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City
Council Report |
City Council Meeting: December 8, 2009
Agenda Item: 6-A
To: Mayor
and City Council
From: Eileen
P. Fogarty, Director of Planning and Community Development
Subject: Appeal of Planning Commission
approval of a Conditional Use Permit and Variance for The Parlor restaurant
located at
Recommended Action
Staff recommends the City Council deny appeal 09APP-012 and uphold the Planning Commission’s approval of Conditional Use Permit 08-015 and Variance 08-021 for The Parlor restaurant located at 1519 Wilshire Boulevard based on the draft findings and conditions contained in this staff report.
Executive Summary
In 2007, the owner of The Parlor
restaurant applied for an Alcohol Determination (AD) and business license as
the operator of a new two-floor alcohol serving restaurant at the site of a former
restaurant operation. The former restaurant, Cinch, had been in operation for
approximately 25 years. It was
authorized as a 135-seat restaurant through the approval of a parking variance
for off-site parking for a prior restaurant (there is no available on-site
parking). Project plans from that time
indicate that only the first floor of the two story building was to be used for
the restaurant. The parking variance was approved for a limited 5-year term
only. No Conditional Use Permit was required at that time for an alcohol
serving restaurant.
During the staff review of the
2007 AD application, it was determined that the variance for off-street parking
for the restaurant had expired and there were no City approvals for restaurant
use of the existing second floor. The
applicant, therefore, requested a CUP to allow alcohol service in a restaurant
with more than 50 seats and to allow the restaurant to expand to a total of 225
seats, including the use of the second floor.
SMMC Section 9.04.08.40.040(a) requires a CUP for restaurants with more
than 50 seats in the Neighborhood Overlay District and Section 9.04.10.18.020
requires existing alcohol outlets to obtain a CUP if there is a 10% or more
floor area in the establishment or an increase of 25% or more in the number of
seats in any restaurant serving alcoholic beverages. The proposed project
represents a 28% expansion in floor area and a 67% increase in the number of
seats. A Variance was also requested to reinstate the expired parking variance.
On September 16, 2009, the Planning Commission approved, in
part, the Conditional Use Permit and Variance with conditions. On September 30,
2009, the property owner of the subject property filed an appeal of the
conditions imposed by the Planning Commission in its approval.
Background
The
original planning entitlement for a restaurant operation at this location dates
back to the early 1980s. City business
license records indicate that the project site has been a restaurant from 1981
to the present, operating as Verdi’s, then Cinch, and currently as The Parlor.
The
Planning Commission approved a parking variance (ZA #4321-y), on appeal, for
Verdi’s in December 1980, with a 5-year limited term and specific conditions of
approval. Plans from that time indicate that only the first floor of the
subject building was proposed for a restaurant with 135 seats. The original
entitlement did not require a Conditional Use Permit for the restaurant or
alcohol service.
Since
the original entitlements, the parking variance expired and the restaurant use
has expanded to the second floor with an increased number of seats without City
approvals, requiring the proposed CUP and parking variance. The Parlor proposes
to operate between 11:30am and 2:00am daily within the same dining areas (both
first and second floors) and with the same number of seats (225) as the
previous restaurant operation, Cinch, which began in February 1982. However,
there are no records to show that the second floor was ever lawfully approved
for restaurant use, and there are no building permit records for restaurant
improvements to the second floor space.
The applicant and owner of the property have been asked for any records
or evidence to support their contention that the second floor has been lawfully
permitted for restaurant use. To date, no information has been provided by
either party.
The
originally approved restaurant, Verdi, was approximately 3,833 square feet with
135 seats on the first floor. The Parlor occupies the majority of the building
consisting of 3,169 square feet of dining area with 225 seats (189 dining and
36 bar seats) and 1,768 square feet of kitchen, restrooms, and storage area
(Attachment D).
Discussion
Project Description
As noted above, The
Parlor occupies the majority of the building consisting of 3,169 square feet of
dining area with 225 seats (189 dining and 36 bar seats) and 1,768 square feet
of kitchen, restrooms, and storage area.
First floor plan
The restaurant operator wishes to continue
their current operation. The Parlor operates as a sports-themed restaurant. As
such, patrons come to The Parlor to watch televised sporting events throughout
the year and play sports-themed amusement and video games. According to the
restaurant’s website, the establishment features over 50 televisions to screen
sporting events, offers daily Happy Hours from 4:00 pm to 8:00 pm with reduced
prices for alcoholic beverages and, while the restaurant typically opens at 11:30
am, it may open early on a “big game” day.
In addition, The Parlor advertises “Beer Pong Tournaments” which are
held every Wednesday night with cash prizes. During this time sit down meal
service is curtailed. Later in the evenings, amplified music is played within
the restaurant after the sports day concludes. There is no dance floor,
however, patrons identifications are checked.
Although food is offered and served at all hours the restaurant is open,
food sales are not a significant component of the restaurant operation later in
the evenings.
Second floor plan
Project Analysis
The Parlor operation is fundamentally
different than that of the previous restaurant Cinch, which was a more
traditional restaurant. Nearby residential neighbors have reported repeated
problems of noise from The Parlor operation and with the behavior of patrons
leaving the premises, including excessive late night noise, profanities,
drunkenness, urination, trash, and vandalism.
