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SR 04-18-2017 6A Ci ty Council Report City Council Meeting : April 18, 2017 Agenda Item: 6.A 1 of 17 To: Mayor and City Council From: David Martin, Director , City Planning Subject: Appeal (17ENT -0016) of the Planning Commission's Approval of a Conditional Use Permit (16ENT -0128) to Allow a Type 47 alcohol license in conjunction with a new full -service, 3,306 square foot 102 seat restaurant (Avery) comprised of 92 indoor dining seats (12 bar seats) and 10 outdoor seats located within a ground floor space of the Shore Hotel located at 1530 2nd Street. Recommended Action Staff recommends that the City Cou ncil deny the appeal and uphold the decision of the Planning Commission to approve a Conditional Use Permit to allow a Type 47 alcohol use in conjunction with a full service restaurant on a property located at 1530 2 nd Street , based on the findings and sub ject to the conditions of approval attached to the report. Executive Summary On August 16, 2016 the applicant, Full of Flavor LLC, filed a Conditional Use Permit application to establish a full service restaurant with alcohol service on the property at 1 530 2 nd Street . On February 1, 2017, the Planning Commission approved a Conditional Use Permit (16ENT -0128) to allow a Type -47 alcohol license in conjunction with the full service restaurant , subject to conditions of approval in the Statement of Official Action . The appellant, UNITE HERE Local 11, filed a timely appeal on February 14, 2017 (17ENT -0016) of the Planning Commission’s approval of Conditional Use Permit 16ENT -0128. The appellant requests that City Council overturn the Planning Commission’s app roval of the Conditional Use Permit (CUP), stating that the findings cannot be made or justified, the conditions of approval are not adequate and that the use is inconsistent with the CUP conditions of approval placed upon the Shore Hotel (property owner) as a limited amenity hotel. Lastly, the appellant noted that since the Shore Hotel is currently in litigation with the Coastal Commission regarding their Coastal Development Permit, it is not appropriate to approve a restaurant use with alcohol service bec ause it benefits the property owner. Pursuant to the City’s Downtown Interim Ordinance (IZO) No. 2522 (CCS), which established interim procedures and regulations for Downtown pending completion of the Downtown Community Plan, this project is being reviewe d for compliance with the 1988 2 of 17 zoning ordinance. The site is located in the C3 zoning district. This report summarizes the Planning Commission’s action, the points of each appeal provided by the appellant, the applicant rebuttal and staff’s analysis. Thi s report concludes with a recommendation from staff to uphold the Planning Commission’s approval of the Conditional Use Permit based upon the findings and subject to the conditions adopted by the Planning Commission on February 1, 2017. Background The fo llowing is a summary of prior permits that have been issued for the subject property: DR 05 -007, CUP 05 -009, GPA 06 -001 and VAR 06 -018 (approved March 19, 2008) Development Review Permit, Conditional Use Permit, General Plan Amendment and Variance was app roved by the Planning Commission for the new Shore Hotel. APP08 -006; APP08 -007 (approved September 23, 2008) The Planning Commission’s approval of the Development Review Permit, Conditional Use Permit, and Variance for the Shore Hotel was appealed. O n September 23, 2008, the City Council denied the appeal and approved the DR, CUP, and Variance for the Shore Hotel with modified conditions. Conditions of approval for the project limited proposed amenities to a 370 square foot exercise room, a 750 square foot meeting room/breakfast room, swimming pool and spa pools and prohibited a restaurant, bar, conferencing facilities, spa, florist, lounge or similar amenities typically found in more upscale or luxury hotels. T he separate commercial spaces along Ocean Avenue and 2 nd Street are exempt and not subject to these restrictions. 11CUP003; 11CUP004; 11CUP005 (approved August 10, 2011) The owner of the Shore Hotel requested and received three separate Conditional Use Permits for alcohol service within the pr oject site. 11CUP003 was approved in anticipation of a proposed restaurant at 1530 2 nd Street Space B (the subject space); 11CUP004 was approved for alcohol sales within the hotel’s guest rooms (mini -bars) and on -site hotel bar; and 11CUP005 was approved f or the restaurant on Ocean Avenue currently operated by Blue Plate Taco (Space A) with specific operational conditions, which were complementary to the hotel’s conditions to be a limited -amenity 3 of 17 hotel. Specific operational conditions associated with the S pace A and B alcohol conditional use permits were included to more clearly define the separation of the Hotel from the two independently owned on -site restaurants . These conditions o f approval included the following :  No restaurant delivery to the hotel g uestrooms shall occur unless delivery is offered as part of the restaurant’s typical operations.  No food orders to the restaurant shall be processed through the hotel.  No restaurant charges shall be included on the hotel bill.  The operation of the restaura nt must be separate and distinct from the operation of the hotel. Further, t he Planning Commission approval of 11CUP003 (the subject space) authorized seating arrangements for 74 sit -down patrons plus two (2) waiting area seats and hours of alcohol servic e :  Sunday through Wednesday - 10:00 AM to 1:00 AM (interior dining area) and 10:00 AM to 12:00 Midnight (outdoor dining area);  Thursday through Saturday - 10:00 AM to 2:00 AM (interior dining area) and 10:00 AM to 1:00 AM (outdoor dining area). However, C onditional Use Permit 11CUP003 expired because operations did not commence. 14PSP008 (approved February 2, 2015) A Performance Standards Permit granting a small, satellite automobile rental agency was approved within the Shore Hotel. The use continues to operate at two small counters totaling 280 square feet within the hotel. Planning Commission Action The Planning Commission initially heard the application request on January 18, 2017 and voted to continue the item to February 1, 2017 to enable the applicant time to meet with Downtown Santa Monica, Inc. and the Downtown Neighborhood Association. On 4 of 17 February 1, 2017, the Planning Commission voted 4 -2 (one absent) to approve Conditional Use Permit 16ENT -0128. The approval included conditions and modif ications to the applicant’s request and staff’s recommended conditions. In the Commission’s deliberations, t here was a significant amount of discussion regarding the restaurant’s independent ownership and use from the Hotel, the need for a vibrant pedestri an oriented use within the unfinished space, and discussion of potential impacts related to the Shore Hotel’s conditions of approval as a limited amenity hotel. In addition to conditions that ensured the separation of the