Council Mtg: April 9, 1996 Santa Monica, CA
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Appeal of Planning Commission Approval of Conditional
Use Permit 95-022 to Allow the Issuance of a Type-47
(On-Sale General Alcohol License) to be Used in
Conjunction With a New 1,795.5 Square Foot Restaurant
and Variance 95-029 to Provide 12 Parking Spaces In
Lieu of the 15 Parking Spaces Required On-Site by Code
With a Valet Parking Service. Address: 1810 Ocean
Avenue. Applicant: Bruce Marder Appellants: Bruce
Marder, Stephanie Barbanell
INTRODUCTION
This report recommends that City Council uphold the Planning
Commission approval of Conditional Use Permit 95-022 which would
allow issuance of a Type-47 (On-Sale General Alcohol License for
a Bona Fide Public Eating Place) alcohol license to be used in
conjunction with a new 1,795.5 square foot restaurant with a
total of 74 seats and Variance 95-029 to provide 12 parking
spaces in lieu of the 15 parking spaces required on-site by Code
with a valet parking service at 1810 Ocean Avenue.
BACKGROUND
On January 10, 1996, the Planning Commission voted 6-1 to approve
the applicant's requests. The determination has been appealed by
the applicant, Bruce Marder and a neighborhood resident,
Stephanie Barbanell. The appeal statements are contained in
Attachments A and B. The Planning Commission Statement of
Official Action is contained in Attachment E.
Background
The proposed project site at 1810 Ocean Avenue was the location
of The Mucky Duck restaurant, which has been out of business more
than one year. The project site is located in the Residential-Visitor Commercial District (RVC). In the RVC, approval of a
Conditional Use Permit is required to allow a restaurant with
alcohol service.
The RVC district is intended to protect existing residential uses
in the area while providing for the concentration and expansion
of coastal-related lodging, dining, recreation and shopping needs
of tourists and others in the oceanfront area. There are
residential uses immediately to the west (R3) of the site
consisting of single and multifamily housing. There are three
large hotels, the Pacific Shores, Shutters on the Beach and
Loew's, located within approximately 500 feet of the project
site. The project site is also within 500 feet of the
southwestern portion of the Civic Center.
The applicant proposes to remodel the existing building with no
increase in square footage. Although there is an outdoor patio
area between the proposed restaurant and Cora's Coffee Shop to
the north, outdoor dining was not included in the original
request and is restricted by Condition #42. The restaurant
entrance is located adjacent to the parking lot on the north
elevation, close to Ocean Avenue. All 74 seats are located in a
985.5 square foot open room. Of the 74 seats, ten are bar-type
seats located along the north wall. There is no separation
between these ten bar-type seats and the remainder of the seats
in the dining area. A large fireplace is also located on the
north wall between the kitchen and dining area.
Applicant/Appellant Concerns
The applicant is appealing Condition #43 of the Planning
Commission approval which specifies the restaurant's permitted
hours of operation. The Planning Commission approved operating
hours are Sunday through Thursday, 2:00 pm to 11 pm, when the
last patron may be seated, with complete restaurant closure by
midnight and on Friday and Saturday, 2:00 pm to midnight, when
the last patron may be seated, with complete restaurant closure
by 1:00 am. The applicant is requesting that the hours be
expanded by one hour each night for both seating the last patron
and complete restaurant closure. At the Planning Commission
meeting, the adjacent neighbors requested a condition to limit
the hours of operation so that the restaurant would close on
Sunday through Thursday at 9:00 pm with complete shutdown by
10:00 pm and close on Friday and Saturday at 10:00 pm with
complete shutdown by 11 pm. Planning staff had recommended that
meal service end at 10:00 pm, during the week with complete
shutdown by 11:00 pm and on Friday and Saturday, that meal
service end at 11:00 pm, with complete shutdown by midnight.
The concerns regarding the hours of operation are related to
noise and potential disturbance to neighbors. The applicant
presented information at the Planning Commission meeting prepared
by a sound consultant, J.B. Consulting Associates, regarding
existing and potential noise on the site and the results of sound
level tests. The consultant concluded that the noise from the
traffic and the bus staging area on Ocean Avenue creates an
ambient noise level which will mask most noise created by the
restaurant use. The consultant advised the applicant that if the
windows of the adjoining residential properties were dual glazed,
it would result in a net reduction of noise within those
residences even if the restaurant were open until 2:00 am.
Condition #67 was added which states:
67. Prior to issuance of a building permit, the applicant
shall send certified letters to the owners of abutting
property with an offer to double-glaze windows facing the
restaurant, and indicate that a response is required within
45 days. A copy of each letter shall be sent to the City.
For any property owner requesting this measure, the work
shall be completed and verified by a City inspection prior
to issuance of a Certificate of Occupancy.
