Planning Commission Meeting: June 21, 2006

Agenda Item: _9-A_

To: Planning Commission

From: Amanda Schachter, City Planning Division Manager

Subject: Application for Conditional Use Permit 06-007 to allow on-site sale and consumption of beer, wine and distilled spirits in conjunction with a 3,368 square-foot, sit-down restaurant.

Address: 201 Broadway

Applicant: Buddha’s Belly Restaurant

Recommended Action

It is recommended that the Planning Commission Approve application 06CUP-007 subject to findings and conditions contained in Attachment B.

Executive Summary

The applicant, Buddha’s Belly Restaurant, requests approval of on-site sale and consumption of beer, wine and distilled spirits in conjunction with a 3,368 square-foot sit-down restaurant at 201 Broadway in the Bayside Commercial District. The site is currently developed with a four-story building built in 1928 containing a 96-room hotel (Hotel Carmel), nine rent-controlled residential units, and ground-floor commercial space. The proposed restaurant will be located in an existing 1,800 square-foot tenant space that was previously occupied by a restaurant with an Conditional Use Permit for a Type 41 (beer and wine) alcohol license, which has been out of business for over one year. The proposed restaurant will also expand into an adjacent 1,558 square-foot tenant space to the west (currently a tour operator business). No changes to the existing building, including demolition or addition of square footage, are proposed as part of this request.

The following issues should be considered by the Planning Commission in its review of the proposed project and are addressed in this report:

Is a larger restaurant with a Type 47 license for the on-site sale and consumption of beer, wine and distilled spirits in conjunction with the operation of a full-service sit-down restaurant compatible with the surrounding neighborhood?

Do the proposed conditions of approval mitigate any potential alcohol-related adverse impacts on the area?
Is the on-site sale and consumption of beer, wine and distilled spirits in conjunction with the operation of a full-service sit-down restaurant consistent with the Land Use Element of the General Plan and Bayside District Specific Plan?

Project / Site Information

The following table provides a brief summary of the project location. Additional information regarding the project’s compliance with applicable municipal regulations and the General Plan is available in Attachment A.

Project and Site Information Table

Zoning District:	BSC-2	Site Location Map
Land Use Element Designation:	Downtown Core
Parcel Area (SF):	15,000 SF
Parcel Dimensions:	100’ W x 150’ D
Existing On-Site Improvements (Year Built):	Four story building constructed in 1928 containing a 96-room hotel, nine residential units, and ground-floor commercial space.
Rent Control Status:	Nine rent-controlled units.
Adjacent Zoning Districts and Land Uses:	The property is surrounded by commercial uses in the BSC District to the north, the Santa Monica Mall to the south/east and visitor-serving commercial uses to the south/west.

The subject property is located at the northeast corner of Broadway and Second Street in the Bayside Commercial District and is developed with a four-story structure that extends along Broadway between Second Street and Mall Court West Alley. The building contains the 96-room Hotel Carmel which fronts onto Second Street, nine rent-controlled residential units, and ground-floor commercial uses fronting on Broadway. Currently, those uses consist of a tour operator, hair salon, café and cocktail bar.

Project Analysis

The proposed restaurant, Buddha’s Belly, will be located in an existing 1,800 square-foot tenant space that was previously occupied by the former 84-seat Caspian Grill restaurant. The Caspian Grill was operating with a Type 41 (beer and wine - bona fide eating place) approved by Conditional Use Permit 94-007. The restaurant has been out of business for more than one year resulting in expiration of the prior Conditional Use Permit. In addition, the proposed restaurant will expand into the adjacent tenant space to the west (currently a tour operator) for a total of approximately 3,368 square-feet. The restaurant will contain up to 116 seats, inclusive of the waiting area and a bar/counter area with eight seats. The space will consist of a 1,893 square-feet of dining area, 1,104 square-feet of kitchen space, and 371 square-feet of support space (toilets, storage, employee locker and changing area). A Type-47 alcohol license is sought to allow the on-site sale and consumption of beer, wine and distilled spirits within the proposed restaurant. The applicant operates an additional Buddha’s Belly restaurant on Beverly Boulevard in Los Angeles.

