Planning Commission Report

Planning Commission Report To: From: Subject: Planning Commission Planning Commission Meeting: January 30, 2013 Amanda Schachter, City Planning Division Manager Agenda Item: 5-B Conditional Use Permit 12CUP010 to allow the on-site sale and consumption of distilled spirits, beer and wine (Type 47) in conjunction with a new full-service restaurant operator in Santa Monica Place. Address: 395 Santa Monica Place, #308 Applicant: Redwood Grille Santa Monica, LLC Recommended Action It is recommended that the Planning Commission take the following actions subject to findings and/or conditions contained in Attachment B: 1. Approve application 12CUP010 2. Adopt the Statement of Official Action Executive Summary Redwood Grille, a new full-service restaurant, is requesting approval of a Conditional Use Permit (CUP) to allow the sale and consumption of alcoholic beverages within a vacant restaurant lease space located on the third level of Santa Monica Place. The restaurant space, previously occupied by Xino Restaurant + Lounge, features a modified seating arrangement with 187 interior dining seats and 109 outdoor patio seats. The CUP would allow the restaurant to offer alcoholic beverages to dining patrons and allow consumption in both indoor and outdoor dining areas. The proposed hours of operation allow for daily lunch and dinner service and weekend breakfast/brunch. Pursuant to Santa Monica Municipal Code (SMMC) Section 9.04.10.18.020, a CUP is required when alcohol outlet operations have been discontinued for a period of over one year. The previous restaurant operations ceased in November 2011 and Redwood Grille anticipates opening in the spring of 2013. 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 with the surrounding area of the proposed on-site sale and consumption of alcohol associated with operating a full-service restaurant in the C3C, Downtown Overlay District The effectiveness of the proposed conditions of approval in mitigating any alcoholrelated adverse impacts on the area 1

Background The following dates and actions provide a summary of the alcohol outlet related approvals: February 18, 2009: The Planning Commission granted approval of a Conditional Use Permit to allow the on-site sale and consumption of beer and wine (Type 41) within the Santa Monica Place, 3rd Level Food Court Vendors. October 21, 2009: The Planning Commission granted approval of 09CUP007 to allow the on-site sale and consumption of beer, wine, and distilled spirits (Type 47) within Xino Restaurant + Lounge. February 17, 2010: The Planning Commission granted approval of 09CUP009 for Nordstrom s Blue Stove Restaurant (Type 41) and 09CUP010 for Ozumo Restaurant (Type 47). March 17, 2010: The Planning Commission granted approval of 10CUP003 to allow the on-site sale and consumption of beer and wine (Type 41) within Pizza Antica restaurant. June 16, 2010: The Planning Commission granted approval of 10CUP001, 10CUP008 and 10CUP009 to allow the on-site sale and consumption of alcohol within Sonoma Wine Garden, La Sandia and Zengo restaurants. November 17, 2010: The Planning Commission granted approval of comprehensive CUP (10CUP007) to allow the on-sale, off-sale and consumption of alcohol within The Market. December, 15, 2010: The Planning Commission granted approval of 10CUP020 to allow the on-site sale and consumption of alcohol within True Food Kitchen. June 15, 2011: The Planning Commission granted approval of 11CUP001 to extend outdoor alcohol service and consumption hours for the following operators, 09CUP010 (Ozumo, #323),10CUP001 (Sonoma Wine, #300), 10CUP003 (Pizza Antica, #304), 10CUP008 (La Sandia, #305), 10CUP009 (Zengo, #306), 10CUP014 (Food Court, Level 3) and 10CUP007 (The Market, Level 3). December 17, 2012: The Architectural Review Board granted approval of 12ARB473 for the design, color and materials to the restaurant façade and outdoor patio remodel. 2