Staff does not support the applicant's request for extended hours
beyond those approved by the Planning Commission, given the
proximity of residential uses. This type of use immediately
adjacent to residential uses has historically caused complaints
and inherent conflicts between the uses. The Planning Commission
conditions of approval balance the needs of the operator while
protecting the residents. This location is more similar to a
neighborhood commercial district like Montana Avenue or Main
Street than to a commercial district like Bayside. Therefore the
operating hours should minimize the impacts to adjacent
residential uses.
Appellant Barbanell's Concerns
A nearby resident, Stephanie Barbanell, has also appealed the
Planning Commission's approval of this project for four reasons
(Attachment B). Each reason for appeal and staff's responses
follow.
1) The Planning Commissioners' abused their discretionary
powers and violated citizen's rights to due process by not
granting the opposition equal time to state their case.
They acted in a biased and neighborhood insensitive manner.
Under the Planning Commission Rules of Order, a member of the
public who wishes to speak regarding an item is limited to three
minutes. In addition, a "representative speaker" may be allowed
one additional minute of speaking time, to a maximum of five
additional minutes (for a total of eight minutes), for each
person actually in attendance who assigns his or her right to
speak to the "representative speaker." The project applicant is
permitted five minutes initially and three minutes in rebuttal to
conclude the public hearing. Any further questions to the
applicant are at the discretion of the Planning Commission. The
Planning Commission is not required to grant other members of the
public, whether in support or opposition to the application,
equal time.
2) The decision of the Planning Commission was arbitrary
and not based on findings of the fact that were
presented.
The findings for approval of the Conditional Use Permit and the
Variance are included as part of this report. Staff believes
with the addition of special conditions, the findings made by the
Planning Commission were not arbitrary and are based on
applicable law and the specifics of the project.
3) The public health, safety and welfare of the neighbors
living within 500 feet are not protected by the conditions
that have been placed on this license with regard to noise,
hours of operation, parking and traffic circulation patterns
and the reduced parking variance. Several of the conditions
are simply vague and unenforceable.
There are approximately 360 residents within a 500-foot radius of
the site. These residents are located in apartments and single
family residences located in the R3 and R3R districts adjacent to
the RVC (Residential/Commercial) District along Ocean Avenue.
Petitions were submitted prior to the Planning Commission meeting
from adjacent neighbors on Vicente Terrace and Seaview Terrace
(Attachment G). The residents expressed concern about the quiet
enjoyment of their property if the proposed application is
approved without specific conditions, especially regarding noise
and odors, and submitted a list of conditions which they wanted
included. The applicant proposed specific mitigation measures
(Attachment H), and staff included some of these measures as well
as additional conditions in response to the neighborhood
concerns. While not all fifteen of the conditions requested by
the neighborhood were included, special conditions were added
(Conditions #55-69).
Specific conditions are included to minimize noise impacts.
Staff believes the greatest noise impact will be from the parking
lot, both by the vehicles and customers leaving and returning to
their cars. Conditions were included regarding elimination of
patrons standing outside to wait for their vehicles (Condition
# 56), the prohibition of valet drivers from congregating at the
on-site parking lot (Condition #36); requiring the operator to
take further responsibility for minimizing the effect of noisy
patrons by posting signs in the parking lot, written cautions on
guest receipts, and verbally cautioning patrons as they leave
(Conditions #36, #64, #65, and #66).
The dual glazing at the rear windows (Conditions #58 and #67) and
the applicant's proposal for baffling the doors (Conditions #59
and #60) will sufficiently reduce any noise generated from within
the restaurant.
The second greatest noise generator will be from any HVAC system.
The applicant consulted Environmental Comfort Systems, Inc.
regarding design of equipment with a low speed motor which will
minimize noise (Attachment H). The inclusion of this equipment
is considered to be part of the applicant's proposal.
To reduce noise impact from trash dumping, the applicant has
indicated that only "soft" trash (no bottles or cans) will be
dumped at night and Condition #24 limits all deliveries and
dumping to the hours between 8:00 am and 10:00 pm.
Conditions #55, #57, #62, and #63 address parking and traffic
circulation. These conditions require the valets to use a
specific circulation plan which is subject to the approval of the
Director of Planning, the Parking and Traffic Engineer and the
Chief of Police. No loading or unloading of passengers is
permitted in the alley, and all passenger loading or unloading
shall occur in the parking lot unless a valet parking zone is
approved by the Director of Planning, the Parking and Traffic
Engineer and the Chief of Police. Valet parking shall occur only
on private parking lots and, prior to issuance of a building
permit, the applicant shall provide a lease agreement
demonstrating provision of at least three off-site parking spaces
located within 1000 feet of the subject site.