Proposed Project Operation / Hours of Operation

The applicant proposes overall hours of operation from 9:00 am to 2:00 am daily, with alcohol sales ending at 1:00 a.m. No live music or entertainment is proposed.

Staff is recommending that hours of operation cease at 1:00 a.m., with alcohol service ceasing at 12:30 a.m. to maintain consistency with similar establishments in the Bayside District (Condition #2). Complete closure of the restaurant with employees vacating the premises would occur no later than 2:00 a.m. Staff believes the recommended hours are appropriate, given that there is kitchen and food service available at all times. To ensure that the proposed primary use remains a restaurant, staff is recommending Conditions #4 through #11 that require alcohol only be served to persons intending to order meals, food service be available in all seating areas at all times alcohol service is available and the establishment maintain a kitchen area in which a variety of food is prepared and cooked, and that no more than 35% of gross receipts per year may be from alcohol sales. Lastly, staff is recommending Condition #18 which prohibits dancing and live entertainment. These conditions are consistent with comments received from the Police Department that are addressed later in this staff report.

Alcohol Licenses in Area

The following is a list of the existing alcohol licenses are within a 500’ radius of the proposed project:

Type 41 (On-Sale Beer and Wine for Public Eating Place)
Establishment	Address
Kaiten Restaurant	1456 Third Street Promenade
Johnnie’s Pizzeria	1444 Third Street Promenade
La Salsa	1401 Santa Monica Mall
Le Pain Quotidien	316 Santa Monica Boulevard
Type 47 (On-Sale General for Public Eating Place)
The Orchid	119-21 Broadway
Lounge 217	217 Broadway
Buca Di Beppo	1442 Second Street
Voda	1449 Second Street
Ye Olde Kings Head	116 Santa Monica Boulevard
Brittania Pub	318 Santa Monica Boulevard
Ocean Avenue Seafood	1401 Ocean Avenue
Sushi Roku	1401 Ocean Avenue #2
I Cugini Trattoria	1501 Ocean Avenue
Shore Bungalow	1535 Ocean Avenue
Tengu Restaurant	1541 Ocean Avenue
Il Fornaio	1551 Ocean Avenue
Café Crepe	1460 Third Street Promenade
Broadway Deli	1451 Third Street Promenade
Gotham Hall	1431 Third Street Promenade
Yankee Doodles	1410 Third Street Promenade
Harvelle’s	1432 Fourth Street
La Serenata De Garibaldi	1416 Fourth Street
Type 47 and Type 58 (Restaurant and Catering)
Ma’Kai	101 Broadway
Type 21 (Off-Sale General)
Frank’s Liquors	115 Broadway

Conformance with Bayside District Specific Plan and Land Use Element

The Bayside District Specific Plan was originally adopted in 1986. It was updated in 1996 to reevaluate the Plan’s goals, objectives and policies to ensure the Plan continues to address the areas needs and to update construction activity since the original document was prepared. One primary focus of the plan is to encourage an active pedestrian environment during both daytime and nighttime hours. This continues to be achieved by providing a diversity of land uses, activities, business and job opportunities intended to serve residents and visitors. Dynamic changes have occurred in the Bayside District transforming it from a quiet downtown environment to a vital city center. The proposed use is consistent with these goals in that the restaurant reflects the intent of Policy 4.1.3, of the Bayside Specific Plan, that provides for the development of uses necessary to maintain economic viability in the district including eating establishments and Policy 4.1.6 which encourages the development of restaurants.

The proposed project is also consistent with Land Use Element Policy 1.3.1 which encourages Downtown land uses and activities which create activity in both the daytime and evening hours and Policy 1.3.2 which stresses that the Downtown be the primary location for uses that encourage street activity after normal business hours.

