Item 8-A
Planning Commission Mtg: April 16, 1997 Santa Monica, CA
TO: The Honorable Planning Commission
FROM: Planning Staff
SUBJECT: Development Review 96-001, Conditional Use Permit 96-011, Conditional Use Permit 97-004, Variance 96-001,
General Plan Amendment 96-001, and Text Amendment 96-003.
Address: 2415-2449 Main Street
Applicant: Edgemar Development and the Loretta Theater
INTRODUCTION
Action: Application for Development Review 96-001 and
Conditional Use Permit 96-011 to amend existing conditions of
approval and to permit a change in use from museum space to live
performance theater space with a maximum of two artist studios;
to allow outdoor restaurant seating with alcohol sales; and to
allow an increase in the total number of restaurant seats from 75
to 101. In addition, Conditional Use Permit 97-004 is to allow
a live performance theater complex with 164 seats (theaters with
more than 75 seats in the CM District require a CUP); Variance
96-001 is to permit the new uses with the provision of 26 rather
than the Code required 47 parking spaces based on a shared use
parking analysis; General Plan Amendment 96-001 is to change the
land use designation for the portion of the property currently
zoned residential (from medium density residential to service and
specialty commercial); and Text Amendment 96-003 is to amend the
Official City Districting Map (from OP2, Low Density Multi-Family
Residential to CM2, Main Street Commercial).
Recommendation: Approval in part, Development Review 96-001,
Conditional Use Permit 96-011, with conditions; Approval,
Conditional Use Permit 97-004, with conditions; Approval,
Variance 96-001, with conditions; and recommendation to the City
Council to approve General Plan Map Land Use Designation and
Official City Districting Map Amendments.
Permit Streamlining Expiration Date: DR 96-001, CUP 96-011,
and Variance 96-001: June 18, 1997, CUP 97-004: September 7,
1997, GPA 96-001, TA 96-003: None
SITE LOCATION AND DESCRIPTION
The subject property is a 50,000 square foot parcel located on
the east side of Main Street between Hollister Avenue and Ocean
Park Boulevard, with a frontage of 250 feet along both Main and
Second Streets. The Main Street frontage is zoned CM2; the
Second Street frontage is zoned OP2. Surrounding uses consist of
one and two-story commercial and residential development to the
north and south; one and two-story commercial development to the
west; and one, two and three-story single and multi-family
residential uses to the east along Second Street. Current on-site uses include the Santa Monica Museum of Art, an ice cream
shop, a hair salon, clothing stores, a lighting store, a
bookstore, a museum shop, gallery spaces, and general office
space.
Zoning Districts: CM2 (Main Street Special Commercial
District)
OP2 (Ocean Park Low Multiple Residential
District)
Land Use Districts: Main Street Commercial, Medium Density
Residential
Parcel Area: 50,000 square feet
PROJECT DESCRIPTION
The applicant requests the following approvals:
1. Convert the existing museum space into two live theater
performance spaces with 65 seats, and 99 seats,
respectively. A DR and a CUP are required to amend the
existing project conditions of approval to allow a change
in use from museum to theater. A CUP is also required for
theaters with more than 75 seats in the CM district.
The proposed theaters would be located in the building now
occupied by the Santa Monica Museum of Art. Although the primary
use of the theaters would be live theatrical performances,
performances of musical theater, movement or dance, films,
lectures, conferences, poetry readings, and workshops are also
part of this request. The Code allows theaters with 75 or less
seats as a permitted use, so long as it is a single use occupying
less than 7500 sq.ft., and requires a CUP for theaters with more
than 75 seats. Each theater would be less than 7500 sq. ft. in
size, with a combined total of 8720 sq. ft, including the lobby,
seating, backstage, costume, bathroom & mezzanine areas. Seats
for the 99-seat theater would be affixed to movable platforms,
while the 65-seat theater would not contained fixed seating.
Proposed operating hours are 7:30 p.m. through 11:00 p.m. Mondays
through Fridays; 1:30 p.m. through 11:00 p.m. on Saturdays; and
1:30 p.m. through 10:00 p.m. on Sundays. Rehearsals and
workshops are proposed for the hours of 10:00 a.m. through 11:00
p.m. Monday through Friday; 10:00 a.m. through 10:00 p.m. on
Saturdays; and 10:00 a.m. through 9:00 p.m. on Sundays. The
theater space will also be available for conferences. No
specific hours have been proposed for this portion of the
request. In addition, the applicant has requested the
flexibility to retain the right to operate a museum at this
location, as well as any other permitted use that would not
impact parking requirements.
2. Allow the addition of two artist studios within the museum
area. A DR and a CUP are required to amend the existing
project conditions of approval to allow a portion of the
museum to be converted to artist studios.
Proposed is 1,568 sq.ft. of ground floor space and 522 sq.ft. of
mezzanine area to be devoted to a maximum of two artist studios.
Artist studios are a permitted use within the CM-2 District.
Living quarters for the artist also may be permitted provided the
area devoted to living quarters does not exceed 50% of the total
studio space. Although floor area is dedicated to artist studio
space on the plans, the exact configuration is not shown. Should
the Commission allow the change of use, a full project
description, including floor plans, would be reviewed by the
Zoning Administrator through an Administrative Approval
application to ensure Code compliance.
3. Allow restaurant seating to increase from 75 to 101 seats.
The applicant proposes to add 14 seats indoors and 12 seats
outdoors as well as to allow alcohol service outdoors for
Rockenwagner Restaurant. In addition, indoor live entertainment
that is incidental to meal service is proposed. Live
entertainment one day per year in the common courtyard is also
requested.
4. Allow a parking variance to permit the proposed new uses
with the use of valet operated stack parking, based upon a
shared parking analysis.
The applicant has submitted a parking study (Attachment G) and a
Valet Parking Management Plan (Attachment H) to demonstrate that
adequate parking exists on-site to support the change from museum
to theater and artist studio use.
5. Amend the Official Districting Map to change a portion of
the project zoning from OP-2, Low Density Multi-Family
Residential to CM-2, Main Street Commercial and change the
land use designation from medium density residential to
service and specialty commercial.
These amendments would ensure that the existing development is
consistent with the site zoning and general plan designation and
would eliminate the existing project condition that requires
periodic extension of the CUP to continue commercial use of the
site.
MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE
The proposed project is consistent with the Municipal Code and in
conformity with the General Plan as shown in Attachment A subject
to the approval of the proposed parking variance, as well as the
City Council approval of the proposed Districting Map and General
Plan Map amendment. The proposed restaurant expansion is
inconsistent with the CM District limitations on maximum
restaurant seating.
