-014; Variance 08-020
LOCATION: 1415 Ocean Avenue
APPLICANT: Juan Viramontes, General Manager (Georgian Hotel)
PROPERTY OWNER: 4DS, LP
CASE PLANNER: Steve Mizokami, Associate Planner
REQUEST: To amend existing Conditional Use Permit 00CUP-029 by
extending the hours of alcohol service, increase the
number of restaurant seats permitted in the lobby and
veranda areas, and allow restaurant service (including
alcohol service) to the general public. A Parking
Variance to waive required parking associated with
allowing restaurant service to the general public is also
proposed.
CEQA STATUS: The project is categorically exempt from the provisions of
the California Environmental Quality Act (CEQA),
pursuant to Section 15061(b)(3) of the State
Implementation Guidelines in that it can been seen with
certainty that the proposed project, although subject to
discretionary review by the Planning Commission, does
not have the potential for causing a significant effect on
the environment.
PLANNING COMMISSION ACTION
February 18, 2009 Determination Date
Approved based on the following findings and subject to the
conditions below.
2
Denied.
Other:
EFFECTIVE DATES OF ACTIONS IF
NOT APPEALED:
March 5, 2009
EXPIRATION DATE OF ANY PERMITS
GRANTED:
September 5, 2010
LENGTH OF ANY POSSIBLE
EXTENSION OF EXPIRATION DATES*:
6 months
* Any request for an extension of the expiration date must be received in the City
Planning Division prior to expiration of this permit.
Each and all of the findings and determinations are based on the competent and
substantial evidence, both oral and writte n, 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
9.04.08.12.040 (c) provides that eating and drinking establishments permitting
alcoholic beverages may be permitted in the Residential-Visitor Commercial
district, and requests for substantial changes in the mode or character of existing
licenses requires Conditional Use Permit approval consistent with Santa Monica
Municipal Code section 9.04.10.18.020. More specifically, pursuant to
Conditional Use Permit 00CUP-029, Condition No. 23, changes to the approved
concept shall be subject to Planning Commission approval.
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 Residential -Visitor Commercial
district permits eating and drinking establishments with alcohol. Allowing
restaurant service to the general public is consistent with and complementary to
other uses in the area. In addition, the size of the customer dining area available
to the public is limited to a total of 744 square feet, including the veranda.
Additional conditions of approval have been added to mitigate potential impacts
associated with alcohol consumption to ensure that the integrity and character of
the neighborhood is maintained.
3. The subject parcel is physically suitable for the type of land use being proposed,
3
in that the parcel is a standard lot developed with an eight -story hotel that
includes an existing restaurant that can accommodate the proposed
amendments to the restaurant operations, which will affect the lobby and veranda
areas on the first floor of the building.
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 existing
restaurant is a service provided by the Georgian Hotel that currently provides
food and alcohol service to hotel patrons. The proposal to provide restaurant
service to the general public is consistent with other uses in the immediate area.
Conditions Nos. 1 through 27 will ensure that the use operates in a harmonious
manner with nearby land uses.
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 subject property is located within the RVC district which
encourages visitor serving uses such as hotels and restaurants. Alcohol service
is ancillary to the primary hotel establishment and as conditioned, the restaurant
will operate 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 located in an urbanized area adequately
served by existing infrastructure.
7. Public access to the proposed use will be adequate, in that the vehicular access
is provided from the 1st Court alley and pedestrian access is provided via Ocean
Avenue.
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
modifications will allow an additional restaurant option to the general public within
the area, promoting day and night pedestrian activity along Ocean Avenue.
9. The proposed use is consistent with the goals, objectives, and policies of the
General Plan, in that Land Use Element Policy 1.5.4 which encourages day and
night pedestrian activity along Ocean Avenue through the establishment of uses
oriented to walk-in traffic, such as a restaurant. Conditions of approval will
mitigate potential adverse impacts on the surrounding neighborhood, including
limiting the hours of operation, consistent with Policy 1.2.4, which seeks to
mitigate impacts that could be associated with alcohol outlets.