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: C3C, Downtown Overlay Land Use Element Designation: Downtown Parcel Area (SF): 209,855 SF Parcel Dimensions: Irregular parcel shape, see project plans Existing On-Site Improvements (Year Built): Rent Control Status/Remaining tenants on-site: Shopping Center (1980) Remodel (2010) Exempt, Commercial Property Adjacent Zoning Districts and Land Uses: North - BSC2, Bayside Commercial Hotel/Restaurant/Retail East - C3C, Downtown Overlay Retail, Office, Community Center South - C3, Downtown Commercial Department Store, Hotel West - C3, Downtown Commercial Office, Fast Food, Motel, Retail 395 Santa Monica Place, #308 Santa Monica Place is located at the southern terminus of the Third Street Promenade. The remodeled shopping center re-opened in August of 2010 and features an open-air design that allows a spatial connection between the Third Street Promenade and highlights the southern California coastal climate. Santa Monica Place offers a variety of retail and dining opportunities to local residents, tourists, and visitors. The subject alcohol outlets are located on Level 3 of Santa Monica Place. There are two restaurant tenants with outdoor patios overlooking Broadway and The Promenade, Zengo (#306) Restaurant and the subject Redwood Grille space (#308). Environmental Analysis The project is categorically exempt from the provisions of CEQA, pursuant to Section 15301 (Class 1), Existing Facilities, in that the project involves allowing the on-site sale and consumption of alcohol in conjunction with a restaurant located in an existing shopping center. Project Analysis Redwood Grille is requesting a Conditional Use Permit to allow alcohol sales and consumption in conjunction with its restaurant operations. The restaurant is situated on the third floor above the north entrance, overlooking the Third Street Promenade and Broadway. The restaurant s main entry is located towards the center portion of Santa 3

Monica Place. The interior dining area is arranged with tables, chairs, booths and bar seating to accommodate up to 187 patrons. The main outdoor patio, located on the north end of the tenant space, accommodates 99 patrons and a smaller secondary outdoor patio area, located by the main entrance, provides seating for 10. The following illustration provides a spatial summary of the floorplan, Attachment D: The CUP would allow the restaurant to sell alcoholic beverages to patrons intending to purchase food menu items with proper identification. Dining patrons would then be allowed to consume such beverages in both indoor and outdoor dining areas of the restaurant. Proposed Project Operation / Hours of Alcohol Service The applicant proposes weekday operating hours from 10:00 AM to 2:00 AM and weekend operating hours of 7:00 AM to 2:00 AM. The applicant is requesting that similar conditions addressing the latest hour for serving alcohol beverages for most restaurants at Santa Monica Place be applied to Redwood Grille, which states the following: Condition #3: The latest hour for serving alcoholic beverages in the outdoor patio is 12:30 AM, Sunday thru Thursday and 1:30 AM, Friday, Saturday and New Year s Eve, or no later than the closing of the associated food service of the establishment, whichever is first. All alcoholic beverages and patrons shall vacate the outdoor patio area no later than 1AM, Sunday thru Thursday and 2AM on Friday, Saturday and New Year s Eve. The latest hour for serving alcoholic beverages for the restaurant interior is 1:30 AM, or no later than the closing of the associated food service of the establishment, whichever is first. All patrons must vacate tenant premises by 2:00 AM. Staff also included Project Specific Conditions #5 - #7 to mitigate potential noise concerns. 4

Condition #5: Condition #6: Condition #7: Applicant shall provide contact information, including names and telephone numbers, for management personnel of the subject restaurant, to the property management contact and owners for properties along the north side of Broadway between 2nd & 4th Street. In addition, applicant shall provide the property managers the 24-hour security phone number for Santa Monica Place and the direct contact name and phone number for the Senior Property Manager of Santa Monica Place in the event of complaints related to noise or operation of the restaurant. All speakers used to project amplified sound shall be installed in such a manner that the sound is projected away from the neighboring properties to the north and oriented toward the interior of Santa Monica Place. No televisions, live music, or speaker music, shall be permitted on the outdoor patio after 12 midnight, except for low-level ambient music that cannot be heard beyond the boundaries of Santa Monica Place. No live music shall be permitted on the northerly outdoor patio after 9PM, Sunday through Thursday. The language contained in Condition #7 is also in place with the neighboring restaurant, Zengo (#306, 10CUP009/11CUP001), where there have been no code compliance related concerns regarding noise and music to date. Additionally, the Redwood Grille was granted approval by the Architectural Review Board to modify the outdoor patio design to install a new clear glass windscreen above the existing glass guardrail. The windscreen will extend the height to approximately 6-feet. The outdoor patio design will also integrate fixed and retractable awnings. Such design changes allow for a more protected outdoor dining experience but also serve to buffer and absorb noise travel. Neighborhood Compatibility Santa Monica s Downtown functions as the City s center of commerce, retail, dining, transit, and entertainment. The area serves as a destination for local residents, regional visitors, and tourists from abroad. The Land Use Element goals and objectives call for pedestrian oriented uses and designs that activate and support the greatest concentration of activity for the City. Specifically, the plan recognizes Santa Monica Place to compliment the Civic Center and future terminus station of the light rail system. Completion of the remodel and the planned light rail station will attract visitors and catalyze the district s shopping and dining opportunities. Redwood Grille captures a variety of food options for brunch, lunch, and dinner and provides a dining establishment for patrons and visitors. Alcohol service within the Downtown is typically paired with full-service restaurant uses. Additionally, restaurants are encouraged to provide outdoor seating and activate exterior spaces. The following table identifies the location and license type of other alcohol serving outlets within 500 feet of the subject site: 5

