Planning Commission Report

Transcription

1 Planning Commission Report To: From: Planning Commission Planning Commission Meeting: September 21, 2016 Jing Yeo, City Planning Division Manager Agenda Item: 9-B Subject: A Conditional Use Permit (16ENT-0079) request to establish a new 5,352 square-foot, 24-hour, full-service restaurant with outdoor dining and to allow the on-site consumption and service of alcoholic beverages (Type 41) in conjunction with a new Mel s Drive-In Restaurant located within the Mixed Use Boulevard (MUB) District. Address: Applicant: 1670 Lincoln Boulevard Jack Goldfinger Recommended Action It is recommended that the Planning Commission take the following action subject to findings and conditions contained in Attachment B: 1. Approve application 16ENT Adopt the Statement of Official Action Executive Summary The applicant is proposing to establish a new 5,352 square-foot, 24-hour, full-service restaurant in the former Dr. Beauchamp Western Dental office building located at 1670 Lincoln Boulevard. The subject site was developed in 1959 with a single-story commercial building and 39 surface parking spaces located to the rear and side of the building. The building was originally constructed to accommodate Penguin Coffee Shop. The parking lot will be reconfigured and restriped resulting in a total of 45 parking spaces which is two spaces above the minimum required based on proposed use and building square footage. A new 516 SF outdoor dining patio would also be created along the front of the building facing Lincoln Boulevard as well as minor exterior modifications. The new restaurant also proposes to provide onsite service and consumption of alcoholic beverage in conjunction with food service. The applicant is requesting a Type 41 Alcoholic Beverage Control (ABC) license permit which allows the sales, service, and consumption of beer and wine within a bona-fide eating establishment. According to the Santa Monica Municipal Code (SMMC) Table and Section (B), a Conditional Use Permit (CUP) is required to establish a new full-service restaurant greater than 5,000 square feet (including any outdoor dining patio) within the MUB District and to permit the onsite service and consumption of alcoholic beverages 1

2 within a bona fide eating establishment. The proposed restaurant would not meet the conditions for an Alcohol Exemption because alcohol service is proposed from 6am- 1:30am. Aside from the interior remodel of the space, construction of a new outdoor dining patio, new door openings, renovation of the existing ground sign, and reconfiguration of the parking spaces, no other substantial changes to the existing building are proposed. The following issues should be considered by the Planning Commission in its review of the proposed project and are addressed in this report: The compatibility of the proposed restaurant 5,352 square-foot restaurant with a Type 41 alcohol license for on-site service and consumption of beer and wine with surrounding land uses The effectiveness and appropriateness of the recommended conditions of approval in terms of mitigating potential alcohol-related adverse impacts on the area The consistency of the proposed 24-hour restaurant with the Land Use and Circulation Element and Mixed Use Boulevard (MUB) zoning district. Background The subject site was developed in 1959 with a one-story Googie style commercial building to accommodate the Penguin Coffee Shop. An addition in the rear of the building was completed in 1962 resulting in a 4,836 square-foot building. Upon completion, Penguin Coffee Shop operated at the location until 1991 when Dr. Beauchamp Western Dental acquired the property and occupied the site for nearly 25 years. The dental office vacated the building in August 2016 and the applicant is proposing to re-establish a restaurant at the site. The Armet and Davis-designed building is listed on the City s Historic Resources Inventory (HRI), but is not individually designated as a historic resource. For this reason, the proposed changes that affect the exterior of the building would require review and approval by the Architectural Review Board (ARB) once a determination on the CUP application has been rendered. The original sign, including the penguin set above the billboard supported by two metal columns was retained with only a face change to the sign to accommodate the dental office. The exiting freestanding pole sign was designated as a meritorious sign on March 22, If the character-defining features of a meritorious sign are altered, the sign would be required to be removed or if possible, modified to conform to the Sign Ordinance. Mel s Drive-In Restaurant operates three Southern California locations in Hollywood, West Hollywood, and Sherman Oaks and four locations in San Francisco. The proposed Mel s Drive-In in Santa Monica will be the company s eighth location. As with the company s other locations, the proposed restaurant would operate 24 hours a day and intends to serve beer and wine (Type 41) for onsite consumption. The original sign structure will be retained with the exception of a face change to accommodate the new 2