10. The proposed use would not be detrimental to the public interest, health, safety,
convenience, or general welfare, in that the proposed u se is consistent with the
Zoning Ordinance and the Land Use Element of the General Plan, and alcohol
4
specific conditions have been added to mitigate any potential adverse impacts.
11. The proposed use conforms precisely to the applicable performance stand ards
contained in Subchapter 9.04.12 of the City of Santa Monica Comprehensive
Land Use and Zoning Ordinance, 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 amendments will not increase the
number of alcohol serving establishments in the District. Furthermore, the Police
Department has not indicated any alcohol-related issues or concerns in the
proposed area.
ALCOHOL OUTLET FINDINGS
1. The proposed use will not adversely affect the welfare of neighborhood residents
in a significant manner in that the Residential-Visitor Commercial district
conditionally permits eating and drinking establishments that serve alcoholic
beverages. Conditions of approval have been added to mitigate potential
impacts associated with on-site consumption.
2. The proposed amendments will not contribute to an undue concentration of
alcohol outlets in the area in that the restaurant currently has an existing alcohol
license that permits alcohol sales to hotel patrons, and therefore will not increase
the number of alcohol serving establishments in the District. Public access to the
restaurant will provide additional dining opportunities along Ocean Avenue that is
not highly concentrated with restaurants with alcohol licenses. Furthermore, the
Police Department has not indicated any alcohol-related issues or concerns for
the proposed use.
3. The proposed use will not detrimentally affect nearby neighborhoods co nsidering
the distance of the alcohol outlet to residential buildings, churches, schools,
hospitals, playgrounds, parks, in that there are no nearby churches, schools,
hospitals or playgrounds and the conditions for approval, such as the hours of
operation and compliance with the provisions of the Noise Ordinance, will
minimize the potential affect on residential uses in the vicinity. Palisades Park is
the only park located within a 500-foot radius of the subject site. The Community
and Cultural Services Department has reviewed the project and has indicated no
comments or objections to the proposal.
4. The proposed use is compatible with existing and potential uses within the
general area in that the Zoning Ordinance conditionally permits hotels and eating
and drinking establishments permitting alcoholic beverages. Conditions Nos. 1
through 27 will ensure that the use operates in a harmonious manner with the
adjacent land uses and will not create any alcohol-related problems in the area.
5
5. Traffic and parking congestion will not result from the proposed use in that it is
anticipated that the existing parking area can accommodate the low parking
demand generated by the restaurant. A low parking demand is anticipated
based on the limited amount of dining area available to the public and the
likelihood that public restaurant patrons will walk, utilize transit, and nearby public
parking within the Bayside District to the establishment. In addition, the
proposed transportation demand management measure will help reduce the on-
site parking demand and the amount of vehicular trips within the area. Finally,
Condition No. 28 requires that the existing valet attendant parking service be
available to restaurant patrons. This will allow a maximum use of the on-site
parking area.
6. The public health, safety, and general welfare are protected in that the project is
consistent with the provisions of the Zoning Ordinance, and the Land Use
Element of the General Plan, which encourage pedestrian oriented uses within
the Oceanfront District and conditions of approval have been incorporated to
minimize adverse impacts on nearby land uses.
7. No harm to adjacent properties will result in that the conditions of approval will
ensure that the establishment operates in a m anner which protects adjacent
neighbors.
8. The proposed use is consistent with the goals, objectives, and policies of the
General Plan, in that the proposed use is consistent with Objective 1.5 of the
Land Use Element of the General Plan, which seeks to expand visitor
accommodations while protecting the residential mix, and Land Use Element
Policy 1.5.4 which encourages day and night pedestrian activity along Ocean
Avenue through the establishment of uses oriented to walk -in traffic, such as a
restaurant. Through the incorporation of the conditions of approval, the project is
also consistent with Policy 1.2.4, which seeks to mitigate impacts that could be
associated with alcohol outlets.
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. Specifically, the
site is improved with an existing eight-story hotel with limited surface parking
toward the rear of the property. Based on the restaurant dining area open to the
public, 10 addition parking spaces are required by code. The existing on-site
improvements do not allow all Code required parking to be provided on -site,
however, based upon the limited amount of dining area available for public use, it
is anticipated that the existing on-site parking can accommodate any additional
parking demand generated by the restaurant. As conditioned, valet parking
6
service is required in order to maximize use and operation of the on-site parking.