restaurant from the hotel, typical operational conditions, and limitations on hours of alcohol service, the Commission added that if the restaurant were to go out of business, the Conditional Use Permit (CUP) would only transfer to a new restaurant if the successor operator demonstrated th at it is legally separate and distinct from the hotel operator and that the operation will be separate and distinct from the hotel. The Commission also required that there be a report summarizing the restaurant’s compliance with conditions of approval aft er one year and again after seven years of operation if residential development occurred within 500 feet of the site. Project Analysis Proposed Project Operation / Hours of Alcohol Service The applicant, Full of Flavor LLC., is requesting a CUP to allow alcohol service in conjunction with a Type -47 (On -Sale General, Bona Fide Eating Place) alcohol license at a proposed full -service restaurant , the Avery . This independently owned and operated restaurant would occupy the vacant the 2nd Street fronting gro und floor space (Space B) of approximately 3,306 square feet . An additional outdoor dining area of 306 square feet is also requested. The proposed dining area totals 102 seats including 92 indoor seats, a private dining area, 12 bar seats (counted with in door seats), and 10 outdoor seats, as depicted in the floor plan shown in Figure 1. 5 of 17 Figure 1: Proposed Floor Plan The outdoor dining area extends approximately 6’ from the building façade within the subject site, adjacent to a 10’ public sidewalk alon g 2nd Street. Area Square Footage Seats Dining Area/ Private Dining 1,958 sf 80 seats Kitchen/Service Area 887sf N/A Bar Area 155 sf 12 Outdoor Patio 306 sf as conditioned 10 seats Total 3,306 sf 102 seats 6 of 17 The restaurant would function as a full -s ervice restaurant for sit -down breakfast, lunch and dinner meal service and provide patrons the opportunity to purchase and consume alcoholic beverages Sun day through Saturday - 7 A .M . to 2 A.M . The applicant’s rational e for the extended hours request is t heir wish to have consistent hours of alcohol and food service. Vehicular Parking & Circulation Vehicular and pedestrian access to the restaurant is via 2 nd Street. However, p arking at the Shore Hotel is accessed from Ocean Avenue, a block west of the site, for which there is valet parking 24 hours/7 days a week. The Shore Hotel currently provides 210 standard and compact parking spaces and 70 additional non -required tandem spaces on -site within 4 subterranean parking levels. All of the parking on -site is valet -operated 24 -hours daily. With the addition of the proposed restaurant, the required parking for all uses on the site is 223 spaces, resulting in a short fall of 13 spaces. However, with the valet operation in place, the tandem spaces may be utili ze d to support the restaurant’s off -street parking requirement. As provided in Condition #10 of the proposed Statement of Official Action, valet parking shall be provided to restaurant patrons during all hours of restaurant operations. Hotel Entitlement s and Limited Amenity Condition s of Approval The City Council’s approval of the Shore Hotel development requires the hotel to operate as a limited amenity facility per Condition #10 of DR 05 -007, CUP 05 -009 and VAR 06 -018. As specified in the project con ditions of approval, the hotel operator may provide an exercise room, breakfast/meeting room, swimming and spa pools. Additionally, a hotel restaurant/bar, conference facilities, spa, florist, lounge or similar amenities typically found in more luxury hot els may be determined by the Director of Planning to constitute hotel amenit ies resulting in a change in character that would be subject to Planning Commission approval. However, this condition does not apply to the two restaurant spaces (Spaces A and B) that were planned with the hotel’s property 7 of 17 fronting on 2nd Street and Ocean Avenue if these venues are operated as separate and distinct entities from the hotel and the hotel operations. Space A is currently occupied by Blue Plate Taco and has an approv ed alcohol CUP with conditions that it be operated separate and distinct from hotel operations. As stated in Condition #3 of the proposed Statement of Official Action, t he hours of operation for the full -service restaurant in Space B would be 7:00 a.m. – 2:00 a.m. seven days a week with complete closure by 3 a.m. As detailed in the Planning Commission staff report, a number of restaurants have recently been approved with similar hours D owntown and therefore, the hours are appropriate due to lack of nearby residents living within the area. Conditions # 1 -10 in the proposed Statement of Official Action are intended to reduce the potential adverse impacts on the surrounding area and ensure that the restaurant operate s independently of the hotel and include t he following:  102 seats (92 indoor 12 of which may be located along a bar counter) and 10 outdoor seats.  Alcoholic beverages orders shall cease 30 minutes prior to restaurant closure, or no later than the closing of the associated food service of the estab lishment, whichever is first.  No restaurant delivery to the hotel guestrooms shall occur unless delivery is offered as part of the restaurant’s typical operations.  No service orders to the restaurant shall be processed through the hotel.  No restaurant ch arges shall be included on the hotel bill.  The operation of the restaurant shall be separate and distinct from the operation of the Shore Hotel. The approval of Conditional Use Permit 16ENT -0218 (“CUP”) is applicable solely to Full of Flavor, LLC, and is n ot applicable to the owners of the Shore Hotel or any of their successors in interest. Therefore, the CUP shall terminate automatically upon the termination of the operation of the restaurant by Full of Flavor, LLC, unless a proposed successor operator a nd/or tenant is approved in writing by the Planning Director prior to the commencement of any 8 of 17 new operation or tenancy at 1530 2 nd Street that requires a Type 47 alcohol license. In furtherance of achieving the objectives of this condition, the Planning D irector may withhold approval until such time as the successor operator and/or tenant provides documentation to substantiate (i) that it is legally separate and distinct from the owners of the Shore Hotel and (ii) that its operation at 1530 2 nd Street will be separate and distinct from the Shore Hotel.  Pursuant to SMMC Section 9.41.080(B), after the proposed restaurant has been operational for one (1) year, and then again after seven (7) years of operation if there has been residential development within 5 00 feet of the site, the applicant shall provide to the City a report summarizing the restaurant’s compliance with these conditions of approval. After submittal of the compliance report, if staff determines that there have violations of these conditions o f approval, staff shall submit the compliance report to the Planning Commission as an information item to enable the Planning Commission to determine whether a public hearing is necessary. Upon review of the compliant report at this public hearing, the Pl anning Commission may add or revise terms and conditions to the extent necessary to ensure effective conditions of approval.  