Planning Commission Report
Planning Commission Meeting: September 16, 2009 Agenda Item: 9-C
To: Planning Commission
From: Amanda Schachter, City Planning Division Manager
Subject: Conditional Use Permit (08CUP015) to allow a restaurant with alcohol service and more than 50 seats and a Variance (08VAR021) to allow off-site parking required for the proposed use. The need for a CUP governing the entire restaurant is a result of the applicant’s request to permit a second floor expansion of the restaurant.
Address: 1519 Wilshire Boulevard Applicant: 1519 Wilshire Blvd. LLP
Recommended Action
It is recommended that the Planning Commission take the following actions: 1. Approve 08CUP-015 and 08VAR-021
2. Approve the attached Statement of Official Action
Executive Summary
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The existing 135-seat restaurant was approved in 1981 with approval of a parking variance for off-site parking as there is no on-site parking available at the site. Project plans from that time indicate that only the first floor was to be used for a restaurant. The parking variance was approved for a limited 5- year term only. The restaurant use has been in continuous operation at the site since then, with one business lasting approximately 25 years.
In 2007, the owner of The Parlor restaurant applied for an Alcohol Determination (AD) and business license as the new operator of an alcohol serving restaurant at the site. During the staff review of the AD application, it was determined that the variance for off-street parking for the restaurant had expired and there were no City approvals for restaurant use of the existing second floor. The applicant is requesting a CUP governing the entire restaurant and to allow the second floor expansion and to reinstate an expired parking variance.
Consistent with City policy, since the applicant filed for a CUP and Variance in a timely manner, The Parlor has been allowed to operate pending the outcome of the application requests.
The following issues should be considered by the Planning Commission in its review of the proposed project and are addressed in this report:
The compatibility of the proposed restaurant with a Type 47 alcohol license for on-site consumption of beer, wine, and distilled spirits with the surrounding neighborhood.
Whether the proposed parking variance request mitigates any potential parking-related adverse impacts on the area.
Whether the proposed restaurant is consistent with the Land Use Element of the General Plan and the C6 Boulevard Commercial zoning and N Neighborhood overlay district.
Project / Site Information
Project and Site Information Table
Zoning District: Boulevard Commercial (C6)/ Neighborhood Overlay (N)
Site Location Map: Wilshire Boulevard
Land Use
Element Designation:
General Commercial Parcel Area (SF): Approx. 5,000 SF Parcel Dimensions: Dimensions approx. 50’
x 100’ Existing On-Site Improvements (Year Built): 2 story, 8,106 SF commercial building (1929)
Rent Control Status: Exempt Adjacent Zoning
Districts / Land Uses:
North:
R2/City surface parking lot East: C6N/Commercial South: C6N/CP5 UCLA /SM Hospital West: C6N /Commercial
The subject property is located on the north side of Wilshire Boulevard between 16th Street and 15th Street in the C6 district. The one-story, single-tenant commercial building consists of approximately 8,106 square feet of commercial tenant space, and is currently developed with no on-site parking or vehicular access. City Parking Lot 8 is located to the rear of the property, accessed from 16th Street.
Environmental Analysis
This request is exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15301 (Class 1), Existing Facilities, of the State Implementation Guidelines in that the project involves the permitting of a second floor space, within an existing building, for restaurant use with no increase in floor area to the building.
Background
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The Planning Commission approved a parking variance (ZA #4321-y), on appeal, for Verdi’s in December 1980, with a limited 5-year term and specific conditions of approval. Plans from that time indicate that only the first floor of the subject building was proposed for restaurant use. The original entitlement did not require a Conditional Use Permit for the 135-seat restaurant or alcohol service.
Since the original entitlements, the parking variance expired and the restaurant use has expanded to the second floor without City approvals, requiring the proposed CUP and approval of a parking variance. The Parlor proposes to operate within the same dining areas (both first and second floors) and with the same number of seats as the previous restaurant operation, Cinch, which began in February 1982. However, staff contends that the second floor was never lawfully approved for restaurant use, and there are no building permit records for restaurant improvements to the second floor space. The applicant and owner of the property have been asked for any records or evidence to support their contention that the second floor has been lawfully permitted for restaurant use. To date, no information has been provided by either party.
The City has a record of a complaint against Cinch filed in September 2004 for excessive noise and use of a second floor roof deck. There were no City permits on file for use of the outdoor 2nd floor deck, and therefore the Code Compliance staff required the use of that space cease. Since the roof deck is accessed from the second floor and the floor plans on file for Verdi restaurant denote the first floor only, the expansion of the restaurant use to the second floor occurred prior to this complaint.
