Planning Commission Report

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1 Planning Commission Report Planning Commission Meeting: October 19, 2011 Agenda Item: 8-A To: From: Subject: Planning Commission Amanda Schachter, City Planning Division Manager Conditional Use Permit (11CUP-008) to allow a new restaurant operator to occupy an existing restaurant space with an expanded seating area and retain the existing alcohol license (Type 47, On-Sale General Eating Place). In addition, a Variance (11VAR-015) request is submitted to allow a reduction in the number of parking spaces required for the new restaurant by 8 spaces. Address: 1501 Ocean Avenue Applicant: N & D Restaurants Inc. dba Season s 52 Recommended Action It is recommended that the Planning Commission take the following actions subject to findings and conditions contained in Attachment B: 1. Approve application 11CUP-008 and 11VAR Adopt the Statement of Official Action Executive Summary The applicant is requesting a Conditional Use Permit (CUP) to allow for the interior reconfiguration of an existing tenant space in the Residential-Visitor Commercial (RVC) District, previously used as a restaurant, while maintaining the existing alcohol license. The proposal would reconfigure the existing restaurant s interior space, resulting in the intensification of use and increase of overall number of seating from 255 to 339 seats. The CUP is required for the seating expansion because the 33% increase in the number of seats exceeds the 255 seats authorized by the existing CUP. As a result of this intensification of the restaurant use, additional parking is required, which will be fulfilled by the existing surplus parking within the mixed-use building except for eight spaces, necessitating the variance request. The following issues should be considered by the Planning Commission in its review of the proposed project and are addressed in this report: 1

2 Is the proposed Conditional Use Permit application to expand the existing restaurant space consistent with the General Plan? Is the proposal compatible with the surrounding neighborhood and have operational safeguards been proposed to minimize impacts? Are there special circumstances and unnecessary hardships associated with the subject property that warrant the granting of a Variance to allow a reduction in number of parking spaces provided? Background The Planning Commission approved a Conditional Use Permit (89CUP-055) on September 20, 1989 for service of alcoholic beverages for a permitted by right 255 seat restaurant with bar and outdoor dining area at the subject tenant space. Although the existing use and type of alcohol license would remain the same with the new tenant, an amendment to the existing CUP is required since the number of seats will be increased from 255 to 339 seats with a reconfiguration of the interior space. The Statement of Official Action for 89CUP-055 is contained in Attachment D. 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: Land Use Element Designation: Parcel Area (SF): Parcel Dimensions: Existing On-Site Improvements (Year Built): Rent Control Status/Remaining tenants on-site: Adjacent Zoning Districts and Land Uses: Residential-Visitor Commercial (RVC) and Downtown Commercial (C3) Districts Downtown Core 39,796 SF Irregular 3 and 5-story retail and office building with 4-level subterranean garage (1989) Exempt - Commercial North: RVC/ Hotel & BSC4/ Commercial-Retail East: C3C/ Commercial-Retail South: RVC/ Commercial & C3 Restaurant, Office West: DP/ Palisades Park Site Location Map The subject property is located on the south side of Broadway extending from Ocean Avenue to Second Street with a frontage of 100 feet along Ocean Avenue and 150 feet 2

3 along Second Street. The site straddles two zoning districts, C3 and RVC, and is developed with a 96,947 square foot retail/office building and four-level subterranean parking garage located at 120 Broadway. The subject tenant space is located in the portion of the property within the RVC zoning districts and faces Ocean Avenue (1501 Ocean Avenue). The surrounding land uses and zoning consist of one, two and threestory commercial buildings to the north across Broadway, Palisades Park to the west across Ocean Avenue and Santa Monica Place to the east across Second Street. Environmental Analysis The proposed restaurant expansion and parking variance is exempt from the provisions of the California Environmental Quality Act pursuant to CEQA Guideline Section 15301, Class 1. The project consists of minor remodeling and improvements to an existing private structure without increasing the overall floor area. Project Description and Analysis Proposed Project Operation / Hours of Alcohol Service The applicant is requesting a CUP to allow expansion of seating in a restaurant space authorized for 255 seats that also provides the incidental sale and consumption of alcoholic beverages. A new restaurant would occupy the existing 10,822 square foot restaurant tenant space located on the ground floor along Ocean Avenue. The proposed reconfiguration of dining area would result in a total of 339 seats which would be laid out as follows: Indoor Seating Main Dining Napa Room Sonoma Room Carneros Room Chef s Table Total Indoor Seating Bar Seating Bar Dining Bar Stools Total Bar Seating Outdoor Seating Patio Seating Total Restaurant Seating 122 seats 36 seats 36 seats 24 seats 8 seats 226 seats 48 seats 29 seats 77 seats 36 seats 339 seats The restaurant establishment would retain the full-service restaurant use of the previous tenant (I Cugini) for sit-down meal service and the ability for patrons to purchase and consume alcoholic beverages during the operating hours of the new restaurant, which 3