3 restaurant name. Other proposed changes include an interior remodel, construction of a new outdoor dining patio with a new access door fronting Olympic Boulevard, and a new emergency exit door leading to the parking lot. There are a total of 39 existing surface parking spaces on site. The applicant is proposing to restripe and reconfigure the parking lot to accommodate an additional four parking spaces for a total of 45 spaces. Based on the square footage, the new restaurant requires 43 parking spaces. 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: Mixed Use Boulevard (MUB) Land Use Element Designation: Mixed Use Boulevard Parcel Area (SF): 21,763 SF Parcel Dimensions: 148 by Existing On-Site Improvements (Year Built): One-story commercial building (1959) Rent Control Status: Exempt Commercial Adjacent Zoning Districts / Land Uses: North: MUB / Retail East: MUB / Offices South: Santa Monica Fwy (Interstate 10) West: DSP / US Post Office and Parking Structure Site Location Map 1670 Lincoln Boulevard The subject site is located within the MUB district and across an alley at the rear from the proposed Downtown Community Plan (DSP) area. The MUB district permits a wide range of local- and visitor-serving uses from retail, restaurant, and service-related businesses to residential development consistent with the goals and policies of the LUCE. Project Analysis The proposed project involves the adaptive reuse of an existing 4,836 square-foot, onestory commercial building constructed in 1959 and originally occupied by Penguin Coffee Shop until The building was used as a dental office up until August Mel s Drive-In Restaurant is proposing to reoccupy the building as a 24-hour full-service restaurant with incidental on-site service and consumption of alcoholic beverages (Type 41). The interior space would undergo an interior tenant improvement to accommodate the new use. The proposal also includes a new 516 square-foot outdoor dining patio in front of the building along Lincoln Boulevard. The total indoor and outdoor dining areas combined total 5,352 square feet with 170 seats. The parking lot and spaces will be reconfigured to accommodate a total of 45 parking spaces, two spaces above the 3

4 minimum number required by the Zoning Ordinance. Additionally, the required four short-term and four long-term bicycle parking spaces would be provided in compliance with Mobility Division requirements. Restaurants exceeding 5,000 SF and providing on-site service and consumption of alcoholic beverages with food service within the MUB district require approval of a CUP. The proposed restaurant would not include a separate bar or alcohol display area. Kitchen/Support Area Indoor Dining Outdoor Dining Patio TOTAL Proposed 2,680 SF 2,156 SF 516 SF 5,352 SF 4

5 Proposed Project Operation / Hours of Alcohol Service The applicant is proposing to establish a 24-hour restaurant for food service with alcohol service between the hours of 6:00 a.m. to 1:30 a.m. daily, which is consistent with State Law and would be conditioned accordingly. Last call for alcohol service would be at 1:30 AM. The restaurant is also required to comply with SMMC Section which prohibits any exterior activity generating noise audible from the interior from occurring between the hours of 11:00 PM and 6:00 AM. In order to ensure that the primary business operations are of a food-serving establishment, a condition has been added that would require no more than 35% of the total gross revenues per year be from alcohol sales (Condition No. 35). There is no outdoor dining facility currently, but a new 516 SF outdoor dining patio is proposed within the subject site facing Lincoln Boulevard. There are no other restaurants or alcohol-serving outlets within 500-foot radius of the subject site. Parking Requirement The project site contains 39 surface parking spaces located around the building which previously accommodated a dental office. Based on the proposed use and square footage of the building and outdoor dining patio, the change in land use from a medical office to a restaurant would require a total of 43 parking spaces. In order to meet this parking requirement, the applicant proposes to restripe and reconfigure the existing spaces since they are dimensionally larger than currently required by the Municipal Code for parking spaces. The reconfigured parking lot would create 45 parking spaces on site which is an increase of six spaces above the existing condition and exceeds the minimum required for the proposed use. PARKING and BICYCLE PARKING (Tables and ) REQUIRED PROVIDED Restaurants, 2,500 5,000 sq. ft. (proposed restaurant is 5,352 sq. ft.) Short-Term Bicycle Parking Long-Term Bicycle Parking 1 space per 125 sq. ft. of floor area = 43 spaces 1 space per 4,000 sq. ft. of floor area; minimum 4 per project 1 space per 3,000 sq. ft. of floor area; minimum 4 per project 45 spaces 4 4 The new restaurant will be subject to the City s minimum bicycle parking requirement. The restaurant is required to provide four short-term bicycle racks for customers, four separate and secure long-term bicycle parking for employees, and to post a bulletin for employees with information regarding ridesharing, bus/transit route, and bicycle paths. Furthermore, the bicycle racks for customers would be placed near the front of the restaurant, while the bicycle racks for the employees would be located at the rear portion of the property. 5