Establishment Address License Type Hours of Alcohol License Makai* 101 Broadway Type 47, On-Sale General Eating Place 7AM Midnight, Sun-Th 7AM 1AM, Fri-Sat *12 midnight Frank s Liquor 115 Broadway Type 21, Off-Sale General Eating Place Legal Non-Conforming ABC Hours The Yard* 119 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-Th* 10AM 1:30AM Fri-Sat* The Commons 129 Broadway Type 41, On-Sale Beer & Wine 1PM 2AM 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 5PM 2AM Border Grill 1445 4 th St. Type 47, On-Sale General Eating Place 11:30-1AM Benihana 1447 4 th St. Type 47, On-Sale General Eating Place 11AM-10PM Sun-Th 11AM-11AM Fri-Sat Mon Roll Sushi 1509 4 th St. Type 41, On-Sale Beer & Wine No CUP required Café Crepe* 1460 3 rd St. Promenade Type 47, On-Sale General Eating Place 9AM Midnight* 9AM 1AM, Fri - Sat Bucca Di Beppo* 1442 2 nd St. Type 47, On-Sale General Eating Place 4PM-11PM Mon-Sat* 12PM- 11PM Sun* Chloe 1449 2 nd St. Type 47, On-Sale General Eating Place 5PM 2AM Ivy at the Shore* 1535 Ocean Ave. Type 47, On-Sale General Eating Place 11AM 11PM The Lobster 1602 Ocean Ave. Type 47, On-Sale General Eating Place 10AM-11AM Mon-Fri 10AM 1AM, Sat-Sun Shore Hotel 1515-1525 Ocean Ave. Type 66 &70, Controlled Access Cabinets & Hotel Guest on Premises Blue Plate Taco* 1525 Ocean Ave. Type 47, On-Sale General Eating Place 10AM-1AM (Midnight*) S-W 10AM-2AM (1AM*) Th-Sat 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 Sun-Th 1AM* Fri-Sat & NYE 2AM Ozumo* 395 SM Place Type 47, On-Sale General Eating Place 10AM 2AM Sun-Th 1AM* Fri-Sat & NYE 2AM Pizza Antica* 395 SM Place Type 41, On-Sale Beer & Wine 10AM 2AM Sun-Th 1AM* Fri-Sat & NYE 2AM Sonoma Wine Garden* 395 SM Place Type 47, On-Sale General Eating Place 10AM 2AM Sun-Th 1AM* Fri-Sat & NYE 2AM* Zengo* 395 SM Place Type 47, On-Sale General Eating Place 10AM 2AM Sun-Th 1AM* Fri-Sat & NYE 2AM* The Market* 395 SM Place Type 20, 21, 23, 41 and 47 10AM 2AM Sun-Th 1AM* NA 6