Police Department Comments

The Santa Monica Police Department has been contacted regarding this proposal. The Police Department’s primary concerns relate to private parties with outside promotions and live entertainment. The Police Department has recommended that hours of operation and alcohol service be limited to 9:00 a.m. to 1:00 a.m. To address these concerns, staff is recommending Condition #2 which limits hours of operation to 9:00 a.m. to 1:00 a.m., with alcohol service ceasing at 12:30 a.m., seven days a week and Condition #18 which prohibits dancing or live entertainment. Police Department correspondence with staff is included as Attachment D. Additionally, staff has added Condition #14 which requires the operator to submit a Security Plan to the Santa Monica Police Department for review and approval, and Conditions #15 and #16 which require the applicant to submit an employee alcohol awareness training program and designated driver program. The applicant has submitted a draft Security Plan and Alcohol Awareness Training Program which are included in Attachment E.

Community and Cultural Services Department Comments

There are no public parks or playgrounds in the immediate area. Community and Cultural Services Department has indicated no objections to the proposal.

Neighborhood Compatibility

No churches, no schools, and no parks are within 500' of the site, although Palisades Park is just outside of the 500-foot radius to the west. However, the project is within the same building as a 96-room hotel and nine rent-controlled residential units. There is only one residential building within a 500-foot radius – 288-unit building at 1431 Ocean Avenue. The restaurant is located in a busy commercial area of the City with a high concentration of activity. It is not anticipated that this operation will have any significant negative impacts to the neighborhood as alcohol-related problems are not generally associated with full-service restaurants.

Environmental Analysis

The project is exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15301 (Class 1) of the State Implementation Guidelines in that the project involves the addition of alcohol service to a restaurant which involves the minor interior alteration of an existing building with no increase in floor area.

Alternative Actions:

In addition to the recommended action, the Planning Commission could consider the following with respect to the project:

A1. Continue the project for specific reasons, consistent with applicable deadlines and with agreement from the applicant

A2. Articulate revised findings and/or conditions to Approve OR Deny the subject application, with or without prejudice.

Conclusion

The proposal to allow on-site sale and consumption of a full line of alcoholic beverages in conjunction with the operation of a restaurant at 201 Broadway, as conditioned, is consistent with the Land Use Element of the General Plan and the Bayside District Specific Plan. Specifically, the proposed project is consistent with Land Use Element Policy 1.3.1 which encourages in the Downtown land uses and activities which create activity in both the daytime and evening hours and Policy 1.3.2, which stresses that the Downtown be the primary location for uses that encourage street activity after normal business hours. Moreover, staff believes that the proposed use will meet the goals of the District and will not result in an over-concentration of such uses in the Bayside District. In addition, the project is located in the Downtown area in close proximity to many other restaurants which serve a full-line of alcoholic beverages as part of their operations. As conditioned, the project is not anticipated to create any negative impacts to the surrounding neighborhood. Finally, alcohol-related problems are not generally associated with full-service sit-down restaurants.

Prepared by: Ava M. Pecherzewski, Associate Planner

Paul Foley, Principal Planner

Attachments

A. General Plan and Municipal Code Compliance Worksheet

B. Draft Statement of Official Action (includes recommended findings and conditions to act upon the project)

C. Public Notification & Comment Material (includes notification requirements, radius map, published notice, site posting photographs, and correspondence)

D. Correspondence from Santa Monica Police Department

E. Draft Security Plan and Employee Alcohol Awareness Training Program

F. Photographs (includes aerial, neighborhood and site photographs and/or renderings)

G. Applicant background information from applicant’s website

H. Project Plans

City of Santa Monica

City Planning Division

PLANNING COMMISSION

STATEMENT OF OFFICIAL ACTION

PROJECT INFORAMTION

CASE NUMBER: Conditional Use Permit 06-007

LOCATION: 201 Broadway

APPLICANT: Buddha’s Belly Restaurant

Property Owner: Carmel Hotel Enterprises, Inc.

CASE PLANNER: Ava M. Pecherzewski, Associate Planner

REQUEST: To allow on-site sale and consumption of beer, wine and

distilled spirits in conjunction within a 3,368 square-foot

restaurant.

CEQA STATUS: The project is exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15301 (class 1) of the State Implementation Guidelines in that the project involves the addition of alcohol service and the minor interior alteration of an existing building with no increase in floor area.