4 are from 11:00 AM to 11:00 PM, 7 days a week. This is a decrease in operating hours from the previous restaurant s hours of operations which were from 6:00 AM to 2:00 AM daily. In order to prevent the use of the bar area in a manner that functions independently of the primary restaurant establishment, the restaurant would be required to serve food to patrons during all hours the establishment is open for customers. Further, to ensure that the primary business operations are as a food-serving establishment, Condition No. 25 requires that no more than 35% of total gross revenues per year be from alcohol sales. The applicant has indicated that the total gross revenue per year from alcohol sales is projected not to exceed 20%. Broadway OUTDOOR DINING AREA BAR AREA Ocean Avenue EXISTING FLOOR PLAN The existing outdoor dining patio seating area, which partially extends 12-feet into the public right-of-way, would be retained for use by the new restaurant operator. The outdoor dining is proposed to be reduced from 2,083 square feet to 854 square feet as a result of eliminating most of the outdoor dining area previously located on private property by moving the exterior wall closer to the property line and expanding the interior seating area. Patron access to the outdoor seating area will be provided from inside the restaurant only. One of the two existing emergency exits from the outdoor dining patio will also be retained. Changes to the outdoor dining enclosure include replacing the existing canopy, railing and glass windscreen with new enclosure and trellis while retaining the existing low wall. One of the two emergency exists will also be removed to accommodate a new water/fire feature. Approval from the Public Works Department is required for modification to the outdoor dining enclosure on the public 4

5 right-of-way. In addition, a new lease agreement through the City s Economic Development Division will be executed between the restaurant operator and the City of Santa Monica for the use of the outdoor dining area. All changes to the exterior, including the outdoor dining enclosure require review by the Architectural Review Board. Broadway OUTDOOR DINING AREA BAR AREA Ocean Avenue PROPOSED FLOOR PLAN The restaurant s outdoor dining area covers less than 10% of the total restaurant floor area and would face Ocean Avenue, with access from the interior only. Alcohol service will continue to compliment the full scale meal service with ancillary bar area at the expanded restaurant establishment. Staff does not have any concerns with alcohol services the proposed expanded restaurant given its location on Ocean Avenue, in close proximity to other restaurants that serve a full-line of alcoholic beverages as part of their operations. A restaurant use with an outdoor dining area has been at this location for more than 20 years, adds to the dining opportunities along Ocean Avenue, and is consistent with the intent of the Downtown Core to maintain and enhance the area for both residents and visitors. The outdoor dining hours are also 11:00 AM to 11:00 PM daily. The Community and Cultural Services and Police Departments have been notified of the project and both have no comments or objections to the proposal. Neighborhood Compatibility Santa Monica s Downtown functions as the City s greatest concentration of commerce, retail, dining, transit, and entertainment. The RVC District is within the Downtown Core 5

6 and is intended to maintain and enhance the area serving both residents and visitors to the downtown area. The neighborhood provides a variety of commercial, residential, cultural, and recreational opportunities and complementary uses such as hotels, housing, and other visitor serving uses. The RVC District encourages uses that generate activity during both daytime and evening hours. The surrounding developments on Ocean Avenue include a variety of commercial uses including other restaurants. The proposed restaurant is located on the ground floor of a five-story commercial development with office and retail uses which will enhance the district s mix of uses by offering a dining option with alcohol service along Ocean Avenue, largely consistent with the alcohol service for the restaurant use at the tenant space. Alcohol Outlets in the Area Dining establishments within the Downtown Core are typically paired with alcohol licenses. Additionally, outdoor seating is encouraged for restaurants exterior spaces. The following table identifies the location, license type and hours of other alcohol serving outlets within 500-feet of the subject site: Establishment Address License Type Hours of Alcohol License Makai 101 Broadway Type 47, On-Sale General Eating Place 7AM Midnight, Sun-Wed 7AM 2AM, Thur-Sat Frank s Liquor 115 Broadway Type 21, Off-Sale General Eating Place Legal Non-Conforming ABC Hours The Yard Broadway Type 47, On-Sale General Eating Place 11AM 1AM Thai Dishes 123 Broadway Type 47, On-Sale General Eating Place 10AM 12:30AM Sun-Thur 10AM 1:30AM Fri-Sat Fifth Amendment Ale House 129 Broadway Type 41, On-Sale Beer & Wine Eating Place 1PM 2AM Daily Buddha s Belly 201 Broadway Type 47, On-Sale General Eating Place 9AM 1AM Copa de Oro 217 Broadway Type 48, On-Sale General Public Premises Café Crepe rd St. Promenade Type 47, On-Sale General Eating Place 1PM 2AM Daily 9AM Midnight 9AM 1AM, Fri - Sat Bucca Di Beppo nd St. Type 47, On-Sale General Eating Place Noon Midnight Daily Chloe nd St. Type 47, On-Sale General Eating Place 5PM 2AM Daily Ivy at the Shore 1535 Ocean Ave. Type 47, On-Sale General Eating Place 11AM 11PM Daily Il Forniaio 1551 Ocean Ave. Type 47, On-Sale General Eating Place Development Agreement Site, alcohol not subject to CUP, ABC allows service until 2 AM The Lobster 1602 Ocean Ave. Type 47, On-Sale General Eating Place 10AM-11AM Mon-Fri 10AM 1AM, Sat-Sun Holiday Inn 120 Colorado Ave. Type 47, On-Sale General Eating Place 10AM-11PM La Sandia 395 SM Place Type 47, On-Sale General Eating Place 10AM 2AM 6