Santa Monica Place Food Court Vendors * True Food Kitchen* Fri-Sat & NYE 2AM* 395 SM Place Type 41, On-Sale Beer & Wine 10AM 2AM Sun-Th 1AM* Fri-Sat & NYE 2AM* 395 SM Place Type 47, On-Sale General Eating Place 10AM 2AM (12 Midnight*) Blue Stove 220 Broadway Type 41, On-Sale Beer & Wine Eating 10AM 8PM *Restaurant with outdoor patio and hour of patio closure The proposed hours of alcohol service are consistent with restaurants located within Santa Monica Place and the downtown area, which typically cease between 12:00 midnight to 2:00 AM. Further, the existing restaurants with CUPs at Santa Monica Place have not had any code compliance issues related to noise or alcohol violations. Parking Analysis Parking for the Santa Monica Place is provided by Parking Structures No. 7 and No. 8. As conditioned in the Zoning Administrator s Statement of Official Action for 10VAR017, the shopping center s operator (Macerich Company) shall prepare a Transportation Demand Management Plan for the review and approval by the Director of Planning and Community Development. Approval and implementation of this plan must occur prior to the leasing of space in the mall for restaurant use when the total square footage of restaurant space exceeds 60,000 square feet. As of this date, leasing for restaurant uses totals approximately 55,221 square feet (includes Redwood Grille). Conformance with Land Use Element Land Use Element Goal D1 is to maintain Downtown s competitive advantage as a premier local and regional shopping, dining, and entertainment destination, and support its evolution in order to respond to changing market conditions. Specifically, Policy D1.1 specifies creating a diversity of retail opportunities including local and regional serving retail and dining in the Downtown. Santa Monica Place includes a variety of dining options that range from full-service to fast-casual restaurants. The proposed hours of alcohol service allows the restaurant to offer alcoholic beverages during hours that are comparable to those served in the neighboring restaurants and in the shopping center s food court. 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 hours of alcohol service allows the restaurant an opportunity to operate and serve visitors and residents in a manner that is consistent with other alcohol outlets and restaurants located in the Downtown. Police Department & Community Cultural Services Department The Santa Monica Police Department & Community Cultural Services Department has been contacted regarding this proposal and has not expressed comments or objections to the proposed alcohol license, conditions or hours of operation. 7

Public Outreach The applicant has been in communication with the property manager of Santa Monica Place and the property managers of the Promenade Gateway, a mixed-use development with commercial and residential uses located across Broadway from the subject site. The applicant has also scheduled outreach with Downtown Santa Monica, Inc., the Property-based Business Assessment District, that oversees the area bounded by Ocean Avenue to the west, Wilshire Boulevard to the north, 7th Street to the east and the Santa Monica Freeway to the south. Alternative Actions: In addition to the recommended action, the Planning Commission could consider the following with respect to the project: A1. Continue the project for specific reasons, consistent with applicable deadlines and with agreement from the applicant A2. Articulate revised findings and/or conditions to Approve OR Deny, with or without prejudice, the subject application Conclusion The project involves a Conditional Use Permit to allow the incidental on-site sale and consumption of alcohol within a new full-service restaurant. The proposal to allow the sale of alcoholic beverages is complimentary to the primary restaurant use and compatible with the surrounding neighborhood context and consistent with the Land Use Element of the General Plan. Alcohol-related problems are not generally associated with restaurant type uses, but Conditions of Approval further ensure that the use operates in a harmonious manner with the other land uses. As conditioned, Staff supports the proposed alcohol sales, service and consumption within the controlled restaurant environment. Prepared by: Grace Page, Associate Planner Paul Foley, Principal Planner Attachments A. General Plan and Municipal Code Compliance Worksheet B. Draft Statement of Official Action C. Public Notification & Comment Material D. Project Plans & Menu F:\CityPlanning\Share\PC\STRPT\2012\12CUP-010 (Redwood Grille, 395 Santa Monica Place, #308).doc 8

ATTACHMENT A GENERAL PLAN AND MUNICIPAL CODE COMPLIANCE WORKSHEET Project Location and Permit Processing Time Limits Project Address: 395 Santa Monica Place, #308 Application Filing Date: September 20, 2012 CEQA Deadline: October 20, 2012 PSA Deadline: January 18, 2013, with 30-day extension. Total Process Review Time: 118 Days General Plan and Municipal Code Compliance Worksheet CATEGORY LAND USE ELEMENT MUNICIPAL CODE PROJECT Permitted Use N/A Alcohol outlets require a Conditional Use Permit. [SMMC 9.04.10.18.020] Conditional Use Permit requested to allow the onsite sale and consumption of distilled spirits, beer and wine (Type 47) in conjunction with a fullservice restaurant operator in Santa Monica Place. 9 Attachment A General Plan & Municipal Code Compliance Worksheet