2. The granting of such variance will not be detrimental nor injurious to the pro perty
or improvements in the general vicinity and district in which the property is
located in that it is anticipated that the existing parking area to the rear of the
property can accommodate the low parking demand generated by the restaurant.
A low parking demand is anticipated based on the limited amount of dining area
available to the public and the likelihood that public restaurant patrons will walk,
utilize transit, and nearby public parking within the Bayside District to the
establishment. In addition, Condition No. 29 requires transportation demand
management measures to help reduce the on-site parking demand and the
amount of vehicular trips within the area. Also, Condition No. 28 will require valet
attendant parking service to be available for hotel and restaurant patrons to
ensure the maximum use of the on-site parking.
3. The strict application of the provisions of this Chapter would result in practical
difficulties or unnecessary hardships, not including economic difficultie s or
economic hardships in that opportunities to provide flexibility to the existing
restaurant’s dining operation to allow service to the general public is limited due
to the inability to provide the additional parking spaces required by Code on -site
due to existing improvements located on the subject property.
4. The granting of a variance will not be contrary to or in conflict with the general
purposes and intent of this Chapter, nor to the goals, objectives, and policies of
the General Plan. Objective 4.7 of the Citywide Objectives and Policies of the
Circulation Element of the General Plan states that all new development should
accommodate project-generated parking consistent with encouraging alterative
transportation management programs. The hotel will provide transit service
information to guests prior to hotel arrival to encourage alternate modes of
transportation other than private vehicle to the site. Consistent with the policy,
implementation of this transportation demand management measure will help
reduce the on-site parking demand and the amount of vehicular trips within the
area. Policy 4.7.3 states that the most efficient use of parking facilities should be
encouraged. Condition No. 28 will require valet attendant parking service to be
available for hotel and restaurant patrons to ensure the maximum use of the on -
site parking.
5. The variance would not impair the integrity and character of the district in wh ich it
is to be located in that the existing on-site parking, with the use of valet parking
service, can accommodate any additional demand generated by the restaurant.
It is also anticipated that restaurant patrons will walk or take transit to the
establishment, therefore further reducing parking demand.
6. The subject site is physically suitable for the proposed variance in that the site is
improved with an existing eight-story hotel with a surface parking area that can
accommodate the proposed parking demand. Additionally, the site is served by
7
Ocean Avenue and 1st Street Court.
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 vehicular access to the site is provided from 1st Street Court, and
pedestrian access to the site is provided from Ocean Avenue. In addition, valet
parking service is provided for patrons along Ocean Avenue. Additionally, the
project is located adjacent to the City’s Transit Mall as well as in the center of the
City’s largest area of pedestrian activity.
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. Specificall y, Condition No.
28 requires that the existing on-site valet parking shall continue to provide
parking services for hotel and restaurant patrons. This condition will allow a
maximum use of the parking spaces toward the rear of the property. Further, the
project is located adjacent to the City’s Transit Mall, ensuring easy bus access to
and from the site. To reduce parking demand and trips within the area, Condition
No. 29 requires the hotel to provide transit service information to guests prior to
hotel arrival to encourage alternate modes of transportation other than private
vehicle to the site. Information about local services, restaurants, commercial
areas, and bicycle facilities (routes and rental locations) within walking distances
of the hotel, shall also be included to inform patrons of transit opportunities while
in the area.
10. The strict application of the provisions of this Chapter would result in
unreasonable deprivation of the use or enjoyment of the property in that due to
the existing improvements, practical use or enjoyment of the subject parcel would
not be possible due to the inability to provide the additional parking spaces
required by code on-site to allow public access to the existing restaurant that is a
compatible use within the district.
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CONDITIONS OF APPROVAL:
PLANNING AND COMMUNITY DEVELOPMENT
Project Specific Conditions
1. This approval is for a Type 47 (On-Sale Beer, Wine, & Distilled Spirits within a
Bona-Fide Eating Place) alcohol license, and a Type 66 alcohol license to allow
the continued use of liquor cabinets accessible through key access in the guest
rooms (permitted by 94CUP-001). Any request to modify these license types
shall require approval from the Planning Commission.