Since 2007, when The Parlor took over operation of the site, complaints have continued. These have included excessive patron noise and drunkenness, parking in the neighborhood, and taxis congregating during the restaurant closing hours. Staff has added operational conditions Nos. 2, 5 and 7 to specifically address these issues. The conditions limit the hours of operation, limit the sale of alcohol to a percentage of food service and require neighborhood patrols.
Project Analysis
The original approved restaurant, Verdi, was approximately 3,833 square feet with 135 seats on the first floor. The current operator, the Parlor, occupies the majority of the building consisting of 3,169 square feet of dining area with 225 seats (189 dining and 36 bar seats) and 1,768 square feet of kitchen, restrooms, and storage area.
Conditional Use Permit
For these reasons, the applicant’s proposal to expand the restaurant into the second floor, an increase of 28.8% in floor area, and to allow 225 seats, a 67% increase, require the approval of a CUP.
The previous variance approval (ZA #4321-y) imposed a condition limiting the hours of operation between 6:00 PM to 2:00 AM daily except Sunday. The applicant is proposing to serve alcohol during all hours of operation, and currently operates between 11:30 AM to 2 AM daily.
Since a Conditional Use Permit is required, the Planning Commission is authorized to impose specific conditions of approval to ensure that it can make the necessary findings for approval. Staff recommends Condition #2 to reduce the operating hours from 11:00 AM to 1:00 AM Monday to Thursday and from 11:00 AM to 12:00 AM on Sunday and allowing an opening from 11:00 AM to 2:00 AM Friday and Saturday to reduce the late night alcohol service during the week, and thereby reducing some of the late night noise issues.
To further mitigate impacts associated with the restaurant’s proposed expansion, staff has added Condition #13 to close access to the roof deck, and has added Conditions numbers 1-29 to address amount of alcohol sales, patron oversight via neighborhood patrols, prohibition of cover charges, and a requirement for alcohol service with food service. Additionally, because the floor plan includes many high, circular tables with bar stools, a series of TV’s located throughout the dining area broadcasting sporting events, video games, a basketball hoop game, and a sound system for recorded music. staff has recommended a series of conditions that would provide operational limitations of the use concerning some of the above mentioned items.
Parking Variance
A restaurant use was authorized in 1981 with the approval of a parking Variance (ZA #4321-Y) which, among other conditions, limited the variance to a five year term and authorized the variance only to the original operator, i.e. it was not transferable. The required parking was to be off-site, adjacent to the site. In 1982 when the restaurant license was transferred to Cinch, these provisions were not reviewed and, up until 2007 when the business license for the current operator was reviewed by City Planning staff, the expired variance had gone undetected since no review of the restaurant operation had been called for.
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Kitchen Support Area / Restrooms: 1,768 SF @ 1 space per 300 SF = 5.8 Customer Area: 3,145 SF @ 1 space per 75 SF = +41.9
48 spaces Grandfathered:2,376 SF @ 1 space per 300 SF = (8) spaces Second floor office/ ancillary area
Total Spaces Required: 48 spaces
Based upon the current Code, the restaurant would require 48 parking spaces; however, in determining the requirement, staff has grand-parented the second floor offices and ancillary spaces, because the use of this space, with the exception of the expanded dining area has not changed. The applicant’s request proposes off-site parking with a valet system identical to that which is currently in operation for the site which utilizes the parking structure of a nearby medical building.
Many parking variance proposals use off-site parking spaces that are acquired from nearby property owners (through lease agreement) in close proximity to the subject site. The applicant has hired a valet parking service that leases 300 parking spaces at 1260 15th Street during the hours of 5 PM to closing seven days a week. According to building permit records, the parking structure which supports the medical building was constructed with 124 parking spaces in excess of the Code requirement, and therefore can accommodate the off-site spaces necessary to support the restaurant use. The City’s Transportation Management Division has reviewed the valet operation and is supportive of the proposed Variance, subject to the proposed conditions.
Neighborhood Compatibility
The proposed restaurant is located in an area of the City with a high concentration of commercial and restaurant activity. Land uses in the vicinity are consistent with the C6 and N zoning districts, and include a mix of residential, commercial and retail uses. A restaurant use has been in continuous operation at the site since 1981; however the proposed Parlor restaurant is significantly larger, more crowded and is of a different nature than Verdi restaurant, but appears to have a similar floor plan and similar operational characteristics to that of Cinch.
To alleviate the impacts on the adjacent residential area from the restaurant operation, specifically patrons leaving the premises, the applicant has initiated staff patrols in the area to monitor patron behavior and pick up any trash left behind by patrons. These patrols are included as a condition of approval (Condition #7).
