Planning Commission Meeting: May 16, 2007
Agenda Item: 8-A
To: Planning Commission
From: Amanda
Schachter, City Planning Division Manager
Subject: Conditional Use Permit (07CUP002) to permit
a restaurant with fifty seats or more including the on-site sale of beer, wine and
distilled spirits.
Address: 2000 Main Street
Applicant: LGO
Hospitality LLC
It
is recommended that the Planning Commission take the following action subject
to findings and/or conditions contained in Attachment B:
1.
Approve application 07CUP002
2.
Adopt the Statement of Official Action
The applicant is requesting a Conditional Use Permit (CUP) to allow the
on-site sale of beer, wine, and distilled spirits in conjunction with a new
97-seat restaurant (La Grande Orange) located in the CM-3 (Main Street Special
Commercial) zoning district. The
proposed restaurant will occupy a 4,263 square foot tenant space with a Main Street
frontage of 120 linear feet that is part of a four-story mixed-use building
currently under construction (Archstone Main Street Apartments). According to Santa Monica Municipal Code
(SMMC) Section 9.04.08.28.040(x), a CUP is required for uses in the CM district
with more than 75 linear feet of Main Street frontage, SMMC Section 9.04.08.28.040(p)
requires a CUP for restaurants in the CM district of fifty seats or greater,
and SMMC Section 9.04.10.18.020 requires a CUP for the on-site sale and
dispensation of alcoholic beverages.
The mixed-use building totals 135,045
square feet, and consists of four ground floor commercial tenant spaces, 107 residential
apartments located on the first through fourth floors, and three levels of
subterranean parking. Other than
interior alterations to the subject tenant space, no changes to the building are
proposed.
The following issues should be
considered by the Planning Commission in its review of the proposed project and
are addressed in this report:
·
Is the proposed restaurant operation with more than 50 seats, more
than 75 linear feet of Main Street
frontage, and a Type 47 license for the on-site sale and consumption of beer,
wine and distilled spirits, compatible with the surrounding neighborhood?
·
Do the proposed conditions of approval mitigate any potential
alcohol-related adverse impacts on the area?
·
Do the proposed conditions of approval mitigate any potential
adverse impacts to the area related to having a restaurant of 50 seats or more?
·
Is on-site sale and consumption of beer, wine and distilled
spirits in conjunction with the operation of a full-service sit-down restaurant
with a Main Street
frontage of more than 75 linear feet consistent with the Land Use Element of
the General Plan and the CM-3 Main Street Commercial zoning district?
Project / Site Information
The following table provides a
brief summary of the project location. Additional information regarding the
project’s compliance with applicable municipal regulations and the General Plan
is available in Attachment A.
Project and Site Information Table
|
Zoning District:
|
Main Street Commercial (CM-3)
|
  
Site Location Map: 2000 Main Street
|
|
Land Use
Element Designation:
|
Service and
Specialty Commerical
|
|
Parcel Area (SF):
|
Approx. 50,000 SF
|
|
Parcel
Dimensions:
|
Dimensions approx.
East - 301’, West - 312’, North – 172’, South – 150’
|
|
Existing On-Site
Improvements (Year Built):
|
4 story, 135,045 SF
commercial and residential building (est. completion in 2007 )
|
|
Rent Control
Status:
|
Exempt
|
|
Adjacent Zoning
Districts / Land Uses:
|
West – OP3/Residential
East – CM2/Residential
South – CM3/Residential
& Commercial
North – CM4/Residential
& Commercial
|
The four-story mixed-use development
consists of 107 residential units, 11,549 square feet of ground floor commercial
space for four tenants, and three levels of subterranean parking that contain
304 off-street parking spaces. The subject site is bounded by Neilson Way to the West, Main Street to the
East, Bay Street
to the North and Bicknell Avenue
to the South. Portions of the commercial
frontage wrap around the corner onto the eastern portions of Bay Street and Bicknell Avenue. The remaining areas of the ground level consist
of a common residential lobby on Bicknell
Avenue and residential units along the Neilson Way and Bay Street
frontages.
The applicant has stated that 3
of the 4 retail spaces in the building have been leased. The two future tenants, in addition to the
restaurant, are retail uses called ‘Dove Hair Salon’ and ‘Goudas and Vine’. The applicant has indicated that the last
empty tenant space is intended for a retail use.
An Environmental
Impact Report was adopted and certified in 2002 by the City Council for the
development of the four-story mixed-use project.