6 Neighborhood Compatibility The proposed restaurant is located adjacent to two major streets - Lincoln and Olympic Boulevards. The Santa Monica Freeway (Interstate 10) and its onramp directly adjoin the subject site along its south side. The area is generally developed with low scale buildings and is comprised of businesses offering a variety of goods and services, including some retail establishments, gym/fitness facilities, vehicle repair garages, car wash facilities, and office buildings although the development of new residential units is anticipated. Within close proximity to the site are the City s Big Blue Bus facility and the US Post Office. The existence of residential developments are limited within the immediate neighborhood although the development of new residential units is anticipated. Immediately to the west of the project site is the proposed Downtown Specific Plan (DSP) district, and to the east is the Industrial Conservation (IC) district. There are no restaurants within a 500-foot radius of the subject site. Further north, approximately 1,000 feet away is Denny s Restaurant (1560 Lincoln Boulevard) which was recently received entitlements for a new 5-story mixed use building. Bay Cities Italian Deli and Bakery and Swingers are located farther north. This is also a neighborhood in transition from a highway-based, low-scale commercial district to a mid-rise, mixed use area. The two lots immediately north (1650 and 1660 Lincoln Blvd) of the subject site have a pending application for a six-story, mixed-use buildings with 100 dwelling units and ground floor retail. Across the street at Lincoln Boulevard and 1613 Lincoln Boulevard are two mixed-use projects proposing a total of 139 units. Further north at 1601 Lincoln Blvd and 1560 Lincoln Boulevard, near the intersection of Colorado Avenue and Lincoln Boulevard are two approved mixed use projects that are 5-story each with a combined total of 190 dwelling units and ground floor retail. In total, within half a block of the subject site, 429 new dwelling units as well as new commercial retail space are either approved or proposed. In the MUB district, new restaurants up to 2,500 square feet in area are permitted by right. Restaurants between 2,501 5,000 square feet require a Minor Use Permit (MUP) while larger restaurants greater than 5,000 square feet require a CUP. The CUP process allows for the discretionary review of larger restaurants and the service of alcohol which have the potential to draw more customers and from a wider geographical area. Larger restaurants and restaurants with alcohol service could potentially have greater impacts to the surrounding area related to traffic, noise, and other issues. The requested CUP for on-site consumption of beer and wine is intended to be complementary and incidental to the operation of a full-service restaurant. The CUP application allows for appropriate conditions to be imposed on the proposal on a case-by-case basis in order to achieve compatibility among existing and new uses within a neighborhood. The proposed restaurant is located in a neighborhood that is currently underserved with dining options. There are no restaurants located within a 500-foot radius of the subject 6