The valet service operates the pick-up and auto drop-off in front of the subject site on Wilshire Boulevard. The approved valet drive does not intrude into the residential neighborhood north of Wilshire Boulevard, as the route loops from 14th and 17th Streets between Arizona Avenue and Wilshire Boulevard. Condition #29 requires that the Transportation Management Division review and approve the valet parking operation to ensure that the adjacent residential neighborhood is not impacted.
As in other areas in the City where a commercial corridor abuts a residentially zoned district, there has been parking on the neighborhood streets by commercial patrons due to the lack of sufficient on-site commercial parking or when customers wish to avoid paying for parking. Consequently, a number of preferential parking districts have been approved in these residential areas throughout the City. In June 2009 the Council approved revisions to Preferential Parking District K on 14th, 15th, 16th Streets and California Avenue north of Wilshire Boulevard to restrict on-street parking to 2 hours between 9 am. and 6 pm. and prohibits parking 6 pm. to 2 am. daily, except by permit. The permit parking in this area will alleviate the on-street parking issues in the residential area associated with commercial uses on Wilshire Boulevard, including The Parlor.
The project site has operated as a restaurant from 1981 to the present without the benefit of a Conditional Use Permit which could require operational conditions to mitigate potential adverse impacts on adjacent residences. Conditions associated with the variance request will also help to reduce traffic impacts in the neighborhood and impacts on the limited on-street parking in the area. As conditioned, the project will alleviate some of the adverse impacts of the existing restaurant and will increase neighborhood compatibility.
Alcohol Licenses in Area
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Type 41 (On-Sale Beer & Wine for Public Eating Place)
Izzy’s Deli 1433 Wilshire Boulevard
Nawab of India 1621 Wilshire Boulevard
Conformance with Land Use Element
The proposed project is consistent with Land Use Element Objective 1.6 which calls for commercial uses which serve regional, community and local needs along the City’s commercial corridors while respecting the adjacent residential neighborhoods. Additionally, the proposed project is consistent with Land Use Element Objective 1.7 which calls for the protection and expansion of uses within the neighborhood commercial areas of the City that provide for the day-to-day shopping and service needs of nearby residents and Policy 1.7.2 which calls for preserving the concentration of ground-level, street-front neighborhood commercial uses on Wilshire from 12th to 16th streets. As conditioned (Conditions #28-29), the proposed restaurant with associated parking variance, meets these objectives and policies.
Police Department Comments
The Santa Monica Police Department has been contacted regarding this proposal, and although they have reported past noise and parking complaints from patrons parking in the neighborhood, they have worked with the current operator, The Parlor, and indicated they have no objections to the continued operation of the restaurant.
Community and Cultural Services Department Comments
The Community and Cultural Services Department has been notified of the project and has indicated no comments or objections to the proposal.
Alternative Actions:
In addition to the recommended action, the Planning Commission could consider the following with respect to the project:
A1. Deny application 08CUP-015 and 08VAR-021, providing findings and/or conditions to Deny, with or without prejudice, the subject application.
Conclusion
The project site has operated as a restaurant from 1981 to the present, operating as Verdi, Cinch, and most recently, The Parlor without the benefit of a Conditional Use Permit which could require operational conditions which mitigate potential adverse impacts on adjacent residences. In addition, conditions associated with the variance request will also help to reduce traffic impacts in the neighborhood and impacts on the limited on-street parking in the area. Therefore, staff recommends approval of the Conditional Use Permit and Variance as conditioned and subject to the appropriate findings.
Prepared by: Gina Szilak, Associate Planner Paul Foley, Principal Planner
Attachments
A. General Plan and Municipal Code Compliance Worksheet B. Public Notification & Comment Material
C. Statement of Official Action D. Photographs
E. Project Plans
10 Attachment A General Plan & Municipal Code Compliance Worksheet ATTACHMENT A
GENERAL PLAN AND MUNICIPAL CODE COMPLIANCE WORKSHEET
Project Location and Permit Processing Time Limits
Project Address: 1519 Wilshire Blvd.
Application Filing Date: April 2, 2009 (Complete date of information provided) CEQA Deadline: September 16, 2009 w/extension
PSA Deadline: September 16, 2009 w/extension Total Process Review
Time (Days): 167 days.
General Plan and Municipal Code Compliance Worksheet
CATEGORY LAND USE
ELEMENT MUNICIPAL CODE PROJECT
Permitted Use N/A All uses listed as
Conditionally Permitted Uses in the C2 District or the underlying District (C6) are subject to the approval of a Conditional Use
Permit. [SMMC
9.04.08.40.040]
Alcohol outlets with a Type 47 alcohol license require a Conditional Use Permit. [SMMC 9.04.10.18.020]
Applicant requests a CUP for a 225 seat restaurant with alcohol service .