CEQA STATUS
The project is categorically exempt from the California
Environmental Quality Act (CEQA) pursuant to Class I (Section
15301(e)) of the State Guidelines in that the addition to the
existing structure would not result in more than 2,500 square
feet of floor area, and that the change of use is a minor
alteration to the project involving limited interior and exterior
modification to the existing structure; and Class 5 in that the
zone change and General Plan land use designation amendment is a
minor land use limitation modification that does not change the
existing use or density on the site.
RENT CONTROL STATUS
The project is not subject to Rent Control.
FEES
The project is subject to a Park and Recreation Facilities Tax of
$200.00 per unit. This fee shall be due and payable at the time
of issuance of a building permit for the construction or
placement of the residential units on the subject lot, and is
subject to the provisions of Section 6.80.010 et. seq. of the
Santa Monica Municipal Code.
PUBLIC NOTIFICATION
Pursuant to Municipal Code Section 9.04.20.20.080, within 30
days after the subject application was deemed complete, the
applicant posted a sign on the property stating 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 Planning and Zoning
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
and Section 9.48.110, notice of the public hearing was mailed to
all owners and residential and commercial tenants of property
located within a 500' radius of the project at least ten
consecutive calendar days prior to the hearing. A copy of the
notices for the original and continued hearing dates are
contained in Attachment C.
Since October 1996, the applicant has noticed and held three
neighborhood meetings regarding the project. In addition,
neighbors have held approximately five additional meetings; at
least two of which were attended by representatives of the
applicant. Issues of neighborhood concern center on noise, odor,
increased traffic and intensification of uses generated from the
project. Comment letters are attached under Attachment I. The
applicant's community liaison has also submitted a packet
summarizing neighborhood meetings and providing copies of
handouts (Attachment J).
ANALYSIS
Background
The Edgemar project was originally approved in 1985 as a mixed-use development including retail, office, residential, and art
museum space. Approval of the project was based on an intent
to revitalize the northern portion of Main Street by providing a
variety of neighborhood commercial, cultural, office and
residential uses on a large parcel of land which had been
occupied by an egg processing plant. In order to accomplish this
objective, the restaurant was permitted to locate on the
residentially zoned portion of the site in that it was considered
vital to the success of the development and would complement the
museum and retail uses. The approval was also based on the
belief that museum patrons would be the primary users of the
restaurant and retail shops. In addition, to enhance the
neighborhood serving component of the project, the applicant
proposed to target the ground floor lease area for uses such as a
market, bakery, or bookstore.
The continued commercial use of the residentially-zoned land
(currently zoned OP-2), was permitted because the property had
been historically used for commercial purposes since at least
1948, and specific conditions were adopted to protect the
adjacent residential neighborhood.
Variances were granted to allow reduced front yard setbacks on
Main Street (a 2-foot front setback was allowed) for the new
construction in order to continue the existing facade setback
line. Varied setbacks on the second and third floors, as well as
the 2,500 sq.ft. central courtyard were required to offset the
reduction approved for the front yard setback.
Staff's review of the current proposal took into consideration
the concerns raised under both the initial and current project
reviews, as many of the issues (noise, traffic, odors, low
intensity of uses) remain the same today. Staff feels that it is
important that the initial reasons for approving this project are
reflected in the proposed requests.
Over the past twelve years, the following discretionary approvals
have been granted for Edgemar:
1985: DR 253, CUP 370, ZA 3831-Y, and EIA 773
These approvals included an Initial Study and adoption of a
Negative Declaration and allowed for renovation of the
existing 20,650 sq.ft. building (the Edgemar Farms Egg
Processing Plant), the removal of three industrial
buildings, and the construction of a new, three-story,
13,900 s.f. building for a mixed-use development including
retail, office, and art museum space.
1988: CUP 502 and TA 88-001
CUP 502: This approval allowed extended operating hours,
and permitted an on-sale beer and wine license
for the restaurant. A deed restriction was
recorded on 11/28/88 incorporating conditions of
approval from DR 253, CUP 370, ZA 4831-Y, and CUP
502. This permit lapsed without being exercised.
TA 88-001: This text amendment modified previous Section
9023.2(b)13 of the Santa Monica Municipal Code
to eliminate the "no seating" restriction in
retail ice cream, yogurt, and frozen dessert
stores, and replacing it with the ability to
have 250 s.f. of seating for these uses. (For
Ben & Jerry's)
1991: CUP 90-065 modified conditions of approval for
CUP 370, (which was still in effect, although no
restaurant was operating at the site), as well
as conditions of approval for CUP 502 to include
increased hours of operation and full alcohol
sales.
Miscellaneous approvals:
Over the years, several Temporary Use Permits (TUPs) have
been granted for the site, mostly for live entertainment.
As part of the current request, the applicant wishes to
incorporate conditions of approval from the TUPs which set
standards for limited live indoor and outdoor
entertainment.
Theater
As proposed, two new theaters would be located within the
existing 7,918 sq. ft. museum space, between Rockenwagner
Restaurant and the common courtyard to the north, and commercial
tenant spaces to the west. The theater space would consist of
6,350 sq.ft. of existing ground floor area plus the addition of
a 2,117 sq.ft. mezzanine and a 253 sq.ft. second floor office.
The theater would use the existing museum entrance, and would
include the addition of a new, 49 sq.ft. box office with a walk-up window just east of the entry. The square-shaped box office
would be set into the building at an angle, projecting into the
courtyard. The museum space would be reconfigured to accommodate
lobby area, Theater A, the 99 seat theater, and Theater B, the 65
seat theater, as well as public restrooms and theater dressing
rooms and other back of house facilities.
The applicant proposes limited utilization of the Second Street
loading area for the theater. As proposed, the theater operator
would be permitted to use the Second Street loading area between
the hours of 10:00 a.m. and 6:00 p.m. Additionally, as proposed,
up to 16 times per year, the theater would be allowed to utilize
the Second Street loading dock until 9:30 p.m. Staff believes
this limitation is appropriate and is more restrictive that the
museum's current allowance for unlimited access to the Second
Street loading dock. Trash pick-up would continue to be
permitted from Second Street. This has been included as
Condition No. 78.
To avoid an over concentration of people in each theater, and
potential increases in theater attendance which would exceed
available parking, Condition No. 68 is proposed to prohibit
ticket sales for "standing room only" performances and limit
tickets to the number of seats in each theater.
The applicant's parking study states that anticipated attendance
for theater workshops would be 40 people. As the application
does not make specific reference to these workshops, staff has
proposed Condition No. 70 to ensure that workshops, conferences,
or any other permitted events do not exceed the maximum theater
seating capacity or theater operating hours.
Artist Studios
A maximum of 2,090 sq. ft. of ground floor and mezzanine areas is
requested for two artist studio spaces. Although the plans
reflect the area devoted to this use, the exact floor space
configuration (including bathrooms, kitchen areas, and the
division of live/work space) has not yet been determined. The
applicant is also requesting that each of the two studios be
provided with access from Second Street. The exact location of
these entry points has not yet been determined and is not
reflected on the plans. These areas, as well as the seating
plans for the theaters, would be subject to Administrative
Approval applications to ensure that the final floor plans and
uses conform to any approvals granted by the Planning Commission.