At the Planning Commission meeting, the applicant indicated that
the off-site parking might be located at the Pritikin parking
lot. The applicant is still negotiating for off-site parking
which may not be located at the Pritikin lot. Staff has modified
Condition #55 to require the applicant to obtain approval of a
circulation plan without specifying the Pritikin lot as the
location. Condition #55 has been modified as follows:
55. No valet drivers shall utilize Vicente Terrace nor
Vicente Terrace North alley west of the subject site. The
valet parking circulation plan shall be subject to the
approval of the Director of Planning, the Parking and
Traffic Engineer and the Chief of Police.
Staff believes that a parking variance is warranted in that a
number of patrons will be likely to walk to the restaurant from
one of the three major hotels located nearby or from the Civic
Center or arrive by taxi. For those patrons who will drive,
there is sufficient parking available at the site, and in other
nearby parking areas, such as the Pritikin Center parking lot.
4) The City alcohol ordinance has been violated in that
undue concentration of alcohol outlets already exist in the
area as defined by the Alcohol Beverage Control Department.
Ms. Barbanell has concerns regarding the addition of another
alcohol outlet in Census Tract 7019, where 134 alcohol outlets
now exist. This Census Tract includes the entire downtown area,
the Pier, extending from Wilshire to Lincoln to Pico. Like many
downtown and visitor-serving areas, there is a concentration of
restaurants and other visitor-serving uses. Ms. Barbanell also
is concerned that a Conditional Use Permit is granted for the
property, not issued specifically to the current applicant and
future operators of this venue may not be as reputable as the
applicant.
While there are a number of alcohol outlets in the Census Tract
where the property is located, there are not numerous outlets in
the immediate area. Within a 500' radius of the site, there is
one Type-41 (On-Sale Beer and Wine for Bona Fide Public Eating
Place) alcohol license, two Type-47 (On-Sale General for Bona
Fide Public Eating Place) alcohol license, and one Type-48 (On-Sale General For Public Premise) alcohol license.
The Santa Monica Police Department (SMPD) does not oppose the
issuance of a Type-47 (On-Sale General for Bona Fide Public
Eating Place) alcohol license at this location if there is no
live entertainment and there are adequate measures taken to
soundproof the location by use of double door entrance and
insulated windows. Staff believes that the applicant's proposal
to soundproof the front doorway will have an effect similar to
double doors. These provisions are included as Conditions #59
and #60.
Ms. Barbanell believes the City cannot make the findings required
to approve another alcohol license. She claims that without a
citywide alcohol policy which identifies how many alcohol outlets
would be acceptable in each district or neighborhood, it is
impossible to make the finding that this premise will not result
in an overconcentration of alcohol outlets. The City's Zoning
Ordinance expresses the City's current alcohol policies and
allows the consideration of alcohol CUPs on a case-by-case basis.
The Planning Commission found that the project merited approval
and that the conditions of approval adequately protect the
surrounding neighborhood.
Conclusion
The Planning Commission's approval included conditions which
address many of the adjacent neighbors concerns. The limitations
to the restaurant operating hours are intended to preserve the
neighborhood integrity and character.
The fact that this use requires a CUP provides an opportunity to
mitigate potential impacts which would not be available for uses
permitted by right. For example, a convenience market without
alcohol sales would not require a CUP and could operate 24 hours
per day. The addition of a restaurant within walking distance of
three hotels and the Civic Center will benefit the visitor
component of the area as designated in the Zoning Ordinance and
the General Plan. The addition of this restaurant will
contribute to revitalizing an area of Ocean Avenue. With the
recommended conditions of approval, the use will be compatible
with the surrounding neighborhood.
PUBLIC NOTIFICATION
Pursuant to Municipal Code Sections 9.04.20.22.050 and
9.20.14.010, notice of the public hearing was mailed to all
owners and residential and commercial tenants of property located
within a 500 foot radius of the project at least ten consecutive
calendar days prior to the hearing. A copy of the notice is
contained in Attachment C.
BUDGET/FINANCIAL IMPACT
The recommendation presented in this report does not have any
budget or fiscal impacts.
RECOMMENDATION
It is recommended that the Council uphold the Planning Commission
approval of Conditional Use Permit 95-022 and Variance 95-029
with the following findings and conditions:
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 the Zoning Ordinance
conditionally permits an alcohol license in conjunction with
a food service in the RVC district.
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 RVC district is intended to protect
the existing residential mix in the area while providing for
the concentration and expansion of coastal related, lodging,
dining and recreation needs of tourists and others in the
oceanfront area and the conditions of approval such as the
hours of operation limitations, trash and delivery hours
limitations, and valet parking circulation plan will ensure
that the restaurant's operation will not impact the
surrounding neighborhood.
3. The subject parcel is physically suitable for the type of
land use being proposed, in that the parcel is a standard
lot with no unusual characteristics.
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 issuance of an alcohol license for a
new restaurant is compatible with the existing coffee shop
in that the hours of operation are different and do not
conflict.
