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SR-09-25-2015-6A City Council Report City Council Special Meeting: September 29, 2015 Agenda Item: 6.A 1 of 19 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. 2 of 19 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 3 of 19 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 4 of 19 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. 5 of 19 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. 6 of 19 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 7 of 19 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. 8 of 19 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 9 of 19 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. 10 of 19 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 11 of 19 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 12 of 19 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 13 of 19 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. 14 of 19 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 15 of 19 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 16 of 19 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 17 of 19 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. 18 of 19 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. 19 of 19 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 3 CUP 13-017 & VAR 13-012 Statement of Official Action 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 4 CUP 13-017 & VAR 13-012 Statement of Official Action 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. 5 CUP 13-017 & VAR 13-012 Statement of Official Action 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. 6 CUP 13-017 & VAR 13-012 Statement of Official Action 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, 7 CUP 13-017 & VAR 13-012 Statement of Official Action 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, 8 CUP 13-017 & VAR 13-012 Statement of Official Action 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. 9 CUP 13-017 & VAR 13-012 Statement of Official Action 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 10 CUP 13-017 & VAR 13-012 Statement of Official Action 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. 11 CUP 13-017 & VAR 13-012 Statement of Official Action 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. 12 CUP 13-017 & VAR 13-012 Statement of Official Action 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 13 CUP 13-017 & VAR 13-012 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 14 CUP 13-017 & VAR 13-012 Statement of Official Action 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. 15 CUP 13-017 & VAR 13-012 Statement of Official Action 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. 16 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. 17 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 18 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. 19 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. 20 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. 21 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. 22 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. 8 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 9 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. 10 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. 11 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. 12 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. 13 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: 14 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