PLANNING COMMISSION ACTION

June 21, 2006	Determination Date
	Approved based on the following findings and subject to the conditions below.
	Denied.
	Other:

EFFECTIVE DATES OF ACTIONS IF NOT APPEALED:	July 6, 2006
EXPIRATION DATE OF ANY PERMITS GRANTED:	January 6, 2007
*LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATES:**	6 months

* Any request for an extension of the expiration date must be received in the City Planning Division prior to expiration of this permit.

Each and all of the findings and determinations are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the Project. All summaries of information contained herein or in the findings are based on the substantial evidence in the record. The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact.

FINDINGS:

CONDITIONAL USE PERMIT FINDINGS

1. The proposed use is one conditionally permitted within the subject district and complies with all of the applicable provisions of the "City of Santa Monica Comprehensive Land Use and Zoning Ordinance", in that a Type-47 alcohol license in conjunction with a food service is conditionally permitted in the Bayside Commercial (BSC) district of the Zoning Ordinance.

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 Bayside Commercial (BSC) district and Bayside District Specific Plan permits food uses, and alcohol service will be ancillary to the food service function of the establishment. In addition, alcohol-related problems are not generally associated with full-service restaurants.

3. The subject parcel is physically suitable for the type of land use being proposed, in that the parcel is a standard lot developed with a four-story building with no unusual characteristics.

4. The proposed use is compatible with any of the land uses presently on the subject parcel if the present land uses are to remain, in that the issuance of an alcohol license will allow a full-service restaurant to offer alcoholic beverages as a beverage choice. In addition, Alcohol Conditions #1 through 19 ensure that the use operates in a harmonious manner with the adjacent land uses. In addition, alcohol-related problems are not generally associated with full-service restaurants.

5. The proposed use would be compatible with existing and permissible land uses within the district and the general area in which the proposed use is to be located, in that the zoning of the site conditionally permits the issuance of an alcohol license for food service establishments. Alcohol Conditions #1 through 19 ensure that the use operates in a harmonious manner with the adjacent land uses. In addition, alcohol-related problems are not generally associated with full-service restaurants.

6. There are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety, in that the site is located in an urbanized area adequately served by existing infrastructure.

7. Public access to the proposed use will be adequate, in that the vehicular and pedestrian access is provided via Second Street and Broadway.

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 Type-47 alcohol license is proposed in conjunction with an expanded existing ground-floor restaurant space. In addition, alcohol-related problems are not generally associated with full-service restaurants.

9. The proposed use is consistent with the goals, objectives, and policies of the General Plan, in that Land Use Element Policy 1.3.1 encourages concentration of land uses and activities which create activity in both the daytime and evening hours, and Policy 1.3.2 promotes the Downtown as a primary location for commercial uses that encourage street activity after normal business hours. The proposed project will allow for the service of alcoholic beverages by a full-service restaurant during daytime and nighttime hours daily. Furthermore, Bayside District Specific Plan Policy 4.1.3 provides for the development of uses necessary to maintain economic vitality in the district including eating establishments and Policy 4.1.6 which encourages the development of restaurants.

10. The proposed use would not be detrimental to the public interest, health, safety, convenience, or general welfare, in that the proposed use is consistent with the Zoning Ordinance, the Bayside District Specific Plan and the Land Use Element of the General Plan which encourages activities in the evening hours to reinforce Downtown as the focus of the City.

11. The proposed use conforms precisely to the applicable performance standards contained in Subchapter 9.04.12 of the City of Santa Monica Comprehensive Land Use and Zoning Ordinance, in that no performance standard permit is required.

12. The proposed use will not result in an over-concentration of such uses in the immediate vicinity, in that the proposed alcohol license will be issued in conjunction with a sit-down restaurant with 116 seats in a commercial area of Santa Monica which is frequented by large numbers of local residents as well as office workers, shoppers, and visitors from outside the City. Furthermore, this type of outlet has not contributed significantly to alcohol related problems in the area and does not cause the total number of alcohol outlets in the Bayside District to exceed the maximum number of alcohol-serving outlets to exceed the maximum number of 50.