2. The permitted alcohol service for the restaurant, lobby, and veranda areas shall
be from 7:00 AM to 12:00 AM, Sunday through Wednesday, and 7:00 AM to 2:00
AM, Thursday through Saturday. Complete closure of the restaurant and all
employees exiting of the restaurant must occur within one hour after closing
hours.
3. No exterior activity such as trash disposal, deliveries or other maintenance
activity generating noise audible from the exterior of the building shall occur from
one hour after closing to 7:00 AM. In addition, there shall be no disposal of
bottles or noise generating trash between 11:00 PM to 7:00 AM daily. Trash
containers shall be secured with locks. All deliveries shall take place at the rear
of the building accessed from First Court (alley).
4. Food and alcohol service may be provided to the general public in the lobby and
veranda dining areas only. Both the lobby and veranda dining areas combined
shall not exceed 744 square feet. Both dining areas combined are limited to a
combined total of 50 seats. No food or alcohol service shall be provided to the
general public within the restaurant area located in the basement of the hotel.
Food and alcohol service may be offered to hotel patrons in the basement
restaurant, lobby, and veranda dining areas.
5. Seating arrangements for sit-down patrons within the restaurant area located in
the basement shall not exceed 90 restaurant table seats and 11 bar seats (101
total seats). There shall be no separate bar area and the menu items available
at the bar shall be the same as the menu items available in the restaurant dining
area.
6. In the guest rooms, alcohol shall be stored only within the approved liquor
cabinets, which shall be accessible through key access only to registered guests
21 years of age or older. With the exception of th e stocked liquor cabinets, room
service of alcoholic beverages shall not be provided by the establishment.
Restocking of the liquor cabinets shall be performed in the course of scheduled
room service activities, and shall not be performed between the hour s of 2:00 AM
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and 6:00 AM. No more than one portable alcohol service cart shall be provided
on the premises.
7. The conditions of this approval (08CUP-014) shall supersede the approvals
granted by Conditional Use Permit 00-029 and 94-001, and incorporates all of
the relevant conditions of the prior approval.
Alcohol Outlet Conditions
8. 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.
9. The outdoor seating located on the veranda is for sit -down food and beverage
service only; no stand up service is permitted.
10. The primary use of the restaurant component of the hotel shall be for sit -down
meal service to patrons. Alcohol shall not be served to persons except those
intending to purchase meals.
11. No alcohol service shall be permitted on the veranda unless food is available.
Food must be provided or purchased in order for individuals to be served alcohol.
12. The establishment shall maintain a kitchen or food -serving area in which a
variety of food is prepared and cooked on the premises.
13. Take out service shall be only incidental to the primary sit -down use.
14. Any minimum purchase requirement may be satisfied by the purchase of
beverages or food.
15. No alcoholic beverage shall be sold for consumption beyond the premises.
16. The primary entrance to the restaurant shall be from the interior of the hotel, from
the central corridor that is accessed from a stairway and two elevators at the
lobby level. Since the public use of the restaurant area located in the basement
is not permitted, the entrance from the exterior of the hotel into the restaurant
through the southern doorway shall be prohibited, and the southern doorway
shall be used as an exit only.
17. 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.
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18. Within sixty days of the effective date of this approval, a security plan shall be
submitted to the Chief of Police for review and approval. The plan shall ad dress
both physical and operational security issues.
19. Within sixty days of the effective date of this approval, the operator shall submit a
plan for approval by the Director of Planning and Community Development
regarding employee alcohol awareness training programs and policies. The plan
shall outline a mandatory alcohol awareness training program for all employees
having contact with the public and shall state management’s policies addressing
alcohol consumption and inebriation. The program shall require all employees
having contact with the public to complete a California Department of Alcoholic
Beverage Control (ABC) sponsored alcohol awareness training program within
90 days of the effective date of this approval. In the case of new employees, the
employee shall attend the alcohol awareness training within 90 days of hiring. In
the event the ABC no longer sponsors an alcohol awareness training program, all
employees having contact with the public shall complete an alternative program
approved by the Director of Planning and Community Development. The
operator shall provide the City with an annual report regarding compliance with
this condition. This project shall be subject to any future City-wide alcohol
awareness training program condition affecting similar establishments.