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 12-010 LOCATION: 395 Santa Monica Place, #308 APPLICANT: PROPERTY OWNER: CASE PLANNER: REQUEST: CEQA STATUS: Redwood Grille Santa Monica, LLC Macerich Santa Monica Place, LLC Grace Page, Associate Planner The applicant requests approval of a Conditional Use Permit (12CUP010) to allow the on-site sale and consumption of distilled spirits, beer and wine (Type 47) in conjunction with a full-service restaurant in Santa Monica Place. The proposed restaurant, Redwood Grille, occupies an 8,822 square foot tenant space and consists of 187 interior seats and 109 exterior seats. Pursuant to SMMC 9.04.10.18.020, a Conditional Use Permit shall be required when existing alcohol outlet operations have been discontinued for a period of over one year. The project is categorically exempt from the provisions of CEQA, pursuant to Section 15301 (Class 1), Existing Facilities, in that the project involves allowing the on-site sale and consumption of alcohol in conjunction with restaurant located in an existing shopping center. 10 Attachment B Draft Statement of Official Action

PLANNING COMMISSION ACTION January 30, 2013 X Determination Date Approved based on the following findings and subject to the conditions below. Denied. Other: EFFECTIVE DATES OF ACTIONS IF NOT APPEALED: EXPIRATION DATE OF ANY PERMITS GRANTED: LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATES*: February 13, 2013 February 13, 2014 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 request 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 the proposed alcohol outlets in conjunction with a full-service restaurant are conditionally permitted in the C3C (Downtown Overlay) district of the Zoning Ordinance. More specifically, requests for new alcohol licenses or substantial changes in the mode or character of the existing licenses require Conditional Use Permit approval consistent with SMMC Section 9.04.10.18.020. 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 primary use as a restaurant is an encouraged use in Goal D1 of the Land Use Element. Alcohol-related problems are not generally associated with full-service restaurants within a shopping center. Furthermore, conditions of approval have been included to mitigate potential impacts associated serving and consuming alcohol on the premises. 11 Attachment B Draft Statement of Official Action

3. The subject parcel is physically suitable for the type of land use being proposed, in that the parcel is approximately 4.81 acres and developed with a shopping center structure. Vehicular and pedestrian activity is available to the site, and is adequately served by multiple entrances and existing parking structures. The proposed CUP for alcohol service and consumption requires minimal physical improvements within the restaurant tenant space. 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 serves as a regional shopping center that provides for a variety of retail and dining opportunities within the structure. The incidental sale and consumption of alcohol in association with a full-service restaurant are consistent and compatible with typical restaurant operations existing in the immediate area. Alcohol-related problems are not generally associated with restaurant type uses, but Conditions of Approval further ensure that the use operates in a harmonious manner with the other land uses. 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 Redwood Grille is a restaurant located within a shopping center with other alcohol outlets with similar operating hours. The hours of alcohol service are no more intense than typical restaurant uses within Santa Monica Place, the immediate Downtown Overlay District, and neighboring Bayside Commercial and Residential Visitor Commercial Districts. The Conditions of Approval 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 that the alcohol sales and service are conditionally permitted by the Zoning Ordinance and is proposed within a monitored area within an existing shopping center, Santa Monica Place. 7. Public access to the proposed use will be adequate, in that vehicular access to the public parking structures are available from Colorado Avenue, 2 nd Street, 4 th Street, and Broadway. The Santa Monica Place provides for many pedestrian points of entry on all facades, including anchor tenant entrances. Redwood Grille s tenant space is located along Broadway/Promenade Extension on the third floor. 8. The physical location or placement of the use on the site is compatible with and relates harmoniously to the surrounding neighborhood, in that Redwood Grille will be operating with similar alcohol-related outlets within the Santa Monica Place shopping center where other businesses operate with similar hours and are monitored by security personnel 24 hours a day. In addition, the Land Use Element of the General Plan specifically supports the greatest concentration of 12 Attachment B Draft Statement of Official Action