Conditional use permit requested for expansion of on-site consumption of alcohol.
Parking Spaces N/A Proposed Restaurant:
4,973. SF 1 space per 75 SF of customer area: 3,145 SF / 75 = 41.9 1 space per 300 SF of kitchen support/restrooms: 1,768 SF / 300 = 5.8 Grandfathered Spaces: 2,376 SF / 300 = 8 41.9 + 5.8 = 48. 48 spaces required.
0 parking spaces provided on-site.
Required Parking: 48 parking spaces
Parking Deficit = 48 spaces
ATTACHMENT B
PUBLIC NOTIFICATION INFORMATION AND PUBLIC NOTICE
Pursuant to Municipal Code Section 9.04.20.20.080 and in accordance with the posting requirements set forth by the Zoning Administrator, prior to application filing the applicant posted a sign on the property regarding the subject application. At least 8 weeks prior to the public hearing date, the applicant submitted a photograph to verify the site posting and to demonstrate that the sign provides the following information: Project case number, brief project description, name and telephone number of applicant, site address, date, time and location of public hearing, and the City Planning Division phone number. It is the applicant's responsibility to update the hearing date if it is changed after posting.
In addition, pursuant to Municipal Code Section 9.04.20.22.050, notice of the public hearing was mailed to all owners and residential and commercial tenants of property located within a 500 foot radius of the project and published in the Santa Monica Daily
Press at least ten consecutive calendar days prior to the hearing.
On August 3, 2009, the applicant/appellant was notified by phone of the subject hearing date.
The applicant provided the following information regarding attempts to contact area property owners, residents, and recognized neighborhood associations:
Neighborhood Group:
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NOTICE OF A PUBLIC HEARING
BEFORE THE SANTA MONICA PLANNING COMMISSION SUBJECT: Conditional Use Permit 08-015 and Variance 08-021
1519 Wilshire Boulevard
APPLICANT: 1519 Wilshire Boulevard LP PROPERTY OWNER: John Makhani
A public hearing will be held by the Planning Commission to consider the following request:
The applicant is requesting a Conditional Use Permit (CUP) to allow an expansion of an existing restaurant with on-site consumption of alcoholic beverages located in the C6/ N (Boulevard Commercial / Neighborhood Overlay) zoning district. The 4,973 square foot restaurant includes seating for 225 customers. To comply with off-street parking requirements, the applicant requests a parking variance to modify the number of spaces required for the restaurant. Pursuant to Santa Monica Municipal Code (SMMC) Section 9.04.08.40.040 (a) all uses listed as Conditionally Permitted Uses in the C2 District or the underlying District (C6) are subject to the approval of a Conditional Use Permit, and SMMC Section 9.04.10.18.020 requires a Conditional Use Permit for the on-site sale and dispensation of alcohol. Parking Variances are allowed pursuant to SMMC Section 9.04.20.10.030.
DATE/TIME: WEDNESDAY, September 16, 2009, 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: Gina Szilak, Associate Planner Re: 08CUP-015 / 08VAR-021 City Planning Division
1685 Main Street, Room 212 Santa Monica, CA 90401
MORE INFORMATION
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
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ATTACHMENT C
City of Santa Monica City Planning Division
PLANNING COMMISSION
STATEMENT OF OFFICIAL ACTION
PROJECT INFORAMTIONCASE NUMBERS: Conditional Use Permit 08-015 & Variance 08-021
LOCATION: 1519 Wilshire Boulevard
APPLICANT: 1519 Wilshire Blvd. LLP PROPERTY OWNER: John Makhani
CASE PLANNER: Gina Szilak, Associate Planner
REQUEST: Conditional Use Permit (08CUP015) to allow a restaurant with alcohol service and more than 50 seats and a Variance (08VAR021) to allow off-site parking required for the proposed use. The need for a CUP governing the entire restaurant is a result of the applicant’s request to permit a second floor expansion of the restaurant.
CEQA STATUS: The project is categorically exempt from the provisions of CEQA, pursuant to Class 1, Section 15301 of the State Implementation Guidelines in that the project involves the of a restaurant with alcohol service within an existing tenant space and involves only minor interior alterations with no increase in floor area.
PLANNING COMMISSION ACTION
September 16, 2009 Determination Date
Approved based on the following findings and subject to the conditions below.