Patron parking and vehicle traffic in the neighborhood have also been
cited as problems. There is no available on-site parking, hence the need for
the original parking variance for off-site parking for Verdi restaurant and the
request by The Parlor operators to re-instate the off-site parking variance.
Although the operator of The Parlor provides security outside the restaurant,
the neighbors reported at the Planning Commission hearing that the security is
not effective in stemming these problems.
Planning Commission Action
On September
16, 2009, the Planning Commission conducted a public hearing for the
proposed project. During the public
testimony and in written correspondence, the Commission heard extensively of
the problems noted above. As indicated
in the September 16, 2009
meeting minutes and
as reflected in the Statement
of Official Action, the Commission found the adverse impacts of The
Parlor’s operation on the adjacent neighbors compelling. More specifically, in
light of the substantial evidence regarding the adverse impacts from the
expanded restaurant’s operation, including excessive noise associated with the
establishment, unruly behavior of patrons leaving the restaurant and parking
and traffic issues, the Planning Commission found that the subject application
for a 225 seat restaurant with operating hours from 11:30am to 2:00am daily,
valet parking available only between 5:00pm and closing daily, and numerous
video games and amusements in the establishment would not be compatible with
the uses in the general area and would be detrimental to the public health,
safety and general welfare. However, the Commission was also reticent about
closing down an existing, albeit unpermitted, business. To address these
undesirable late night activities and parking and traffic impacts, the Planning
Commission adopted a series of conditions of approval related to restaurant
operation, including:
·
Limiting the total number of seats to 135;
·
Limiting the hours of operation to 11:00am to
11:00pm Monday through Thursday, 11:00am to 12:00am Friday and Saturday and
11:00am to 10:00pm Sundays;
·
Limiting the number of video games to a maximum of
three;
·
Requiring a minimum of six security personnel
on-site from 9:00pm to closing;
·
Requiring valet parking during all operating hours
and limiting the valet parking fee to a maximum of $2.00 per vehicle; and
·
Requiring the applicant to submit to the City
within 90-days of approval a report which outlines the restaurant’s compliance
with the conditions of approval to be forwarded for Commission review and consideration
at a noticed public hearing where the Commission may re-evaluate the conditions
of approval.
In imposing the above conditions, the
Commission concluded that restricting the number of seats, limiting hours of
late night operation and requiring a minimum of six on-site security personnel
would address the negative neighborhood impacts. More specifically, the intent
was to reduce the overall number of patrons on-site and, with additional
security personnel present, more effectively control patron behavior. The
Commission also limited the valet parking fee to encourage more patrons to
utilize the service as it would result in patrons entering The Parlor at the Wilshire Blvd. 16th Street 16th Street Arizona Avenue
Appeal Analysis
Appeal Summary
John Makhani, the owner of the restaurant
property, filed a timely appeal of the Planning Commission’s action on September
30, 2009 (Attachment A). The appeal statement centers on the limited hours of
operation (11:00am to 11:00pm Sunday
through Thursday and 11:00am to 12:00am Friday and Saturday) and the
limitation of a total of 135 seats. The
appeal statement also indicates that, since the Statement of Official Action
(STOA) was not available during the 14-day appeal period, there may be other
issues related to the conditions of approval that may become evident to the
appellant once the STOA is reviewed and adopted by the Commission on October
21, 2009. At the time of preparation of
this staff report, no other issues have been raised by the appellant.
Appeal Issues
Hours of Operation and Maximum Number of Seats
The Parlor
requested hours of operation which allowed for restaurant operation and alcohol
service between the hours of 11:30am to 2:00am daily. Based on testimony at the
public hearing and written correspondence from nearby residential neighbors,
the Commission approved hours of operation that called for restaurant closure
at 11:00pm Sunday through Thursday nights and 12:00am Friday and Saturday
nights. The
appellant indicates that these limited hours deprive the restaurant operator of
some of the most valuable and desirable operating hours and that such a
punitive condition is not supported by the record and is unnecessary.
The Parlor also requested a maximum of 225 seats within the restaurant. The appellant contends that the reduction to 135 seats does not allow for a reasonable patron limit to ensure a successful business operation and would result in an underutilization of valuable commercial floor area. The appellant also believes that Condition #13, which calls for the removal of building openings on the second floor, will mitigate the adverse noise impacts from the establishment.
As indicated in the meeting minutes and previously discussed in this report, the Planning Commission received extensive evidence and conducted substantial deliberations following the public hearing on this project. In light of the evidentiary record regarding the adverse impacts on the neighborhood from the expanded restaurant’s operation, including excessive noise associated with the establishment, unruly behavior of patrons leaving the restaurant and parking and traffic issues, the Planning Commission found that the originally proposed restaurant would impair the integrity and character of the district as proposed by the applicant with 225 seats, operating hours from 11:30 am to 2:00 am daily, valet parking available only between 5:00 pm and closing daily, and the inclusion of numerous video games and amusements in the establishment. To address these undesirable late night activities, and parking and traffic impacts, the Planning Commission imposed conditions of approval that maintained the number of allowable seats to a maximum of 135 rather than authorize an expansion in seating for a restaurant lacking any on-site parking and with a history of neighborhood complaints regarding the operation and required that the establishment close at 11:00pm during week nights and 12:00am weekend nights. Additionally, the Commission required valet parking services be available during all hours of restaurant operation. Due to the Commission’s interest in ensuring that the business complies with the operating conditions, Condition #39 of the CUP approval requires a compliance report be submitted to the City by the applicant within 90-days of the approval. The Planning Commission would review the compliance report at a noticed public hearing and may subsequently re-evaluate the conditions of approval following the hearing, including the allowable number of seats within the restaurant and the hours of operation.