ALCOHOL OUTLET FINDINGS

1. 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 commercial area, away from any major residential uses, and the alcohol license will be issued in conjunction with the operation of a sit-down restaurant, which is conditionally permitted in the Bayside Commercial District and supported by the policies of the Bayside Specific Plan and the General Plan. Furthermore, Alcohol Conditions #1 through 19 will ensure that the nearby uses are not adversely affected by the proposed use.

2. The proposed use will not contribute to an undue concentration of alcohol outlets in the area in that the proposed alcohol license will be issued in conjunction with a sit-down full-service restaurant with 116 seats in the downtown area of Santa Monica which is frequented by large numbers of local residents as well as office workers, shoppers, and visitors from outside the area. Furthermore, this type of outlet has not contributed significantly to alcohol related problems in the area and will not cause the total number of alcohol outlets in the Bayside District to exceed the maximum of 50.

3. The proposed use will not detrimentally affect nearby neighborhoods considering the distance of the alcohol outlet to residential buildings, churches, schools, hospitals, playgrounds, parks, in that there are no churches, schools, hospitals or playgrounds in the immediate area and the conditions for approval, such as the hours of operation, limitation of the number of special events and compliance with the provisions of the Noise Ordinance, will minimize the potential affect on the residential uses in the vicinity.

4. The proposed use is compatible with existing and potential uses within the general area in that a sit-down full-service restaurant with ancillary bar service located in the City's commercial core is compatible with permitted uses and other existing dining and bar uses in the area.

5. Traffic and parking congestion will not result from the proposed use in that parking for the use is available in nearby City parking structures as part of the Downtown Parking Assessment District. In addition, the proposed project is the addition of alcoholic beverages as beverages of choice at a proposed full-service restaurant and will not increase traffic or parking demand over the restaurant use.

6. The public health, safety, and general welfare are protected in that the project is consistent with the provisions of the Zoning Ordinance, the Bayside District Specific Plan and the Land Use Element of the General Plan, which encourage uses and activities after normal business hours in the Downtown and conditions of approval have been incorporated to minimize adverse impacts on nearby land uses.

7. No harm to adjacent properties will result in that the conditions of approval will ensure that the establishment operates in a manner which protects adjacent neighbors.

8. The proposed use is consistent with the goals, objectives, and policies of the General Plan, in that Land Use Element Policy 1.3.1 encourages concentration of land uses and activities which create activity in both the daytime and evening hours, and Policy 1.3.2 promotes the Downtown as a primary location for commercial uses that encourage street activity after normal business hours. The proposed project will allow a restaurant to offer alcoholic beverages during its hours of operation during daytime and nighttime hours daily. Furthermore, Bayside District Specific Plan Policy 4.1.3 provides for the development of uses necessary to maintain economic vitality in the district including eating establishments and Policy 4.1.6 which encourages the development of restaurants.

CONDITIONS OF APPROVAL:

PLANNING AND COMMUNITY DEVELOPMENT

Project Specific Conditions

1. This approval is for a Type 47 (On-Sale General, Bona Fide Eating Place) alcohol license only. Any request to modify the license type shall require approval from the Planning Commission.

2. The permitted hours open for business to the public shall be from 9:00 a.m. through 1:00 a.m., seven days a week, with alcohol service ceasing at 12:30 a.m. Complete closure of the premises and all employees shall be vacated from the building by 2:00 a.m. No exterior activity such as trash disposal, deliveries or other maintenance activity generating noise audible from the exterior of the building shall occur during the period from 2:00 a.m. to 8:00 a.m. Monday through Friday and 2:00 a.m. to 9:00 a.m. on Saturday and Sunday. No employees may occupy the building between 2:00 a.m. and 8:00 a.m. No after hours operation shall be permitted.

3. Seating arrangements for sit-down patrons shall not exceed 116 seats. The breakdown of seats shall be: 100 dining area seats, 8 bar area seats, 8 waiting area seats.

4. No more than 35% of total gross revenues per year shall be from alcohol sales. The operator shall maintain records of gross revenue sources which shall be submitted annually to the City of Santa Monica City Planning Division at the beginning of the calendar year and also available to the City of Santa Monica and the State ABC upon request.

Alcohol Outlet Conditions

5. The primary use of the premises shall be for sit-down meal service to patrons. Alcohol shall not be served to persons except those intending to purchase meals.