activity, including dining opportunities within the Downtown. 9. The proposed use is consistent with the goals, objectives, and policies of the General Plan, in that Land Use Element Goal D1 is to maintain Downtown s competitive advantage as a premier local and regional shopping, dining, and entertainment destination, and support its evolution in order to respond to changing market conditions. Specifically, Policy D1.1 specifies the creation of diverse retail opportunities including local and regional serving retail and dining in the Downtown. The restaurant will enhance the dining options within Santa Monica Place and Downtown. The proposed CUP for the alcohol outlet allows for the restaurant to stay competitive by offering beverages comparable to restaurants located in the Downtown. Furthermore, Land Use Element Goal D7 and Policy D7.1 support a balanced mix of uses in the downtown that reinforces its role as the greatest concentration of activity in the City. The LUCE encourages a broad mix of uses that create dynamic activity in both the daytime and evening hours. The proposed CUP for incidental alcohol sales and service provides Redwood Grille the ability to offer patrons beverage options similar to other dining establishments within the Downtown. 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 in that no performance standard permit is required. 12. The proposed use will not result in an over concentration of such uses in the immediate vicinity, in that the proposed alcohol outlet is located in Santa Monica Place, a shopping center with three levels of retail and commercial uses serving local residents and visitors in the City s Downtown. The general vicinity is frequented by large numbers of local residents, shoppers, visitors, and tourists. The alcohol outlets have not contributed significantly to alcohol related problems in the area, and it is anticipated that the incorporation of various conditions of approval will minimize impacts and intrusions into any adjacent residential neighborhoods. 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 within a controlled environment with 24-hour security, a new 6-foot windscreen and awning system, and conditions which mitigate the level and times of amplified and live music. Further, the existing restaurants with CUPs at Santa Monica Place have not had 13 Attachment B Draft Statement of Official Action

a history of code compliance issues related with alcohol or noise related incidents. 2. The proposed use will not contribute to an undue concentration of alcohol outlets in the area, in that a restaurant located in a shopping center is not typically considered to contribute to objectionable problems associated with alcohol outlets. The restaurant is located in the downtown portion of Santa Monica and is frequented by large numbers of local residents, employees, shoppers, visitors, and tourists. Furthermore, this type of outlet, a full-service restaurant located in a large retail center, has not contributed significantly to alcohol related problems in the area. 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, and other existing alcohol outlets in that the restaurant is located in a controlled environment and the conditions for approval, such as the limitations on live music and amplified sound levels, and compliance with the provisions of the Noise Ordinance, will minimize the potential effect on the residential units and accommodations in the vicinity. The Police Department and Community Cultural Services Department have reviewed the project and have not indicated any objections to the proposal. 4. The proposed use is compatible with existing and potential uses within the general area in that the restaurant is a tenant of the Santa Monica Place located in the City s Downtown Overlay district. The restaurant operation in conjunction with an alcohol license is compatible with other restaurant uses with alcohol service in the immediate area. 5. Traffic and parking congestion will not result from the proposed use in that parking for the use is available in public Parking Structures No. 7 and 8. 6. The public health, safety, and general welfare are protected 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. A restaurant with limited alcohol sales is compatible with the surrounding regional shopping center and Downtown development. 7. No harm to adjacent properties will result in that in that the conditions of approval will ensure that the establishment operates in a manner which protects adjacent neighbors. 8. The proposed use is consistent with the objectives of the General Plan in that the Land Use Element Goal D1 is to maintain Downtown s competitive advantage as a premier local and regional shopping, dining, and entertainment destination, and support its evolution in order to respond to changing market conditions. Specifically, Policy D1.1 states that retail opportunities, including local and 14 Attachment B Draft Statement of Official Action

regional serving retail and dining, should be created in the Downtown. Redwood Grille enhances and fulfills the goal by providing an additional restaurant in the Downtown. The proposed alcohol outlet allows the restaurant to stay competitive by offering beverages that are comparable to those served in the Santa Monica Place restaurants and the and the Third Street Promenade. Furthermore, Land Use Element Goal D7 and Policy D7.1 support the creation of a mixture of uses in the downtown that reinforces its role as the greatest concentration of activity in the City. CONDITIONS OF APPROVAL: PLANNING AND COMMUNITY DEVELOPMENT Project Specific Conditions 1. Seating arrangements for sit-down patrons shall not exceed 187 seats in the interior dining area. Seating arrangements for sit-down patrons shall not exceed 109 seats on the outdoor patio areas; restaurant seating shall not exceed a total of 296 seats. 2. The permitted hours of restaurant operations shall be 10:00 AM to 2:00 AM on weekdays and 7:00 AM to 2:00 AM on weekends, with complete closure and all employees vacated from the building by 3:00 AM. No "after hours" operations shall be permitted. 3. The latest hour for serving alcoholic beverages in the outdoor patio is 12:30 AM, Sunday thru Thursday and 1:30 AM, Friday, Saturday and New Year s Eve, or no later than the closing of the associated food service of the establishment, whichever is first. All alcoholic beverages and patrons shall vacate the outdoor patio area no later than 1AM, Sunday thru Thursday and 2AM on Friday, Saturday and New Year s Eve. The latest hour for serving alcoholic beverages for the restaurant interior is 1:30 AM, or no later than the closing of the associated food service of the establishment, whichever is first. All patrons must vacate tenant premises by 2:00 AM. 4. The restaurant shall operate in a manner consistent with Macerich s Restaurant Operating Guidelines (Santa Monica Place). The restaurant shall not conduct any outdoor cleaning of the property with pressurized or mechanical equipment during the hours of 11:00 PM and 6:00 AM. Recycling deposits located on the exterior of the mall shall not occur during the hours of 11:00 PM and 6:00 AM. 5. Applicant shall provide contact information, including names and telephone numbers, for management personnel of the subject restaurant, to the property management contact and owners for properties along the north side of Broadway between 2nd & 4th Street. In addition, applicant shall provide the property managers the 24-hour security phone number for Santa Monica Place and the 15 Attachment B Draft Statement of Official Action