16 EFFECTIVE DATES OF ACTIONS IF
NOT APPEALED: October 1, 2009
EXPIRATION DATE OF ANY PERMITS
GRANTED: October 1, 2010
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 SMMC Section 9.04.08.40.040 (a) provides that all uses listed as Conditionally Permitted Uses in the C2 or underlying District may be permitted subject to the approval of a Conditional Use Permit, and Section 9.04.10.18.020 provides that existing alcohol outlets shall also obtain a Conditional Use Permit if the use undergoes a substantial change in mode or character of operation such as an increase in of more than 10% in floor area or an increase of more than 25% of the number of seats.
3. The subject parcel is physically suitable for the type of land use being proposed, in that the building was constructed as a two-story structure and has operated as a restaurant since 1981 with no on-site vehicular access or parking.
4. The proposed use is compatible with any of the land uses presently on the subject parcel if the present land uses are to remain, in that the site currently operates as a restaurant with more than 50 seats and that use has been in continuous operation since 1981. Condition Nos. 1 through 29 further ensure that the restaurant operates in a harmonious manner with the other land uses, by restrictiong operating hours, regulating trash dumping and delivery hours.
5. The proposed use would be compatible with existing and permissible land uses within the district and the general area in which the proposed use is to be located, in that the Zoning Ordinance conditionally permits restaurants in the neighborhood overlay district. A full-service restaurant on Wilshire Boulevard is compatible with permitted uses and other existing restaurant and commercial uses in the area. Condition Numbers 1 through 29 will ensure that the use operates in a harmonious manner with the adjacent land uses and will not create any alcohol-related problems in the area.
6. There are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety, in that in that the site is located in an urbanized area adequately served by existing infrastructure.
7. Public access to the proposed use will be adequate, in that the valet service will operate auto drop-off and pick-up from Wilshire Boulevard, (an arterial street) and in addition pedestrian access is via Wilshire Boulevard.
8. The physical location or placement of the use on the site is compatible with and relates harmoniously to the surrounding neighborhood, in that in that the restaurant use has been located at the site since 1981. The expansion of the full-service restaurant, as approved under this CUP, will provide a floor plan and operational conditions for the restaurant use which currently do not exist. In addition, the Land Use Element of the General Plan specifically encourages day and night pedestrian activity along Wilshire Boulevard by establishing uses oriented to walk-in traffic such as restaurants.
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1.7.2 which calls for preserving the concentration of ground-level, street-front neighborhood commercial uses on Wilshire Boulevard from 12th to 16th Streets. 10. The proposed use would not be detrimental to the public interest, health, safety,
convenience, or general welfare, in that the proposed use is consistent with the Zoning Ordinance and the Land Use Element of the General Plan, and alcohol specific conditions have been added to mitigate any potential adverse impacts. 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 a performance standards permit is not required for the proposed use.
12. The proposed use will not result in an over concentration of such uses in the immediate vicinity, in that there are two Type-41 public eating places within a 500-foot radius, which is not considered an over concentration for a commercial corridor such as Wilshire Boulevard. The proposed alcohol license will be for a full-service restaurant which is located in a district that encourages commercial, regional and neighborhood serving uses and activities. The general vicinity is frequented by large numbers of local residents as well as hospital workers, shoppers, and visitors from outside the City. This site has historically operated as a restaurant with more than 50 seats, and it is anticipated that the incorporation of various conditions of approval will minimize impacts and intrusions into any adjacent residential neighborhoods. The proposed use will not contribute to an undue concentration of alcohol outlets in the area in that the proposed the proposed project is an expansion of an existing restaurant with a Type-47 alcohol license so no new alcohol licenses results from the project.
ALCOHOL OUTLET FINDINGS
1. The proposed use will not adversely affect the welfare of neighborhood residents in a significant manner in that the existing use has been in operation since 1981 as a restaurant that serves alcoholic beverages. The State Alcohol Beverage Control (ABC) issued a Type 47-alcohol license for the restaurant’s change of ownership in 2007. Alcohol sales will be ancillary to the primary restaurant use. Conditions Nos. 1 through 29 have been added to mitigate potential impacts associated with alcohol consumption.
3. The proposed use will not detrimentally affect nearby neighborhoods considering the distance of the alcohol outlet to residential buildings, churches, schools, hospitals, playgrounds, parks, in that there are no nearby churches, schools, hospitals or playgrounds and the conditions for approval, such as the hours of operation and compliance with the provisions of the Noise Ordinance, will minimize the potential affect on residential uses in the vicinity. The Community and Cultural Services Department has reviewed the project and has indicated no comments or objections to the proposal.