Additionally, all exterior changes to building facades would be
subject to Architectural Review Board approval.
The applicant has requested that retail sales from artist studios
be permitted a maximum of three days per year. Staff, however,
believes a Temporary Use Permit is the appropriate avenue for
considering this type of request since this type of permit allows
for close review of individual events on a case by case basis.
Condition No. 66 addresses this requirement.
Flexibility of Uses
The applicant would like the Planning Commission to consider
allowing a range of uses to occupy the museum space in order to
provide flexibility in future leasing of the tenant spaces. Under
this proposal, the museum space could continue to be occupied by
a museum, or could be occupied by a theater, retail, or office
use, as long as it is demonstrated that on-site parking is
available. To support this proposal, the applicant's parking
study considered conversion of the museum space into either
retail or office space, together with artist lofts. The study
contends that the existing parking supply would exceed the
anticipated demand for both of these scenarios.
Planning staff, however, does not support his proposal, and
believes the Planning Commission should retain discretionary
authority over the mix of uses permitted on the site. Edgemar
was granted a variety of exemptions from the Code, including a
parking variance and the allowance for commercial use of
residentially zoned property -- an exception this request seeks
to make permanent through a zone change and General Plan Map
amendment. Such allowances can be supported based upon the
ability of Edgemar's unique mix of uses to stimulate activity on
Main Street and serve the surrounding neighborhood. In order to
maintain this mixture of uses, it is important to retain the
standard condition that a substantial change in the approved
concept requires Planning Commission approval.
Restaurant
The existing conditions of approval for Rockenwagner Restaurant
limit seating to 75 seats and prohibit restaurant service in the
outdoor courtyard. A portion of the request for CUP 96-011 is to
amend these conditions to allow 14 additional indoor seats and 12
outdoor seats for a total restaurant capacity of 101 seats.
However, Zoning Ordinance section 9.04.08.270(c) limits
restaurants on the east side of Main Street, north of Ocean Park
Boulevard, to 75 seats or less. Therefore, the requested
restaurant expansion is inconsistent with Zoning Ordinance
requirements and is recommended for denial. This prohibition is
intended to insure adjacent residential uses are adequately
protected from the potential noise and parking impacts of larger
restaurants.
The request for incidental live entertainment is consistent with
the current Zoning Ordinance restaurant definition which permits
entertainment within dining areas when meal service is provided.
No amendment to the restaurant conditions of approval is required
for this indoor entertainment.
The applicant has also requested the approval of live musical
entertainment in the courtyard one day per year during Main
Street's holiday festival. While live entertainment, with
limitations, one day per year is generally not a problematic use,
it is more appropriately reviewed through a Temporary Use Permit
(TUP), rather than a CUP, which allows for the short-term
placement of a particular use or activity. The TUP permits close
review of each event on a case by case basis to ensure
compatibility with surrounding uses, an essential process at the
Edgemar site given its proximity to residential uses. Condition
No. 94 addresses this requirement.
Parking Variance
The existing approvals on this site require 100 parking spaces.
102 spaces are currently provided. As part of the original
approval for Edgemar in 1985, a parking variance was granted
based on a parking study demonstrating that actual usage would be
less intensive than would otherwise be required by strict
application of the Zoning Ordinance.
As demonstrated in the chart below, the applicant's request to
convert the museum space to theater space would result in a
higher parking requirement. Under today's Code, the museum space
requires 26 spaces. The new theater, artist studios, and
restaurant expansion would require 47 spaces. Due to the surplus
of 2 parking spaces on-site, plus the 26 museum spaces, 19
additional parking spaces would be required for the new uses.
Parking Study
The applicant has submitted a parking study to demonstrate that
adequate parking exists on-site to support the mix of uses
proposed. The study is contained in Attachment I. The
applicant's study indicates that a worst-case scenario for
parking would occur on the weekend days between 8:00 p.m. and
9:00 p.m., when both theaters are proposed to operate
simultaneously. Based on the parking demand analysis, a deficit
of 16 spaces would exist on site during this time period.
Through the use of valet operated stack parking during peak
times, 19 additional parking spaces can be provided (15 on the
subterranean level and 4 on the surface lot), for a total of 121
parking spaces. However, since the restaurant expansion cannot
be approved due to the Main Street restaurant seating
limitations, only 17 additional parking spaces are required for
the theaters and artist studios. Therefore, the proposed stack
parking system would provide more on-site spaces than the Code
requires.
The parking study also claims that City Lot 11 (located at the
southeast corner of Hollister Avenue and Neilson Way) is
currently underused, and therefore can accommodate additional
parking generated from Edgemar uses. The Code, however, requires
that property owners provide on-site parking for parking demands
generated by their development. Therefore, Lot 11 should
continue to be used for overflow parking from all adjacent
businesses and should not be a factor in a decision to allow an
intensification of uses at Edgemar.
Parking Conclusions
Staff believes that the parking study adequately demonstrates
that increased parking demands can be met on-site. The valet
parking would occur through the use of 15 stack parking spaces on
the subterranean level of the parking lot, and 4 spaces on the
surface (street) level parking lot. However, Staff does have a
number of concerns regarding the valet operation of the stack
parking system. These concerns include congestion which will
occur while patrons are entering and exiting the site, especially
immediately before and after theater performances. Conditions
No. 56 and No. 71 address these concerns by requiring the
Planning and Community Development Director's approval of a valet
parking management and operation plan prior to building permit
issuance for the theater and by requiring that the performance
start and finish times for each theater be staggered by a minimum
of one hour.
Text Amendment/General Plan Amendment
Included with this proposal is an application to amend the zoning
designation for a portion of the Edgemar Project to render it
consistent with its commercial use. Because a portion of the
project abuts Second Street, one half of the project is currently
zoned for residential use (OP-2), which is inconsistent with the
past and continuing use of the site. This application therefore
requests to: a) amend the City of Santa Monica Official
Districting map to change the zoning of the portion of the
Edgemar Project abutting Second Street, which consists of nine
residentially-zoned (25' wide) lots from OP2 to CM2; and, b)
amend the Santa Monica General Plan Land Use and Circulation map
to change the land use designation of the aforementioned lots
from "Medium Density Residential" to "Service and Specialty
Commercial". The proposed map amendments are contained in
Attachment E.
In accordance with Section 9.04.20.16.020(b)(3), an application
for such an amendment may be initiated by a citizen petition
signed by no less than 50 persons who are property owners or
tenants with the City of Santa Monica. A petition containing 58
signatures was included with this application (Attachment F).