6. No alcoholic beverage shall be sold for consumption beyond the premises.

7. In order to maintain the primary use of the premises for sit-down meal service, patrons shall not be permitted to use the bar unless they are ordering a meal at the bar counter in the same manner as patrons ordering meals at the table seating. The seats located around the bar service area cannot be used as waiting area or as a bar where patrons may have a drink either before being seated for meal service, or as a bar where beverages only are provided.

8. The establishment shall maintain a kitchen or food-serving area in which a variety of food is prepared and cooked on the premises.

9. The establishment shall serve food to patrons during all hours the establishment is open for customers.

10. Customers shall be permitted to order meals at the bar at all times the bar or restaurant is open for business.

11. Any minimum purchase requirement may be satisfied by the purchase of beverages or food.

12. Take out service shall be only incidental to the primary sit-down use.

13. 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.

14. Prior to final inspection or commencement of alcohol service, a security plan shall be submitted to the Chief of Police for review and approval. The plan shall address both physical and operational security issues.

15. Prior to final inspection or commencement of alcohol service, the operator shall submit a plan for approval by the Director of Planning and Community Development regarding employee alcohol awareness training programs and policies. The plan shall outline a mandatory alcohol awareness training program for all employees having contact with the public and shall state management’s policies addressing alcohol consumption and inebriation. The program shall require all employees having contact with the public to complete a California Department of Alcoholic Beverage Control (ABC) sponsored alcohol awareness training program within 90 days of the effective date of this approval. In the case of new employees, the employee shall attend the alcohol awareness training within 90 days of hiring. In the event the ABC no longer sponsors an alcohol awareness training program, all employees having contact with the public shall complete an alternative program approved by the Director of Planning and Community Development. The operator shall provide the City with an annual report regarding compliance with this condition. This project shall be subject to any future City-wide alcohol awareness training program condition affecting similar establishments.

16. Prior to final inspection or commencement of alcohol service, the operator shall submit a plan describing the establishment’s “designated driver” program, which shall be offered by the operator to the establishment’s patrons. The plan shall specify how the operator will inform patrons of the program.

17. Except for special events, alcohol shall not be served in any disposable container such as disposable plastic or paper cups.

18. No dancing or live entertainment beyond that allowed in the restaurant definition contained in the Zoning Ordinance shall be permitted on the premises.

19. No video or other amusement games shall be permitted on the premises.

20. Window or other signage visible from the public right-of-way that advertises beer or alcohol shall not be permitted.

21. Applicant is on notice that all temporary signage is subject to the restrictions of the City sign ordinance.

22. The project shall at all times comply with the provisions of the Noise Ordinance (SMMC Chapter 4.12).

Administrative

23. The Planning Commission’s approval, conditions of approval, or denial of this application may be appealed to the City Council if the appeal is filed with the Zoning Administrator within fourteen consecutive days following the date of the Planning Commission’s determination in the manner provided in Part 9.04.20.24, Sections 9.04.20.24.010 through 9.04.20.24.040. Any appeal must be made in the form required by the Zoning Administrator. The approval of this permit shall expire if the rights granted are not exercised within eighteen (18) months from the permit’s effective date. Exercise of rights shall mean actual commencement of the use granted by the permit. One six month extension may be permitted if approved by the Director of Planning. Applicant is on notice that time extensions shall not be granted if development standards or development process relevant to the project have changed since project approval. Additionally, the rights associated with this approval shall expire if the establishment ceases operation for a period of one year or longer.

24. Within ten days of City Planning Division transmittal of the Statement of Official Action, project applicant shall sign and return a copy of the Statement of Official Action prepared by the Planning Division, agreeing to the conditions of approval and acknowledging that failure to comply with such conditions shall constitute grounds for potential revocation of the permit approval. By signing same, applicant shall not thereby waive any legal rights applicant may possess regarding said conditions. The signed Statement shall be returned to the Planning Division. Failure to comply with this condition shall constitute grounds for potential permit revocation.