4. The proposed use is compatible with existing and potential uses within the general area in that the Zoning Ordinance conditionally permits restaurants permitting alcoholic beverages. A full-service restaurant with ancillary alcohol service on Wilshire Boulevard is compatible with permitted uses and other existing restaurant and commercial uses in the area. Condition Numbers 1 through 29 will ensure that the use operates in a harmonious manner with the adjacent land uses and will not create any alcohol-related problems in the area. 5. Traffic and parking congestion will not result from the proposed use in that the
applicant proposes a valet parking program that will met the current demand generated by the proposed restaurant at a nearby location. It is also anticipated that customers will visit the proposed restaurant in addition to other destinations in the area and utilize transit or nearby public parking facilities, such as City Parking Lot 8, just behind the existing restaurant.
6. The public health, safety, and general welfare are protected in that the project is consistent with the provisions of the Zoning Ordinance, and the Land Use Element of the General Plan, which encourage pedestrian oriented uses such as restaurants along Neighborhood overlay zone of Wilshire Boulevard and conditions of approval have been incorporated to minimize adverse impacts on nearby land uses.
7. No harm to adjacent properties will result in that the conditions of approval with this approved Conditional Use Permit will ensure that the establishment operates in a manner which protects adjacent neighbors, whereas the current restaurant has is grandparented and has no such conditions. .
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VARIANCE FINDINGS
1. There are special circumstances or exceptional characteristics applicable to the property involved, including size, shape, topography, location, or surroundings, or to the intended use or development of the property that do not apply to other properties in the vicinity under an identical zoning classification. Specifically, the site is improved with an existing two-story commercial building with no space available for on-site parking. In 1981 a restaurant use with alcohol service was authorized with the approval of a parking variance (ZA #4321-y) and the use has been in continuous operation since that time.
2. The granting of such variance will not be detrimental nor injurious to the property or improvements in the general vicinity and district in which the property is located in that the proposed valet program will met the parking demand generated by the proposed restaurant. It is also anticipated that the parking demand will be further reduced since patrons will visit the proposed restaurant in addition to other destinations along the Wilshire Boulevard corridor, given the character of the area as both a neighborhood and regional destination for those using the UCLA Santa Monica Hospital across the street. Consequently, both transit or nearby public parking facilities within the Boulevard Commercial District will be utilized to support patron transportation needs. City Public Parking Lot 8, in fact, is located behind the subject property and includes 23 metered parking spaces that can accommodate customer who wish to self park. To ensure the continued use of the valet, staff has included a condition of approval (Condition No.29).
The restaurant operator shall provide an annual report to the City’s Planning Division or Transportation Management Division, which provides documentation of a lease agreement for at least 48 off-site parking spaces, a valet service agreement and permits via the City, and additional information such as quantifiable data associated with the ongoing demand and management of the off-site parking and any efforts by the applicant to provide transportation demand management for their employees to reduce the demand for parking.
City records indicate that the project site has operated as a restaurant from 1981 to the present, operating as Verdi, Cinch, and most recently, The Parlor restaurants. The applicant proposes to reinstate the parking variance and expand the restaurant use. Since no on-site parking is available, to ensure parking does not encroach into the residential neighborhoods Preferential Parking Zone K was expanded to restrict 14th ,15th, 16th Streets and California Avenue north of Wilshire Boulevard to 2 hr, parking between 9 am. and 6 pm and No parking 6 pm. to 2 am. daily, except by permit.
economic hardships in that there is no on-site parking spaces and the parking variance, with specific conditions including the provision of off-site parking during all operational hours, would allow the continued use of the restaurant at the site, given the use has not ceased operations and denial of the variance would require the closure of the existing restaurant.
4. The granting of a variance will not be contrary to or in conflict with the general purposes and intent of this Chapter, nor to the goals, objectives, and policies of the General Plan. Objective 1.6 which calls for commercial uses which serve regional, community and local needs along the City’s commercial corridors while respecting the adjacent residential neighborhoods. Additionally, the proposed project is consistent with Land Use Element Objective 1.7 which calls for the protection and expansion of uses within the neighborhood commercial areas of the City that provide for the day-to-day shopping and service needs of nearby residents and policy 1.7.2 which calls for preserving the concentration of ground-level, street-front neighborhood commercial uses on Wilshire Boulevard from 12th to 16th Streets.
Circulation Element policy 4.75 allows the reduction in parking requirements for ….”existing” development in accordance with approved transportation control measures which have been demonstrated to be effective in reducing parking needs and which are monitored and enforced by the City Policies
5. The variance would not impair the integrity and character of the district in which it is to be located in that the restaurant has been in operation without on-site parking since 1981 and the proposed valet program will encourage patrons and employees to take advantage of the off-site parking available via a valet operator. In addition, the lack of on-site parking will promote alternate modes of transit to the site, thereby reducing the amount of vehicular trips and parking demand within the area. The transportation demand plan will help increase the use of public transit and bicycles, supporting the pedestrian character of the district. To ensure the reduction of restaurant parking demand, staff has included condition of approval regarding the valet operation (Condition No. 29).