Valet parking shall be provided to restaurant patrons during all hours of restaurant operations. Neighborhood Compatibility Santa Monica’s Downtown functions as the City’s greatest concentration of commerce, retail, dining, transit, and entertainment. The C3 District is within the downtown and is intended to maintain and enhance the downtown area. The neighborhood provides a variety of commercial, residential, cultural, and recreational opportunities and complementary uses that generate activity during both daytime and evening hours. The surrounding developments on 2nd Street include a variety of use s , in cl uding Santa Monica Place, a new ly renovated P arking S tructure #6 with expanded ground floor pedestrian uses, Hotel Carmel, retail, and dining. The proposed ground floor restaurant of the Shore Hotel fronts 2nd Street, and since the hotel’s opening, the space has remained a shell spa ce that has occasionally been used for seminars and events . The 9 of 17 proposed restaurant use will enliven 2nd Street by offering a full -service dining option with alcohol service. The impacts associated with this type of use are generally associated with no ise and circulation issues. The proposed valet condition will address the patron’s ability to park near the site and the outdoor dining area is minimal with only a small area outside the building on private property available for outdoor dining. It is no t anticipated that the alcohol service will be inconsistent with other alcohol service establishments within the downtown, or that the use would negatively impact residential uses that may be near the proposed restaurant. General Plan Consistency The pr oposed use is consistent with Goal and Policies established in the Land Use and Circulation Element (LUCE). The subject site is located within the Downtown Core Land Use District, which serves as the City’s center of transportation, commerce, and entertain ment. LUCE Goal D1 envisions the Downtown Core as a premier shopping, dining and entertainment destination for local and regional visitors. Policy D1.1 supports the creation of diverse local and regional serving retail and dining opportunities in the distr ict. The subject CUP, as conditioned, would allow a new dining establishment an opportunity to function in a manner that is consistent with other dining facilities and alcohol outlets in the Downtown. LUCE Goal D7 supports the district’s balanced mix of us es that reinforce the greatest concentration of activity in the City and Policy D7.1 encourages a broad mix of uses that create dynamic activity in both the daytime and evening hours. The full -service restaurant with incidental alcohol service will provide meal service to residents and visitors during day and evening hours. Appeal Summary On February 14, 2017, the appellant, UNITE HERE Local 11, filed an appeal of the Planning Commission’s approval of Conditional Use Permit 16ENT -0128 . The full text of the appeal is presented in Attachment C of this report. The appellant’s appeal statement is summarized below. 10 of 17 1. The restaurant could impact price and accessibility of the hotel to working people and is not consistent with a limited amenity hotel. 2. There a re unresolved accusations against the hotel owner regarding violation of existing Conditional Use Permits. 3. There is pending litigation between the Shore Hotel and the Coastal Commission which should be resolved prior to approving a CUP for Space B. 4. CUP F inding #3 cannot assert that “the proposed restaurant tenancy and alcohol service will operate as a standalone operation separate and distinct from the hotel”. 5. CUP Finding #4, that the proposed use is compatible with any of the land uses presently on th e subject parcel if the present land uses are to remain cannot be made because the pending Shore Hotel and Coastal Commission litigation puts doubt on the continued operation of the hotel. 6. CUP C onditions of Approval #2 -4, #5, #8 and #9 specifying exte nded hours of operation, additional seats, delivery service by the restaurant if such service is included in their operations, termination of successor operators under certain conditions and subsequent compliance hearings are moot due to the pending litiga tion and the inconsistency of the Shore Hotel to operate under the current hotel conditions of approval. Appeal Analysis Ordinance No. 2522 (CCS) requires that the provisions of the 1988 Zoning Ordinance, as amended, apply to the properties located in t he Downtown Community Plan area until such time as the Plan is adopted and becomes effective . The Council, in its de novo review of this appeal, must determine whether the proposed project meets the 11 of 17 following findings for a Conditional Use Permit pursuant to SMMC Section 9.04.20.12.040 : (a) 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". (b) The proposed use woul d not impair the integrity and character of the district in which it is to be established or located. (c) The subject parcel is physically suitable for the type of land use being proposed. (d) The proposed use is compatible with any of the land uses presently on t he subject parcel if the present land uses are to remain. (e) 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. (f) There are adequate provisions for wa ter, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety . (g) Public access to the proposed use shall be adequate . (h) The physical location or placement of the use on the site is compa tible with and relates harmoniously to the surrounding neighborhood. (i) The proposed use is consistent with the goals, objectives, and policies of the General Plan . (j) The proposed use would not be detrimental to the public interest, health, safety, convenience, or general welfare. (k) The proposed use conforms precisely to the applicable performance standards contained in Subchapter 9.04.12 , Section 9.04.12.010 and special conditions outlined in Subchapter 9.04.14 , Section 9.04.14.010. (l) The proposed use will not resu lt in an over concentration of such uses in the immediate vicinity, Council must also make the following a dditional Alcohol Outlet findings for the dispensing of alcoholic beverages pursuant to SMMC Section 9.04.10.18.030 : 12 of 17 (a) The proposed use will not adver sely affect the welfare of neighborhood residents in a significant manner. (b) The proposed use will not contribute to an undue concentration of alcohol outlets in the area. (c) The proposed use will not detrimentally affect nearby neighborhoods considering the di stance of the alcohol outlet to residential buildings, churches, schools, hospitals, playgrounds, park, and other existing alcohol outlets. (d) The proposed use is compatible with existing and potential uses within the general area. (e) Traffic and parking congest ion will not result. (f) The public health, safety, and general welfare are protected. (g) No harm to adjacent properties will result. (h) The objectives of the General Plan are secured. The Council may uphold the decision of the Planning Commission or grant the appe al, in whole or in part, based upon these findings. 