25. Within thirty (30) days after final approval of the project, a sign shall be posted on site stating the date and nature of the approval. The sign shall be posted in accordance with the Zoning Administrator guidelines and shall remain in place until a building permit is issued for the project. The sign shall be removed promptly when a building permit is issued for the project.

26. Prior to issuance of a Final Inspection the applicant shall post a notice at the building entry stating that the site is regulated by a Conditional Use Permit and the Statement of Official Action, which includes the establishment’s conditions of approval, is available upon request. This notice shall remain posted at all times the establishment is in operation.

27. Within thirty (30) days from date of the approval of the Statement of Official Action, the applicant shall provide a copy of the approved Statement of Official Action for this project to the local office of the State Alcoholic Beverage Control department.

28. In the event permittee violates or fails to comply with any conditions of approval of this permit, no further permits, licenses, approvals or certificates of occupancy shall be issued until such violation has been fully remedied.

29. Applicant is advised that projects in the California Coastal Zone may need approval of the California Coastal Commission prior to issuance of any building permits by the City of Santa Monica. Applicant is responsible for obtaining any such permits.

Conformance with Approved Plans

30. This approval is for those plans dated March 21, 2006, a copy of which shall be maintained in the files of the City Planning Division. Project development shall be consistent with such plans, except as otherwise specified in these conditions of approval.

31. Minor amendments to the plans shall be subject to approval by the Director of Planning. An increase of more than 10% of the square footage, and increase of seating, or a significant change in the approved concept shall be subject to Planning Commission Review. Construction shall be in substantial conformance with the plans submitted or as modified by the Planning Commission, Architectural Review Board, or Director of Planning. No expansion in number of seats, intensity of operation, or outdoor areas shall occur without prior approval from the City of Santa Monica and State ABC.

32. The Plans shall comply with all other provisions of Article IX of the Municipal Code, (Zoning Ordinance) and all other pertinent ordinances and General Plan policies of the City of Santa Monica.

Construction Plan Requirements

33. Final building plans submitted for approval of a building permit shall include on the plans a list of all permanent mechanical equipment to be placed indoors which may be heard outdoors.

34. Any new restaurant at the site with greater than 50 seats is required to install a grease interceptor with 1,000 gallons minimum static holding capacity in order to pre-treat sewered grease. The Environmental and Public Works Management Department may modify the above requirements only for good cause. Specifically, the facility must demonstrate to the satisfaction of the Industrial Waste Section and Building and Safety Division that interceptor installation is not feasible at the site in question. In such cases where modifications are granted, grease traps will be required in the place of an interceptor. Building permit plans shall show the required installation.

Standard Conditions

35. Final approval of any mechanical equipment installation will require a noise test in compliance with SMMC Section 4.12.040. Equipment for the test shall be provided by the owner or contractor and the test shall be conducted by the owner or contractor. A copy of the noise test results on mechanical equipment shall be submitted to the Community Noise Officer for review to ensure that noise levels do not exceed maximum allowable levels for the applicable noise zone.

36. The property owner shall insure any graffiti on the site is promptly removed through compliance with the City’s graffiti removal program.

VOTE

Ayes:

Nays:

Abstain:

Absent:

NOTICE

If this is a final decision not subject to further appeal under the City of Santa Monica Comprehensive Land Use and Zoning Ordinance, the time within which judicial review of this decision must be sought is governed by Code of Civil Procedure Section 1094.6, which provision has been adopted by the City pursuant to Municipal Code Section 1.16.010.

I hereby certify that this Statement of Official Action accurately reflects the final determination of the Planning Commission of the City of Santa Monica.

_____________________________ _____________________________

Gwynne Pugh, Vice Chairperson Date

Acknowledgement by Permit Holder

I hereby agree to the above conditions of approval and acknowledge that failure to comply with such conditions shall constitute grounds for potential revocation of the permit approval.

Print Name and Title

Applicant’s Signature

ATTACHMENT C

PUBLIC NOTIFICATION INFORMATION

Pursuant to Municipal Code Section 9.04.20.20.080 and in accordance with the posting requirements set forth by the Zoning Administrator, prior to application filing the applicant posted a sign on the property regarding the subject application. At least 8 weeks prior to the public hearing date, the applicant submitted a photograph to verify the site posting and to demonstrate that the sign provides the following information: Project case number, brief project description, name and telephone number of applicant, site address, date, time and location of public hearing, and the City Planning Division phone number. It is the applicant's responsibility to update the hearing date if it is changed after posting.