This request 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 interior
improvements to a building to establish a 97-seat restaurant with the on-site
sale of beer, wine, and distilled spirits. The scope of the improvements will occur within
an existing tenant space and involve only minor alterations with no increase in
floor area to the building.
Project Analysis
The
La Grande Orange restaurant is occupying a 4,623 square foot tenant space
located on the northwest corner of Main
Street and Bicknell Avenue for the 97-seat
restaurant. The indoor dining area will
contain 71 seats, the outdoor dining area will provide 19 seats, and seating
for seven customers will be located at an indoor bar. The entrance to the restaurant is located at
the north end of its Main Street
frontage. The indoor seating areas are
located at the corner of the building on the Main Street and Bicknell Avenue intersection. The overall size of the seating and service areas
(indoor and outdoor) is 1,561 square feet.
Additionally, 426 square feet of area is devoted to retail and ‘to-go’
service, which is incidental to the primary restaurant operation. Kitchen and other service areas (e.g. coffee
bar, lunch counter, janitor/electrical closet) total 1,983 square feet, and the
remaining 653 square feet of space are utilized for restrooms, hallways, and
other common areas.
Parking
The site provides 304
off-street parking spaces. According to
the Zoning Code, 209 parking spaces (188 resident and 21 guest spaces) are
required for the 107 residential units. The
6,926 square feet of retail commercial space requires an additional 23 parking
spaces at a ratio of 1 space / 300 square feet of gross floor area. The parking requirement for the La Grande
Orange restaurant is 1 space / 75 square feet of service and seating area and 1
space / 300 square feet of support and retail area. Based on the square footages of the
respective floor plan areas, a total of 31 parking spaces are required for the
restaurant. Therefore, the overall
number of required parking spaces for all of the uses in the building is 267
spaces. The 304 spaces provided in the
three levels of subterranean parking satisfy this requirement.
Proposed
Project Operation / Hours of Operation
The applicant is proposing to serve alcohol during all hours
of operation which are from 7 a.m. to 1 a.m.
daily. According to the applicant, the
restaurant will not feature any live music or entertainment.
Main Street is designated as a Service
and Specialty Commercial Area in the City’s Land Use Element. This designation is shared by Pico Boulevard, Lincoln
Boulevard, and Santa Monica
Boulevard west of 20th Street. These three other areas are specifically
identified as major service commercial districts that are intended to be the
location of low-intensity auto-oriented businesses and services. Main
Street, however, is targeted separately as a
specialty commercial area serving both local and regional needs. The designated growth and allowable level of
intensity for development within these different areas is intended to
correspond to the existing context, current uses, and traffic capacity. The
Main Street Master Plan further reinforces that the Main Street Commercial
District has historically accommodated both residential and commercial uses
that serve surrounding residences as well as the tourist and visitor
population. The location of La Grande Orange is on the northern end of the Main Street
corridor, which has seen lower levels of commercial activity and pedestrian
traffic as compared to the southern portions of Main Street. Additionally, residential uses are located
directly adjacent to the subject site along all four sides of the property. As a result, staff believes that more limited
hours of operation to ensure the restaurant operation is compatible with the
area’s mixed use context and more moderate activity level. Staff recommends
that the restaurant close to customers at 11:00 p.m. Sunday through Thursday and
12:00 a.m. on Friday and Saturday nights.
Complete closure with employees vacating the premises most occur by
12:30 a.m. Sunday through Thursday and 1:30 a.m. Friday and Saturday nights.
To ensure that the proposed primary use remains a restaurant,
staff is recommending Condition Nos. 1-21, which would, among other things, require
alcohol to be served only to persons intending to order meals, food service to be
available in all seating areas at all times alcohol service is available and
the establishment maintain a kitchen area in which a variety of food is
prepared and cooked, and that no more than 35% of gross receipts per year may
be from alcohol sales.
Neighborhood Compatibility
The
proposal to establish a restaurant within a tenant space with more than 75 feet
of linear frontage along Main
Street requires a Conditional Use Permit to allow
for the review of the length of the tenant space, neighborhood compatibility,
and how it relates to the street and the desired pedestrian activity along Main Street. The ground floor contains four commercial tenant
spaces along Main Street
and at the corners of Bicknell
Avenue and Bay Street, with the pedestrian-oriented
commercial uses to a depth of 50 feet from the Main Street property line. In response to comments received from the
Planning Commission in its approval of the overall project, the applicant
designed the project to include several different architectural styles and
materials to reduce the perceived mass of the building and increase
articulation. The main design feature
involves providing different, alternating segments of architectural styles
along all four elevations of the site.