7 site. With the anticipated demolition of Denny s Restaurant, the nearest restaurants are Bay Cities Italian Deli and Bakery and Swingers which are located two blocks away. The proposed Mel s Drive-In Restaurant would expand the dining options in the immediate area and within the city. The new restaurant also proposes to operate 24 hours a day and would be one of two restaurants (aside from Swingers) in the area to offer this service. A new outdoor dining patio fronting Lincoln Boulevard is also proposed and would help activate the street along an otherwise vehicle-oriented thoroughfare. The majority of the improvements are limited to the interior of the building with minor changes to the front of the building in order to create a new outdoor dining patio and new door openings. The proposed change in use from a medical office to a restaurant would not affect the height or scale of the existing building since no expansion to the building is proposed with the exception of the outdoor dining patio. Staff has conceptually reviewed the proposed patio and doors on the east elevation of the building and determined that the approach is consistent with the Secretary of the Interior s Standards for Rehabilitation in that the proposed alterations do not impact the historic character or defining features of the building. The proposed patio and doors do not alter the character-defining features of the building. The proposed exterior changes to the building will require review and approval by the Architectural Review Board, ensuring compliance with the Secretary of the Interior s Standards for the Treatment of Historic Properties. The improvements will further upgrade the health and safety of the building for both customers and employees and comply with all current requirements. The new outdoor dining patio would not encroach onto the public right-of-way as it will be located on the subject parcel. Additionally, the operator will be required to establish a security plan filed with the Police Department. Conformance with the Land Use and Circulation Element (LUCE) The new restaurant would serve both the residents and visitors due to its proximity to the beach, pier, downtown, and the region as a popular public recreation destination. The proposed project is consistent with Citywide Goal LU1 and further supported by policy LU1.4 to retain existing structures that add to the character of residential districts. Citywide Goal LU12 encourages Historic Preservation Citywide Preserve buildings and features which characterize and represent the City s rich heritage along with Goal LU12.3 which promotes the rehabilitation of historic resources. The existing Googie style building designed by Armet and Davis and reminiscent of 1950 s coffee shop architecture would be retained and re-adapted from a medical office to a new restaurant. The retention of this architecturally significant building would enhance the character of the neighborhood. Goal N3 is to locate services and amenities within walking distance of neighborhoods. Through the success of policy LU15.6, the city s primary boulevards are evolving from an auto-oriented model to a mixed use commercial/residential model as evidenced by numerous proposed and approved mixed use projects along Lincoln Boulevard. As such, the proposed restaurant is consistent with Goal N3 and policy N3.1 which is to encourage commercial uses that provide 7

8 goods, services, and amenities located within walking distance of neighborhoods. The proposed outdoor dining patio along the primary façade of the building is consistent with Goals and Policies for Lincoln Boulevard, particularly policy B25.14 which promotes sidewalk dining. Citywide Policy E5 encourages the creation of a local businessfriendly environment that supports the creation of locally-owned and operated small businesses, and Policy 6 promotes visitor-serving uses that support economic sustainability that are consistent with traffic reducing incentives. The granting of the CUP would allow a known business an opportunity to serve the residents of Santa Monica and visitors to the city in a neighborhood that lacks dining options as well as expand upon the dining options throughout the city, particularly a 24-hour restaurant. Further, the granting of the CUP would allow the existing building to be reused as a restaurant that supports the new mixed use commercial/residential neighborhood, maintain its architectural significance, provide a local-serving establishment, and activate the street consistent with the LUCE. Police Department The Santa Monica Police Department (SMPD) has provided input regarding the proposed restaurant in that the outdoor dining patio enclosure should be constructed in a manner that would offer a level of control of the ingress/egress into the restaurant. Environmental Analysis The proposed project is exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section (Class 1) for Existing Facilities, Section (Class 3) for New Construction or Conversion of Small Structures, and Section (Class 31) for Historical Resource Restoration/Rehabilitation, of the State CEQA Guidelines. The project would make interior tenant improvements of an existing 4,836 SF building to convert the structure from former dental office uses into a restaurant use, make minor exterior modifications for a new outdoor dining patio and door openings, and allow for the incidental sales, service, and on-site consumption of alcoholic beverages in conjunction with a full-service restaurant. The proposed restaurant is less than 10,000 square feet in floor area and is a conditionally permitted use in the MUB zone. The proposed restaurant would not involve the use of significant amounts of hazardous substances, all public services and facilities are available to serve the project, and the surrounding area is not environmentally sensitive. Therefore, this project is categorically exempt per Sections and of the CEQA Guidelines The building was originally constructed as a coffee shop before being converted to a dental office. The proposed project would revert the use back to an eating and drinking establishment including the addition of a 516 square-foot, front patio. The proposed exterior modifications, including finishes would be consistent with the maintenance and preservation of a historic resource in accordance with the Secretary of the Interior s Standards for the Treatment of Historic Properties. As proposed, the exterior scope of work would not alter the character defining features of the building including the upwards soaring, concrete roof; the plate glass walls; and rock pylons. Therefore, the proposed project is categorically exempt per Section of the CEQA Guidelines. 8

