Santa Monica, California
Planning Commission Mtg: March 1, 1995
TO: The Honorable Planning Commission
FROM: Planning Staff
SUBJECT: Approval of Findings and Conditions for Conditional Use
Permit 94-025 (Amendment to CUP 93-020), VAR 94-027, PSP
94-005
Address: 101 Broadway
Applicant: Extrablatt 2 Cafe/Restaurant
INTRODUCTION
Action: Approval of findings and conditions for Conditional Use
Permit, Variance and Performance Standards Permit to allow the
outdoor dining expansion of an existing restaurant with a Type 47
(On-Sale General for Bona Fide Public Eating Place) alcohol
license.
Recommendation: Approval.
Permit Streamlining Expiration Date: July 26, 1995
Background
On February 8, 1995, the Planning Commission reviewed the
proposed Conditional Use Permit, Variance and Performance
Standards Permit to allow outdoor dining at the subject
establishment. Because the Commission's action was different
than the staff recommendation, staff was directed to return to
the Commission with findings and conditions for approval.
RECOMMENDATION
It is recommended that the Planning Commission approve
Conditional Use Permit 94-025 (Amendment to CUP 93-020), VAR 94-
027, PSP 94-005 based on the following findings and conditions:
PERFORMANCE STANDARDS PERMIT FINDINGS
1. The proposed use is listed as a use permitted pursuant to
performance standards contained in Chapter 10 of the City
of Santa Monica Comprehensive Land Use and Zoning
Ordinance, in that the proposed use is a sidewalk cafe as
permitted by SMMC Section 9.04.12.120.
2. The proposed use conforms precisely to the performance
standards for the proposed use as outlined in Chapter 10 of
the City of Santa Monica Comprehensive Land Use and Zoning
Ordinance, in that the requirements of SMMC Section
9.04.12.120 are incorporated as conditions herein.
3. 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 design meets
the established Ocean Avenue Outdoor Dining Standards and
is in an area characterized by outdoor dining facilities
and other pedestrian-oriented features.
VARIANCE FINDINGS
1. There are special circumstances or exceptional
characteristics applicable to the property involved,
including size, shape, topography, location, or
surroundings, or to the intended use or development of the
property that do not apply to other properties in the
vicinity under an identical zoning classification, in that
the property is in a pedestrian-oriented area, within one-
half block of the Parking Assessment District where there
is a surplus in the public parking structures of 1020
parking spaces during peak weekend hours and 1485 parking
spaces during peak weekday hours, and that it is near
residential and hotel uses along Ocean Avenue and major
public transportation corridors.
2. The granting of such variance will not be detrimental or
injurious to the property or improvements in the general
vicinity and district in which the property is located, in
that the property is within one-half block of the Parking
Assessment District where there is a surplus of available
parking in both the public parking structures and private
parking facilities; furthermore, in that no increase in the
number of seats will be permitted under the terms of this
variance, it should not result in an increase in the demand
for parking in the vicinity.
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 an outdoor dining area, which serves
downtown workers as well as nearby residents, would not be
possible at this location without a parking variance.
4. The granting of a variance will not be contrary to or in
conflict with the general purposes and intent of this
Chapter, or to the goals, objectives and policies of the
General Plan, in that outdoor dining at a restaurant
serving downtown workers, residents and visitors is an
appropriate use in the RVC District, and, by creating
activity and visual interest, the proposed outdoor dining
area will have a positive effect on the pedestrian
atmosphere of the Ocean Avenue streetscape in a manner
consistent with Land Use and Circulation Element Policy
1.5.4 which states that the City shall promote "active uses
oriented to walk-in traffic, especially retail and
commercial recreation, small inns and restaurants" along
Ocean Avenue.
5. The variance would not impair the integrity and character
of the district in which it is to be located, in that this
property is located in a pedestrian oriented area drawing
patrons from the downtown commercial district, from
visitors to Palisades Park and the Santa Monica Pier, and
from nearby hotel and residential areas.
6. The subject site is physically suitable for the proposed
variance, in that the property is completely built out and
there is no available space on this property in which to
locate parking, and that surplus parking is available in
both public and private parking facilities located in the
Downtown Parking Assessment District, the boundaries of
which commence less than one-half block from the subject
site.
7. There are adequate provisions for water, sanitation, and
public utilities and services to ensure that the proposed
variance would not be detrimental to public health and
safety, in that this property is located in the RVC
District and all public utilities and services are
available.