Staff believes the number of seats and hours of operation authorized by the Planning Commission are justified and appropriate given the evidence provided at the hearing. This was not a punitive measure imposed by the Commission but an appropriate response to the evidence of the restaurant’s operation and impacts. The Planning Commission determined these conditions were necessary for the Commission to approve the CUP and Variance. As noted above, Condition #39 requires the restaurant to comply with operating conditions aimed at reducing these adverse impacts and report back to the City after a 90-day period after which the Commission may re-evaluate the conditions of approval if warranted at a noticed public hearing.
Environmental
Analysis
The proposed project is exempt from the provisions of
the California Environmental Quality Act (CEQA), pursuant to Section 15301
(Class 1), Existing Facilities, of the State Implementation Guidelines in that
the project involves the permitting of a second floor space, within an existing building, for restaurant
use with no increase in floor area to the building.
Public Outreach
Pursuant to Municipal
Code Section 9.04.20.22.050, 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 and published in the Santa Monica Daily Press at
least ten consecutive calendar days prior to the hearing.
Financial Impacts & Budget Actions
The proposed project has minor impacts on City revenues received from sales tax receipts associated with the restaurant operations.
Prepared by: Paul
Foley, Principal Planner
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Approved:
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Forwarded to Council: |
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Eileen P. Fogarty Director,
Planning and Community Development |
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P. Lamont Ewell City Manager |
Attachments
A.
Appellant’s Appeal Statement
B.
Draft City Council Findings and
Conditions
C.
Correspondence received since the September 16,
2009 Planning Commission hearing
D.
Restaurant floor plans
E.
City permit records
ATTACHMENT A
Appellant’s Appeal Statement
Electronic
version of attachment is not available for review. Document is available for review at the City
Clerk’s Office and the Libraries.
DRAFT FINDINGS & 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 SMMC
Section 9.04.08.40.040 (a) provides that all uses listed as Conditionally
Permitted Uses in the C2 or underlying District may be permitted subject to the
approval of a Conditional Use Permit, and Section 9.04.10.18.020 provides that
existing alcohol outlets shall also obtain a Conditional Use Permit if the use
undergoes a substantial change in mode or character of operation such as an
increase in of more than 10% in floor area or an increase of more than 25% of
the number of seats.
2.
The proposed use
would not impair the integrity and character of the district in which it is to
be established or located, in that the Boulevard Commercial (C6) with
Neighborhood Overlay (N) district permits restaurants with more than 50 seats
pursuant to the approval of a CUP. The
proposed restaurant, as conditioned, would be consistent with and complementary
to other uses in the area, and the site has been well-established as a
food-serving use, operating as a restaurant with alcohol service since 1981. The Santa Monica Municipal Code allows
conditions of approval to mitigate potential impacts associated with
restaurants of this size. As detailed, conditions of approval have been added
to address operational concerns for the amount of alcohol sales, patron oversight
via neighborhood patrols, prohibition of cover charges, and a requirement for
alcohol service with food service.
However, in
light of public testimony at the public hearing and the written correspondence
regarding the adverse impacts on the neighborhood from the expanded
restaurant’s operation, including excessive noise associated with the
establishment, unruly behavior of patrons leaving the restaurant and parking
and traffic issues, the City Council, on appeal, found that the originally proposed
restaurant would impair the integrity and character of the district as proposed
by the applicant with 225 seats, operating hours from 11:30 am to 2:00 am
daily, valet parking available only between 5:00 pm and closing daily, and the
inclusion of numerous video games and amusements in the establishment. To
address these undesirable late night activities, and parking and traffic
impacts, the City Council, on appeal, imposed conditions of approval to address
the ongoing neighborhood concerns.
Specifically, Condition #2 requires the restaurant to close at 11:00 pm
Sunday through Thursday nights and 12:00 am Friday and Saturday nights and
Condition #4 limits the total number of seats to 135. Condition #17 requires a
minimum of six security personnel on-site between 9:00 pm and closing daily.
Condition #23 limits the number of video games and amusements to three.
Condition #29 requires valet parking during all restaurant hours of operation
and Condition # 39 sets forth a condition that requires the applicant to submit
a report to the City addressing compliance with permit conditions within
90-days of permit approval which shall be reviewed by the Planning Commission
at a noticed public hearing.
3.
The subject parcel is physically suitable for the type of land use being
proposed, in that the building was constructed as a two-story structure and has
operated as a restaurant since 1981 with no on-site vehicular access or
parking.
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 currently operates as a restaurant with more
than 50 seats and that use has been in continuous operation since 1981.
However, given the fundamental change in the nature of the restaurant operation
from the previous restaurant, conditions of approval further ensure that the restaurant operates in a
harmonious manner with the other land uses, by restricting operating hours,
regulating trash dumping and delivery hours.
5.