In addition, pursuant to Municipal Code Section 9.04.20.22.050, notice of the public hearing was mailed to all owners and residential and commercial tenants of property located within a (300 foot or 500 foot) radius of the project and published in the “California” Section of The Los Angeles Times at least ten consecutive calendar days prior to the hearing.

On March 28, 2006, the applicant was notified by phone and in writing of the subject hearing date.

The applicant provided the following information regarding attempts to contact area property owners, residents, and recognized neighborhood associations:
Bayside Corporation	No contact information provided.
Adjacent Neighbors	No contact information provided.
Community Meetings	No information provided.
Other:	No information provided.

NOTICE OF A PUBLIC HEARING

BEFORE THE SANTA MONICA PLANNING COMMISSION

SUBJECT: Conditional Use Permit 06-007

201 Broadway

APPLICANT: Buddha’s Belly Restaurant

PROPERTY OWNER: Carmel Hotel Enterprises

A public hearing will be held by the Planning Commission to consider the following request:

An application for a Conditional Use Permit to allow on-site sale and consumption of beer, wine and distilled spirits in conjunction with a 3,368 square-foot, sit-down restaurant. Pursuant to SMMC 9.04.10.18.020, a Conditional Use Permit is required for the on-site sale and dispensation of alcoholic beverages.

DATE/TIME: WEDNESDAY, JUNE 21, 2006 AT 7:00 PM

LOCATION: City Council Chambers, Second Floor, Santa Monica City Hall

1685 Main Street, Santa Monica, California

HOW TO COMMENT

The City of Santa Monica encourages public comment. You may comment at the Planning Commission public hearing, or by writing a letter. Written information will be given to the Planning Commission at the meeting.

Address your letters to: Ava Pecherzewski, Associate Planner

Re: 06CUP-007

City Planning Division

1685 Main Street, Room 212

Santa Monica, CA 90401

MORE INFORMATION

If you want more information about this project or wish to review the project file, please contact Ava Pecherzewski, Associate Planner at (310) 458-8341, or by e-mail at ava.pecherzewski@smgov.net. The Zoning Ordinance is available at the Planning Counter during business hours and on the City’s web site at www.santa-monica.org.

The meeting facility is wheelchair accessible. For disability-related accommodations, please contact (310) 458-8341 or (310) 458-8696 TTY at least 72 hours in advance. All written materials are available in alternate format upon request. Santa Monica Big Blue Bus Lines numbered 1, 2, 3, 5, 7, 8, 9, and 10 serve City Hall.

Pursuant to California Government Code Section 65009(b), if this matter is subsequently challenged in Court, the challenge may be limited to only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the City of Santa Monica at, or prior to, the public hearing.

ESPAÑOL

Esto es una noticia de una audiencia pública para revisar applicaciónes proponiendo desarrollo en Santa Monica. Si deseas más información, favor de llamar a Carmen Gutierrez en la División de Planificación al número (310) 458-8341.

APPROVED AS TO FORM:

___________________________

Amanda Schachter

Planning Manager

Project Location and Permit Processing Time Limits
Project Address:		201 Broadway
Application Filing Date:		March 22, 2006
CEQA Deadline:		June 22, 2006, without extension
PSA Deadline:		June 22, 2006, without extension
Total Process Review Time (Days):		89 days
General Plan and Municipal Code Compliance Worksheet
CATEGORY	LAND USE ELEMENT		MUNICIPAL CODE	PROJECT
Permitted Use	---		Restaurants with Type 47 alcohol license require a conditional use permit [SMMC 9.04.10.18.020] The number of alcohol establishments in the BSC District shall be limited to 50. Fast-food courts count as one alcohol outlet. [SMMC 9.04.08.15.080]	A 3,368 square-foot restaurant with on-site sale and consumption of beer, wine and distilled spirits. The total number of alcohol establishments in the BSC District is less than 50.