8. There will be adequate provisions for public access to
serve the subject variance proposal, in that the property
is located on the corner of Ocean Avenue and Broadway,
which are both served by public transportation.
9. The strict application of the provisions of Chapter 10 of
the City of Santa Monica Comprehensive Land Use and Zoning
Ordinance would result in unreasonable deprivation of the
use or enjoyment of the property, in that outdoor dining
which would serve the downtown workers, beach visitors, and
nearby residents would not be able to be located at the
subject site without this parking variance.
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 an expansion of alcohol
service at an existing restaurant with alcohol service is a
conditionally permitted use.
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 proposal conforms to Ocean Avenue
Outdoor Dining Standards and, by adding visual interest and
activity to the streetscape, will contribute to the
pedestrian-friendly quality of the area.
3. The subject parcel is physically suitable for the type of
land use being proposed, in that the outdoor dining would
be located on an existing sidewalk adjacent to an existing
structure at the same grade.
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 outdoor dining will be adjacent
to an existing restaurant facility as required by the Ocean
Avenue Outdoor Dining Standards.
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
outdoor dining is permitted on Ocean Avenue and is
complementary to the pedestrian character of the area.
6. There are adequate provisions for water, sanitation, and
public utilities and services to ensure that the proposed
use would not be detrimental to public health and safety,
in that the subject site is fully developed with access to
public utilities and services.
7. Public access to the proposed use will be adequate, in that
the outdoor dining would be located on a public sidewalk at
the intersection of two public streets.
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 outdoor dining
complies with the Ocean Avenue Outdoor Dining Standards.
9. The proposed use is consistent with the goals, objectives,
and policies of the General Plan, in that outdoor dining is
consistent with Land Use and Circulation Element Policy
1.5.4 to encourage day and night pedestrian activity "by
requiring active uses oriented to walk-in traffic,
especially retail and commercial recreation, small inns and
restaurants."
10. The proposed use would not be detrimental to the public
interest, health, safety, convenience, or general welfare,
in that it complies with the Ocean Avenue Outdoor Dining
Standards and the Performance Standards required pursuant
to SMMC Section 9.04.12.120.
11. The proposed use conforms precisely to the applicable
performance standards contained in Subchapter 9.04.12 and
special conditions outlined in Subchapter 9.04.14 of the
City of Santa Monica Comprehensive Land Use and Zoning
Ordinance, in that conditions are incorporated herein
adopting the standards set forth in SMMC Section
9.04.12.120.
12. The proposed use will not result in an overconcentration of
such uses in the immediate vicinity, in that there are no
outdoor dining facilities immediately adjacent to the
subject establishment.
ALCOHOL OUTLET FINDINGS
1. The proposed use and location are in accordance with good
zoning practice, in the public interest, and necessary that
substantial justice be done in that the alcohol license
will be for a bona fide restaurant that contains a bar area
which will serve food during all hours of operation, and
that the outdoor dining is located in an area where such
uses are encouraged by Land Use Element policy 1.5.1 of the
General Plan which states that uses should serve visitor
and recreational needs.
2. The proposed use will not adversely affect the welfare of
neighborhood residents in a significant manner in that the
use will be located in a mixed use commercial area and will
be subject to the requirements of the Noise Ordinance.
3. The proposed use will not contribute to an undue
concentration of alcohol outlets in the area in that a
restaurant with a food service counter is not typically
considered to contribute to objectionable problems
associated with alcohol outlets, that the area is in the
downtown portion of Santa Monica which is frequented by
large numbers of local residents as well as office workers,
shoppers, and visitors from outside the area, and that, per
the Ocean Avenue Outdoor Dining Standards the outdoor
seating area shall close when the establishment's kitchen
closes. Furthermore, this type of outlet has not
contributed significantly to alcohol related problems in
the area.
4. The proposed use will not detrimentally affect nearby
neighborhoods considering the distance of the alcohol
outlet to residential buildings, churches, schools,
hospitals, playgrounds, parks, and other existing alcohol
outlets in that the conditions for approval, such as the
requirement that alcohol be served with food, will minimize
the potential effects on residential and recreational uses
in the vicinity.
5. The proposed use is compatible with existing and potential
uses within the general area in that the outdoor dining is
in a commercial district, and a restaurant with an alcohol
license is compatible with permitted uses.
6. Traffic and parking congestion will not result from the
proposed use in that, pursuant to VAR 94-027, the Planning
Commission has found that a variance to standard parking
requirements is warranted in this case.
7. The public health, safety, and general welfare are
protected in that the project is consistent with the
provisions of the Zoning Ordinance and the Land Use Element
of the General Plan.