7 Ozumo 395 SM Place Type 47, On-Sale General Eating Place 10AM 2AM Pizza Antica 395 SM Place Type 41, On-Sale Beer & Wine Eating Place Sonoma Garden Wine 10AM 2AM 395 SM Place Type 47, On-Sale General Eating Place 10AM 2AM Xino Restaurant 395 SM Place Type 47, On-Sale General Eating Place 10AM 2AM Zengo 395 SM Place Type 47, On-Sale General Eating Place 10AM 2AM The Palate Curious 395 SM Place Type 41, On-Sale Beer & Wine Eating Place Pinches Tacos 395 SM Place Type 41, On-Sale Beer & Wine Eating Place Chick n Ribs 395 SM Place Type 41, On-Sale Beer & Wine Eating Place Crepe Maker 395 SM Place Type 41, On-Sale Beer & Wine Eating Place True Kitchen Food 10AM 2AM 10AM 2AM 10AM 2AM 10AM 2AM 395 SM Place Type 47, On-Sale General Eating Place 10AM 2AM Blue Stove 220 Broadway Type 41, On-Sale Beer & Wine Eating Place 10AM 8PM Parking Variance The reconfigured restaurant space requires 101 parking spaces per SMMC Section The applicant s request for the parking variance is to reduce the number of required parking spaces by 8 and provide the remaining 93 parking spaces within the existing on-site four-level subterranean garage of the building. Vehicular access to the subterranean garage is provided via a driveway located along Second Street on the east side of the building and from First Court (alley) on the south side of the building for monthly pass-holders. The applicant commissioned Kimley-Horn and Associates, Inc. to conduct a parking utilization study (Attachment E) of the parking within the subterranean garage. At the time the study was conducted (August 2011) the tenant spaces within the building were fully leased except for the subject tenant space. The parking utilization counts were conducted during the summer months, when visitation to Downtown is generally higher. After coordinating with the parking facility staff and conducting its own parking inventory of the structure, it was determined that there are currently 385 parking spaces available, resulting in 93 surplus parking spaces for use by the new restaurant after the required 292 spaces for the different uses in the building are accounted for. However, parking lease information provided in the study indicates that out of the 385 spaces available, a total of 64 spaces are leased to two off-site businesses, reducing the total available parking spaces in the building from 93 to 29 spaces. The study further indicates that both lease agreements are month-to-month and are terminable with one month s notice. The property owner would need to terminate both leases prior to the restaurant commencing operations in order to accommodate the code required parking spaces, 7

8 minus the 8 spaces for which this variance is requested, unless a shared parking request pursuant to the City s Interim Ordinance is applied for and approved. As such, a condition of approval is recommended to require the lease agreements with off-site tenants be terminated prior to approval of final inspections for the new restaurant tenant improvement permit (Condition #5). 120 Broadway Building Restaurant Space at 1501 Ocean Avenue PROJECT SITE A valet area is located on Broadway in front of the restaurant s pedestrian access. Although the operator anticipates that most customers will use the valet services, customers may also park their cars themselves. The lease agreement between the restaurant operator and the property owner indicates that the restaurant will have 9 employee parking permits and will be provided 50 reserved valet spaces in the parking structure on weekdays before 5:00 PM, and the right to park an additional 50 valet vehicles after 5:00 PM on weekdays and the weekends. The study documented parking demand at the building on two weekdays (Tuesday and Thursday) and a weekend (Saturday). Parking utilization was observed five times each day (10:00 AM, 12:00 PM, 3:00 PM, 6:00 PM and 9:00 PM), in an effort to capture current peak periods of parking demand at the garage as well as to coincide with the anticipated peak periods of patronage at the proposed restaurant. The study found that the peak demand for parking ( spaces) during the weekday (Tuesday and Thursday) was observed at 3:00 PM. During the weekend (Saturday) observation, the peak demand for parking also occurred at 3:00 PM with 192 vehicles parked in the garage. The corresponding number of available spaces during the weekday ranged from 142 on Tuesday to 123 on Thursday and 193 on Saturday. The study found that the parking demand in the parking structure builds to a mid-afternoon peak on all three 8

9 days, declining through the afternoon and evening. The study also found that the parking demand is consistent with the office use on site, with peak parking demand during business hours on weekdays. Using the observed parking demand for the building and the Code required 101 parking spaces for the new restaurant; the study projected the combined parking need for the site, in order to determine whether the existing parking supply will be adequate to meet the parking needs of the proposed restaurant and existing businesses on site. The projection indicates that the peak demand for the existing plus proposed project would be at 363 spaces, at 3:00 PM, leaving 22 spaces available. The study took a conservative approach in projecting the restaurant demand at 3:00 PM, to coincide with the peak hour of the existing uses, since a restaurant would not typically experience its full parking demand at 3:00 PM. The study further demonstrates that the existing, primarily office uses within the building and the proposed restaurant use are complementary and ideal for shared parking as documented by the Urban Land Institute (ULI) 1. Based on the ULI Shared Parking Study, when office parking demand is at 100% at 10:00 AM and 2:00 PM on a weekday, a restaurant parking demand is at 26% and 65% of its peak, respectively. Conversely, when the restaurant parking demand is at 100% from 7:00 PM to 10:00 PM on a weeknight, and at 8:00 PM on a weekend night, the office use would be closed and therefore will not have a parking demand. The study concluded that that there is a substantial surplus of parking spaces within the parking garage throughout the year during daytime and evening periods both on weekdays and weekends. In addition, the study concluded that due to the mix of uses such as office and restaurant, that have varying time-of-day peak parking characteristics, the parking spaces are not occupied by the different uses simultaneously. Therefore, the study s finding that the number of parking spaces occupied during the peak hour of demand is substantially less than the number of parking spaces available is understandable. Finally, the study concluded that the required parking spaces for the proposed restaurant can be accommodated within the building without adversely affecting parking availability to other current users of the garage based on the observed demand for parking in the garage, as well as in consideration of the current leases for parking spaces in the facility. Therefore, based on the parking analysis for the site, the proposed 8 parking space reduction is appropriate. The Strategic and Transportation Planning Division reviewed the methodology and calculations of the parking demand study prepared for the subject site and supports the granting of the Variance. As a part of the applicant s parking reduction plan, the proposed TDM program consists of the following measures: 1 Urban Land Institute Shared Parking (2 nd Edition) 9