20. Within sixty days of the effective date of this approval, the operator shall submit a
plan describing the establishment’s “designated driver” program, which shall be
offered by the operator to the establishment’s patrons. The pl an 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.
21. The owner shall prohibit loitering in the parking area and outside the restaurant
frontage, and shall control noisy guests and visitors leaving the hotel.
22. Except for special events, alcohol shall not be served in any disposable container
such as disposable plastic or paper cups.
23. No dancing or live entertainment beyond that allowed in the restaurant definition
contained in the Zoning Ordinance shall be permitted on the premises.
24. No video or other amusement games shall be permitted on the premises.
25. Window or other signage visible from the public right-of-way that advertises beer
or alcohol shall not be permitted.
26. Applicant is on notice that all temporary signage is subject to the restrictions of
the City sign ordinance.
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27. The use shall at all times comply with the provisions of the Noise Ordinance
(SMMC Chapter 4.12).
Parking Variance Condition
28. The existing on-site valet parking shall provide parking services for restaurant
customers, unless the valet service is approved by the Planning and Community
Development Director to be provided in combination with other establishments.
29. The hotel shall provide transit service information to guests prior to hotel arrival
to encourage alternate modes of transportation other than private vehicle to the
site. Information about local services, restaurants, commercial areas, and bicycle
facilities (routes and rental locations) within walking distances of the hotel, shall
also be included to inform patrons of transit opportunities while visiting the area.
The applicant shall provide a transit service information plan to staff prior to
exercising the rights of this Conditional Use Permit, a copy of which shall be
maintained in the files of the City Planning Division
Administrative
30. 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 relevan t
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.
31. Within ten days of City Planning Division transmittal of the Statement of Official
Action, project applicant shall sign and return a copy of the Statement of Official
Action prepared by the Planning Division, agreeing to the conditions of approval
and acknowledging that failure to comply with such conditions sha ll 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.
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32. 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.
33. Prior to issuance of a 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.
34. 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.
35. Prior to operation, City Planning staff shall verify that the number of seats and
layout of the restaurant is consistent with the number of seats and layout as
shown in the plans approved under this Conditional Use Permit.
36. 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.
37. Applicant is advised that projects in the California Coastal Zone may need
approval of the California Coastal Commission prior to issuance of any building
permits by the City of Santa Monica. Applicant is respo nsible for obtaining any
such permits.
Conformance with Approved Plans
38. This approval is for those plans dated October 20, 2008, 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.
39. 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.
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40. The Plans shall comply with all other provisions of Article IX of the Municipal
Code, (Zoning Ordinance) and all other pertinent ordinances and General Plan
policies of the City of Santa Monica.
Standard Conditions
41. Final approval of any mechanical equipment installation will require a noise test
in compliance with SMMC Section 4.12.040. E quipment 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.
Miscellaneous Conditions
42. Street and/or alley lighting shall be provided on public rights of way adjacent to
the project if and as needed per the specifications an d with the approval of the
Department of Environmental and Public Works.
43. Parking area illumination shall be provided and maintained.
44. The building address shall be painted on the roof of the building and shall
measure four feet by eight feet (32 square feet).
45. Pursuant to Municipal Code Section 9.04.10.02.420, two signs shall be posted as
follows: one (1) sign indicating that the semi-subterranean restaurant is limited to
101 total seats, and one (1) sign indicating that the lobby and veranda is limited
to a combined total of 50 seats. Both signs shall be a minimum of twelve inches
by eighteen inches, and shall be posted by the restaurant entrance, or other such
location as required by the Zoning Administrator.
VOTE
Ayes:
Nays:
Abstain:
Absent:
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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 P rocedure 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 Planning Commission of the City of Santa Monica.
_____________________________ _____________________________
Terry O’Day, Chairperson 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
Applicant’s Signature