8. No harm to adjacent properties will result in that the
conditions of approval will ensure that the establishment
operates as an outdoor dining area ancillary to an existing
restaurant.
9. The proposed use is consistent with the objectives of the
General Plan in that the Land Use Element of the General
Plan designates the area as the Special Oceanfront District
which encourages uses that serve the visitor/recreational
population.
CONDITIONS OF APPROVAL
1. This approval is for those plans dated 2-1-95, a copy of
which shall be maintained in the files of the Planning and
Zoning Division. Project development shall be consistent
with such plans, except as otherwise specified in these
conditions of approval.
2. The Plans shall comply with all other provisions of Chapter
1, Article IX of the Municipal Code, (Zoning Ordinance) and
all other pertinent ordinances and General Plan policies of
the City of Santa Monica.
Architectural Review Board
3. Prior to consideration of the project by the Architectural
Review Board, the applicant shall review disabled access
requirements with the Building and Safety Division and make
any necessary changes in the project design to achieve
compliance with such requirements. The Architectural
Review Board, in its review, shall pay particular attention
to the aesthetic, landscaping, and setback impacts of any
ramps or other features necessitated by accessibility
requirements.
4. Plans for final design, landscaping, screening, trash
enclosures, and signage shall be subject to review and
approval by the Architectural Review Board.
5. New refuse areas, storage areas and mechanical equipment
shall screened in accordance with SMMC Section
9.04.10.02.130-90.04.10.02.150. Refuse areas shall be of a
size adequate to meet on-site need, including recycling.
The Architectural Review Board in its review shall pay
particular attention to the screening of such areas and
equipment. Any rooftop mechanical equipment shall be
minimized in height and area, and shall be located in such
a way as to minimize noise and visual impacts to
surrounding properties. Unless otherwise approved by the
Architectural Review Board, rooftop mechanical equipment
shall be located at least five feet from the edge of the
roof.
Construction
6. A sign shall be posted on the property in a manner
consistent with the public hearing sign requirements which
shall identify the address and phone number of the owner
and/or applicant for the purposes of responding to
questions and complaints during the construction period.
Said sign shall also indicate the hours of permissible
construction work.
7. A copy of these conditions shall be posted in an easily
visible and accessible location at all times during
construction at the project site. The pages shall be
laminated or otherwise protected to ensure durability of
the copy.
Environmental Mitigation
8. Ultra-low flow plumbing fixtures are required on all new
development and remodeling where plumbing is to be added.
(Maximum 1.6 gallon toilets and 1.0 gallon urinals and low
flow shower head.)
Validity of Permits
9. 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.
10. Within ten days of Planning and Zoning Division transmittal
of the approved Statement of Official Action, project
applicant shall sign and return a copy of the Statement of
Official Action prepared by the Planning and Zoning
Division, agreeing to the Conditions of approval and
acknowledging that failure to comply with such conditions
shall constitute grounds for potential revocation of the
permit approval. By signing same, applicant shall not
thereby waive any legal rights applicant may possess
regarding said conditions. The signed Statement shall be
returned to the Planning and Zoning Division. Failure to
comply with this condition may constitute grounds for
potential permit revocation.
11. Within thirty (30) days after final approval of the
project, a sign shall be posted on site stating the date
and nature of the approval. The sign shall be posted in
accordance with the Zoning Administrator guidelines and
shall remain in place until a building permit is issued for
the project. The sign shall be removed promptly when a
building permit is issued for the project or upon
expiration of the Conditional Use Permit.
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. Mechanical equipment shall not be located on the side of
any building which is adjacent to a residential building on
the adjoining lot. Roof locations may be used when the
mechanical equipment is installed within a soundrated
parapet enclosure.
14. 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.
15. Final building plans submitted for approval of a building
permit shall include on the plans a list of all permanent
mechanical equipment to be placed outdoors and all
permanent mechanical equipment to be placed indoors which
may be heard outdoors.
ALCOHOL OUTLET CONDITIONS
1. The restaurant shall not serve alcoholic beverages in the
food service bar area after midnight but may continue to
sell alcoholic beverages in the dining area.
2. The owner shall prohibit loitering in the adjacent sidewalk
area and shall control noisy patrons leaving the
restaurant.
3. 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 (including patrons
utilizing the food service bar).
5. The premises shall maintain a kitchen or food-serving area
in which a variety of food is prepared and cooked on the
premises.
6. The premises shall serve food to patrons during all hours
the establishment is open for customers.