10 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). Pay for employee memberships to the Bike Transit Center at the corner of Second Street and Colorado Avenue, which will provide secure bicycle lockers and showers, to encourage bicycle ridership by employees. Agree to participate in the establishment of a geographic-based Transportation Demand Management Association. Transportation Demand Management Associations would provide employees, businesses, visitors, and residents of an area with resources to increase the amount of trips taken by transit, walking, bicycling, and carpooling. Conformance with Land Use Element The proposed use is consistent with Goals and Policies established in the Land Use and Circulation Element (LUCE). The subject site is located within the Downtown Core Land Use District, which serves as the City s center of transportation, commerce, and entertainment. LUCE Goal D1 envisions the Downtown Core as a premier shopping, dining and entertainment destination for local and regional visitors. Policy D1.1 supports the creation of diverse local and regional serving retail and dining opportunities in the district. The subject CUP would allow for a new dining establishment an opportunity to operate in a manner that is consistent with other dining operations and alcohol outlets in the Downtown. LUCE Goal D7 supports the district s balanced mix of uses that reinforce the greatest concentration of activity in the City and Policy D7.1 encourages a broad mix of uses that create dynamic activity in both the daytime and evening hours in the district. The full-service restaurant with incidental alcohol service will provide meal service to residents and visitors during day and evening hours. 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 Deny, with or without prejudice, the subject application Conclusion The project involves intensifying a restaurant use that serves alcohol within a tenant space previously occupied as an eating establishment with alcohol service. The continued use of a restaurant establishment serving alcohol in the RVC district is consistent with the LUCE, specifically Goal D1, which encourages the creation of diverse local and regional serving retail and dinning opportunities in the Downtown Core. The project is located in the Downtown area in close proximity to other 10

11 restaurants, retail, recreation, and public transportation serving both residents and visitors to the area. To comply with parking requirements, the applicant requests a parking variance based on a parking study indicating that there is adequate on-site parking during peak restaurant occupancy to accommodate the additional parking demand of the new restaurant. As conditioned, the proposed intensification of restaurant use with alcohol service and parking variance request is not anticipated to create any negative impacts to the surrounding neighborhood. Prepared by: Lily Yegazu, Associate Planner Paul Foley, Principal Planner Attachments A. General Plan and Municipal Code Compliance B. Draft Statement of Official Action C. Public Notification & Comment Material D. Statement of Official Action 89CUP055 E. Parking Analysis F. Photographs G. Project Plans F:\CityPlanning\Share\PC\STRPT\2011\11CUP008-11VAR015 (1501 Ocean Ave).docx 11

12 ATTACHMENT A GENERAL PLAN AND MUNICIPAL CODE COMPLIANCE WORKSHEET Project Location and Permit Processing Time Limits Project Address: 1501 Ocean Avenue Application Filing Date: July 18, 2011 CEQA Deadline: October 24, 2011 without extension. PSA Deadline: December 24, 2011 Total Process Review 55 days Time (Days): General Plan and Municipal Code Compliance Worksheet CATEGORY LAND USE ELEMENT MUNICIPAL CODE PROJECT Permitted Use N/A A Conditional Use Permit is required for eating and drinking establishments that dispense and sale of alcoholic beverages. [SMMC ] Applicant requests a Conditional Use Permit to amend CUP and expand seats from 255 to 339 in conjunction with the on-site sale and consumption of alcohol. Parking Access Alley access is encouraged when alley exists. Alley access is required when alley exists, with exceptions per Sec Existing parking access from Ocean Avenue and Second floor to remain. Parking Space Number N/A General Office 1/300 SF General Retail 1/300 SF Restaurants: -Support Area 1/300 SF -Service & Seating Area 1/75 SF -Separate Bar Area 1/50 SF Variance Requested Applicant proposes to not provide any additional parking beyond the 384 spaces that are provided onsite (subterranean parking) 12 Attachment A General Plan & Municipal Code Compliance Worksheet