The proposed use would be compatible with existing and permissible land
uses within the district and the general area in which the proposed use is to
be located, in that the Zoning Ordinance conditionally permits restaurants in
the neighborhood overlay district. A
full-service restaurant on
However, in
light of public testimony at the public hearing and the written correspondence
regarding the adverse impacts on the neighborhood from the expanded
restaurant’s operation, including excessive noise associated with the establishment, unruly behavior of patrons leaving
the restaurant and parking and traffic issues, the City Council, on appeal,
found that the originally proposed restaurant would not be compatible with
existing and permissible land uses within the district and the general
area as proposed by the applicant with
225 seats, operating hours from 11:30 am to 2:00 am daily, valet parking
available only between 5:00 pm and closing daily, and the inclusion of numerous
video games and amusements in the establishment. To address these undesirable
late night activities, and parking and traffic impacts, the City Council, on
appeal, imposed conditions of approval to address the ongoing neighborhood
concerns. Specifically, Condition #2
requires the restaurant to close at 11:00 pm Sunday through Thursday nights and
12:00 am Friday and Saturday nights and Condition #4 limits the total number of
seats to 135. Condition #17 requires a minimum of six security personnel
on-site between 9:00 pm and closing daily. Condition #23 limits the number of
video games and amusements to three. Condition #29 requires valet parking
during all restaurant hours of operation and Condition # 39 sets forth a
condition that requires the applicant to submit a report to the City addressing
compliance with permit conditions within 90-days of permit approval which shall
be reviewed by the Planning Commission at a noticed public hearing.
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 in that the site is located in an urbanized area
adequately served by existing infrastructure.
7.
Public access to the proposed use will be adequate, in that the valet
service, as conditioned, will operate auto drop-off and pick-up from
8.
The physical location or placement of the use on the site is compatible
with and relates harmoniously to the surrounding neighborhood, in that in that the restaurant use has been located at the
site since 1981. The expansion of the full-service restaurant, as approved
under this CUP, will provide a floor plan and operational conditions for the
restaurant use which currently do not exist.
In addition, the Land Use Element of the General Plan specifically encourages day and
night pedestrian activity along
9.
The proposed use is consistent with the goals, objectives, and policies
of the General Plan, in that Land Use Element Objective 1.6 calls for
commercial uses which serve regional, community and local needs along the
City’s commercial corridors while respecting the adjacent residential
neighborhoods. Through the
incorporation of the conditions of approval, the project is also consistent
with Policy 1.7, which calls for the protection and expansion of uses within
the neighborhood commercial areas of the City that provide for the day-to-day
shopping and service needs of nearby residents and Land Use Element Policy 1.7.2
which calls for preserving the concentration of ground-level, street-front
neighborhood commercial uses on Wilshire Boulevard from 12th to 16th
Streets.
10.
The proposed use would not be detrimental to the public interest,
health, safety, convenience, or general welfare, in that the proposed use, as conditioned, is consistent with
the Zoning Ordinance and the Land Use Element of the General Plan, and alcohol
specific conditions have been added to mitigate any potential adverse
impacts.
However, in
light of public testimony at the public hearing and the written correspondence
regarding the adverse impacts on the neighborhood from the restaurant’s
operation, including excessive noise associated with the establishment, unruly
behavior of patrons leaving the restaurant and parking and traffic issues, the
City Council, on appeal, found that the originally proposed restaurant would be
detrimental to the public interest, health, safety, convenience, or general
welfare as proposed by the applicant with 225 seats, operating hours from 11:30
am to 2:00 am daily, valet parking available only between 5:00 pm and closing
daily, and the inclusion of numerous video games and amusements in the
establishment. To address these undesirable late night activities, and parking
and traffic impacts, the City Council, on appeal, imposed conditions of
approval to address the ongoing neighborhood concerns. Specifically, Condition #2 requires the
restaurant to close at 11:00 pm Sunday through Thursday nights and 12:00 am
Friday and Saturday nights and Condition #4 limits the total number of seats to
135. Condition #17 requires a minimum of six security personnel on-site between
9:00 pm and closing daily. Condition #23 limits the number of video games and
amusements to three. Condition #29 requires valet parking during all restaurant
hours of operation and Condition # 39 sets forth a condition that requires the
applicant to submit a report to the City addressing compliance with permit
conditions within 90-days of permit approval which shall be reviewed by the
Planning Commission at a noticed public hearing.
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
12.
The proposed use will not result in an over concentration of such uses
in the immediate vicinity, in that there are two Type-41 public eating places
within a 500-foot radius, which is not considered an over concentration for a
commercial corridor such as
ALCOHOL OUTLET FINDINGS
1. The proposed use, as conditioned, will not adversely affect the welfare of neighborhood residents in a significant manner in that the existing use has been in operation since 1981 as a restaurant that serves alcoholic beverages. The State Alcohol Beverage Control (ABC) issued a Type 47-alcohol license for the restaurant’s change of ownership in 2007. Alcohol sales will be ancillary to the primary restaurant use. Conditions of approval have been added to mitigate potential impacts associated with alcohol consumption.