This site has been used for commercial purposes since at least
1948, when it was home to the Edgemar Farms egg processing plant.
Conditional Use Permits granted to date have allowed commercial
use to continue in this residential zone. Zoning for the
property was amended in 1989 when the R3 designations in this
Ocean Park neighborhood were re-zoned to OP-2. At that time,
zoning was reviewed in light of the entire Ocean Park district,
and a separate analysis was not performed for the Edgemar site.
Due to the extensive previous reviews and conditions of approval
for this project as well as the requirement that any substantial
change to the mix of on-site uses be reviewed by the Planning
Commission, staff believes that the request to amend the zoning
and land use designations are appropriate and that the project is
compatible with the surrounding neighborhood.
Neighborhood Compatibility
The proposed project is located in an area surrounded by a mix of
retail, office, and residential uses. The project was originally
conceived as one which would be compatible with Main Street uses
through a mix of neighborhood commercial, cultural, residential
and office uses, and through the revitalization of a large parcel
of land in a vital commercial and residential area of the City.
During its formative stages, it was anticipated by the developer
that the museum space would be run by a non-profit corporation,
and that the museum would eventually purchase the museum space.
In response to the public notice for this project, over 21
opposition letters were received as of the date this Staff Report
was prepared. Many of these letters were written after
attendance at community outreach meetings organized by the
property owner. Concerns range from noise and odor issues;
loading dock delivery times; parking overflow and its effects to
neighbors on Second and Third Streets; and concerns about
intensifications of use which may occur by right as a result of
the proposed zone and land use designation changes. A copy of
these comment letters are attached under Attachment I.
Staff believes existing and proposed conditions of approval
address these concerns. Conditions 46 and 51 address restaurant
odor filtering systems; Conditions 25-28, 32, 53, 62, 75 and 81
address noise issues; Conditions 47, 77, and 78 address loading
and loading dock use; and condition 56 addresses the valet
parking operation and management. In addition, Conditions 4 and
85 state that any change in the mixture of project uses requires
Planning Commission review, insuring that any proposed
intensification of uses is evaluated through a discretionary
process.
CONCLUSION
Staff believes it is appropriate to combine the previous
project's conditions into one master document for this property.
Based on a careful analysis of each request, the applicant's
parking study and presentation of plans, and the concerns of the
neighborhood, Staff recommends partial approval of the requested
actions.
RECOMMENDATION
It is recommended that the Planning Commission take the following
actions:
Approve DR 96-001 and CUP 96-011 to allow conversion of the
museum space into a 65 seat and a 99 seat theater with up
to two artist live/work studios and deny the request for
expanded restaurant seating, live entertainment one day per
year, artist studio sales three days per year, and the
flexibility to permit a variety of uses in the museum space
without further discretionary actions, with the following
findings and conditions; and
Approve CUP 97-004 to allow a 164 seat theater complex,
with the following findings and conditions; and
Approve Variance 96-001, to allow a valet-operated stack
parking system to accommodate parking for the new mix of
uses on-site with the following findings and conditions;
and Recommend approval to City Council of General Plan
Amendment 96-001 to change the land use designation from
medium density residential to service and specialty
commercial and Text Amendment 96-003 to amend the Office
Districting map from OP2, Low Density Multi-Family
Residential, to CM2, Main Street commercial, with the
following findings; and
Approve the following conditions as the comprehensive list
of conditions for the project.
DEVELOPMENT REVIEW FINDINGS
1. The physical location, size, massing, and placement of
proposed structures on the site and the location of
proposed uses within the project are compatible with and
relate harmoniously to surrounding sites and neighborhoods,
in that the project has been previously developed and
conditioned to be consistent with the scale, height,
character and massing of the neighborhood and that the
theater and artist studios as well as the new mezzanine and
second floor office square footage will be accommodated
within the shell of the existing structure. However, the
proposed restaurant expansion is not compatible with the
surrounding site and neighborhood in that a 101 seat
restaurant is inconsistent with Zoning Ordinance Section
9.04.08.28.070(c)(2) which limits restaurants on the east
side of Main Street north of Ocean Park Boulevard to 75
seats. In addition, the proposal to allow a range of uses
to occupy the museum space is not compatible with the
surrounding neighborhood in that it eliminates the
discretion to determine if changes to the mix of the
project uses is compatible with the development's community
serving character. Further, allowance of one live
entertainment event per year and up to three retail sales
events per year in the artists studios is not compatible
with the surrounding neighborhood because such an approval
eliminates the ability to review each event on an
individual basis to ensure adjacent residential uses are
not negatively impacted. Such limited uses should be
reviewed through a Temporary Use Permit.
2. The rights-of-way can accommodate autos and pedestrians,
including parking and access, in that the site is served by
sidewalks for pedestrians, 102 parking spaces are provided
on-site, and 19 additional parking spaces will be provided
through a valet operated stack parking system for those
peak hours which generate additional traffic during the
times that both performance theaters will be in use.
3. The health and safety services (police, fire, etc.) and
public infrastructure (e.g. utilities) are sufficient to
accommodate the new development, in that the subject site
is located in an urbanized area adequately served by
existing infrastructure.
4. The project is generally consistent with the Municipal Code
and General Plan, in that the General Plan and Municipal
Code permit theaters, artist studios, general retail,
restaurant, and general office uses in commercially-zoned
areas and with approval of the proposed General Plan Map
amendment and amendment to the Official Districting Map,
the project complies with all applicable standards.
However, the proposed restaurant expansion to 101 seats is
not consistent with Zoning Ordinance Section
9.04.08.28.070(c)(2) which limits restaurants on the east
side of Main Street north of Ocean Park Boulevard to 75
seats.
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 theaters containing more
than 75 seats is a permitted use in the CM-2 district with
approval of 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 new theater and artist studios
would replace the museum that has been established at this
site for over 10 years and that this new combination of
theater and artist studio use would contribute to the mixed
use environment envisioned for Main Street by adding
residential as well as a small scale community serving
entertainment activity to the Edgemar development.
However, the proposed restaurant expansion to 101 seats
would impair the integrity of the district because Zoning
Ordinance Section 9.04.08.28.070(c)(2) limits restaurants
at this location on Main Street to 75 seats.
3. The subject parcel is physically suitable for the type of
land use being proposed, in that the theater would replace
an existing museum space, would only involve interior
alterations and would provide a leisure-time use for both
surrounding residents and tourists visiting the Main Street
area.
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 theater replaces the museum use
which is similar in nature as it is designed to complement
the neighboring restaurant and retail uses within the
overall development and that the addition of artists
studios to the site enhances the mixed use character of
Edgemar consistent with the purpose of the CM District.
However, the request for one live entertainment event per
year and up to three retail sales events per year in the
artist studios is not compatible with the surrounding
neighborhood because such an approval eliminates the
ability to review each event on an individual basis to
ensure adjacent residential uses are not negatively
impacted. Such limited uses should be reviewed through a
Temporary Use Permit.