7. Seating arrangements for sit-down patrons shall not exceed
113 seats. Food service bar area seating shall not exceed
17 seats; restaurant seating, including the outdoor dining
area, shall not exceed 96 seats.
8. Take out service shall be only incidental to the primary
sit-down use.
9. No alcoholic beverage shall be sold for consumption beyond
the premises.
10. No dancing or live entertainment shall be permitted on the
premises.
11. Permitted hours of alcohol service shall be 9:00 a.m. to
1:00 a.m. Sunday-Thursday, and 9:00 a.m. to 2:00 a.m.
Friday and Saturday.
12. Prior to issuance of a Certificate of Occupancy, or a
business license, as applicable, a security plan shall be
submitted to the Chief of Police for review and approval.
The plan shall address both physical and operational
security issues.
13. Prior to issuance of a Certificate of Occupancy, or a
business license, as applicable, the operator shall submit
a plan for approval by the Director of Planning regarding
employee alcohol awareness training programs and policies.
The plan shall outline a mandatory alcohol awareness
training program for all employees having contact with the
public and shall state management's policies addressing
alcohol consumption and inebriation. The operator shall
provide City with an annual compliance report regarding
compliance with this condition. This project shall be
subject to any future City-wide alcohol awareness training
program condition affecting similar establishments. The
plan shall also set forth a "designated driver" program,
which shall be offered by the operator of the establishment
to patrons.
14. Minor amendments to the plans shall be subject to approval
by the Director of Planning. An increase of more than 10%
of the square footage or a significant change in the
approved concept shall be subject to Planning Commission
Review. Construction shall be in substantial conformance
with the plans submitted or as modified by the Planning
Commission, Architectural Review Board, or Director of
Planning. No expansion in number of seats, intensity of
operation, or outdoor areas shall occur without prior
approval from the City of Santa Monica and State ABC.
15. Except for special events, alcohol shall not be served in
any disposable container such as disposable plastic or
paper cups.
16. No video or other amusement games shall be permitted on the
premises.
17. Any minimum purchase requirement may be satisfied by the
purchase of beverages or food.
18. No more than 35% of total gross revenues per year shall be
from alcohol sales. The operator shall maintain records of
gross revenue sources which shall be available to the City
of Santa Monica and the State ABC upon request.
19. 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.
20. This permit shall expire one year from the effective date
of approval unless required ABC permits are obtained. One
ninety (90) day extension of the one year period may be
permitted if approved by the Director of Planning.
Applicant is on notice that an extension may not be granted
if development standards relevant to the project have
changed since project approval.
21. Applicant is on notice that all temporary signage is
subject to the restrictions of the City sign ordinance.
22. The 17-seat food service bar (as shown on plans dated
November 8, 1993) shall be primarily for the service of
food only. Alcohol may only be sold at this bar to patrons
who are also purchasing food. No alcohol shall be served
at the food service bar after 12:00 a.m. No alcohol
products shall be displayed at the food service bar.
23. The restaurant will be required to install an interceptor
with 1,000 gallons minimum holding capacity. The General
Services 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.
PERFORMANCE STANDARDS PERMIT/ OUTDOOR DINING CONDITIONS
1. The proposed outdoor dining shall be conducted as an
accessory use to a legally established restaurant or other
eating and drinking establishment that is located on a
contiguous adjacent parcel.
2. A License Agreement shall be approved in a form required by
the City.
3. If barriers are provided, they shall be in the manner
required by the City.
4. Awnings or umbrellas may be used in conjunction with the
outdoor dining, but there shall be no permanent roof or
shelter over the sidewalk cafe area. Awnings shall be
adequately secured, retractable, and shall comply with the
provisions of the Uniform Building Code adopted by the
City.
5. The furnishings of the interior of the sidewalk cafe shall
consist only of movable tables, chairs and umbrellas.
Lighting fixtures may be permanently affixed onto the
exterior front of the principal building.
6. No structure or enclosure to accommodate the storage of
trash or garbage shall be erected or placed on, adjacent
to, or separate from the sidewalk cafe on the public
sidewalk or right-of-way. Sidewalk cafes shall remain
clear of litter at all times.
7. The hours of operation of the sidewalk cafe shall be
limited to the hours of operation of the associated
restaurant.
8. The proposed planting material adjacent to the outdoor
dining area shall not exceed 3'6" in height.
9. The establishment shall comply with all requirements of the
Ocean Avenue Outdoor Dining Standards.
Prepared by: Drummond Buckley, Associate Planner