However, in
light of public testimony at the public hearing and the written correspondence
regarding the adverse impacts on the neighborhood from the restaurant’s
operation, including excessive noise associated with the establishment, unruly
behavior of patrons leaving the restaurant and parking and traffic issues, the
City Council, on appeal, found that the originally proposed restaurant would
adversely affect the welfare of the neighborhood residents in a significant
manner as proposed by the applicant with 225 seats, operating hours from 11:30
am to 2:00 am daily, valet parking available only between 5:00 pm and closing
daily, and the inclusion of numerous video games and amusements in the
establishment. To address these undesirable late night activities, and parking
and traffic impacts, the City Council, on appeal, imposed conditions of
approval to address the ongoing neighborhood concerns. Specifically, Condition #2 requires the
restaurant to close at 11:00 pm Sunday through Thursday nights and 12:00 am
Friday and Saturday nights and Condition #4 limits the total number of seats to
135. Condition #17 requires a minimum of six security personnel on-site between
9:00 pm and closing daily. Condition #23 limits the number of video games and
amusements to three. Condition #29 requires valet parking during all restaurant
hours of operation and Condition # 39 sets forth a condition that requires the
applicant to submit a report to the City addressing compliance with permit
conditions within 90-days of permit approval which shall be reviewed by the
Planning Commission at a noticed public hearing.
2.
The proposed use will not contribute to an undue concentration of
alcohol outlets in the area in that the
proposed the proposed project is an expansion of an existing restaurant with a
Type-47 alcohol license so no new alcohol licenses results from the
project.
3. The proposed use will not detrimentally affect nearby neighborhoods considering the distance of the alcohol outlet to residential buildings, churches, schools, hospitals, playgrounds, parks, in that there are no nearby churches, schools, hospitals or playgrounds and the conditions for approval, such as the hours of operation and compliance with the provisions of the Noise Ordinance, will minimize the potential affect on residential uses in the vicinity. The Community and Cultural Services Department has reviewed the project and has indicated no comments or objections to the proposal.
However, in
light of public testimony at the public hearing and the written correspondence
regarding the adverse impacts on the neighborhood from the restaurant’s
operation, including excessive noise associated with the establishment, unruly
behavior of patrons leaving the restaurant and parking and traffic issues, the
City Council, on appeal, found that the proposed restaurant would detrimentally
affect nearby neighborhoods considering the distance of the restaurant to
residential buildings as proposed by the applicant with 225 seats, operating
hours from 11:30 am to 2:00 am daily, valet parking available only between 5:00
pm and closing daily, and the inclusion of numerous video games and amusements
in the establishment. To address these undesirable late night activities, and
parking and traffic impacts, the City Council, on appeal, imposed conditions of
approval to address the ongoing neighborhood concerns. Specifically, Condition #2 requires the
restaurant to close at 11:00 pm Sunday through Thursday nights and 12:00 am
Friday and Saturday nights and Condition #4 limits the total number of seats to
135. Condition #17 requires a minimum of six security personnel on-site between
9:00 pm and closing daily. Condition #23 limits the number of video games and
amusements to three. Condition #29 requires valet parking during all restaurant
hours of operation and Condition # 39 sets forth a condition that requires the
applicant to submit a report to the City addressing compliance with permit
conditions within 90-days of permit approval which shall be reviewed by the
Planning Commission at a noticed public hearing.
4. The proposed use is compatible
with existing and potential uses within the general area in that the Zoning
Ordinance conditionally permits restaurants permitting alcoholic
beverages. A full-service restaurant
with ancillary alcohol service on
5. Traffic and parking congestion will not
result from the proposed use in that the applicant proposes a valet parking
program that will met the current demand generated by the proposed restaurant
at a nearby location. Further, after
considering public testimony expressing significant concerns regarding patron
parking in the neighborhood and associated noise impacts, the Planning
Commission added Condition #27 which establishes a $2 maximum charge for the
valet parking to ensure broad use of the off-site parking facility and
Condition #29 to ensure that valet parking is available during all restaurant
operating hours.
It is also anticipated that customers will visit the proposed
restaurant in addition to other destinations in the area and utilize transit or
nearby public parking facilities, such as City Parking Lot 8, just behind the
existing restaurant.
6. The public health, safety, and general
welfare are protected in that the project is consistent with the provisions of
the Zoning Ordinance, and the Land Use Element of the General Plan, which
encourage pedestrian oriented uses such as restaurants along Neighborhood
overlay zone of Wilshire Boulevard and conditions of approval have been
incorporated to minimize adverse impacts on nearby land uses.
7. No harm to adjacent properties will
result in that the conditions of approval with this approved Conditional Use
Permit will ensure that the establishment operates in a manner which protects
adjacent neighbors, whereas the current restaurant has no such conditions.
8. The proposed use is consistent
with the goals, objectives, and policies of the General Plan, in that Land Use Element Objective 1.6 calls for
commercial uses which serve regional, community and local needs along the
City’s commercial corridors while respecting the adjacent residential
neighborhoods. Through the
incorporation of the conditions of approval, the project is also consistent
with Policy 1.7, which calls for the protection and expansion of uses within
the neighborhood commercial areas of the City that provide for the day-to-day
shopping and service needs of nearby residents and Land Use Element Policy 1.7.2 which calls for
preserving the concentration of ground-level, street-front neighborhood
commercial uses on Wilshire Boulevard from 12th to 16th
Streets.
VARIANCE FINDINGS
1.
There
are special circumstances or exceptional characteristics applicable to the property
involved, including size, shape, topography, location, or surroundings, or to
the intended use or development of the property that do not apply to other
properties in the vicinity under an identical zoning classification.