The facade treatments vary in 60-foot segments, and provide visual break
to the overall mass of the building. The
design of the building approved by the Architectural Review Board in 2002
addressed all design issues specified by the City Council in its approval of
the project. These issues involved the
project’s compatibility with the surrounding mix of commercial and multi-family
structures, pedestrian orientation and amenities, scale and articulation of
design elements. Furthermore, the
subject tenant space is a corner tenant space, which lends to a more prominent
presence along the street. The break in
façade treatments and the corner location of the restaurant support the
proposed width of the restaurant, and will not alter or detract from the building’s
presence along the street or the pedestrian experience.
The
proposed restaurant is located in an area of the City with a high concentration
of visitor, commercial and residential activity. Land uses in the vicinity are consistent with
the CM-3 zoning district, and include a mix of residential, commercial and
retail uses. It is not anticipated that
this operation will have any significant negative impacts to the neighborhood as
problems are not generally associated with full-service restaurants of 50 seats
or more. Moreover, conditions of
approval have been added to the project to mitigate potential adverse impacts
to the surrounding neighborhood.
Alcohol Licenses in
Area
The following is a list of the existing alcohol
licenses are within a 500’ radius of the proposed project:
|
Type
41 (On-Sale Beer and Wine for Public Eating Place)
|
|
Establishment
|
Address
|
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Dhaba Cuisine of India
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2104 Main Street
|
|
Type 47 (On-Sale General for Public
Eating Place)
|
|
AMFA Bay
Shores
Lanes
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234
Pico Boulevard
|
|
Whist (in the Viceroy Hotel)
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1819 Ocean Avenue
|
|
Catch, formerly Ocean Front (in Casa Del Mar)
|
1910
Ocean Way
|
|
Type 20 (Off-Sale Beer and Wine)
|
|
L and K Market
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2127 Main Street
|
|
Type 21 (Off-Sale General)
|
|
Star Liquor
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1927 Main Street
|
|
Type
58 ( Caterer Permit)
Type
66 (Controlled Access Cabinet Permit)
|
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Viceroy Hotel
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1819 Ocean Avenue
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Casa Del
Mar Hotel
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1910 Ocean Way
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Conformance with
Land Use Element
The
proposed project is consistent with Land Use Element Policy 1.5.4 which
encourages day and night pedestrian activity along Main Street through the establishment of
uses oriented to walk-in traffic, such as restaurants. Staff is
recommending conditions of approvals to mitigate potential adverse
impacts on the surrounding neighborhood such as limiting the hours of operation,
consistent with Policy 1.2.4, which seeks to mitigate impacts that could be
associated with alcohol outlets and restaurants of 50 seats or more. In
addition, Land Use Element Policy
1.6.7 indicates that Main Street
should include a variety of uses including “leisure time opportunities for
those living in the surrounding community and the greater Santa Monica area…” and that such uses
include “small restaurants.” The
addition of a restaurant on Main
Street will provide additional dining
opportunities for residents and visitors and encourage pedestrian activity on
the north end of Main Street
within the evening hours.
Police
Department Comments
The Santa Monica Police Department has been
contacted regarding this proposal. The
recommended conditions of approval address the Police Department’s recommendations
for this application. As indicated in
Condition No. 2, it is recommended that the restaurant close at 12:00 a.m. on
Friday and Saturday night and 11:00 p.m. Sunday through Thursday evenings. Condition No. 13 requires that a security plan be submitted to the Chief of Police
for review and approval prior to final inspection or commencement of alcohol
service. The plan will address both physical and operational security issues. Condition No. 14 requires an employee alcohol
awareness training program and Condition No. 15 requires a designated driver
program. Finally, Condition No. 17
prohibits dancing or live entertainment beyond what is permitted in the Zoning
Code for a restaurant use.
Community
and Cultural Services Department Comments
Crescent Bay Park is the only park
located within a 500-foot radius of the subject site. However, the Community and Cultural Services
Department has reviewed the project and has indicated no comments or objections
to the proposal.
In
addition to the recommended action, the Planning Commission could consider the
following with respect to the project:
A1.