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 theater use, like the museum it replaces, encourages
pedestrian activity and traffic, complements the
surrounding commercial and retail uses in the neighborhood,
and, given the 164 seating limitation and conditions
requiring the performance start and finish times to be
staggered by a minimum of one hour, will not adversely
impact the surrounding neighborhood as all parking will be
provided on-site through a valet operated stack parking
system and that the two artists studios will enhance
Edgemar's mixed use component by adding residential uses to
the site.
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 in a developed urban area where
services are provided.
7. Public access to the proposed use will be adequate, in that
the site provides 102 on-site parking spaces, it is in
close proximity to City parking Lot 10A (at the northwest
corner of Hills Street and Neilson Way), Lot 11 (at the
southeast corner of Hollister Avenue and Neilson Way,
across from the project site), and Lot 26 (at the southeast
corner of Strand Street and Neilson Way). The Santa Monica
Municipal Bus Line also services 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 theater and artist
studios will be located in the existing space currently
occupied by a museum access to Second Street will be
limited to loading dock use, emergency access, and artist
studio access, and conditions relating to mechanical and
restaurant equipment installation will control noise at the
site.
9. The proposed use is consistent with the goals, objectives,
and policies of the General Plan, in that Land Use Element
Policy 1.6.7 encourages commercial uses on Main Street that
provide leisure time opportunities for surrounding
residents and area visitors and that the addition of
theaters at the Edgemar site will complement other
commercial activities on-site and in the surrounding area
while also providing a community serving cultural use
within walking distance of the adjacent residential
neighborhood. However, the proposal to allow a range of
uses to occupy the museum space is not compatible with the
surrounding neighborhood in that it eliminates the
discretion to review changes to the mix of project uses to
ensure the community serving character of the development,
which was essential to the original project approval, is
maintained.
10. The proposed 164 seat theater and two artist live/work
studios would not be detrimental to the public interest,
health, safety, convenience, or general welfare, in that
the applicant must comply with the conditions of the
approval including limitations on noise, access to site
from Second Street, and live entertainment, which are
intended to minimize the affect of the use on adjacent
residential neighbors.
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 this use does not require a performance
standard permit, but is required to meet the conditions of
this Conditional Use Permit.
12. The proposed use will not result in an over concentration
of such uses in the immediate vicinity, in that no other
live performance theaters exist on Main Street and the
addition of two artist studios is consistent with the
purpose of the CM District to encourage a mixed use
environment.
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,
in accordance with the parking study provided, the parking
demands for the mix of retail, restaurant, office, and
theater uses, as well as the fluctuation in the hours of
operation for the theaters, will create a lesser parking
demand than that which would ordinarily be required if each
use were to be reviewed individually in accordance with the
City's parking requirements.
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 project would provide for valet operated stack
parking at peak visitor hours, and during theater
operation, and therefore the on-site parking and available
City parking lots will be able to accommodate the parking
needs for the various uses.
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 a parking study has been submitted which
demonstrates that parking can be accommodated on-site
through a valet operated stack parking system.
4. The granting of a variance will not be contrary to or in
conflict with the general purposes and intent of this
Chapter, or to the goals, objectives and policies of the
General Plan, in that the Zoning Ordinance allows variances
to parking standards if certain findings can be made, and
in that a parking study demonstrated that through the use
of valet operated stack parking during peak hours,
adequate parking exists on-site to support the proposed
uses.
5. The variance would not impair the integrity and character
of the district in which it is to be located, in that the
parking study has demonstrated that parking accommodations
can be made on-site through valet operated parking and with
the approval of a valet operation management plan.
6. The subject site is physically suitable for the proposed
variance, in that it is a previously developed parcel with
an existing parking structure.
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 subject site has been previously developed
and contains access to all relative infrastructure
necessary to accommodate the theaters and artist studios
requested.
8. There will be adequate provisions for public access to
serve the subject variance proposal, in that the subject
site is adequately served by existing streets and alley.
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 the community
serving live performance theater and artist's studios would
not be possible without the allowance for valet operated
parking that enables all required parking to be provided
on-site.
Text Amendment and General Plan Amendment Findings
1. The proposed amendment is consistent in principle with the
goals, objectives, policies, land uses, and programs
specified in the adopted General Plan in that amending the
Official Districting Map from OP2 to CM2 and changing the
General Plan Land Use Designation from medium density
residential to service and specialty commercial is
consistent with Land Use Element Objective 1.2 to "ensure
the compatibility of adjacent land uses" in that the site
zoning and land use designation will be consistent with the
current site development and that the CM District is a
mixed use zone designed to encourage development and uses
that are compatible with the surrounding residential area.
In addition, the Zone Change and General Plan Amendment is
consistent with Land Use Element 1.1, which is to "protect
the quality of life in all residential neighborhoods" in
that the amendments ensure the continued use of the site by
projects consistent with the CM District standards which
were developed to encourage a balance between residential
and commercial uses.
2. The public health, safety, and general welfare require the
adoption of the proposed amendment in that the proposed
Zone Change and General Plan Map amendment brings the
Zoning designation for the site into conformance with
existing and historic commercial use of the property.
CONDITIONS
Plans
1. This approval is for those plans dated April 8, 1997, a
copy of which shall be maintained in the City Planning
Division files. Project development shall be consistent
with such plans, except as otherwise specified in these
conditions of approval.
2. The Plans shall comply with all other provisions of Chapter
1, Article IX of the Municipal Code, (Zoning Ordinance) and
all other pertinent ordinances and General Plan policies of
the City of Santa Monica.
3. Prior to building permit issuance for the theater space,
the final parking lot layout (including the provision of
tandem or stack parking spaces for valet parking) and
specifications shall be approved by the Parking and Traffic
Engineer.
4. Minor amendments to the plans shall be subject to approval
by the Director of Planning. An increase of more than 300
sq. ft. or a significant change in the approved concept,
such as a change from the theater use to another use,
shall be subject to Planning Commission Review.
Construction shall be in conformance with the plans
submitted or as modified by the Planning Commission,
Architectural Review Board or Director of Planning.
Restaurant seating may not exceed 75 seats, including any
patio seating areas specifically designated for restaurant
seating.
Architectural Review Board
5. 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.
6. Plans for final design, landscaping, screening, trash
enclosures, and signage shall be subject to review and
approval by the Architectural Review Board.
7. The Architectural Review Board, in its review, shall pay
particular attention to the project's pedestrian
orientation and amenities; scale and articulation of design
elements; exterior colors, textures and materials; window
treatment; glazing; and landscaping.
8. Landscaping plans shall comply with Subchapter 5B
(Landscaping Standards) of the zoning ordinance including
use of water-conserving landscaping materials, landscape
maintenance and other standards contained in the
Subchapter.