Specifically, the site is improved with an existing two-story commercial
building with no space available for on-site parking. In 1981 a restaurant use with alcohol service
was authorized with the approval of a parking variance (ZA #4321-y) and the use
has been in continuous operation since that time.
2.
The
granting of such variance will not be detrimental nor injurious to the property
or improvements in the general vicinity and district in which the property is
located in that the proposed valet program will meet the parking demand
generated by the proposed restaurant. Further, after considering public
testimony expressing significant concerns regarding patron parking in the
neighborhood and associated noise impacts, the City Council, on appeal, added
Condition #27 which establishes a $2 maximum charge for the valet parking to
ensure broad use of the off-site parking facility and Condition #29 to ensure
that valet parking is available during all restaurant operating hours. It is also anticipated that the parking
demand will be further reduced since patrons will visit the proposed restaurant
in addition to other destinations along the
Condition #29 requires the restaurant operator to provide an annual
report to the City’s Planning Division or Transportation Management Division,
which provides documentation of a lease agreement for at least 48 off-site
parking spaces, a valet service agreement and permits via the City, and
additional information such as quantifiable data associated with the ongoing
demand and management of the off-site parking and any efforts by the applicant
to provide transportation demand management for their employees to reduce the
demand for parking.
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 no on-site parking spaces and the parking variance,
with specific conditions including the provision of off-site parking during all
operational hours, would allow the continued use of the restaurant at the site,
given the use has not ceased operations and denial of the variance would
require the closure of the existing restaurant.
4.
The
granting of a variance will not be contrary to or in conflict with the general
purposes and intent of this Chapter, nor to the goals, objectives, and policies
of the General Plan. Objective 1.6 which
calls for commercial uses which serve regional, community and local needs along
the City’s commercial corridors while respecting the adjacent residential
neighborhoods. Additionally, the
proposed project is consistent with Land Use Element Objective 1.7 which calls
for the protection and expansion of uses within the neighborhood commercial
areas of the City that provide for the day-to-day shopping and service needs of
nearby residents and Policy 1.7.2 which calls for preserving the concentration
of ground-level, street-front neighborhood commercial uses on Wilshire
Boulevard from 12th to 16th Streets.
Circulation Element Policy 4.75
allows the reduction in parking requirements for ….”existing” development in
accordance with approved transportation control measures which have been
demonstrated to be effective in reducing parking needs and which are monitored
and enforced by the City Policies
5.
The
variance would not impair the integrity and character of the district in which
it is to be located in that the restaurant has been in operation without
on-site parking since 1981 and the proposed valet program will encourage
patrons and employees to take advantage of the off-site parking available via a
valet operator. In addition, the lack of
on-site parking will promote alternate modes of transit to the site, thereby
reducing the amount of vehicular trips and parking demand within the area. The transportation demand plan will help
increase the use of public transit and bicycles, supporting the pedestrian
character of the district. To ensure the
reduction of restaurant parking demand, staff has included condition of approval
regarding the valet operation (Condition No. 29).
6.
The
subject site is physically suitable for the proposed variance in that the site
is improved with an existing two-story commercial building that has been
operated as a restaurant since 1981.
7.
There
are adequate provisions for water, sanitation, and public utilities and
services to ensure that the proposed variance would not be detrimental to
public health and safety in that the subject property is located within a
developed urbanized environment that is adequately served by existing
infrastructure, public utilities and services.
It is not anticipated that approval of the subject application will
create a need for additional utilities or services.
8.
There will be adequate provisions for public access to serve the subject
variance proposal in that in that although there is no vehicular access
provided directly onto the site and no on-site parking available, the project
site is served by Wilshire Boulevard which provides pedestrian access to the
site. In addition, the area is served by
the Big Blue Bus.
9.
For the
reduction of the automobile parking space requirements, the reduction is based
and conditioned upon an approved parking reduction plan that incorporates
transportation control measures that have been demonstrated to be effective in
reducing parking needs and that are monitored, periodically reviewed for
continued effectiveness, and enforced by the City. Specifically, Condition No. 28 requires that
the proposed Transportation Demand Management program be implemented to reduce
the parking demand and the amount of vehicular trips within the area generated
by the proposed restaurant. The program
may provide incentives for both employee and customers to use alternate modes
of transportation other than private vehicle to the restaurant, including free
transit passes for employees and complementary meals to customers. This
requirement is intended to limit the potential impacts that restaurants have on
nearby residential neighborhoods, including the associated parking and
circulation effects. Therefore, this
requirement acts as a transportation control measure in that it limits
traffic-generating uses that may negatively affect nearby residents and the
district.
10.
The
strict application of the provisions of this Chapter would result in
unreasonable deprivation of the use or enjoyment of the property in that due to
the existing improvements, practical use or enjoyment of the subject parcel
would not be possible due to the inability to provide the additional parking
spaces required by code on-site for a parcel that has no on-site parking. The existing restaurant has been in operation
since 1981 and is a compatible use within the district.
CONDITIONS OF APPROVAL:
PLANNING AND COMMUNITY
DEVELOPMENT
Project Specific Conditions
1.
This
approval is for a Type 47 (On Sale General –
2.