1. The appellant’s first point is to assert that the restaurant could impact the price and accessibility of the hotel to working people as a limited amenity to the hotel. The restaurant is being operated b y a separate and distinct entity from the hotel and is not permitted to be a hotel amenity. Further, the CUP is only being request ed for alcohol service in conjunction with restaurant operations. Condition #8 requires the separation of hotel and restauran t operations and therefore , the proposed restaurant is no more an amenity of the hotel than any other nearby restaurant. 2. The appellant ’s second point states that the Shore Hotel has outstanding violations with respect to their existing Conditional Use Pe rmits. N otwithstanding that the Shore Hotel and the applicant’s request for an alcohol CUP in Space B are unrelated, t he Code Compliance Division has previously investigated the Shore Hotel’s possible violations of existing CUPs and determined that the hot el is in compliance. The applicant making the request for the proposed alcohol CUP 13 of 17 for Space B is not associated with the ownership of the Shore Hotel. Further the restaurant is being operated separate and distinct from hotel operations. 3. The appellant ’s third point states that pending litigation between the Shore Hotel and the Coastal Commission should be resolved prior to approving a CUP for Space B. City staff contacted Coastal Commission representatives staff regarding the pending litigation and was informed that the pending litigation should not impact the CUP for alcohol service by a third party applicant in Space B . Staff was also informed that the trail trial is currently scheduled for June, 2017. As previously mentioned, the applicant request ing the alcohol CUP for Space B is not an affiliate to the Shore Hotel ownership. The restaurant in Space B is being operated separately from the hotel and would be required to obtain separate approvals from the Coastal Commission prior to commencing oper ations. 4. The appellant ’s fourth point contends that CUP Finding #3 (parcel is physically suitable for the proposed use) cannot be met because the hotel and restaurant will not operate as separate entities. This particular finding addresses the physical sui tability of the parcel for the proposed use. The tenant space where the restaurant with alcohol service is proposed is on the ground floor of the hotel building with frontage on 2 nd Street. The tenant space has a pedestrian entrance on 2 nd Street and is suitable for accommodating the proposed restaurant use with alcohol service. The appellant’s contention that the hotel and restaurant will not operate as separate entities cannot be substantiated. The City has received no evidence that the restaurant will operate as anything but a separate tenant of the hotel. In addition, as noted above, conditions of approval have been included to ensure that the hotel and restaurant operate as separate entities. 5. The appellant ’s fifth point contends that CUP Finding #4 (compatibility with on - site uses) cannot be met because the hotel is in litigation with the Coastal Commission over its Coastal Development Permit and is unsure if the hotel will continue to operate. As noted in the response to the appellant’s third point of 14 of 17 appeal, City staff contacted Coastal Commission representatives regarding the subject application for a CUP for alcohol service in Space B and was informed that the pending litigation would not preclude the approval of a CUP for the proposed restaurant in Space B by a third party applicant . As previously mentioned, the applicant requesting the alcohol CUP for Space B is unrelated to the operation or ownership of the Shore Hotel. Furthermore , the issuance of the CUP would not alter the respective positi ons of the Coastal Commission or the Shore Hotel in the pending litigation. Even if the litigation were to result in a termination of hotel operations, such termination would remain a private matter as between the Shore Hotel (as landlord ) and the CUP app licant (as tenant). Furthermore, t he restaurant in Space B is being operated separately from the hotel and would be required to obtain separate approvals from the Coastal Commission prior to commencing operations. 6. The appellant ’s sixth point states that Conditions #2 and #3 allow for more seats and extended hours of alcohol service than the previously approved CUP for the subject space (Space B) and those hours for Blue Plate Taco (Space A). The request for a CUP for alcohol service in Space B is a new ap plication that does not rely on previous approvals. In recommending the hours of alcohol service, staff reviewed the approved alcohol service hours for other Downtown restaurants in addition to assessing proximity of residential land uses that could be im pacted by alcohol service at the restaurant. Based on the primarily commercial land uses in the immediate surroundings and recently approved alcohol service hours, the 7AM -2AM limitation was approved by the Planning Commission. 7. The appellant ’s seventh po int states that Condition #5 provides a loophole for room service by the hotel. This condition permits the restaurant to deliver food “to go” to the rooms as they may to any other off -site location and is not related to amenities offered by the hotel. 15 of 17 8. Th e appellant ’s eighth point states that Condition #8 does little to prevent the restaurant as a hotel amenity. This condition requires that the hotel and restaurant must operate separately by expressly stating that the CUP terminates with termination of the restaurant’s operations by the applicant or any approved successors. A ny successor operator of the restaurant must provide the Director of Planning evidence to substantiate (i) that it is legally separate and distinct from the owners of the Shore Hotel a nd (ii) that its operation at 1530 2 nd Street will be separate and distinct from the Shore Hotel. 9. The appellant ’s ninth point states that Condition #9, which requires a compliance report on the restaurant’s conformance with the CUP conditions, will not le ad to successful enforcement given the prior allegations of CUP violations by the hotel. Condition #9 only addresses the restaurant’s compliance with the alcohol CUP conditions of approval and does not involve the hotel operator at all. Compliance with the alcohol CUP conditions of approval is the responsibility of the restaurant operator. Applicant’s Statement The applicant has provided, as requested by the City Attorney, legal documentation to demonstrate their operation as a separate and distinct entity from the Shore Hotel ownership. Additionally, Full of Flavor LLC asserts the dispute between UNITE HERE Local 11 and the Shore Hotel is unfairly impacting their proposed business. They cite the following incidents to demonstrate their findings:  Member s of the public acknowledged the proposed restaurant operator is a third party entity during the public testimony.  