9 In addition, none of the exceptions specified in Section of CEQA Guidelines would apply that would preclude the use of the aforementioned CEQA exemptions - The project site is not located in a sensitive environment, the project will not have a significant effect on the environment due to unusual circumstances, the project will not damage scenic resources, the project will not be located on a hazardous waste site; and the project will not cause a change to a historical resource. Alternative Actions: In addition to the recommended action, the Planning Commission could consider the following with respect to the project if supported by the evidentiary record and consistent with applicable legal requirements: 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 applicant proposes to reoccupy an existing 4,836 SF, one-story building as a 24- hour full-service restaurant. The building would undergo a complete interior remodel to accommodate the new use. A new 516 SF outdoor dining patio will be created along the front façade facing Lincoln Boulevard. The site was originally occupied by Penguin Coffee Shop after the building was constructed in The most recent tenant was a dental office. Returning the Googie-style building to a restaurant use would be appropriate since it was originally constructed for a restaurant. The surrounding neighborhood is evolving to a commercial/residential neighborhood as evidenced by numerous proposed and approved mixed-use developments which would generate more retail and residential opportunities within the area. The neighborhood is currently served by a variety of businesses including some local-serving retail, vehicle repair garages, car wash facilities, and office buildings. Within a 500-foot radius of the site, there are no restaurants. The closest food-serving business is Denny s which is slated to be demolished and replaced with a new mixed-use project. Further north are Bay Cities Deli and Swingers Restaurant. The proposed 24-hour restaurant with incidental service and consumption of alcoholic beverages would expand local-serving businesses in the area including dining options in the city. The proposal is also consistent with Citywide goals and policies as discussed in the LUCE. The proposed use would activate this portion of Lincoln Boulevard and create a pedestrian-friendly environment. 9

10 Prepared by: Rathar Duong, Associate Planner Attachments A. General Plan and Municipal Code Compliance Worksheet B. Draft Statement of Official Action C. Public Notification & Comment Material D. Photographs E. Project Plans F:\CityPlanning\Share\Templates\Staff Reports\PC Staff Report \16ENT-0079 (1670 Lincoln Blvd) CUP.doc 10

11 ATTACHMENT A GENERAL PLAN AND MUNICIPAL CODE COMPLIANCE WORKSHEET Project Location and Permit Processing Time Limits Project Address: 1670 Lincoln Boulevard Application Filing Date: June 9, 2016 CEQA Deadline: August 18, 2016 PSA Deadline: October 7, 2016 Total Process Review Time (Days): 64 Days CATEGORY LAND USE ELEMENT MUNICIPAL CODE Permitted Use Restaurant, Full Service (SMMC , Table ) PROJECT Conversion of a dental office into a new full-service restaurant within an existing 4,836 SF building and a new 516 SF outdoor dining patio Number of Stories Two Stories (E) one- story building Vehicle Parking One space for every 125 SF of floor area including outdoor dining patio greater than 200 SF = 43 spaces 45 parking spaces Bicycle Parking SMMC , Table : Bicycle Parking Regulations = four short- and four long-term bicycle parking Four short-term and four longterm bicycle parking 11 Attachment A