5. The proposed use would be compatible with existing and
permissible land uses within the district and the general
area in which the proposed use is to be located, in that the
zoning of the site permits restaurants and the issuance of
an alcohol license will be incidental to the primary food
service establishment and the conditions such as the sound
baffle requirements and valet parking operation requirements
will limit the impact on the surrounding neighborhood.
6. There are adequate provisions for water, sanitation, and
public utilities and services to ensure that the proposed
use would not be detrimental to public health and safety, in
that the site is located in an urbanized area adequately
served by existing infrastructure, and the County Health
Department will inspect the premises to ensure compatibility
with health standards.
7. Public access to the proposed use will be adequate, in that
the site is within walking distance of three major hotels
and the Civic Center and is serviced by bus lines on Ocean
Avenue and Pico Boulevard, which is located one block away.
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 alcohol license will be
for an allowed restaurant which is consistent with the RVC
district zoning and that the conditions of approval limiting
restaurant hours, trash dumping and pick up, and restaurant
deliveries will protect the surrounding residential
neighborhood from restaurant impacts.
9. The proposed use is consistent with the goals, objectives,
and policies of the General Plan, in that the Land Use
Element of the General Plan, specifically Objective 1.5 of
the Oceanfront District is to expand visitor accommodations
and related uses in the Oceanfront area, while protecting
the existing residential mix.
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, in
that the proposed conditions limit noise and odors to the
neighborhood and prevent parking impacts by requiring the
valet parking circulation plan to be approved by the
Director of Planning, the Parking and Traffic Engineer, and
the Chief of Police who will carefully evaluate the
location, hours, and number of on-street valet spaces in
regards to noise impacts to residential uses and loss of on-street parking, and that the off-site parking be provided at
a nearby lot not more than 1,000 feet from the
establishment.
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 overconcentration of
such uses in the immediate vicinity, in that the proposed
alcohol license will be for a restaurant without
entertainment, and that the area is in the RVC (Residential-Visitors Commercial) District which is frequented by large
numbers of local residents as well as office workers,
shoppers, and visitors from outside the City. Furthermore,
this type of outlet has not contributed significantly to
alcohol related problems in the area.
ALCOHOL OUTLET FINDINGS
1. The proposed use and location are in accordance with good
zoning practice, in the public interest, and necessary that
substantial justice be done in that the alcohol license will
be for a restaurant with no separate bar area or
entertainment.
2. The proposed use will not adversely affect the welfare of
neighborhood residents in a significant manner in that the
use will be located in a mixed use area and the hours of
alcohol service and restaurant operation will be limited.
3. The proposed use will not contribute to an undue
concentration of alcohol outlets in the area in that a
restaurant with no separate bar area or entertainment is not
typically considered to contribute to objectionable problems
associated with alcohol outlets, there are only four other
alcohol outlets located within 500 feet of the subject
property, three of which are incidental to hotel uses; and
that the area is in a portion of Santa Monica which is
frequented by local residents as well as office workers, and
shoppers. Furthermore, this type of outlet has not
contributed significantly to alcohol related problems in the
area.
4. The proposed use will not detrimentally affect nearby
neighborhoods considering the distance of the alcohol outlet
to residential buildings, churches, schools, hospitals,
playgrounds, parks, and other existing alcohol outlets in
that the conditions for approval, such as the requirement
that the establishment operate with no separate bar area or
entertainment, and that the hours when alcohol will be
available will be limited to 2:00 pm to midnight during the
week and 2:00 pm to 1:00 am on the weekends, will minimize
the potential affect on the residential uses in the
vicinity.
5. The proposed use is compatible with existing and potential
uses within the general area in that the restaurant is in a
mixed use district, and a restaurant with an alcohol license
is compatible with permitted visitor serving uses and that,
with the conditions of approval limiting restaurant hours
and controlling potential noise impacts, is also compatible
with surrounding residential uses.
6. Traffic and parking congestion will not result from the
proposed use in that 12 parking spaces are provided onsite;
15 parking spaces are required and valet parking will be
provided at an offsite private lot and there shall be no
valet parking permitted on any street or alley unless
approved by the Parking and Traffic Engineer, the Director
of Planning, and the Chief of Police, who will carefully
evaluate the location, hours, and number of on-street valet
spaces in regards to noise impacts to residential uses and
loss of on-street parking spaces.
.
7. 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 when both encourage visitor serving uses in the RVC and
Oceanfront districts.
8. 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.
9. The proposed use is consistent with the objectives of the
General Plan in that the Land Use Element of the General
Plan designates the area as Oceanfront Special District
where visitor accommodations and related uses may be
expanded while protecting the existing residential mix.