Continue the project for specific reasons, consistent with
applicable deadlines and with agreement from the applicant.
A2.
Articulate revised findings and/or conditions to Approve or Deny,
with or without prejudice, the subject application.
Conclusion
The
project involves the establishment of a new sit-down restaurant (La Grande
Orange) within a mixed-use building that is currently under construction. The building consists of three other ground
floor commercial tenant spaces and 107 residential units. The proposal to allow the on-site sale and
consumption of beer, wine, and distilled spirits in a new restaurant with more
than 50 seats in the CM-3 zone is consistent with the Land Use Element of the
General Plan. Specifically, the proposal
is consistent with Land Use Element Policy 1.5.4, which encourages day and
night pedestrian activity along Main
Street by establishing uses oriented to walk-in
traffic such as restaurants.
Additionally, conditions of approval are recommended that are consistent
with Policy 1.2.4 of the Land Use Element, which seek to mitigate potential
adverse impacts that could be associated with alcohol outlets and restaurants
of 50 seats or more. In addition, Land Use
Element Policy 1.6.7 indicates that Main
Street should include a variety of uses including
“leisure time opportunities for those living in the surrounding community and
the greater Santa Monica
area…” and that such uses include “small restaurants.” The addition of a restaurant on Main Street will
provide additional dining opportunities for residents and visitors and
encourage pedestrian activity on the north end of Main Street within the evening
hours. The proposed use will meet the goals and
standards of the District and will not result in an over-concentration of such
uses in the vicinity. Alcohol service will be incidental to the
primary use of the restaurant and, as conditioned, the restaurant of
more than 50 seats with alcohol service is not anticipated to create any
negative impacts to the surrounding neighborhood.
Prepared by: Ariel
Socarras, Contract Planner
Paul
Foley, Principal Planner
Attachments
A.
General
Plan and Municipal Code Compliance Worksheet
B.
Draft
Statement of Official Action
C.
Public
Notification & Comment Material
D.
Photographs
E.
Project
Plans
F:\CityPlanning\Share\Templates\Staff Reports\PC\07CUP002(2000
Main).doc
ATTACHMENT B
DRAFT STATEMENT OF OFFICIAL
ACTION
 City of Santa Monica
City Planning Division
PLANNING COMMISSION
STATEMENT OF OFFICIAL
ACTION
|
|
PROJECT INFORAMTION
CASE NUMBERS: Conditional Use Permit 07-002
LOCATION: 2000 Main Street
APPLICANT: LGO
Hospitality, LLC
Property Owner: Archstone
Smith Operating Trust
CASE PLANNER: Ariel Socarras
REQUEST: Conditional Use Permit
to allow:
1.
The
on-site sale and consumption of beer and wine in the CM zoning district;
2.
A restaurant of 50 seats or more in the CM
zoning district;
3.
A
business with a frontage in excess of 75 feet along Main Street in the CM zoning district.
CEQA STATUS: The
project is categorically exempt from the provisions of CEQA, pursuant to
Class 1, Section 15301 of the State Implementation Guidelines in that the
project involves the establishment of a restaurant with alcohol service
within an existing tenant space and involves only minor interior alterations
with no increase in floor area.
|
|
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PLANNING COMMISSION ACTION
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May 16, 2007
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Determination Date
|
|
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Approved based on the following findings and subject to the conditions
below.
|
|
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Denied.
|
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Other:
|
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EFFECTIVE
DATES OF ACTIONS IF NOT APPEALED:
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May 31, 2007
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EXPIRATION
DATE OF ANY PERMITS GRANTED:
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November 30, 2008
|
|
LENGTH OF ANY
POSSIBLE EXTENSION OF EXPIRATION DATES*:
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6 months
|
* Any request for an
extension of the expiration date must be received in the City Planning Division
prior to expiration of this permit.
Each and all of the
findings and determinations are based on the competent and substantial
evidence, both oral and written, contained in the entire record relating to the
Project. All summaries of information
contained herein or in the findings are based on the substantial evidence in
the record. The absence of any
particular fact from any such summary is not an indication that a particular
finding is not based in part on that fact.
FINDINGS:
CONDITIONAL USE PERMIT FINDINGS
1.