9. Refuse areas, storage areas and mechanical equipment shall
screened in accordance with SMMC Section 9.04.10.02.130-9.04.10.02.150. Refuse areas shall be of a size adequate
to meet on-site need, including recycling. The
Architectural Review Board in its review shall pay particu-
lar attention to the screening of such areas and equipment.
Any rooftop mechanical equipment shall be minimized in
height and area, and shall be located in such a way as to
minimize noise and visual impacts to surrounding
properties. Unless otherwise approved by the Architectural
Review Board, rooftop mechanical equipment shall be located
at least five feet from the edge of the roof. Except for
solar hot water heaters, no residential water heaters shall
be located on the roof.
10. Construction period signage shall be subject to the
approval of the Architectural Review Board.
11. As appropriate, the Architectural Review Board shall
require the use of anti-graffiti materials on surfaces
likely to attract graffiti.
Fees
12. The City is contemplating the adoption of a Transportation
Management Plan which is intended to mitigate traffic and
air quality impacts resulting from both new and existing
development. The Plan will likely include an ordinance
establishing mitigation requirements, including one-time
payment of fees on certain types of new development, and
annual fees to be paid by certain types of employers in the
City. This ordinance may require that the owner of the
proposed project pay such new development fees, and that
employers within the project pay such new annual employer
fees related to the City's Transportation Management Plan.
Development applications shall not be subject to the
potential new development fee if no ordinance implementing
such fees has been adopted prior to issuance of a building
permit for the project.
In addition, the applicant has agreed to institute the
following Transportation Demand Management (TDM) measures,
and shall submit a plan outlining these measures to the
Director of Planning and Community Development:
A) Preferential parking shall be provided to persons
arriving in vanpools and carpools.
B) Bicycle racks capable of securing at least seven (7)
bicycles shall be maintained on the project site.
C) Bus passes or tokens shall be made available by the
applicant at half price to employees who utilize public
transportation to and from their place of work.
13. A Park and Recreation Facilities Tax of $200.00 per unit
shall be due and payable at the time of issuance of a
building permit for the construction or placement of the
residential units on the subject lot, per and subject to
the provisions of Section 6.80.010 et. seq. of the Santa
Monica Municipal Code.
Construction
14. Vehicles hauling dirt or other construction debris from the
site shall cover any open load with a tarpaulin or other
secure covering to minimize dust emissions.
15. A construction period mitigation plan shall be prepared by
the applicant for approval by the Department of
Environmental and Public Works Management prior to issuance
of a building permit. The approved mitigation plan shall
be posted on the construction site for the duration of the
project construction and shall be produced upon request.
As applicable, this plan shall 1) Specify the names,
addresses, telephone numbers and business license numbers
of all contractors and subcontractors as well as the
developer and architect; 2) Describe how demolition of any
existing structures is to be accomplished; 3) Indicate
where any cranes are to be located for
erection/construction; 4) Describe how much of the public
street, alleyway, or sidewalk is proposed to be used in
conjunction with construction; 5) Set forth the extent and
nature of any pile-driving operations; 6) Describe the
length and number of any tiebacks which must extend under
the property of other persons; 7) Specify the nature and
extent of any dewatering and its effect on any adjacent
buildings; 8) Describe anticipated construction-related
truck routes, number of truck trips, hours of hauling and
parking location; 9) Specify the nature and extent of any
helicopter hauling; 10) State whether any construction
activity beyond normally permitted hours is proposed; 11)
Describe any proposed construction noise mitigation
measures; 12) Describe construction-period security
measures including any fencing, lighting, and security
personnel; 13) Provide a drainage plan; 14) Provide a
construction-period parking plan which shall minimize use
of public streets for parking; 15) List a designated on-site construction manager; 16) Provide a construction
materials recycling plan which seeks to maximize the
reuse/recycling of construction waste; 17) Provide a plan
regarding use of recycled and low-environmental-impact
materials in building construction; 18) provide a
construction period water runoff control plan.
16. Street trees shall be maintained, relocated or provided as
required in a manner consistent with the City's Tree Code
(Ord. 1242 CCS), per the specifications of the Community
and Cultural Services Division and the Department of
Environmental and Public Works Managemetn. No street tree
shall be removed without the approval of the Community and
Cultural Services Division.
17. A sign shall be posted on the property in a manner
consistent wit teh public hearing sign requiremetns which
shall identify the address adn 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.
18. The property owner shall insure any graffiti on the site is
promptly removed through compliance with the City's
graffiti removal program.
19. 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
20. 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.)
21. To mitigate solid waste impacts, prior to issuance of a
Certificate of Occupancy, restaurant owner shall submit a
recycling plan to the Department of General Services for
its approval. The recycling plan shall include 1) list of
materials such as white paper, computer paper, metal cans,
and glass to be recycled; 2) location of recycling bins; 3)
designated recycling coordinator; 4) nature and extent of
internal and external pick-up service; 5) pick-up schedule.
Miscellaneous Conditions
22. The building address shall be painted on the roof of the
building and shall measure four feet by eight feet (32
square feet).
23. The operation shall at all times be conducted in a manner
not detrimental to surrounding properties or residents by
reason of lights, noise, activities, parking or other
actions.
24. Street and/or alley lighting shall be provided on public
rights of way adjacent to the project if and as needed per
the specifications and with the approval of the
Environmental and Public Works Management Department.
25. Mechanical equipment shall not be located on the side of
any building which is adjacent to a residential building on
the adjoining lot. Roof locations may be used when the
mechanical equipment is installed within a soundrated
parapet enclosure.
26. Final approval of any mechanical equipment installation
will require a noise test in compliance with SMMC section
4.12.040. Equipment for the test shall be provided by the
owner or contractor and the test shall be conducted by the
owner or contractor. A copy of the noise test results on
mechanical equipment shall be submitted to the Community
Noise officer for review to ensure that noise levels do not
exceed maximum allowable levels for the applicable noise
zone.
27. Final building plans submitted for approval of a building
permit shall include on the plans a list of all permanent
mechanical equipment to be placed outdoors and all
permanent mechanical equipment to be placed indoors which
may be heard outdoors.
28. No noise generating compressors or other such equipment
shall be placed adjacent to neighboring residential
buildings.
29. Openable windows shall be provided throughout the project,
in a manner consistent with applicable building code and
energy conservation requirements.
30. Street trees along Main Street and Second Street shall be
maintained, relocated or provided as required in a manner
consistent with City's Tree Code (Ord. 1242 CCS), per the
specifications of the Department of Recreation and Parks
and the Department of General Services. No street tree
shall be removed without the approval of the Department of
Recreations and Parks.
Alcohol Outlet Conditions
31. No bar area shall be developed within the restaurant.
32. The owner shall prohibit loitering in the vicinity of the
restaurant and shall control noisy patrons leaving the
restaurant.