6. The subject site is physically suitable for the proposed variance in that the site is improved with an existing two-story commercial building that has been operated as a restaurant since 1981.
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8. There will be adequate provisions for public access to serve the subject variance proposal in that in that although there is no vehicular access provided directly onto the site and no on-site parking available, the project site is served by Wilshire Boulevard which provides pedestrian access to the site. In addition, the area is served by the Big Blue Bus.
9. For the reduction of the automobile parking space requirements, the reduction is based and conditioned upon an approved parking reduction plan that incorporates transportation control measures that have been demonstrated to be effective in reducing parking needs and that are monitored, periodically reviewed for continued effectiveness, and enforced by the City. Specifically, Condition No. 28 requires that the proposed Transportation Demand Management program be implemented to reduce the parking demand and the amount of vehicular trips within the area generated by the proposed restaurant. The program may provide incentives for both employee and customers to use alternate modes of transportation other than private vehicle to the restaurant, including free transit passes for employees and complementary meals to customers. This requirement is intended to limit the potential impacts that restaurants have on nearby residential neighborhoods, including the associated parking and circulation effects. Therefore, this requirement acts as a transportation control measure in that it limits traffic-generating uses that may negatively affect nearby residents and the district.
10. The strict application of the provisions of this Chapter would result in unreasonable deprivation of the use or enjoyment of the property in that due to the existing improvements, practical use or enjoyment of the subject parcel would not be possible due to the inability to provide the additional parking spaces required by code on-site for a parcel that has no on-site parking. The existing restaurant has been in operation since 1981 and is a compatible use within the district.
CONDITIONS OF APPROVAL:
PLANNING AND COMMUNITY DEVELOPMENT Project Specific Conditions
1. This approval is for a Type 47 (On Sale General – Eating Place) alcohol license only. Any request to modify the license type shall require approval from the Planning Commission.
to closure. Complete closure and all employees must vacate the premises from one hour after closing, daily. No after hours operation shall be permitted.
3. No exterior activity such as trash disposal, deliveries or other maintenance activity generating noise audible from the exterior of the building shall occur from one hour after closing to 6:00 AM. In addition, there shall be no disposal of bottles or noise generating trash between 11:00 PM and 6:00 AM daily. Trash containers shall be secured with locks.
4. Seating arrangements for sit-down patrons shall not exceed 225 total seats. The number of seats shall consist of 189 indoor seats, and 36 bar seats.
5. No more than 35% of total gross revenues per year shall be from alcohol sales. The operator shall maintain records of gross revenue sources which shall be submitted annually to the City of 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
6. The primary use of the premises shall be for sit-down meal service to patrons. Alcohol shall not be served to persons except those intending to purchase meals. 7. The applicant shall patrol the neighborhood to monitor patron behavior and pick up any trash left behind by patrons. The route the staff patrols and the frequency of the patrols shall be approved by the City’s Planning Division and maintained as part of the site operational plan until such time as the City may deem the patrols unnecessary.
8. No alcoholic beverage shall be sold for consumption beyond the premises.
9. The establishment shall maintain a kitchen or food-serving area in which a variety of food is prepared and cooked on the premises.
10. The establishment shall serve food to patrons during all hours the establishment is open for customers.
11. Customers shall be permitted to order meals at the bar areas at all times the bar or restaurant is open for business.
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13. A building permit shall be obtained to remove the doors leading to the 2nd floor roof deck, or these doors shall be made into a window so that patrons access to the roof would not occur.
14. Any minimum purchase requirement may be satisfied by the purchase of beverages or food.
15. Take out service shall be only incidental to the primary sit-down use.
16. The operation shall at all times be conducted in a manner not detrimental to surrounding properties or residents by reason of lights, noise, activities, parking or other actions.
17. The owner shall control noisy patrons leaving the restaurant.
18. Prior to final inspection or commencement of alcohol service, a security plan shall be submitted to the Chief of Police for review and approval. The plan shall address both physical and operational security issues.