The
permitted restaurant hours open for business to the public shall be from 11:00
AM to 11:00 PM Sunday through Thursday;
11:00 AM to 12:00 AM (Midnight) Friday and Saturday with last call for
alcoholic beverages one hour prior to closure.
Complete closure and all employees must vacate the premises from
one hour after closing, daily. No after hours operation shall be
permitted.
3.
No
exterior activity such as trash disposal, deliveries or other maintenance
activity generating noise audible from the exterior of the building shall occur
from one hour after closing to 6:00 AM.
In addition, there shall be no disposal of bottles or noise generating
trash between 11:00 PM and 6:00 AM daily.
Trash containers shall be secured with locks.
4.
Seating
arrangements for sit-down patrons throughout the first and second floors shall
not exceed 135 total seats.
5.
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
Alcohol Outlet Conditions
6.
The
primary use of the premises shall be for sit-down meal service to patrons. Alcohol shall not be served to persons except
those intending to purchase meals.
7.
The
applicant shall patrol the neighborhood to monitor patron behavior and pick up
any trash left behind by patrons. The
route the staff patrols and the frequency of the patrols shall be approved by
the City’s Planning Division and maintained as part of the site operational
plan until such time as the City may deem the patrols unnecessary.
8.
No
alcoholic beverage shall be sold for consumption beyond the premises.
9.
The
establishment shall maintain a kitchen or food-serving area in which a variety
of food is prepared and cooked on the premises.
10.
The
establishment shall serve food to patrons during all hours the establishment is
open for customers.
11.
Customers
shall be permitted to order meals at the bar areas at all times the bar or
restaurant is open for business.
12.
In
order to maintain the primary use of the premises for sit-down meal service,
patrons shall not be permitted to use the bar unless they are ordering a meal
at the bar counter in the same manner as patrons ordering meals at the table
seating. The seats located around the
bar service area cannot be used as waiting area or as a bar where patrons may
have a drink either before being seated for meal service, or as a bar where
beverages only are provided.
13.
A
building permit shall be obtained to remove the doors leading to the 2nd
floor roof deck, or these doors shall be made into a window so that patrons
access to the roof would not occur. In
addition, subject to review by the Architectural Review Board (ARB) or staff
ARB approval if applicable, a building permit shall be obtained to close the
open air portion of the 2nd floor veranda that faces
14.
Any
minimum purchase requirement may be satisfied by the purchase of beverages or
food.
15.
Take
out service shall be only incidental to the primary sit-down use.
16.
The
operation shall at all times be conducted in a manner not detrimental to
surrounding properties or residents by reason of lights, noise, activities,
parking or other actions.
17.
The
owner shall control noisy patrons leaving the restaurant. A minimum of six security guards shall be
provided seven days a week from 9 p.m. to closing to ensure that noisy and
rowdy patrons leaving the establishment will not adversely affect the welfare
of neighborhood residents.
18.
Prior
to final inspection or 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.
19.
Prior
to final inspection, commencement of alcohol service, or within 30 days of the
CUP approval, the operator shall submit a plan for approval by the Director of
Planning and Community Development regarding employee alcohol awareness
training programs and policies. The plan
shall outline a mandatory alcohol awareness training program for all employees
having contact with the public and shall state management’s policies addressing
alcohol consumption and inebriation. The
program shall require all employees having contact with the public to complete a
California Department of Alcoholic Beverage Control (ABC) sponsored alcohol
awareness training program within 90 days of the effective date of this
approval. In the case of new employees, the employee shall attend the alcohol
awareness training within 90 days of hiring. In the event the ABC no longer
sponsors an alcohol awareness training program, all employees having contact
with the public shall complete an alternative program approved by the Director
of Planning and Community Development.
The operator shall provide the City with an annual report regarding
compliance with this condition. This
project shall be subject to any future City-wide alcohol awareness training
program condition affecting similar establishments.
20.
Prior
to final inspection or commencement of alcohol service or issuance of a
business license, the operator shall submit a plan describing the
establishment’s “designated driver” program, which shall be offered by the
operator to the establishment’s patrons.
The plan shall specify how the operator will inform patrons of the program,
such as offering on the menu a free non-alcoholic drink for every party of two
or more ordering alcoholic beverages.
21.
Except
for special events, alcohol shall not be served in any disposable container
such as disposable plastic or paper cups.
22.
No
dancing, dance floor, or live entertainment beyond that allowed in the
restaurant definition contained in the Zoning Ordinance shall be permitted on
the premises. There shall be no cover
charge or related minimum drink purchase requirement.
23.
The
establishment shall not operate as a game arcade per Santa Monica Municipal
Code Section 9.04.02.030.325 (Game Arcade). A maximum of three games, video
games or other amusements are permitted under this definition on the
premises.
24.
Window or
other signage visible from the public right-of-way that advertises beer or
alcohol shall not be permitted.
25.
Applicant
is on notice that all temporary signage is subject to the restrictions of the
City sign ordinance.
26.
The
project shall at all times comply with the provisions of the Noise Ordinance
(SMMC Chapter 4.12).
Parking Variance Conditions
27.
The
maximum charge to valet a vehicle for customers is $2 dollars.
28.
The
applicant shall work with the City’s Transportation Management Division to
create a specific transportation demand management program for the employees of
the restaurant. The goal of this
management program is to reduce the employees Average Rider Vehicle (ARV) trips
to and from their place of work.