33. The primary use of the premises shall be for sit-down meal
service to patrons. Alcoholic beverages shall only be sold
to those with the intent of purchasing meals.
34. In order to maintain the primary use of the premises for
sit-down meal service, only patrons waiting to be seated
shall be permitted to order alcoholic beverages while
standing in the restaurant.
35. The premises shall maintain a kitchen or food-serving area
in which a variety of food is prepared and cooked on the
premises.
36. The premises shall serve food to patrons during all hours
the establishment is open for customers.
37. Seating arrangements for sit-down patrons shall not exceed
75 seats.
38. Take out service shall be only incidental to the primary
sit down use.
39. No alcoholic beverage shall be sold for consumption beyond
the premises.
40. No dancing shall be permitted on the premises.
41. The restaurant shall have the following permitted operating
hours: 7:30 a.m. to 12:00 a.m. Monday through Thursday,
with last reservations taken for 10:00 p.m.; on Fridays,
from 7:30 a.m. to 1:00 a.m., with last reservations taken
for 11:00 p.m.; on Saturdays, from 9:00 a.m. to 1:00 a.m.,
with last reservations taken for 11:00 p.m.; and on Sundays
from 9:00 a.m. to 12:00 a.m., with last reservations taken
for 10:00 p.m. On New Year's Eve, last reservations taken
shall be for 11:00 p.m., and closing shall be at 1:00 a.m.
42. No expansion in number of seats or intensity of operation
shall occur without prior approval from the City of Santa
Monica and State Alcohol Beverage Control.
43. The restaurant shall be operated in accordance with a
security plan approved by the Chief of Police.
44. The restaurant shall comply with a plan approved by the
Director of Planning regarding employee alcohol awareness
training programs and policies, including a designated
driver program.
45. The applicant shall comply with all legal requirements
regarding provisions for the disabled, including those set
forth in the California Administrative Code, Title 24, Part
2.
46. Prior to issuance of a building permit, the Building and
Safety Division shall review the proposed odor filtering
system for its adequacy.
47. Restaurant deliveries shall occur only via Main Street. No
use of Second Street for deliveries or customer access
shall occur.
48. Alcohol shall not be served in any disposable container
such as disposable plastic or paper cups.
49. No video or other game machines shall be permitted on the
premises.
50. Within thirty (30) days from date of approval (if approved)
the applicant shall provide a copy of the Statement of
Official Action for this approval to the local office of
the State Alcoholic Beverage Control department.
51. Fans and louvers for restaurant mechanical equipment,
including the odor filtering system, shall be directed
towards Main Street and shall comply with the City's noise
ordinance. The odor filtering system shall be required to
be installed in conjunction with restaurant operation.
52. Deliveries to the restaurant and trash pickup and recycling
for the restaurant shall only be permitted between 8:30
a.m. and 5:00 p.m. Monday through Friday, and between 10:00
a.m. and 5:00 p.m. Saturday and Sunday. Trash shall only be
transferred from the restaurant to the exterior dumpsters
between 9:00 a.m. and 11:00 p.m. Dumpsters or other
exterior trash containers shall have rubberized lids.
Restaurant dumpsters shall be locked after 11:00 p.m.
53. The operation shall at all times be conducted in a manner
not detrimental to surrounding properties or residences by
reason of lights, noise, activities, parking, or other
actions. Failure by the applicant to control any excessive
noise by restaurant patrons may be grounds for revocation
of this approval.
54. This approval is for a Type 47 alcohol license.
Parking
55. Parking lot illumination shall be provided and maintained.
56. Prior to building permit issuance for the theater, the
applicant shall submit a plan to the Director of Planning
and Community Development for review and approval of the
valet parking and management program. If the Director
determines that additional review is required, the plan
shall return to the Planning Commission for a public
hearing. This plan shall include, but not be limited to,
the following:
A) Valet parking shall be provided after 7:00 pm daily and
anytime the theater space is in operation for
performances or workshops.
B) A sign shall be posted that valet parking is available
for patrons of the Edgemar complex after 7:00 p.m.
C) A charge may be levied for valet parking.
D) The valet service shall not park cars on the surface
parking lot after 9:00 p.m., with the exception of vans
and vehicles for disabled patrons.
E) The valet service shall not set car alarms. The valets
shall meet vehicles at Main Street and return them at
Main Street.
F) Valet service shall not interrupt pedestrian flow in
front of the project by blocking the sidewalk.
G) The valet service shall close off parking on the surface
parking lot by a system of sawhorses or other
substantial deterrent to parking after 9:00 pm. (Cones
are deemed not to be substantial.)
I) The valet service shall not back vehicles down the
street.
J) There will be at least 3 valet spaces for vehicle pick-up, 2 spaces for dropping off cars, and 1 space for
pickup located on the project site.
K) Staff shall review valet service regarding compliance
with these conditions after the theater has been in
operation for six months.
L) A minimum of a 4 valet attendants and a supervisor shall
be provided when the stack parking operation is in use
for the theater.
57. On-site parking shall be made available without cost to
building customers and employees. A sign shall be posted at
the parking entrance to so indicate.
Artist Studio Conditions
58. The 2,090 sq. ft. space designated on the plans dated April
8, 1997 as artist loft space may be converted to no more
than two (2) individual artist studios. A loft or
mezzanine may be added to such studios, provided that such
mezzanine conforms with SMMC Section 9.04.02.030.485.
59. Living quarters for each artist studio shall not exceed
fifty percent (50%) of the total studio space.
60. There shall be no use or storage of toxic chemicals or
other similarly hazardous materials in the artist studios.
61. The use of torches or other welding equipment is
prohibited.
62. Noise generating equipment which exceeds 45 dba as measured
from any property line abutting or adjacent to a
residential parcel shall be prohibited.
63. The existing emergency exits shall remain in place only to
exit the property. The emergency exist alarm shall be
disconnected. A sign shall be posted at each emergency
exit door advising that said door is for emergency exit
only.
64. The addition of the artist studios shall be subject to the
review and approval of an Administrative Approval
application prior to building permit issuance.
65. One front entry door along Second Street shall be permitted
for each of the two artist studios. The entrances shall be
subject to review and approval by the Architectural Review
Board.
66. Retail sales from the artist studios may be permitted a
maximum three days per year, subject to the review and
approval of a Temporary Use Permit.
Theater Conditions
67. Two live theater performance spaces shall be permitted in
the project. One theater shall contain no more than sixty-five (65) seats. The second theater shall contain no more
than ninety-nine (99) seats.
68. Attendance at performances shall be limited to the maximum
number of seats allowed. Standing room only patrons shall
not be permitted
69. The principal use of the theaters shall be for live
theatrical performances and rehearsals. Additionally,
performances (and rehearsals) of musical theater, movement
or dance, films, lectures, conferences, poetry readings,
and workshops shall be permitted in the theaters.