The
proposed use is one conditionally permitted within the subject district and
complies with all of the applicable provisions of the "City of Santa
Monica Comprehensive Land Use and Zoning Ordinance", in that SMMC Section
9.04.08.28.040(x) provides uses in the CM district with more than 75 linear
feet of Main Street frontage may be permitted subject to a Conditional Use
Permit, SMMC Section 9.04.08.28.040(p) provides that in the CM district with 50
seats or more may be permitted subject to a Conditional Use Permit, and Section 9.04.08.28.040(x) provides that establishments
with the on-site sale of beer, wine, and distilled spirits may be permitted
subject to a Conditional Use Permit.
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 Main Street Special Commercial district permits food uses, and alcohol
service will be ancillary to the food service function of the establishment. In
addition, the design of the building has been previously approved by the City
Council and Architectural Review Board to provide substantial articulation and
to mitigate any potential impacts of a tenant frontage of more than 75 feet in
length. Lastly, alcohol-related problems
are not generally associated with full-service restaurants and conditions of
approval have been added to mitigate potential impacts associated with alcohol
consumption and restaurants of 50 seats or more.
3.
The
subject parcel is physically suitable for the type of land use being proposed,
in that the parcel is a standard lot with a four-story, mixed-use building under
construction that can accommodate the proposed use.
4.
The proposed use is compatible with any of the
land uses presently on the subject parcel if the present land uses are to
remain, in that no tenant spaces are currently occupied in the building because
it is under construction. The site was
approved to allow a four-story mixed use development consisting of four ground
floor commercial tenant spaces and 107 residential units. The design of the building provides
substantial articulation, which mitigates any impacts from a tenant frontage of
more than 75 feet. The proposed
restaurant of more than 50 seats with alcohol sales will be compatible with the
other retail commercial uses located on the ground floor. Furthermore, conditions of approval are
recommended to mitigate adverse impacts to the residential uses on site as well
as adjacent to the subject property.
Alcohol-related problems are not generally associated with full-service
restaurants, but condition Nos. 1
through 21 further ensure that the use operates in a harmonious manner with the
other land uses.
5.
The
proposed use would be compatible with existing and permissible land uses within
the district and the general area in which the proposed use is to be located,
in that the code permits businesses with a Main Street frontage in excess of 75
feet, and restaurants of 50 seats or more with an alcohol license. The design of the building was previously
approved by City Council and the Architectural Review Board for compatibility
with the surrounding area. Alcohol
Condition Nos. 1 through 21 ensure that the use operates in a harmonious manner
with the adjacent land uses. In addition, alcohol-related problems are
not generally associated with full-service restaurants.
6.
There
are adequate provisions for water, sanitation, and public utilities and
services to ensure that the proposed use would not be detrimental to public
health and safety, in that the site is located in an urbanized area adequately
served by existing infrastructure.
7.
Public access to the proposed use will be
adequate, in that the vehicular access is provided from Bicknell Avenue and pedestrian access is
provided via Main Street.
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 restaurant will occupy a vacant tenant space
within a building that is currently under construction. The design of the building provides substantial
articulation, which mitigates any impacts from a tenant frontage of more than
75 feet. The design of the building has
been previously approved by the City Council and the Architectural Review Board
for compatibility with the surrounding area.
Furthermore, the site is located within an urbanized area along Main Street that
encourages pedestrian oriented uses such as restaurants. Lastly, alcohol-related problems are not
generally associated with full-service restaurants.
9.
The proposed project is consistent with Land Use
Element Policy 1.5.4 which encourages day and night pedestrian activity along Main Street through
the establishment of uses oriented to walk-in traffic, such as
restaurants. Staff is also recommending
conditions of approvals to mitigate potential adverse impacts on the
surrounding neighborhood such as limiting the hours of operation, consistent
with Policy 1.2.4, which seeks to mitigate impacts that could be associated
with alcohol outlets and restaurants of 50 seats or more. In addition,
Land Use Element Policy 1.6.7
indicates that Main Street
should include a variety of uses including “leisure time opportunities for
those living in the surrounding community and the greater Santa Monica area…” and that such uses
include “small restaurants.” The
addition of a restaurant on Main
Street will provide additional dining
opportunities for residents and visitors and encourage pedestrian activity on
the north end of Main Street
within the evening hours.
10.
The proposed use would not be detrimental to the
public interest, health, safety, convenience, or general welfare, in that the
proposed use is consistent with the Zoning Ordinance and the Land Use Element
of the General Plan and alcohol specific conditions have been added to mitigate
any potential adverse impacts. A
restaurant of more than 50 seats is compatible with the surrounding Main Street
commercial area and the design of the building provides substantial
articulation, which mitigates any impacts from a tenant frontage of more than
75 feet.