The proposed CUP conditions are consistent with Blue Plate Taco (restaurant Space A) that require the restaurant serving alcohol operate inde pendently from Shore Hotel ownership;  Unite Here Local 11 makes references to the Shore Hotel (ownership) as being in litigation. The applicant is not part of the litigation and appellant is seeking to 16 of 17 combine the validity of the Hotel’s coastal permit wi th the pending CUP application. The applicant is in agreement with the proposed conditions of approval including number of seats, hours of operation, delivery service, potential cessation of the CUP upon a change of ownership and possible compliance heari ngs before the Planning Commission if residential development occurs within 500 feet of the site. Community Outreach The applicant supplied two letters of project support via the DTSM Downtown Santa Monica Inc. and the Downtown Neighborhood Associatio n prior to the February 1, 2017 hearing. Correspondence was received from the public between the Planning Commission’s January 18, 2017 public hearing and the February 1, 2017 meeting supporting UNITE HERE Local 11’s arguments for denying the alcohol CUP . The correspondence also alleged bad faith operations of the Shore Hotel with respect to their organization, consistency of the Hotel’s approved operational conditions and the relationship with UNITE HERE Local 11 and the hotel’s employees. Environment al Analysis This request is exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15301 (Class 13 – Existing Facilities), of the State Implementation Guidelines as the project involves interior improvements to a n existing building to establish a new restaurant with on -site sale of beer, wine and distilled spirits. Alternatives As an alternative to the staff recommendation, the Council may consider the following with respect to the pending appeal if supported by the full evidentiary record: 1. Approve the appeal (17ENT -0016) submitted by the appellant and deny Conditional Use Permit (16ENT -0128). 2. Articulate revised findings and/or conditions to Approve OR Deny the subject appeal. 17 of 17 Financial Impacts and Bud get Actions There is no immediate financial impact or budget action necessary as a result of the recommended action. Prepared By: Regina Szilak, Associate Planner Approved Forwarded to Council Attachments: A. PC STOA 1530 2nd alcohol cup B. Applicant's statement 1530 2nd St alcohol cup C. 1530 2nd Street appeal statement D. Planning Commission January 18, 2017 E. Planning Commission February 1, 2017 F. 17ENT -0016 CC Appeal (1530 2nd Street 16ENT -0128) alcohol cup CC STOA G. 16ENT0128 1530 2nd Street plan H. 1530 2nd St. LCD screens I. Written Comments J. Powerpoint 1 City of Santa Monica City Planning Division CITY COUNCIL STATEMENT OF OFFICIAL ACTION PROJECT INFORMATION CASE NUMBER: Appeal (16ENT -0016) of Conditional Use Permit (16ENT - 00128) LOCATION: 1530 Second Street APPLICANT: Full of Flavor, LLC PROPERTY OWNER : Sunshine Enterprises, LP CASE PLANNER: Gina Szilak, Associate Planner REQUEST: The appeal of the Planning Commission’s approval of f a Conditional Use Permit (CUP) to allow a Type -47 alcohol license in conjunction with a new full -service, 3,306 square -foot , 102 seat restaurant (Avery ) comprised of 9 2 indoor dining room seats (1 2 bar seats ) and 10 outdoor seats located within a ground floor space of the Shore Hotel. CEQA STATUS: The request is exempt from the provisions of the California E nvironmental Quality Act (CEQA), pursuant to Section 15301 (Class 1), Existing Facilities, of the State Implementation Guidelines in that the project involves interior improvements to an existing building to establish a new restaurant with on -site sale of beer, wine, and distilled spirits. CITY COUNCIL ACTION April 18 , 2017 D etermination Date X Approved based on the following findings and subject to the conditions below. Denied. 2 Other: EFFECTIVE DATES OF ACTIONS IF NOT APPEALED: April 1 8 , 2017 EXPIRATION DATE OF ANY PERMITS GRANTED: A pril 1 8 , 201 9 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 alcohol licenses in conjunction with eating and dr inking establishments are conditionally permitted in the C3 (Downtown Commercial ) district of the Zoning Ordinance. More specifically, requests for new alcohol licenses or substantial changes in the mode or character of the existing licenses require Condi tional Use Permit approval consistent with SMMC Section 9.04.10.18.020. 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 proposed alcohol sales will be incidental to t he primary use of the business as a bona fide restaurant. Additionally, the Downtown district encourages this type of use to create an urban neighborhood setting and to provide neighborhood serving uses for the employees, regional visitors, tourists, and residents in the area. Although alcohol - related impacts are not generally associated with this type of use with alcohol service, conditions of approval have been included to mitigate any potential alcohol -related impacts such as restricting the hours of a lcohol sales and limiting the hours that alcohol sales shall be permitted in the outdoor seating areas. Furthermore, to ensure that the proposed primary use remains a s a restaurant, Condition No. 40 requires that no more than 35% of total gross revenues p er year shall be from alcohol sales. As conditioned, it is anticipated that the proposed alcohol service will not impair the integrity and character of the district. 3 3. The subject parcel is physically suitable for the type of land use being proposed, in t hat the parcel was developed as a hotel with a ground floor designed for a pedestrian use such as a restaurant. The proposed restaurant tenancy and alcohol service will operate as a standalone operation separate and distinct from the hotel and will requir e building permits for standard tenant improvements to ensure the space is appropriate for restaurant use. 4. The proposed use is compatible with any of the land uses presently on the subject parcel if the present land uses are to remain, in that the site se rves as a hotel with a standalone restaurant on the ground floor. The issuance of an alcohol license and service area within the restaurant is consistent and compatible with typical restaurant operations existing in the immediate area. 5. The proposed use would be compatible with existing and permissible land uses within the district and the general area in which the proposed use is to be located, in that the alcohol service is conditionally permitted by the Zoning Ordinance and is proposed in a restaurant located in an existing pedestrian designated use of the Shore Hotel that fronts 2 nd Street . The restaurant’s alcohol conditions of approval will ensure that the use operates in a harmonious manner with the adjacent land uses , provide an environment conduct ive to dining and will not create any alcohol - related problems in the downtown area in that supports a number of full service restaurants . 