70. Attendance at workshops, conferences, or any other
permitted events shall not exceed the maximum number of
theater seats or theater operating hours allowed by this
permit.
71. The theater shall have the following permitted hours of
operation: 7:30 p.m. through 11:00 p.m. on Mondays through
Fridays; 1:30 p.m. through 11:00 p.m. on Saturdays; and
1:30 p.m. through 10:00 p.m. on Sundays. Rehearsals and
workshops are proposed for the hours of 10:00 a.m. through
11:00 p.m. Monday through Friday; 10:00 a.m. through 10:00
p.m. on Saturdays,; and 10:00 a.m. through 9:00 p.m. on
Sundays. In addition, the performance start and finish
times for the two theaters shall be staggered by a minimum
of one hour.
72. Cleaning crews for the theaters shall not be permitted to
work after 11:30 p.m.
73. All announcements, brochures, and literature for public
distribution from the theater shall announce the
availability of parking in City Lot No. 11.
74. Theater patrons shall not be allowed to self-park on the
property. Valet parking shall be provided to patrons for
all theater performances. A fee may be charged for the
valet service.
75. Prior to each performance, the theater operator shall make
an announcement that theater patrons are requested to be
sensitive to noise concerns of adjacent residential
neighbors. Signs shall also be posted in the lobby
requesting theater patrons to be sensitive to the noise
concerns of adjacent residential neighbors while on the
property in general.
76. Prior to each performance, the theater operator shall make
an announcement that parking on the adjacent residential
streets is prohibited without a City permit. This
announcement shall also appear on all promotional brochures
for the theater.
77. The theater shall not conduct set assembly or construction
on the Second Street loading dock or outdoor portions of
the property. All such work shall be conducted indoors.
78. The theater may continue to use the Second Street loading
dock currently used by the museum. The loading dock would
be used for deliveries to the theater between the hours of
10:00 a.m. And 6:00 p.m. Up to sixteen times per year, the
theater may use the Second Street loading dock until 9:30
p.m., at which time all loading operations shall cease.
Notice of each Second Street delivery occurring between
6:30 p.m. and 9:30 p.m. shall be provided to the Director
of Planning and Community Development a minimum of 24 hours
in advance of each anticipated delivery. Failure to
provide such notice constitutes a violation of these
conditions and is grounds for revocation of permits.
79. The theater may contract with the City for regular trash
pick-up from its Second Street exit.
Special Conditions
80. The property owner shall irrigate and maintain the
landscaping in the northeast planter box so that it is
healthy at all times.
81. The property owner is required to maintain the noise level
of the fan on Second Street in accordance with City
ordinances and not higher than the noise level as measured
on 8/12/88.
82. The hedge along Second Street shall be maintained by the
property owner. The hedge shall be full and completely
fill in the space between the wall and the sidewalk.
83. The outdoor patio shall not be used for restaurant service
of food, beverages, and/or alcoholic beverages.
84. Ground floor uses shall be limited to pedestrian oriented
uses as defined in SMMC Section 9.04.02.030.650.
85. Any significant change in the approved concept, change in
the proportion of the various uses or change in intensity
of use from those uses approved as part of this Development
Review Permit (for example any change for the proposed
theater space or density increase to more than 75 seats for
the restaurant) shall require Planning Commission review
and that additional parking be provided to meet Municipal
Code requirements.
86. The developer shall notify potential tenants of possible
overflights and respective aircraft noise, as required by
the Division of Aeronautics, Department of Transportation.
87. The Conditional Use Permit to permit a commercial use to be
located on the R3 portion of the property shall be
effective through July 1, 2020. If the City's Districting
Map is amended to rezone the Property to Main Street
Special Commercial District (CM2), then this condition
shall be of no further force or effect.
88. One third of the ground floor retail lease space, exclusive
of the restaurant and theater shall be designated for
leasing to neighborhood commercial uses as defined in the
Land Use Element.
89. The Developer shall maintain the Second Street elevation
including the Second Street sidewalk and walls and fences
in a clean manner.
90. No public access to the project from the Second Street
elevation shall be provided.
91. Except for the loading dock and the artist studios
entrance, all access points on Second Street shall be
posted and limited to emergency exiting only.
92. The lessee of the ground floor retail space shall make an
affirmative effort to give priority to local residents in
regard to hiring. The employment opportunities shall be
made public to the neighborhood in advance of Los Angeles
advertisement in a local newspaper with City-wide
circulation, copies of announcements mailed to the Ocean
Park Community Organization, the City's Community
Neighborhood Services Division and other local
organizations as recommended by the City which are likely
to be aware of Santa Monica residents seeking employment.
93. The availability of parking in City Lot #11 shall be
indicated on museum announcements, brochures and literature
for public distribution.
94. Outdoor entertainment in the common courtyard may be
permitted one day per year, subject to the review and
approval of a Temporary Use Permit.
95. The above conditions shall be recorded as a covenant
against the land binding upon any successor(s) in interest,
in a form approved by the City Attorney. Said covenant
shall replace and rescind the Agreement Imposing
Restrictions on Real Property recorded on November 28,
1988, as Instrument No. 88-1894493 of Official Records of
the Los Angeles County Recorder's Office.
Validity of Permits
96. 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.
97. Within ten days of 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.
98. This determination shall not become effective for a period
of fourteen days from the date of determination or, if
appealed, until a final determination is made on the
appeal. Any appeal must be made in the form required by
the Zoning Administrator. The approval of this permit
shall expire if the rights granted are not exercised within
one year from the permit's effective date. Exercise of
rights shall mean issuance of a building permit to commence
construction. However, the permit shall also expire if the
building permit expires, if final inspection is not
completed or a Certificate of Occupancy is not issued
within one (1) year of building permit issuance, or if the
rights granted are not exercised within two (2) years
following the earliest to occur of the following: issuance
of a Certificate of Occupancy or, if no certificate of
Occupancy is required, the last required final inspection
for the new construction. One six month extension may be
permitted if approved by the Director of Planning.
Applicant is on notice that time extensions may not be
granted if development standards relevant to the project
have changed since project approval.
Prepared by: Donna Jerex, Associate Planner
Amanda Schachter, Senior Planner
Karen Ginsberg, Planning Manager
Attachments (available at the City of Santa Monica Planning
Counter in Room 111):
A. Municipal Code and General Plan Conformance
B. Applicant's Proposed Conditions of Approval
C. Notices of Public Hearing (2)
D. Radius and Location Map
E. Official Districting Map and Land Use Map
F. Text Amendment Petition Forms
G. Parking Study
H. Valet parking Management Plan
I. Comment Letters
J. Edgemar Community Liaison Information
K. Project Plans