direct contact name and phone number for the Senior Property Manager of Santa Monica Place in the event of complaints related to noise or operation of the restaurant. 6. All speakers used to project amplified sound shall be installed in such a manner that the sound is projected away from the neighboring properties to the north and oriented toward the interior of Santa Monica Place. 7. No televisions, live music, or speaker music, shall be permitted on the outdoor patio after 12 midnight, except for low-level ambient music that cannot be heard beyond the boundaries of Santa Monica Place. No live music shall be permitted on the northerly outdoor patio after 9PM, Sunday through Thursday. Administrative 8. 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. 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 9.20.14, Section 9.20.14.070. 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 Certificate of Occupancy. 9. 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. 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 16 Attachment B Draft Statement of Official Action

Action for this project to the local office of the State Alcoholic Beverage Control department. 12. Prior to issuance of a Certificate of Occupancy, or a business license, or commencement of alcohol service as applicable, the operator shall submit a plan for approval by the Director of Planning regarding employee alcohol awareness training programs and policies. The plan shall outline a mandatory alcohol awareness training program for all employees having contact with the public and shall state management's policies addressing alcohol consumption and inebriation. The 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, or a business license, or commencement of alcohol service as applicable, 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. Conformance with Approved Plans 16. This approval is for those plans stamped October 14, 2010, 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 Attachment B Draft Statement of Official Action

17. 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. 18. 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. 19. 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. Project Operations 20. No alcoholic beverage shall be sold for consumption beyond the premises. 21. Except for special events, alcohol shall not be served in any disposable container such as disposable plastic or paper cups. 22. 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. 23. 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. 24. Bottle service shall not be available to patrons unless full meal service is provided concurrent with the Bottle service. All food items shall be available from the full service menu. Bottle service shall mean the service of any full bottle of liquor, wine, or beer, of more than 375 ml, along with glassware, mixers, garnishes, etc., in which patrons are able to then make their own drinks or pour their own wine or beer. 25. The establishment shall maintain a kitchen or food-serving area in which a variety of food is prepared and cooked on the premises. 18 Attachment B Draft Statement of Official Action

26. The establishment shall serve food to patrons during all hours the establishment is open for customers. 27. Customers shall be permitted to order meals at the bar at all times the bar or restaurant is open for business. 28. Any minimum purchase requirement may be satisfied by the purchase of beverages or food. 29. Take out service shall be only incidental to the primary sit-down use. 30. 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. 31. No dancing or live entertainment beyond that allowed in the restaurant definition contained in the Zoning Ordinance shall be permitted on the premises. 32. No queuing of patrons at the entry or checking of identification at the entry shall be permitted. There shall not be any age limitation imposed restricting access to the restaurant (e.g. persons of all ages must be allowed to enter the restaurant). 33. The restaurant shall not organize or participate in organized pub-crawl events where participants or customers pre-purchase tickets or tokens to be exchanged for alcoholic beverages at the restaurant. 34. No video or other amusement games shall be permitted on the premises. 35. Parking lot 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). POLICE 40. Prior to issuance of a Certificate of Occupancy, or a business license, or commencement of alcohol service as applicable, a security plan shall be 19 Attachment B Draft Statement of Official Action

submitted to the Chief of Police for review and approval. The plan shall address both physical and operational security issues. 41. Prior to the commencement of alcohol service, the applicant shall participate in the Santa Monica Alcohol Awareness for Retailers Training (S.M.A.A.R.T) program conducted by the Santa Monica Police Department. 42. 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 2.72.010 and Resolution No. 9905 (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: 20 Attachment B Draft Statement of Official Action