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 alcohol service is conditionally permitted by the Zoning Ordinance and is proposed within a pedestrian oriented restaurant tenant space located within the Shore Hotel along 2 nd Street. 7. Public access to the proposed use will be adequate, in that vehicular access to the Shore Hotel is available from Ocean Avenue . The pedestrian access to the restaurant is provided directly from public sidewalk along Second Street. 8. The physical locat ion or placement of the use on the site is compatible with and relates harmoniously to the surrounding neighborhood, in that the restaurant will occupy a ground floor tenant space along 2 nd Street within a site developed as the Shore Hotel. The proposed a lcohol licensing will be in conjunction with a full - service, sit -down restaurant with outdoor dining in an area developed with similar lodging, dining and retail establishments . Lastly, the Land Use Element of the General Plan specifically supports the gre atest concentration of activity within the Downtown such restaurant services and outdoor dining. 9. The proposed use is consistent with the goals, objectives, and policies of the General Plan, in that restaurant is proposed in the Downtown designation of th e City of Santa Monica’s Land Use and Circulation (LUCE). Goal D1 of the LUCE 4 says to, “Maintain Downtown’s competitive advantage as a premier local and regional shopping, dining, and entertainment destination, and support its evolution in order to respond to changing market conditions.” Furthermore, Land Use Element Goal D7 and Policy D 7 .1 supports creating a balanced mix of uses in the downtown that reinforces its role as the greatest concentration of activity in the City and encouraging a broad mix of uses that create dynamic activity in both the daytime and evening hours. The proposed al cohol licensing provides the restaurant operator the ability to offer beverages that are similar to other food serving establishments within the downtown. 10. The proposed use would not be detrimental to the public interest, health, safety, convenience, or general welfare, in that the proposed use is consistent with the Zoning Ordinance and the Land Use Element of the General Plan, and conditions to mitigate any potential adverse impacts such as limiting the operator to 35% of total gross revenues on the pe rcentage of alcohol sales per year and ensuring that the primary business operations involve a full -service restaurant with sit -down meal service. 11. The proposed use conforms precisely to the applicable performance standards contained in Subchapter 9.04.12 and special conditions outlined in Subchapter 9.04.14 of the City of Santa Monica Comprehensive Land Use and Zoning Ordinance, in that in that no pe rformance 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 restaurant alcohol license will be within a pedestrian designed ground floor space of the Shore Ho tel serving local residents and visitors. The general vicinity is frequented by large numbers of local residents, shoppers, visitors, and tourists. This type of outlet has not contributed significantly to alcohol related problems in the area, and it is an ticipated that the incorporation of various conditions of approval will minimize impacts and intrusions into any adjacent residential neighborhoods and not result in an overconcentration . ALCOHOL OUTLET FINDINGS 1. The proposed use will not adversely af fect the welfare of neighborhood residents in a significant manner in that the use will be located in a commercial area, away from any major residential uses. The conditions of approval contain specific conditions that have been added to mitigate any poten tial adverse impacts, such as limiting hours, limiting gross percentage of alcohol sales and other alcohol - related operational conditions. 2. The proposed use will not contribute to an undue concentration of alcohol outlets in the area in that a restauran t with no separate bar area or entertainment or other use is not typically considered to contribute to objectionable problems associated with alcohol outlets, and in that the area is in the downtown portion of Santa Monica which is frequented by large numb ers of local residents as well as office workers, 5 shoppers, and visitors from outside the area. Furthermore, this type of outlet has not contributed significantly to alcohol related problems in the area. 3. The proposed use will not detrimentally affect nea rby neighborhoods considering the distance of the alcohol outlet to residential buildings, churches, schools, hospitals, playgrounds, parks, and other existing alcohol outlets in that the conditions for approval, such as the requirement that the establishm ent operate with no separate bar area or entertainment beyond the uses permitted in the restaurant definition , will minimize the potential e ffect on the residential uses in the vicinity. The Police Department reviewed the project and contacted staff on Au gust 30, 2016 to indicate that they did not anticipate any issues with the proposed project. 4. The proposed use is compatible with existing and potential uses within the general area in that the restaurant is in a commercial district, and a restaurant with an alcohol license is compatible with permitted uses. 5. Traffic and parking congestion will not result from the proposed use in that parking is located in the subterranean parking area which is accessed from Ocean Avenue and exited on to First Court (alley). 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, and alcohol specific conditions have been added to miti gate any potential adverse impacts. A restaurant with limited alcohol sales is compatible with the surrounding regional shopping center and Downtown development. 7. No harm to adjacent properties will result in that the conditions of approval will ensure that the establishment operates as a restaurant with no separate bar area or entertainment that extends beyond the uses permitted in the restaurant definition . 8. The objectives of the General Plan are secured in that the Land Use Element of the General Plan designates the area as City’s Downtown. Goal D1 of the LUCE says to, “Maintain Downtown’s competitive advantage as a premier local and regional shopping, dining, and entertainment destination, and support its evolution in order to respond to changing market conditions. Furthermore, Policy D1.1 says to, “Create a diversity of retail opportunities including local - and regional -serving retail and dining in the Downtown. The proposed restaurant with alcohol service located within the Shore Hotel is consist ent with the zoning and LUCE designation. 