VARIANCE FINDINGS
1. There are special circumstances or exceptional
characteristics applicable to the property involved,
including size, shape, topography, location, or
surroundings, or to the intended use or development of the
property that do not apply to other properties in the
vicinity under an identical zoning classification, in that
the property is located within walking distance of three
major hotels and the Civic Center and in that the RVC
District is intended to provide for the concentration and
expansion of coastal related, dining needs of tourists and
others in the oceanfront area.
2. The granting of such variance will not be detrimental or
injurious to the property or improvements in the general
vicinity and district in which the property is located, in
that parking for the restaurant will be provided on-site or
will be valet parked at the Pritikin lot or other lot within
1000 feet from the establishment, and no street parking will
be removed or used for the restaurant use unless approved by
the Director of Planning, the Parking and Traffic Engineer,
and the Chief of Police.
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 there is not sufficient area in the
parking lot to provide all 15 required parking spaces onsite
and adequate parking can be provided on the nearby Pritikin
lot or other private lot located not more than 1000 feet
from the establishment.
4. The granting of a variance will not be contrary to or in
conflict with the general purposes and intent of this
Chapter, or to the goals, objectives and policies of the
General Plan, in that the Objective 1.5 of the Oceanfront
Special District states that visitor related uses shall be
expanded while protecting the existing residential mix and
approval of the variance would permit a visitor serving
restaurant while providing parking at the Pritikin lot or
other nearby private lot located not more than 1000 feet
from the establishment and by not removing any street
parking without approval by the Director of Planning, the
Parking and Traffic Engineer, and the Chief of Police, who
will carefully evaluate the location, hours, and number of
on-street valet parking spaces in regards to noise impacts
to residential uses and loss of on-street parking spaces.
5. The variance would not impair the integrity and character of
the district in which it is to be located, in that there
will be valet parking provided which will occur on-site, at
the Pritikin lot through a lease agreement or at another
off-site location not more than 1000 feet from the
establishment and will not remove any street parking without
the approval of the Director of Planning, the Parking and
Traffic Engineer and the Chief of Police.
6. The subject site is physically suitable for the proposed
variance, in that twelve parking spaces can be provided
onsite and the remainder will be secured off-site through a
lease agreement.
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 site is an existing structure which is
part of the urban infill and conditions of approval will
control vehicular access to and from the site, and will
prohibit use of the alley adjacent to the residential uses
by valet drivers.
8. There will be adequate provisions for public access to serve
the subject variance proposal, in that there are bus lines
which serve Ocean Avenue and Pico boulevard which is one
block away.
9. The strict application of the provisions of Chapter 10 of
the City of Santa Monica Comprehensive Land Use and Zoning
Ordinance would result in unreasonable deprivation of the
use or enjoyment of the property, in that adequate parking
cannot be provided for a restaurant without a variance.
CONDITIONS OF APPROVAL
1. This approval is for those plans dated January 3, 1996, a
copy of which shall be maintained in the files of the Plan-
ning and Zoning Division. Project development shall be
consistent with such plans, except as otherwise specified
in these conditions of approval.
2. The Plans shall comply with all other provisions of Chapter
1, Article IX of the Municipal Code, (Zoning Ordinance) and
all other pertinent ordinances and General Plan policies of
the City of Santa Monica.
3. Final parking lot layout and specifications shall be
subject to the review and approval of the Parking and
Traffic Engineer.
Architectural Review Board
4. Prior to consideration of the project by the Architectural
Review Board, the applicant shall review disabled access
requirements with the Building and Safety Division and make
any necessary changes in the project design to achieve
compliance with such requirements. The Architectural
Review Board, in its review, shall pay particular attention
to the aesthetic, landscaping, and setback impacts of any
ramps or other features necessitated by accessibility
requirements.
5. Construction period signage shall be subject to the
approval of the Architectural Review Board.
6. Plans for final design, landscaping, screening, trash
enclosures, and signage shall be subject to review and
approval by the Architectural Review Board.
7. The Architectural Review Board, in its review, shall pay
particular attention to the project's pedestrian
orientation and amenities; scale and articulation of design
elements; exterior colors, textures and materials; window
treatment; glazing; and landscaping.
8. Landscaping plans shall comply with Part 9.04.10.04
(Landscaping Standards) of the zoning ordinance including
use of water-conserving landscaping materials, landscape
maintenance and other standards contained in the
Subchapter.
9. A landscaping plan shall be submitted to ARB which restores
and improves the existing landscaped areas and provides
additional landscaped areas in the parking lot without
reducing the number of parking spaces below that required
by the Zoning Ordinance. Any revised parking layout shall
be approved by the Parking and Traffic Engineer.
10. Refuse areas, storage areas and mechanical equipment shall
screened in accordance with SMMC Section 9.04.10.02.130-90.04.10.02.150. Refuse areas shall be of a size adequate
to meet on-site need, including recycling. The
Architectural Review Board in its review shall pay particu-
lar attention to the screening of such areas and equipment.