29.
The
restaurant operator shall provide an annual report due October 1st
of each year to the City’s Planning Division or Transportation Management
Division, which provides documentation of a lease agreement for at least 48
off-site parking spaces during all operational hours, a valet service agreement
during all operating hours and approved valet permits issued by the City, and
additional information such as quantifiable data associated with the ongoing
demand and management of the off-site parking and any efforts by the applicant
to provide a transportation demand management program for their employees to
reduce the demand for parking.
The transportation demand management program
may include the following:
·
Transportation
Information. The applicant will provide
on-site information for employees and customers about transit services
(including ride share programs and shuttles) and bicycle facilities (including
routes and parking).
·
Free
Transit Passes for Employees. The applicant will provide all of its employees who
commit to transit use each month an EZ Transit Pass through the Santa Monica
Big Blue Bus or Metro program (or a similar bus pass if the EZ Transit Pass is
no longer available).
·
The
applicant will provide bicycles to all employees who commit to riding to work
on a regular basis, and will provide bicycle parking/storage on-site.
·
The
applicant will provide a cash incentive to employees who carpool to work on a
regular basis in an amount equal to a monthly transit pass.
·
The
applicant will encourage customers to use public transit, bicycles, or walk to
the restaurant through various incentives, including conducting a weekly
drawing to offer a complementary meal for those individuals that use such
alternate modes of transit to the restaurant (random selection from names
collected), or through incentives of similar effectiveness as may be designed
and implemented periodically.
30.
The
valet operator shall at all times conduct the vehicle transport services
between the site and the off-site parking lease area in a manner that protects
the adjacent neighbors from nuisance, including excessive noise, and adherence
to the rules and conditions of the City’s approved valet permit. The valet service shall operate daily from the
restaurant’s opening to closing, and all day Saturday and Sunday during
operation hours. The valet parking
operation shall be subject to the review and approval of the Transportation
Management Division (TMD).
31.
The
32.
The
applicant authorizes the reasonable City inspection of the property to ensure
compliance with the conditions of approval imposed by the City in approving this
project and will bear the reasonable cost of these inspections as established
by Santa Monica Municipal Code Section 2.72.010 and Resolution No. 9905(CCS) or
any successor legislation thereto. These
inspections shall be no more intrusive than necessary to ensure compliance with
conditions of approval.
Administrative
33. The
approval of this permit shall expire if the rights granted are not exercised
within twelve (12) months from the permit’s effective date. Exercise of rights shall mean actual commencement
of the use granted by the permit. One
six month extension may be permitted if approved by the Director of
Planning. Applicant is on notice that
time extensions shall not be granted if development standards or development
process relevant to the project have changed since project approval. Additionally, the rights associated with
this approval shall expire if the establishment ceases operation for a period
of one year or longer.
34. Within
ten days of City Planning Division transmittal of the Statement of Official
Action, project applicant shall sign and return a copy of the Statement of
Official Action prepared by the Planning Division, agreeing to the conditions
of approval and acknowledging that failure to comply with such conditions shall
constitute grounds for potential revocation of the permit approval. By signing same, applicant shall not thereby
waive any legal rights applicant may possess regarding said conditions. The signed Statement shall be returned to the
Planning Division. Failure to comply
with this condition shall constitute grounds for potential permit revocation.
35. 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.
36. Prior
to final inspection, the applicant shall post a notice at the building entry
stating that the site is regulated by a Conditional Use Permit and the
Statement of Official Action, which includes the establishment’s conditions of
approval, is available upon request.
This notice shall remain posted at all times the establishment is in
operation.
37. 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.
38. In
the event permittee violates or fails to comply with any conditions of approval
of this permit, no further permits, licenses, approvals or certificates of
occupancy shall be issued until such violation has been fully remedied.
Conformance with Approved
Plans
39. The
applicant shall provide within 90-days of the effective date of the Conditional
Use Permit and Variance, a detailed report to staff on compliance with the
operational conditions of these permits.
This report shall be evaluated by staff, and subsequently presented to
the Planning Commission at a noticed public hearing who may subsequently
re-evaluate and amend the conditions of approval.
40. This approval is for those plans
dated April, 2009, 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.
41. Minor
amendments to the plans shall be subject to approval by the Director of
Planning. An increase of more than 10%
of the square footage, and increase of seating, or a significant change in the
approved concept shall be subject to Planning Commission Review. Construction shall be in substantial
conformance with the plans submitted or as modified by the Planning Commission,
Architectural Review Board, or Director of Planning. No expansion in number of seats, intensity of
operation, or outdoor areas shall occur without prior approval from the City of
42. The
Plans shall comply with all other provisions of Article IX of the Municipal
Code, (Zoning Ordinance) and all other pertinent ordinances and General Plan
policies of the City of
Standard Conditions
43. 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.
ATTACHMENT C
Correspondence Received Since the September 16,
2009 Planning Commission Hearing
Electronic
version of attachment is not available for review. Document is available for review at the City
clerk’s Office and the Libraries.
ATTACHMENT D
Restaurant Floor Plans
Electronic
version of attachment is not available for review. Document is available for review at the City
clerk’s Office and the Libraries.
ATTACHMENT E
City Permit Records
Electronic version
of attachment is not available for review.
Document is available for review at the City clerk’s Office and the
Libraries.