13 ATTACHMENT B DRAFT STATEMENT OF OFFICIAL ACTION City of Santa Monica City Planning Division PLANNING COMMISSION STATEMENT OF OFFICIAL ACTION PROJECT INFORMATION CASE NUMBER: Conditional Use Permit and Variance LOCATION: 1501 Ocean Avenue APPLICANT: N & D Restaurants Inc. dba Season s 52 PROPERTY OWNER: CASE PLANNER: REQUEST: CEQA STATUS: Douglas Emmett 1995 LLC Lily Yegazu, Associate Planner Conditional Use Permit (11CUP-008) and Variance (11VAR-015) to allow the expansion of an existing restaurant space and retention of the existing alcohol license (Type 47, On-Sale General Eating Place). In addition, a variance requests to allow a reduction in the number of parking spaces required by 8 spaces. The project is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15301, Class 1 of the State CEQA Guidelines whereas the project consists of expanding an existing restaurant space in an urbanized area. The project consists of interior remodeling and improvements and a negligible expansion in that the project does not increase the floor area of the existing building. PLANNING COMMISSION ACTION October 19, 2011 X Determination Date Approved based on the following findings and subject to the conditions below. 13 Attachment B Draft Statement of Official Action

14 Denied. Other: EFFECTIVE DATES OF ACTIONS IF NOT APPEALED: EXPIRATION DATE OF ANY PERMITS GRANTED: LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATES*: November 2, 2011 May 2, 2013 (18 months for projects located in the Coastal Zone) 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 eating and drinking establishments and alcohol service are conditionally permitted in the RVC (Residential-Visitor Commercial) 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 RVC District s intent is to protect the existing residential mix in the area while providing for the concentration and expansion of coastal-related, lodging, dining, recreation, and shopping needs of tourists and others in the oceanfront area. The expanded restaurant enhances the mix of the food serving establishments for both local residents and visitors to the area. Alcohol-related problems are not generally associated with full-service restaurants and conditions of approval have been included to mitigate potential impacts related to the serving and consuming alcohol on the restaurant tenant s premises. 3. The subject parcel is physically suitable for the type of land use being proposed, in that the parcel is fully developed with a multi-story retail/office building that can accommodate the proposed restaurant expansion with alcohol service without increasing the square footage of the existing building. 14 Attachment B Draft Statement of Official Action

15 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 includes retail uses on the ground floor and office uses on the upper floors. The expanded interior dining area with a reduced outdoor dining area with incidental alcohol sales will occupy an existing tenant space previously occupied as a restaurant establishment and is compatible with typical restaurant operations existing in the immediate area. Alcohol-related problems are not generally associated with fullservice restaurants as the operators are vested in providing an environment conducive to dining. 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 area is characterized by a variety of dining establishments with similar licensing and dining hours. As proposed, the hours of alcohol service are no more intense than typical restaurants in the RVC and neighboring C3 and Bayside Districts. Additionally, alcohol-related problems are not generally associated with full-service restaurants, as operators are vested in providing environments conducive to dining. The Conditions of Approval will ensure that the use operates in a harmonious manner with the adjacent land uses and will not create alcohol-related problems in the area. 6. There are adequate provisions for water, sanitation, and public utilities and services to ensure that the expanded restaurant use would not be detrimental to public health and safety, in that the alcohol licensing is conditionally permitted in the Zoning Ordinance and is proposed for a restaurant tenant space located within an existing development with restaurant use. 7. Public access to the proposed use will be adequate in that pedestrian access to the restaurant is provided directly from the public sidewalk on Broadway and vehicular access for the project site s existing subterranean garage is provided from Second Street and First Court (alley). 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 expanded restaurant will occupy a ground floor tenant space previously occupied by a restaurant. The proposed alcohol licensing will be in conjunction with a fullservice, sit-down restaurant in an area developed with other dining establishments. 9. The proposed use is consistent with the goals, objectives, and policies of the General Plan, in that Land Use Element Goal D1 requires uses that maintain Downtown s competitive advantage as a premier local and regional shopping, dining, and entertainment destination. Specifically, Policy D1.1 encourages creating a diversity of retail opportunities including local and regional serving retail and dining in the Downtown. The alcohol outlet is in conjunction and 15 Attachment B Draft Statement of Official Action

16 incidental to the proposed full-service, sit-down restaurant. Furthermore, Land Use Element Goal D7 and Policy D7.1 support creating a balanced mix of uses in the downtown that reinforces its role as the greatest concentration of activity in the City and encouraging a broad mix of uses that create dynamic activity in both the daytime and evening hours. The proposed new restaurant with expanded seating and alcohol licensing provides the restaurant operator the ability to offer beverages that are similar to other food serving establishments within downtown area. 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 conditions to mitigate any potential adverse impacts such as limiting the operator to 35% of total gross revenues on the percentage of alcohol sales per year and ensuring that the primary business operations involve a full-service restaurant with sitdown meal service. Further, a full service restaurant has been at this location for over 20 years and the proposal is to modify the existing floor plan to increase seating. 11. The proposed use conforms precisely to the applicable performance standards contained in Subchapter and special conditions outlined in Subchapter 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 restaurant with alcohol license will occupy a tenant space previously used by a full service restaurant with alcohol which is located in a district that encourages commercial recreation and visitor serving uses and activities. This type of outlet has not contributed significantly to alcohol related problems in the area and it is anticipated that the incorporation of various conditions of approval will minimize any potential adverse impacts. 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. Further, alcohol-related problems are not generally associated with full-service restaurants operators are vested in providing environments conducive to dining. 2. The proposed use will not contribute to an undue concentration of alcohol outlets in the area in that restaurant with alcohol license will occupy a tenant space previously used by a full service restaurant with alcohol. 3. The proposed use will not detrimentally affect nearby neighborhoods considering the distance of the alcohol outlet to residential buildings, churches, 16 Attachment B Draft Statement of Official Action