NOTICE If this is a final decision not subject to further appeal under the City of Santa Monica Comprehensive Land Use and Zoning Ordinance, the time within which judicial review of this decision must be sought is governed by Code of Civil Procedure Section 1094.6, which provision has been adopted by the City pursuant to Municipal Code Section 1.16.010. I hereby certify that this Statement of Official Action accurately reflects the final determination of the Planning Commission of the City of Santa Monica. Gerda Newbold, 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 21 Attachment B Draft Statement of Official Action

ATTACHMENT C PUBLIC NOTIFICATION INFORMATION Pursuant to Municipal Code Section 9.04.20.20.080 and in accordance with the posting requirements set forth by the Zoning Administrator, prior to application filing the applicant posted a sign on the property regarding the subject application. At least 8 weeks prior to the public hearing date, the applicant submitted a photograph to verify the site posting and to demonstrate that the sign provides the following information: Project case number, brief project description, name and telephone number of applicant, site address, date, time and location of public hearing, and the City Planning Division phone number. It is the applicant's responsibility to update the hearing date if it is changed after posting. In addition, pursuant to Municipal Code Section 9.04.20.22.050, notice of the public hearing was mailed to all owners and residential and commercial tenants of property located within a 500 foot radius of the project and published in the Santa Monica Daily Press at least ten consecutive calendar days prior to the hearing. A revised notice of the public hearing reflecting the continued January 30, 2013 date was also 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 December 10, 2012, the applicant s contact was contacted in person of the subject hearing date. On January 15, the applicant was informed of the January 16, 2012, meeting cancellation and notified of the re-scheduled hearing date of January 30, 2013, The applicant provided the following information regarding attempts to contact area property owners, residents, and recognized neighborhood associations: Adjacent Neighbors: Business Assessment District: Karen Pappas, Promenade Gateway Property Management Julia Ladd, Senior Manager, Property Management, Santa Monica Place DTSM (Downtown Santa Monica, Inc.) 22 Attachment C Public Notification Information

NOTICE OF A PUBLIC HEARING BEFORE THE SANTA MONICA PLANNING COMMISSION SUBJECT: Conditional Use Permit 12-010 395 Santa Monica Place, #308 APPLICANT: Redwood Grille Santa Monica, LLC PROPERTY OWNER: Macerich Santa Monica Place, LLC A public hearing will be held by the Planning Commission to consider the following request: The applicant requests approval of a Conditional Use Permit (12CUP010) to allow the on-site sale and consumption of distilled spirits, beer and wine (Type 47) in conjunction with a full-service restaurant in Santa Monica Place. The proposed restaurant, Redwood Grille, occupies an 8,822 square foot tenant space and consists of 187 interior seats and 109 exterior seats. Pursuant to SMMC 9.04.10.18.020, a Conditional Use Permit shall be required when existing alcohol outlet operations have been discontinued for a period of over one year. DATE/TIME: LOCATION: WEDNESDAY, January 30, 2013 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: Grace Page, Associate Planner Re: 12CUP010 City Planning Division 1685 Main Street, Room 212 Santa Monica, CA 90401 MORE INFORMATION If you want more information about this project or wish to review the project file, please contact Grace Page at (310) 458-8341, or by e-mail at grace.page@smgov.net. The Zoning Ordinance is available at the Planning Counter during business hours and on the City s web site at www.santa-monica.org. The meeting facility is wheelchair accessible. For disability-related accommodations, please contact (310) 458-8341 or (310) 458-8696 TTY at least 72 hours in advance. 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 2, 3, 9 and Rapid 3 serve City Hall. Pursuant to California Government Code Section 65009(b), if this matter is subsequently challenged in Court, the challenge may be limited to only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the City of Santa Monica at, or prior to, the public hearing. ESPAÑOL Esto es una noticia de una audiencia pública para revisar applicaciónes proponiendo desarrollo en Santa Monica. Si deseas más información, favor de llamar a Carmen Gutierrez en la División de Planificación al número (310) 458-8341. APPROVED AS TO FORM: Amanda Schachter Planning Manager 23 Attachment C Draft Statement of Official Action