6 CONDITIONS OF APPROVAL : PLANNING AND COMMUNITY DEVELOPMENT Project Specific Conditions 1. This approval is for a Type 47 (On Sale General Eating Place) alcohol license only. Any request to modify the license type shall require approval from the Planning Commission. 2. Seating arrangements for sit -down patrons shall not exceed 102 seats (92 indoor seats 12 of which may be located along a bar counter and 10 outdoor seats). 3. The permitted hours of alcohol consump tion shall be from: a. 7:00 AM to 2:00 AM, seven days a week, with complete closure and all employees vacated from the tenant space by 3:00 AM. b. No “after hours" operations shall be permitted. 4. Alcoholic beverages orders shall cease 30 minutes prior to restaurant closure, or no later than the closing of the associated food service of the establishment, whichever is first. 5. No restaurant delivery to the hotel guestrooms shall occur unless delive ry is offered as part of the restaurant’s typical operations. 6. No service orders to the restaurant shall be processed through the hotel. 7. No restaurant charges shall be included on the hotel bill. 8. The operation of the restaurant shall be separate and dist inct from the operation of the Shore Hotel. The approval of Conditional Use Permit 16ENT -0218 (“CUP”) is applicable solely to Full of Flavor, LLC, and is not applicable to the owners of the Shore Hotel or any of their successors in interest. Therefore, t he CUP shall terminate automatically upon the termination of the operation of the restaurant by Full of Flavor, LLC, unless a proposed successor operator and/or tenant is approved in writing by the Planning Director prior to the commencement of any new ope ration or tenancy at 1530 2 nd Street that requires a Type 47 alcohol license. In furtherance of achieving the objectives of this condition, the Planning Director may withhold approval until such time as the successor operator and/or tenant provides docume ntation to substantiate (i) that it is legally separate and distinct from the owners of the Shore Hotel and (ii) that its operation at 1530 2 nd Street will be separate and distinct from the Shore Hotel. 7 9. Pursuant to SMMC Section 9.41.080(B), a fter the pro posed restaurant has been operational for one (1) year, the applicant shall provide to the City a report summarizing the restaurant’s compliance with these conditions of approval. After submittal of the compliance report, if staff determines that there ha ve violations of these conditions of approval, staff shall submit the compliance report to the Planning Commission as an information item to enable the Planning Commission to determine whether a public hearing is necessary. Upon review of the compliant re port at this public hearing, the Planning Commission may add or revise terms and conditions to the extent necessary to ensure effective conditions of approval. 10. Valet parking shall be provided to restaurant patrons during all hours of restaurant operations . Administrative 11. The approval of this permit shall expire if the rights granted are not ex ercised 18 months (for projects in the Coastal Zone) from the permit’s effective date. Exercise of rights shall mean issuance of a building permit to commence construction or actual commencement of the use granted by this Conditional Use Permit if a building permit is not required. 12. Within ten days of City Planning Division transmitt al of the Statement of Official Action, project applicant shall sign and return a copy of the Statement of Official Action prepared by the City Planning Division, agreeing to the conditions of approval and acknowledging that failure to comply with such con ditions shall constitute grounds for potential revocation of the permit approval. By signing same, applicant shall not thereby waive any legal rights applicant may possess regarding said conditions. The signed Statement shall be returned to the City Plan ning Division. Failure to comply with this condition shall constitute grounds for potential permit revocation. 13. Prior to issuance of alcohol service , the applicant shall post a notice at the building entry stating that the site is regulated by a Condition al Use Permit and the Statement of Official Action, which includes the establishment’s conditions of approval, is available upon request. This notice shall remain posted at all time s the establishment is in operation. 14. 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. 15. Within thirty (30) days after final approval of the project, a sign shall be posted on site stating the date and nature of the approval. The sign shall be posted in accordance with the Zoning Administrator guidelines and shall remain in place until a building permit is issued for the proje ct. The sign shall be removed promptly 8 when a building permit is issued for the project or upon expiration of the Conditional Use Permit. 16. The rights associated with this approval shall expire if the establishment ceases alcohol service for more than one year. 17. Prior to commencement of alcohol service, 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 appro val, is available upon request. This notice shall remain posted at all time s the establishment is in operation. 18. Prior to commencement of alcohol service, the operator shall submit a plan for approval by the Director of Planning regarding employee al cohol 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. Th e 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 prog ram 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 progr am condition affecting similar establishments. 19. Prior to commencement of alcohol service, 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 progra m, such as offering a free non -alcoholic drink for every party of two or more ordering alcoholic beverages. 20. 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 21. Applicant is advised that projects in the California Coastal Zone may need approval of the Califo rnia Coastal Commission prior to issuance of any building permits by the City of Santa Monica. Applicant is responsible for obtaining any such permits. 