Any rooftop mechanical equipment shall be minimized in
height and area, and shall be located in such a way as to
minimize noise and visual impacts to surrounding
properties. Unless otherwise approved by the Architectural
Review Board, rooftop mechanical equipment shall be located
at least five feet from the edge of the roof.
Construction
11. Unless otherwise approved by the Department of
Environmental and Public Works Management, all sidewalks
shall be kept clear and passable during the grading and
construction phase of the project.
12. Sidewalks, curbs, gutters, paving and driveways which need
replacing or removal as a result of the project as
determined by the Department of Department of Environmental
and Public Works Management shall be reconstructed to the
satisfaction of the Department of Environmental and Public
Works Management. Approval for this work shall be obtained
from the Department of Environmental and Public Works
Management prior to issuance of the building permits.
13. Vehicles hauling dirt or other construction debris from the
site shall cover any open load with a tarpaulin or other
secure covering to minimize dust emissions.
14. Street trees shall be maintained, relocated or provided as
required in a manner consistent with the City's Tree Code
(Ord. 1242 CCS), per the specifications of the Department
of Community and Cultural Services and the Department of
Environmental and Public Works Management. No street tree
shall be removed without the approval of the Department of
Community and Cultural Services.
15. A construction period mitigation plan shall be prepared by
the applicant for approval by the Department of
Environmental and Public Works Management prior to issuance
of a building permit. The approved mitigation plan shall
be posted on the site for the duration of the project
construction and shall be produced upon request. As
applicable, this plan shall 1) Specify the names,
addresses, telephone numbers and business license numbers
of all contractors and subcontractors as well as the
developer and architect; 2) Describe how demolition of any
existing structures is to be accomplished; 3) Indicate
where any cranes are to be located for
erection/construction; 4) Describe how much of the public
street, alleyway, or sidewalk is proposed to be used in
conjunction with construction; 5) Set forth the extent and
nature of any pile-driving operations; 6) Describe the
length and number of any tiebacks which must extend under
the property of other persons; 7) Specify the nature and
extent of any dewatering and its effect on any adjacent
buildings; 8) Describe anticipated construction-related
truck routes, number of truck trips, hours of hauling and
parking location; 9) Specify the nature and extent of any
helicopter hauling; 10) State whether any construction
activity beyond normally permitted hours is proposed; 11)
Describe any proposed construction noise mitigation
measures; 12) Describe construction-period security
measures including any fencing, lighting, and security
personnel; 13)Provide a drainage plan; 14) Provide a
construction-period parking plan which shall minimize use
of public streets for parking; 15) List a designated on-site construction manager.
16. A sign shall be posted on the property in a manner
consistent with the public hearing sign requirements which
shall identify the address and phone number of the owner
and/or applicant for the purposes of responding to
questions and complaints during the construction period.
Said sign shall also indicate the hours of permissible
construction work.
17. A copy of these conditions shall be posted in an easily
visible and accessible location at all times during
construction at the project site. The pages shall be
laminated or otherwise protected to ensure durability of
the copy.
Environmental Mitigation
18. Ultra-low flow plumbing fixtures are required on all new
development and remodeling where plumbing is to be added.
(Maximum 1.6 gallon toilets and 1.0 gallon urinals and low
flow shower head.)
19. Parking areas and structures and other facilities
generating wastewater with significant oil and grease
content are required to pretreat these wastes before
discharging to the City sewer or storm drain system.
Pretreatment will require that a clarifier or oil/water
separator be installed and maintained on site. In cases
where settleable solids are present (or expected) in
greater amounts than floatable oil and grease, a clarifier
unit will be required. In cases where the opposite waste
characteristics are present, an oil/water separator with
automatic oil draw-off will be required instead. The
Environmental and Public Works Management Department will
set specific requirements. Building Permit plans shall
show the required installation.
Miscellaneous Conditions
20. The building address shall be painted on the roof of the
building and shall measure four feet by eight feet (32
square feet).
21. If any archaeological remains are uncovered during
excavation or construction, work in the affected area shall
be suspended and a recognized specialist shall be contacted
to conduct a survey of the affected area at project's
owner's expense. A determination shall then be made by the
Director of Planning to determine the significance of the
survey findings and appropriate actions and requirements,
if any, to address such findings.
22. Street and/or alley lighting shall be provided on public
rights of way adjacent to the project if and as needed per
the specifications and with the approval of the Department
of General Services.
23. The operation shall at all times be conducted in a manner
not detrimental to surrounding properties or residents by
reason of lights, noise, activities, parking, or other
actions.
24. All deliveries and trash dumping shall be conducted between
8:00 am and 10:00 pm. Trash containers shall be secured
with locks. All deliveries shall be from the parking area
with no deliveries permitted from Vicente Place or Ocean
Avenue.