11.
The
proposed use conforms precisely to the applicable performance standards
contained in Subchapter 9.04.12 of the City of Santa Monica Comprehensive Land Use and
Zoning Ordinance, in that no performance standard permit is required.
12.
The proposed use will not result in an
over-concentration of such uses in the immediate vicinity, in that the proposed
97-street restaurant with alcohol sales and more than 75 feet of linear building
frontage will be located on Main Street, which is an active part of the City
that frequented often by 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.
The design of the building provides substantial articulation, which
mitigates any impacts from a tenant frontage of more than 75 feet.
ALCOHOL OUTLET FINDINGS
1. The proposed use will not adversely
affect the welfare of neighborhood residents in a significant manner in that
the alcohol license will be issued in conjunction with the operation of a
sit-down restaurant. Alcohol sales will
be ancillary to the primary restaurant use.
In addition, Condition Nos. 1-21 have been added to the project to ensure
that the nearby uses are not adversely affected by the proposed use.
2.
The
proposed use will not contribute to an undue concentration of alcohol outlets
in the area in that the proposed alcohol license will be issued in
conjunction with a sit-down full-service restaurant with 97 seats located on
Main Street, which is an active part of the City that frequented often by 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.
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, limitation of the
number of special events and compliance with the provisions of the Noise
Ordinance, will minimize the potential affect on residential uses in the
vicinity. Crescent Bay
Park is the only park
located within a 500-foot radius of the subject site. However, the Community and Cultural Services
Department has reviewed the project and has indicated no comments or objections
to the proposal.
4. The proposed use is
compatible with existing and potential uses within the general area in that a
sit-down full-service restaurant with ancillary alcohol service on Main Street is
compatible with permitted uses and other existing restaurant and commercial uses
in the area.
5. Traffic and parking congestion will not
result from the proposed use in that all required parking is proposed to be
located in the subterranean parking area, which is accessed from Bicknell Avenue.
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 Main Street and conditions of approval
have been incorporated to minimize adverse impacts on nearby land uses.
7. No harm to adjacent properties will
result in that the conditions of approval will ensure that the establishment
operates in a manner which protects adjacent neighbors.
8. The proposed use is consistent
with the goals, objectives, and policies of the General Plan, in that Land Use Element Policy 1.5.4 encourages day
and night pedestrian activity along Main
Street through the establishment of uses oriented
to walk-in traffic, such as restaurants.
Through the incorporation of the conditions of approval, the project is
also consistent with Policy 1.2.4, which seeks to mitigate impacts that could
be associated with alcohol outlets and restaurants of 50 seats or more. In addition, Land Use Element Policy 1.6.7 indicates that Main Street should include a variety of
uses including “leisure time opportunities for those living in the surrounding
community and the greater Santa Monica
area…” and that such uses include “small restaurants.” The addition of a restaurant on Main Street will
provide additional dining opportunities for residents and visitors and
encourage pedestrian activity on the north end of Main Street within the evening
hours.
CONDITIONS OF
APPROVAL:
PLANNING AND COMMUNITY DEVELOPMENT
Project Specific Conditions
1.
This
approval is for a Type 47 (On-Sale General Eating Place) alcohol license
only. Any request to modify the license
type shall require approval from the Planning Commission.
2.
The
permitted hours open for business to the public shall be from 7 a.m. through 11:00
p.m. Sunday through Thursday, and 7 a.m. through 12:00 a.m. on Friday and
Saturday. Complete closure and all employees must vacate the premises by 12:30
a.m. Sunday through Thursday and 1:30 a.m. Friday and Saturday nights. No
exterior activity such as trash disposal, deliveries or other maintenance
activity generating noise audible from the exterior of the building shall occur
during the period from 2:00 a.m. to 8:00 a.m. Monday through Friday and 2:00
a.m. to 9:00 a.m. on Saturday and Sunday.
No employees may occupy the building between 3:00 a.m. and 8:00 a.m. No
after hours operation shall be permitted.
3.
Seating
arrangements for sit-down patrons shall not exceed 97 seats. The
breakdown of seats shall be 71 indoor seats, 19 outdoor seats, and seven bar
seats.
4.