22. Applicant shall defend, indemnify, and hold harmless the City and its boards, commissions, agents, off icers, and employees (collectively, "City") from any claims, actions, or proceedings (individually referenced as "Claim" and collectively 9 referenced as "Claims") against the City to attack, set aside, void, or annul, the approval of 16ENT -0128 or any Claim s brought against the City due to the acts or omissions in any way connected to the Applicant's project. City shall promptly notify the applicant of any Claim and shall cooperate fully in the defense. Nothing contained in this paragraph prohibits the City from participating in the defense of any Claims, if both of the following occur: i. The City bears its own attorney's fees and costs. ii. The City defends the action in good faith. iii. Applicant shall not be required to pay or perform any settlement unless the set tlement is approved by the Applicant. iv. In the event any such action is commenced to attack, set aside, void or annul all, or any, provisions of any approvals granted for the Project, or is commenced for any other reason against the City for the act or omis sions relating to the Applicant's project, within fourteen (14) days following notice of such action from the City, the Applicant shall file with the City a performance bond or irrevocable letter of credit, or other form of security satisfactory to the Cit y ("the Security") in a form satisfactory to the City, and in the amount of $100,000 to ensure applicant's performance of its defense, indemnity and hold harmless obligations to City. The Security amount shall not limit the Applicant's obligations to the C ity hereunder. The failure of the Applicant to provide the Security shall be deemed an express acknowledgment and agreement by the Applicant that the City shall have the authority and right, without consent of the Applicant, to revoke the approvals grante d hereunder. Conformance with Approved P lans 23. This approval is for those plans dated September 29 , 2016, 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. 24. Minor amendments to the plans shall be subject to approval by the Director of Planning. An increase of more than 5 % of the square footage, and increase of seating, or a significant change in the approv ed 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 . 10 25. 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 26. As required by California Government Code Sec tion 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. Project Operations 27. No exterior ac tivity 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 11:00 pm to 7:00 am daily. In addition, ther e shall be no outdoor cleaning of the property with pressurized or mechanical equipment during the hours of 9:00 pm to 7:00 am, daily. Trash containers shall be secured with locks. 28. The primary use of the premises shall be for sit -down meal service to pat rons. 29. If a counter service area is provided, food service shall be available at all hours the counter is open for patrons, and the counter area shall not function as a separate bar area. 30. Window or other signage visible from the public right -of -way that advertises beer or alcohol shall not be permitted. 31. Customers shall be permitted to order meals at all times and at all locations where alcohol is being served. The establishment shall serve food to patrons during all hours the establishment is open for customers. 32. The establishment shall maintain a kitchen or food -serving area in which a variety of food is prepared or cooked on the premises. 33. Take out service shall be only incidental to the primary sit -down use. 34. No alcoholic beverage shall be sold for consumption beyond the premises. 11 35. Except for special events, alcohol shall not be served in any disposable container such as disposable plastic or paper cups. 36. No more than three television screen areas, including video projectors or similar audio/visual d evices, shall be on the premises. The screen areas may be comprised of a cluster of television screens that do not exceed 10 total screens and the individual maximum screen size for each television image/screen shall not exceed 60 inches. 37. No dancing or live entertainment beyond that allowed in restaurant definition contained in Section 9.04.02.030.730. Specifically, “a restaurant may provide music or other entertainment if: 1) there is sit down meal service provided at all times while the entertainment is taking place; 2) there is no dancing or dance floor; 3) there is no cover charge or minimum drink purchase requirement; and 4) the entertainment is provided only in the dining areas.” 38. No video or other amusement games shall be permitted on the premi ses. 39. The primary use of any outdoor dining area shall be for seated meal service. Patrons who are standing in the outdoor seating area shall not be served. 40. The operation shall at all times be conducted in a manner not detrimental to surrounding properti es or residents by reason of lights, noise, activities, parking or other actions. The owner shall prohibit loitering in the parking area and shall control noisy patrons leaving the establishment. 41. 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 an d the State ABC upon request. 42. 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. 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. All food items shall be available from the full service menu. 43. 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. 44. There shall be no cover charge or minimum drink purchase requirement. 12 45. Any minimum purchase requirement may be satisfied by the purchase of beverages or food. 46. 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 establishment. 47. Notices shall be prominently displayed urging patrons to leave the premises and neighborhood in a quiet, peaceful, and orderly fashion and to please no t litter or block driveways in the neighborhood. 48. 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 tra sh left by patrons. 49. Applicant is on notice that all signage, both permanent and temporary, is subject to the restrictions of the City sign ordinance. 50. The project shall at all times comply with the provisions of the Noise Ordinance (SMMC Chapter 4.12). 51. P ursuant 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. Construction Plan Requirements 52. Any new restaurant at the site with fewer than 50 seats capacity shall install a grease interceptor with minimum 750 gallons static hold ing capacity in order to pretreat sewered grease. Facilities with greater than 50 seats are required to install an interceptor with 1000 gallons minimum holding capacity. The Public Works Department may modify the above requirements only for good cause. Specifically, the facility must demonstrate to the satisfaction of the Industrial Waste Section and Building and Safety Division that interceptor installation is not feasible at the site in question. In such cases where modifications are granted, grease traps will be required in the place of an interceptor. Building permit plans shall show the required installation. Stand ard Conditions 53. The property owner shall insure any graffiti on the site is promptly removed through compliance with the City’s graffiti removal program. 13 Police 54. Prior to the commencement of alcohol service, 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. 55. 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 . Compliance 56. The applicant authorizes reasonable City inspe ction 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 Ayes: 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 City Council of the City of Santa Monica. _____________________________ _____________________________ Denise Anderson -Warren Date City Clerk 14 Acknowledgement by Permit Holder I hereby agree to the above conditions of approval and acknowledge that failure to comply with such conditions shall constitute grounds for potential revocation of the permit approval. Print Name and Title Date Applicant’s Signature