17 schools, hospitals, playgrounds, parks, and other existing alcohol outlets in that the conditions for approval, such as the requirement that the establishment operate with no entertainment, 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 the restaurant location which a previous restaurant space and in a commercial district, where restaurant with an alcohol license is compatible with permitted uses. 5. Traffic and parking congestion will not result from the proposed use in that all required parking is located in the subterranean parking area which is accessed from Second Street and First Court (alley). 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, and alcohol outlet specific conditions have been added to mitigate any potential adverse impacts. 7. No harm to adjacent properties will result in that the conditions of approval will ensure that the establishment operates as a full-service, sit-down restaurant with incidental alcohol sales. 8. The proposed use is consistent with the goals, objectives, and policies of the General Plan, in that Land Use Element Goal D1 requires uses that maintain Downtown s competitive advantage as a premier local and regional shopping, dining, and entertainment destination. Specifically, Policy D1.1 encourages creating a diversity of retail opportunities including local and regional serving retail and dining in the Downtown. The alcohol outlet is in conjunction and incidental to the proposed full-service, sit-down restaurant. Furthermore, Land Use Element Goal D7 and Policy D7.1 support creating a balanced mix of uses in the downtown that reinforces its role as the greatest concentration of activity in the City and encouraging a broad mix of uses that create dynamic activity in both the daytime and evening hours. The proposed new restaurant and alcohol licensing provides the restaurant operator the ability to offer beverages that are similar to other food serving establishments within downtown area. 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 multi-story commercial building with a four-level subterranean parking garage with 385 spaces. However, the on-site uses do not utilize all spaces in the garage, the parking demand study results demonstrate 17 Attachment B Draft Statement of Official Action

18 the availability of parking spaces during full occupancy, and peak demand periods when only 8 additional parking spaces are required to accommodate the proposed expansion of the restaurant space. Additionally, as conditioned, valet parking service is provided in order to maximize use and operation of the on-site parking. 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 there is adequate on-site parking during peak hours to accommodate the proposed restaurant intensification. 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, due to existing improvements located on the subject property the site is unable to accommodate the additional 8 parking spaces required by Code. Further, as indicated in the parking demand study, parking spaces are available on-site during peak operation. In addition, a TDM plan proposed for the project includes a strategy to help reduce the parking demand generated by the project, including incentives for employees to use alternative modes of transportation and secure bicycle storage. The parking management plan required for the project will provide for the efficient use of the existing parking spaces within the building. To ensure the reduction of parking demand generated by the proposed project, the TDM program is included as condition of approval (Condition #20). 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 LUCE. Consistent with the LUCE Policy D31.9, which encourages the implementation of an employee TDM program for new businesses. The TDM plan proposed for the project includes a strategy to help reduce the parking demand generated by the project, including incentives for employees to use alternative modes of transportation and secure bicycle storage. The parking management plan required for the project will provide for the efficient use of the existing parking spaces within the building. 5. The variance would not impair the integrity and character of the district in which it is to be located in that the parking demand study substantiates that more than adequate parking is available on site to support the on-site uses and restaurant intensification. 6. The subject site is physically suitable for the proposed variance in that the site is a irregularly-shaped parcel, 100 wide along the front, 150 wide along the rear and 350 in depth and is fully developed with a three and five-story commercial structure. The existing physical configuration of the site allows no room for the construction of additional parking spaces on site. 18 Attachment B Draft Statement of Official Action

19 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 the subject property is located within a developed urbanized environment that is adequately served by existing infrastructure, public utilities and services. It is not anticipated that approval of the subject application will create a need for additional utilities or services. 8. There will be adequate provisions for public access to serve the subject variance proposal in that the pedestrian entrance for the restaurant space is from the Broadway sidewalk and the parking spaces are accessed from Second Street and First Court alley. 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 as contained in Section of this Chapter. In addition, a TDM plan proposed for the project includes a strategy to help reduce the parking demand generated by the project, including incentives for employees to use alternative modes of transportation and secure bicycle storage. The parking management plan required for the project will provide for the efficient use of the existing parking spaces within the building. 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 existing parcel constraints, the location of existing improvements, and the placement of adjacent uses, practical use or enjoyment of the subject parcel would not be possible. CONDITIONS OF APPROVAL: PLANNING AND COMMUNITY DEVELOPMENT Project Specific Conditions 1. This approval is for a modification to an existing restaurant tenant space with onsite alcohol service by expanding the number of seats from 255 to 339 while retaining the Type 47 (On-Sale General) alcohol license. The conditions of approval contained herein supersede, replace and incorporate the relevant conditions of approval included in CUP Seating arrangements for sit-down patrons shall not exceed 339 seats. Bar area seating shall not exceed 77 seats; restaurant seating shall not exceed 226 seats; outdoor dining area seating shall not exceed 36 seats. 19 Attachment B Draft Statement of Official Action