25. Mechanical equipment shall not be located on the side of
any building which is adjacent to a residential building on
the adjoining lot. Roof locations may be used when the
mechanical equipment is installed within a soundrated
parapet enclosure.
26. Final approval of any mechanical equipment installation
will require a noise test in compliance with SMMC Section
4.12.040. Equipment for the test shall be provided by the
owner or contractor and the test shall be conducted by the
owner or contractor. A copy of the noise test results on
mechanical equipment shall be submitted to the Community
Noise Officer for review to ensure that noise levels do not
exceed maximum allowable levels for the applicable noise
zone.
27. Final building plans submitted for approval of a building
permit shall include on the plans a list of all permanent
mechanical equipment to be placed outdoors and all
permanent mechanical equipment to be placed indoors which
may be heard outdoors.
28. Pursuant to Municipal Code Section 9.04.10.02.420, a sign
shall be posted stating that the establishment is limited
to 74 seats. The sign shall be a minimum of twelve inches
by eighteen inches, and shall be posted by the restaurant
entrance of other such location as required by the Zoning
Administrator.
Validity of Permits
29. 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.
30. Within ten days of Planning and Zoning Division transmittal
of the approved Statement of Official Action, project applicant shall sign and return a copy of the Statement of
Official Action prepared by the Planning and Zoning
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 and Zoning Division. Failure to
comply with this condition may constitute grounds for
potential permit revocation.
32. This determination shall not become effective for a period
of fourteen days from the date of determination or, if
appealed, until a final determination is made on the
appeal. Any appeal must be made in the form required by
the Zoning Administrator. The approval of this permit
shall expire 18 months from the permit's effective date,
unless, in the case of new development, a building permit
has been obtained prior to the expiration of this approval
in order to exercise the rights granted by this approval.
This permit shall also expire if the building permit
expires or if the rights granted under this approval are
not exercised within one year following the earliest to
occur of the following: issuance of a Certificate of
Occupancy or, if no Certificate of Occupancy is required,
the last required final inspection for the new
construction. In the case of a change of use, the business
license must be obtained and the use in operation prior to
the permit expiration date. One six month extension of the
18 month period may be permitted if approved by the
Director of Planning. Applicant is on notice that time
extensions may not be granted if development standards
relevant to the project have become more restrictive since
project approval.
33. 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 or upon
expiration of the Conditional Use Permit.
ALCOHOL OUTLET CONDITIONS
34. The primary use of the premises shall be for sit-down
service to patrons. Alcohol shall not be served to persons
except those intending to purchase meals.
35. Parking lot illumination shall be provided and maintained.
Lighting shall be designed to minimize glare impacts to
adjacent residential units.
36. The owner shall prohibit loitering in the parking area by
both patrons and valet attendants and shall control noisy
patrons leaving the restaurant.
35. The premises shall maintain a kitchen or food-serving area
in which a variety of food is prepared and cooked on the
premises.
37. The premises shall serve food to patrons during all hours
the establishment is open for customers.
38. Seating arrangements for sit-down patrons shall not exceed
74 seats. There shall be no separate bar area.
39. Take out service shall be only incidental to the primary
sit-down use.
40. No alcoholic beverage shall be sold for consumption beyond
the premises.
41. No dancing or live entertainment shall be permitted on the
premises.
42. There shall be no outdoor dining area permitted without
amendment of this approval.
43. The permitted hours of operation are Sunday through
Thursday, 2:00 pm to 11 pm, when the last patron may be
seated, with complete restaurant closure by midnight. The
permitted hours of operation on Friday and Saturday are
2:00 pm to midnight, when the last patron may be seated,
with complete restaurant closure by 1:00 am.
44. Prior to issuance of a Certificate of Occupancy, or a
business license, 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.
45. Prior to issuance of a Certificate of Occupancy, or a
business license, 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 operator shall
provide City with an annual compliance report regarding
compliance with this condition. This project shall be
subject to any future City-wide alcohol awareness training
program condition affecting similar establishments. The
plan shall also set forth a "designated driver" program,
which shall be offered by the operator of the establishment
to patrons.
46. 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 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.
47. Except for special events, alcohol shall not be served in
any disposable container such as disposable plastic or
paper cups.
48. No video or other amusement games shall be permitted on the
premises.
49. Any minimum purchase requirement may be satisfied by the
purchase of beverages or food.
50. 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 available to the City
of Santa Monica and the State ABC upon request.
51. 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.
52. This permit shall expire 18 months from the effective date
of approval unless required ABC permits are obtained. One
one-year extension of the one year period may be permitted
if approved by the Director of Planning. Applicant is on
notice that an extension may not be granted if development
standards relevant to the project have changed since
project approval.
53. Applicant is on notice that all temporary signage is
subject to the restrictions of the City sign ordinance.