No more
than 35% of total gross revenues per year shall be from alcohol sales. The operator shall maintain records of gross
revenue sources which shall be submitted annually to the City of Santa Monica City Planning Division at the beginning of
the calendar year and also available to the City of Santa Monica and the State ABC upon request.
Alcohol Outlet Conditions
5.
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.
6.
No
alcoholic beverage shall be sold for consumption beyond the premises.
7.
The
establishment shall maintain a kitchen or food-serving area in which a variety
of food is prepared and cooked on the premises.
8.
The
establishment shall serve food to patrons during all hours the establishment is
open for customers.
9.
Customers
shall be permitted to order meals at the bar at all times the bar or restaurant
is open for business.
10.
Any
minimum purchase requirement may be satisfied by the purchase of beverages or
food.
11.
Take
out service shall be only incidental to the primary sit-down use.
12.
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.
13.
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.
14.
Prior
to final inspection or commencement of alcohol service, 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.
15.
Prior
to final inspection or commencement of alcohol service, 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.
16.
Except
for special events, alcohol shall not be served in any disposable container
such as disposable plastic or paper cups.
17.
No
dancing or live entertainment beyond that allowed in the restaurant definition
contained in the Zoning Ordinance shall be permitted on the premises.
18.
No
video or other amusement games shall be permitted on the premises.
19.
Window
or other signage visible from the public right-of-way that advertises beer or
alcohol shall not be permitted.
20.
Applicant
is on notice that all temporary signage is subject to the restrictions of the
City sign ordinance.
21.
The
project shall at all times comply with the provisions of the Noise Ordinance
(SMMC Chapter 4.12).
22.
Applicant
is on notice that all temporary signage is subject to the restrictions of the
City sign ordinance.
Administrative
23. The Planning Commission’s approval,
conditions of approval, or denial of this application may be appealed to the
City Council if the appeal is filed with the Zoning Administrator within
fourteen consecutive days following the date of the Planning Commission’s
determination in the manner provided in Part 9.04.20.24, Sections
9.04.20.24.010 through 9.04.20.24.040. Any appeal must be made in the form
required by the Zoning Administrator. The approval of this permit shall expire
if the rights granted are not exercised within eighteen (18) months from the
permit’s effective date. Exercise of rights shall mean actual
commencement of the use granted by the permit.
One six month extension may be permitted if approved by the Director of
Planning. Applicant is on notice that
time extensions shall not be granted if development standards or development
process 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.
24. 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.
25. 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.
26. Prior to issuance of a Final Inspection the applicant shall post a notice at
the building entry stating that the site is regulated by a Conditional Use
Permit and the Statement of Official Action, which includes the establishment’s
conditions of approval, is available upon request. This notice shall remain posted at all times
the establishment is in operation.
27. 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.
28. 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.
29.
Applicant is advised that projects in the California Coastal Zone may need
approval of the California Coastal Commission prior to issuance of any building
permits by the City of Santa Monica. Applicant is responsible for obtaining any
such permits.
Conformance with Approved Plans
30. This approval is for those plans dated May
16. 2007, 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.
31. Minor amendments to the plans shall be subject to approval by the Director of
Planning. An increase of more than 10%
of the square footage, and increase of seating, or a significant change in the
approved concept shall be subject to Planning Commission Review. Construction shall be in substantial
conformance with the plans submitted or as modified by the Planning Commission,
Architectural Review Board, or Director of Planning. No expansion in number of seats, intensity of
operation, or outdoor areas shall occur without prior approval from the City of
Santa Monica
and State ABC.
32. The Plans shall comply with all other
provisions of Article IX of the Municipal Code, (Zoning Ordinance) and all
other pertinent ordinances and General Plan policies of the City of Santa Monica.
Construction Plan Requirements
33. 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 indoors
which may be heard outdoors.
34. Any
new restaurant at the site with greater than 50 seats is required to install a
grease interceptor with 1,000 gallons minimum static holding capacity in order
to pre-treat sewered grease. 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.
Standard Conditions
35. 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.
VOTE
Ayes:
Nays:
Abstain:
Absent:
NOTICE
If this is a final decision not subject to
further appeal under the City of Santa
Monica Comprehensive Land Use and Zoning Ordinance,
the time within which judicial review of this decision must be sought is
governed by Code of Civil Procedure Section 1094.6, which provision has been
adopted by the City pursuant to Municipal Code Section 1.16.010.
I hereby
certify that this Statement of Official Action accurately reflects the final
determination of the Planning Commission of the City of Santa Monica.