20 3. The permitted hours of service shall be 11:00 AM through 11:00 PM daily, with complete closure and all employees vacated from the building by 1:00 AM. No "after hours" operations shall be permitted. 4. Recycling and trash deposits located outside the building will not occur between 11:00 PM and 6:00 AM. 5. The property owner shall terminate all existing parking lease agreements with offsite tenants prior to issuance of Certificate of Occupancy for the new restaurant. The property owner may apply for a Shared Parking Permit pursuant to the City s Interim Ordinance. 6. The restaurant operator shall provide valet parking service for its patrons during the operating hours of the restaurant, from 11:00 AM to 11:00 PM. Administrative 7. 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 , Sections through An appeal of the approval, conditions of approval, or denial of a subdivision map must be filed with the City Clerk within ten consecutive days following the date of Planning Commission determination in the manner provided in Part , Section 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 18 months from the permit s effective date. Exercise of rights shall mean issuance of a building permit to commence construction. 8. 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 City 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 City Planning Division. Failure to comply with this condition shall constitute grounds for potential permit revocation. 9. Within thirty (30) days after final approval of the project, a sign shall be posted on site stating the date and nature of the approval. The sign shall be posted in accordance with the Zoning Administrator guidelines and shall remain in place until a building permit is issued for the project. The sign shall be removed promptly when a building permit is issued for the project or upon expiration of the Design Compatibility Permit. 20 Attachment B Draft Statement of Official Action

21 10. Prior to issuance of a Certificate of Occupancy 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. 11. 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. 12. Prior to issuance of a Certificate of Occupancy, the operator shall submit a plan for approval by the Director of Planning regarding employee alcohol awareness training programs and policies. The plan shall outline a mandatory alcohol awareness training program for all employees having contact with the public and shall state management's policies addressing alcohol consumption and inebriation. The 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. 13. Prior to issuance of a Certificate of Occupancy, the operator shall also 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, such as offering on the menu a free non-alcoholic drink for every party of two or more ordering alcoholic beverages. 14. 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. 15. 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. 21 Attachment B Draft Statement of Official Action

22 Conformance with Approved Plans 16. This approval is for those plans dated August 24, 2011, 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. 17. Minor amendments to the plans shall be subject to approval by the Director of Planning. A significant change in the approved concept 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. 18. 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. 19. Project plans shall be subject to complete Code Compliance review when the building plans are submitted for plan check and shall comply with all applicable provisions of Article IX of the Municipal Code and all other pertinent ordinances and General Plan policies of the City of Santa Monica prior to building permit issuance. 20. Prior to the issuance of a Certificate of Occupancy, the property owner shall prepare, implement and maintain a Transportation Demand Management (TDM) strategy, subject to the review and approval of the Strategic and Transportation Planning Division and City Planning Division. The following measures shall be included in the developer s TDM plan: 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). Pay for employee memberships to the Bike Transit Center at the corner of Second Street and Colorado Avenue, which will provide secure bicycle lockers and showers, to encourage bicycle ridership by employees. Agree to participate in the establishment of a geographic-based Transportation Demand Management Association. Transportation Demand Management Associations would provide employees, businesses, visitors, 22 Attachment B Draft Statement of Official Action

23 and residents of an area with resources to increase the amount of trips taken by transit, walking, bicycling, and carpooling. Project Operations 21. 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. 22. The restaurant shall not serve alcoholic beverages in the bar area after midnight but may continue to sell alcoholic beverages in the dining area. 23. No alcoholic beverage shall be sold for consumption beyond the premises. 24. Except for special events, alcohol shall not be served in any disposable container such as disposable plastic or paper cups. 25. 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. 26. 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. 27. The establishment shall maintain a kitchen or food-serving area in which a variety of food is prepared and cooked on the premises. 28. The establishment shall serve food to patrons during all hours the establishment is open for customers. 29. Customers shall be permitted to order meals at the bar at all times the bar or restaurant is open for business. 30. Any minimum purchase requirement may be satisfied by the purchase of beverages or food. 31. Take out service shall be only incidental to the primary sit-down use. 32. The primary use of the outdoor dining area shall be for seated meals service. Patrons who are standing in the outdoor seating area shall not be served. 33. No dancing or live entertainment beyond that allowed in the restaurant definition contained in the Zoning Ordinance shall be permitted on the premises. 23 Attachment B Draft Statement of Official Action

24 34. No video or other amusement games shall be permitted on the premises. 35. Parking area illumination shall be provided and maintained. 36. The owner shall prohibit loitering in the parking area and shall control noisy patrons leaving the restaurant. 37. Window or other signage visible from the public right-of-way that advertises beer or alcohol shall not be permitted. 38. Applicant is on notice that all temporary signage is subject to the restrictions of the City sign ordinance. 39. The project shall at all times comply with the provisions of the Noise Ordinance (SMMC Chapter 4.12). Final Design 40. Plans for final design, including outdoor dining area enclosure and water/fire feature, landscaping, screening, trash enclosures, and signage shall be subject to review and approval by the Architectural Review Board. 41. 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. 42. 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. 43. As appropriate, the Architectural Review Board shall require the use of antigraffiti materials on surfaces likely to attract graffiti. 44. Prior to issuance of a building permit or business license, whichever is sooner, the design of the entryway to the establishment shall be reconfigured to provide for double doors to mitigate possible noise impacts. 24 Attachment B Draft Statement of Official Action