54. Any new restaurant at the site with fewer than 50 seats
capacity shall install a grease interceptor with minimum
750 gallons static holding 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 Environmental and Public
Works Management 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.
Special Conditions
55. No valet drivers shall utilize Vicente Terrace nor Vicente
Terrace North alley west of the subject site. The valet
parking circulation plan shall be subject to the approval
of the Director of Planning, the Parking and Traffic
Engineer and the Chief of Police.
56. No patrons shall be permitted to wait outside the
restaurant. In the event the restaurant is full, arriving
patrons shall not be permitted to wait outside the
restaurant until seating is available. Restaurant patrons
preparing to leave shall wait inside the restaurant until
their vehicle is available. Restaurant staff shall notify
patrons when their vehicle is ready.
57. There shall be no loading or unloading of passengers in the
alley. All passenger loading or unloading shall occur in
the parking lot unless a valet parking zone is approved by
the Director of Planning, the Parking and Traffic Engineer,
and the Chief of Police.
58. All windows at the rear of the restaurant shall be dual
glazed.
59. The doors at the rear of the restaurant will be made of
thick, sound resistant materials and will be kept closed at
all times. The side emergency door will be kept closed at
all times, except in an emergency.
60. The front door shall have a moveable door/sound baffle to
direct all sounds and patrons away from the residences and
towards Ocean Avenue. Sound absorbing materials (e.g.
curtains) shall be hung inside the front door to minimize
noise from arriving and departing customers.
61. A fee may be charged to patrons for use of the valet
parking.
62. Valet parking shall occur only at private parking lots.
There shall be no valet parking permitted on any street or
alley unless approved by the Parking and Traffic Engineer,
the Director of Planning, and the Chief of Police. The
location, hours, and number of on-street valet spaces shall
be carefully evaluated in regards to noise impacts to
residential uses and loss of on-street parking spaces.
63. Prior to issuance of any building permits, the applicant
shall provide a lease agreement demonstrating provision of
at least three off-site parking spaces which are located
within 1000 feet of the subject site. Should the spaces
referenced at the time a Building Permit is issued
subsequently be no longer available, the operator shall
submit proof to the Director of Planning that at least
three spaces at another site within 1000 feet have been
secured to meet this condition.
64. The parking lot shall be posted with conspicuous signage
cautioning patrons to be respectful of neighbors by
avoiding unnecessary noise.
65. All restaurant staff will be trained to caution late
departing customers to be respectful of neighbors by
avoiding unnecessary noise.
66. All guest receipts will include a written warning to
caution patrons to avoid unnecessary noise outside the
restaurant.
67. Prior to issuance of a building permit, the applicant shall
send certified letters to the owners of abutting property
with an offer to double-glaze windows facing the
restaurant, and indicate that a response is required within
45 days. A copy of each letter shall be sent to the City.
For any property owner requesting this measure, the work
shall be completed and verified by a City inspection prior
to issuance of a Certificate of Occupancy.
68. Any fireplace installed on the site shall be equipped with
a smoke filtration system to minimize this type of
emission; venting systems from the working area shall be
equipped with smoke and odor filtration systems.
69. If at any time after approval of these permits, the
applicant no longer has exclusive use of the adjacent
parking lot during the hours of operation, the applicant
shall submit a plan to the Director of Planning and
Community Development demonstrating that adequate parking
will be proved. After review of the plan, the Director of
Planning and Community Development may determine whether an
amendment to the Conditional Use Permit or Variance will be
required.
Prepared by: Suzanne Frick, Director
D. Kenyon Webster, Planning Manager
Susan Healy Keene, Assistant Planner
Planning and Community Development Department
Attachments (Available in Santa Monica City Hall, Room 102, 1685
Main Street):
A. Appeal Statement of the applicant, Bruce Marder
B. Appeal Statement of Stephanie Barbanell
C. Notice of Public Hearing
D. Radius and Location Map
E. Planning Commission Staff Report dated 1/10/96
F. Planning Commission Statement of Official Action dated
1/10/96
G. Letters from Stephanie Barbanell to staff dated 11/17/95 and
1/12/96 in opposition to proposal with response from staff
dated 1/17/96
H. Petitions requesting specific conditions from residents of
Vicente and Seaview Terraces dated 11/17/95, 11/20/95,
11/21/95 and 12/13/95.
I. Letters from applicant's attorney, Jonathan Horne, to staff,
dated 11/28/95 and 12/13/95, with enclosures from J.B.
Consulting Associates, dated 12/12/95 and Environmental
Comfort Systems, Inc., dated 12/11/95, and letter to
Planning Commission dated 1/8/96
J. Letters in support of proposal to Planning Commission from
Elaine Anderson, dated December 1, 1995 and Ernie Nelson,
dated 1/10/96
K. Photographs of Site and Surrounding Properties
L. Plot Plan, Floor Plans and Elevations