19. Prior to final inspection, commencement of alcohol service, or within 30 days of the CUP approval, the operator shall submit a plan for approval by the Director of Planning and Community Development regarding employee alcohol awareness training programs and policies. The plan shall outline a mandatory alcohol awareness training program for all employees having contact with the public and shall state management’s policies addressing alcohol consumption and inebriation. The program shall require all employees having contact with the public to complete a California Department of Alcoholic Beverage Control (ABC) sponsored alcohol awareness training program within 90 days of the effective date of this approval. In the case of new employees, the employee shall attend the alcohol awareness training within 90 days of hiring. In the event the ABC no longer sponsors an alcohol awareness training program, all employees having contact with the public shall complete an alternative program approved by the Director of Planning and Community Development. The operator shall provide the City with an annual report regarding compliance with this condition. This project shall be subject to any future City-wide alcohol awareness training program condition affecting similar establishments.
21. Except for special events, alcohol shall not be served in any disposable container such as disposable plastic or paper cups.
22. No dancing, dance floor, or live entertainment beyond that allowed in the restaurant definition contained in the Zoning Ordinance shall be permitted on the premises. There shall be no cover charge or related minimum drink purchase requirement.
23. No video or other amusement games shall be permitted on the premises.
24. Window or other signage visible from the public right-of-way that advertises beer or alcohol shall not be permitted.
25. Applicant is on notice that all temporary signage is subject to the restrictions of the City sign ordinance.
26. The project shall at all times comply with the provisions of the Noise Ordinance (SMMC Chapter 4.12).
Parking Variance Conditions
27. The restaurant operator shall provide an annual report due October 1st of each year to the City’s Planning Division or Transportation Management Division, which provides documentation of a lease agreement for at least 48 off-site parking spaces during all operational hours, a valet service agreement during all operating hours and approved valet permits issued by the City, and additional information such as quantifiable data associated with the ongoing demand and management of the off-site parking and any efforts by the applicant to provide transportation demand management for their employees to reduce the demand for parking.
27b. The transportation demand management may include the following:
Transportation Information. The applicant will provide on-site information for employees and customers about transit services (including ride share programs and shuttles) and bicycle facilities (including routes and parking). Free Transit Passes for Employees. The applicant will provide all of its
employees who commit to transit use each month an EZ Transit Pass through the Santa Monica Big Blue Bus or Metro program (or a similar bus pass if the EZ Transit Pass is no longer available).
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The applicant will provide a cash incentive to employees who carpool to work on a regular basis in an amount equal to a monthly transit pass.
The applicant will encourage customers to use public transit, bicycles, or walk to the restaurant through various incentives, including conducting a weekly drawing to offer a complementary meal for those individuals that use such alternate modes of transit to the restaurant (random selection from names collected), or through incentives of similar effectiveness as may be designed and implemented periodically.
28. The applicant shall work with the City’s Transportation Management Division to create a specific transportation demand management program for the employees of the restaurant. The goal of this management program is to reduce the
employees Average Rider Vehicle (ARV) trips to and from their place of work. 29. The valet operator shall at all times conduct the vehicle transport services
between the site and the off-site parking lease area in a manner that protects the adjacent neighbors from nuisance, including excessive noise, and adherence to the rules and conditions of the City’s approved valet permit. The valet service shall operate daily from the restaurant’s opening to closing, and all day Saturday and Sunday during operation hours. The valet parking operation shall be subject to the review and approval of the Transportation Management Division (TMD).
Administrative
30. 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.
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.
32. 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.
33. Prior to final inspection, the applicant shall post a notice at the building entry stating that the site is regulated by a Conditional Use Permit and the Statement of Official Action, which includes the establishment’s conditions of approval, is available upon request. This notice shall remain posted at all times the establishment is in operation.
34. 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.
35. In the event permittee violates or fails to comply with any conditions of approval of this permit, no further permits, licenses, approvals or certificates of occupancy shall be issued until such violation has been fully remedied.
Conformance with Approved Plans
36. This approval is for those plans dated April, 2009, a copy of which shall be maintained in the files of the City Planning Division. Project development shall be consistent with such plans, except as otherwise specified in these conditions of approval.
37. 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.
28 Standard Conditions
39. Final approval of any mechanical equipment installation will require a noise test in compliance with SMMC Section 4.12.040. Equipment for the test shall be provided by the owner or contractor and the test shall be conducted by the owner or contractor. A copy of the noise test results on mechanical equipment shall be submitted to the Community Noise Officer for review to ensure that noise levels do not exceed maximum allowable levels for the applicable noise zone.
VOTE: CUP 08-015 & VAR 08-021
Ayes: Nays: Abstain: Absent:
NOTICE
I hereby certify that this Statement of Official Action accurately reflects the final determination of the Planning Commission of the City of Santa Monica.
_____________________________ _____________________________ Hank Koning, 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
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ATTACHMENT D PHOTOGRAPHS