25 Construction Plan Requirements 45. 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. 46. Any new restaurant at the site with fewer than 50 seats capacity shall install a grease interceptor with minimum 750 gallons static holding capacity in order to pretreat sewered grease. Facilities with greater than 50 seats are required to install an interceptor with 1000 gallons minimum holding capacity. The Public Works 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. Construction Period 47. Immediately after demolition and during construction, a security fence, the height of which shall be the maximum permitted by the Zoning Ordinance, shall be maintained around the perimeter of the lot. The lot shall be kept clear of all trash, weeds, etc. 48. 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. Immediately after commencing dirt removal from the site, the general contractor shall provide the City of Santa Monica with written certification that all trucks leaving the site are covered in accordance with this condition of approval. 49. Developer shall prepare a notice, subject to the review by the Director of Planning and Community Development, that lists all construction mitigation requirements, permitted hours of construction, and identifies a contact person at City Hall as well as the developer who will respond to complaints related to the proposed construction. The notice shall be mailed to property owners and residents within a 200-foot radius from the subject site at least five (5) days prior to the start of construction. 50. A sign shall be posted on the property in a manner consistent with the public hearing sign requirements which shall identify the address and phone number of the owner and/or applicant for the purposes of responding to questions and complaints during the construction period. Said sign shall also indicate the hours of permissible construction work. 25 Attachment B Draft Statement of Official Action

26 51. 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. Standard Conditions 52. Mechanical equipment shall not be located on the side of any building which is adjacent to a residential building on the adjoining lot, unless otherwise permitted by applicable regulations. Roof locations may be used when the mechanical equipment is installed within a sound-rated parapet enclosure. 53. Final approval of any mechanical equipment installation will require a noise test in compliance with SMMC Section 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. 54. Final parking lot layout and specifications shall be subject to the review and approval of the Strategic and Transportation Planning Division. 55. Construction period signage shall be subject to the approval of the Architectural Review Board. 56. The property owner shall insure any graffiti on the site is promptly removed through compliance with the City s graffiti removal program. PUBLIC WORKS DEPARTMENT (PW) Streets 57. Unless otherwise approved by the Department of Public Works, all sidewalks shall be kept clear and passable during the grading and construction phase of the project. Environmental Mitigation 58. To mitigate solid waste impacts, prior to issuance of a Certificate of Occupancy, project owner shall submit a recycling plan to the Department of Public Works 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; 26 Attachment B Draft Statement of Official Action

27 5) Pick-up schedule; and 6) Plan to inform tenants/ occupants of service. 59. Ultra-low flow plumbing fixtures are required on all new development and remodeling where plumbing is to be added, including dual flush toilets, 1.0 gallon urinals and low flow shower heads. POLICE 60. Prior to issuance of a Certificate of Occupancy, 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. 61. The applicant authorizes reasonable City inspection of the property to ensure compliance with the conditions of approval imposed by the City in approving this project and will bear the reasonable cost of these inspections as established by Santa Monica Municipal Code Section and Resolution No (CCS) or any successor legislation thereto. These inspections shall be no more intrusive than necessary to ensure compliance with conditions of approval. VOTE Ayes: Nays: Abstain: Absent: 27 Attachment B Draft Statement of Official Action

28 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 , which provision has been adopted by the City pursuant to Municipal Code Section I hereby certify that this Statement of Official Action accurately reflects the final determination of the Planning Commission of the City of Santa Monica. Jim Ries, 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 Date Applicant s Signature 28 Attachment B Draft Statement of Official Action

29 ATTACHMENT C PUBLIC NOTIFICATION INFORMATION Pursuant to Municipal Code Section 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 , 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 Tuesday, September 13, 2011, the applicant/appellant 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: Neighborhood Association No contact information provided. Adjacent Neighbors Community Meetings Other: 29 Attachment C Public Notification Information

30 NOTICE OF A PUBLIC HEARING BEFORE THE SANTA MONICA PLANNING COMMISSION SUBJECT: 11CUP-008 and 11VAR Ocean Avenue APPLICANT: N&D Restaurants Inc. dba Season s 52 PROPERTY OWNER: Douglas Emmett 1995 LLC A public hearing will be held by the Planning Commission to consider the following request: The applicant requests a Conditional Use Permit (11CUP-008) to allow a new restaurant operator to occupy an existing restaurant space and retain the existing alcohol license (Type 47, On-Sale General Eating Place). In addition, a Variance (11VAR-015) request is submitted to allow a reduction in the number of parking spaces required for the new restaurant by 8 spaces. Pursuant to Santa Monica Municipal Code (SMMC) Section (c), a CUP is required to establish eating and drinking establishments serving alcohol beverages the RVC district and SMMC Section (b) allows the modification of off-street parking requirements through a variance application. DATE/TIME: LOCATION: WEDNESDAY, OCTOBER 19, 2011 AT 7:00 PM 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: Lily Yegazu, Associate Planner Re: 11CUP-008 AND 11VAR-015 City Planning Division 1685 Main Street, Room 212 Santa Monica, CA MORE INFORMATION If you want more information about this project or wish to review the project file, please contact Lily Yegazu at (310) , or by at lily.yegazu@smgov.net. The Zoning Ordinance is available at the Planning Counter during business hours and on the City s web site at 30 Attachment C Draft Statement of Official Action

31 The meeting facility is wheelchair accessible. For disability-related accommodations, please contact (310) or (310) TTY at least 72 hours in advance. Every attempt will made to provide the requested accommodation. 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) APPROVED AS TO FORM: Amanda Schachter Planning Manager 31 Attachment C Draft Statement of Official Action

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