_____________________________ _____________________________
Gwynne Pugh, Chairperson Date
Acknowledgement by Permit Holder
I
hereby agree to the above conditions of approval and acknowledge that failure
to comply with such conditions shall constitute grounds for potential
revocation of the permit approval.
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Print Name and Title
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Applicant’s Signature
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ATTACHMENT C
PUBLIC NOTIFICATION
INFORMATION AND PUBLIC NOTICE
Pursuant to Municipal Code Section 9.04.20.20.080 and in accordance with
the posting requirements set forth by the Zoning Administrator, prior to
application filing the applicant posted a sign on the property regarding the
subject application. At least 8 weeks prior
to the public hearing date, the applicant submitted a photograph to verify the
site posting and to demonstrate that the sign provides the following
information: Project case number, brief
project description, name and telephone number of applicant, site address,
date, time and location of public hearing, and the City Planning Division phone
number. It is the applicant's
responsibility to update the hearing date if it is changed after posting.
In addition, 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.
On April 30, 2007, the applicant/appellant was notified by phone of the
subject hearing date.
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The applicant provided the
following information regarding attempts to contact area property owners,
residents, and recognized neighborhood associations:
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Neighborhood Group
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No contact information provided.
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Adjacent Neighbors
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Community Meetings
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Other:
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NOTICE OF A PUBLIC HEARING
BEFORE THE SANTA MONICA PLANNING COMMISSION
SUBJECT: Conditional Use Permit 07-002
2000
Main Street
APPLICANT:
LGO Hospitality,
LLC
PROPERTY
OWNER: Archstone Smith Operating
Trust
A public hearing will be held by the Planning Commission to consider the
following request:
The applicant is requesting a Conditional Use Permit (CUP) to allow the
on-site sale of beer, wine, and distilled spirits in conjunction with a new
97-seat restaurant (La Grande Orange) located in the CM-3 (Main Street Special
Commercial) zoning district. The
proposed restaurant will occupy a 4,263 square foot tenant space with a Main Street
frontage of 120 linear feet. The restaurant
is part of a four-story mixed-use building currently under construction
(Archstone Main Street Apartments). According
to Santa Monica Municipal Code (SMMC) Section 9.04.08.28.040(x), a CUP is
required for uses in the CM district with more than 75 linear feet of Main
Street frontage, Section 9.04.08.28.040(p) requires a CUP for restaurants in
the CM district of fifty seats or greater, and SMMC Section 9.04.10.18.020
requires a CUP for the on-site sale and dispensation of alcoholic beverages.
DATE/TIME: WEDNESDAY, MAY 16, 2007, AT 7:00
p.m.
LOCATION: City Council Chambers, Second
Floor
Santa Monica City Hall
1685 Main Street, Santa Monica,
California
HOW TO COMMENT
The City of Santa Monica
encourages public comment. You may comment at the Planning Commission public
hearing, or by writing a letter. Written information will be given to the
Planning Commission at the meeting.
Address your
letters to: Ariel
Socarras, Contract Planner
Re:
07CUP-002
City
Planning Division
1685 Main Street,
Room 212
Santa Monica, CA
90401
MORE INFORMATION
If you want more information about this project or wish to review the
project file, please contact Ariel Socarras at (310) 458-8341, or by e-mail at
ariel.socarras@smgov.net. The Zoning Ordinance is available at the Planning
Counter during business hours and on the City’s web site at www.santa-monica.org.
The meeting facility is wheelchair accessible. For disability-related
accommodations, please contact (310) 458-8341 or (310) 458-8696 TTY at least 72
hours in advance. All written materials are available in alternate format upon
request. Santa Monica Big Blue Bus Lines numbered 1, 2, 3, 5, 7, 8, 9, and 10
serve City Hall.
Pursuant to California Government Code Section 65009(b), if this matter
is subsequently challenged in Court, the challenge may be limited to only those
issues raised at the public hearing described in this notice, or in written
correspondence delivered to the City of Santa
Monica at, or prior to, the public hearing.
ESPAÑOL
Esto es una noticia de una audiencia pública para revisar applicaciónes
proponiendo desarrollo en Santa Monica. Si deseas más información, favor de llamar a Carmen Gutierrez en la División de Planificación al
número (310) 458-8341.
APPROVED AS TO FORM:
___________________________
Amanda Schachter
Planning Manager