12 ATTACHMENT B DRAFT STATEMENT OF OFFICIAL ACTION City of Santa Monica City Planning Division PLANNING COMMISSION STATEMENT OF OFFICIAL ACTION PROJECT INFORMATION CASE NUMBER: LOCATION: APPLICANT: PROPERTY OWNER: CASE PLANNER: REQUEST: CEQA STATUS: 16ENT Lincoln Boulevard Jack Goldfinger Brodrick Dunlap Rathar Duong, Associate Planner A Conditional Use Permit (CUP) application to establish a new 5,352 square-foot, 24-hour, full-service restaurant and to allow the on-site service and consumption of alcoholic beverages (Type 41) in conjunction with the proposed Mel s Drive-In Restaurant located within the Mixed Use Boulevard (MUB) District. The proposed project is exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section (Class 1) for Existing Facilities, Section (Class 3) for New Construction or Conversion of Small Structures, and Section (Class 31) for Historical Resource Restoration/Rehabilitation, of the State CEQA Guidelines. The project would make interior tenant improvements of an existing 4,836 SF building to convert the structure from former dental office uses into a restaurant use, make minor exterior modifications for a new outdoor dining patio and door openings, and allow for the incidental sales, service, and on-site consumption of alcoholic beverages in conjunction with a full-service 12 Attachment B Draft Statement of Official Action

13 restaurant. The proposed restaurant is less than 10,000 square feet in floor area and is a conditionally permitted use in the MUB zone. The proposed restaurant would not involve the use of significant amounts of hazardous substances, all public services and facilities are available to serve the project, and the surrounding area is not environmentally sensitive. Therefore, this project is categorically exempt per Sections and of the CEQA Guidelines The building was originally constructed as a coffee shop before being converted to a dental office. The proposed project would revert the use back to an eating and drinking establishment including the addition of a 516 square-foot, front patio. The proposed exterior modifications, including finishes would be consistent with the maintenance and preservation of a historic resource in accordance with the Secretary of the Interior s Standards for the Treatment of Historic Properties. As proposed, the exterior scope of work would not alter the character defining features of the building including the upwards soaring, concrete roof; the plate glass walls; and rock pylons. Therefore, the proposed project is categorically exempt per Section of the CEQA Guidelines. In addition, none of the exceptions specified in Section of CEQA Guidelines would apply that would preclude the use of the aforementioned CEQA exemptions - The project site is not located in a sensitive environment, the project will not have a significant effect on the environment due to unusual circumstances, the project will not damage scenic resources, the project will not be located on a hazardous waste site; and the project will not cause a change to a historical resource. PLANNING COMMISSION ACTION Sept. 21, 2016 X Determination Date Approved based on the following findings and subject to the conditions below. Denied. Other: 13 Attachment B Draft Statement of Official Action

14 EFFECTIVE DATES OF ACTIONS IF NOT APPEALED: EXPIRATION DATE OF ANY PERMITS GRANTED: LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATES*: October 6, 2016 October 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 applicable Zoning district and complies with all other applicable provision of this Ordinance and all other titles of the Municipal Code, in that SMMC Table requires that a new full-service restaurant greater than 5,000 square feet, including outdoor dining and seating, requires a CUP. The proposed restaurant is 5,352 square feet which includes a new outdoor dining patio. SMMC Section (B) requires that an alcohol outlet obtain a CUP unless the proposed use has received an Alcohol Exemption Zoning Conformance Permit. Due to the proposed 24-hour operation of the restaurant, an Alcohol Exemption Zoning Conformance Permit is not applicable in this case. 2. The proposed use is consistent with the General Plan and any applicable specific plan, in that it would not impair the integrity and character of the district in which it is to be established or located, in that the proposed full-service restaurant is consistent with the underlying Mixed Use Boulevard (MUB) district. The MUB district is intended to facilitate the transformation of underutilized and autooriented sections of boulevards into vibrant, diverse, and attractive pedestrianfriendly mixed-use boulevards that support local-serving retail and a diversity of housing type. A full-service restaurant would help further these goals by activating this section of Lincoln Boulevard and expanding the dining options in the immediate neighborhood as none currently exists within a 500-foot radius of the subject site. A CUP is required since the proposed restaurant is larger than 5,000 SF, and a restaurant of this size has the potential of generating impacts to the general public and surrounding area. The CUP process is intended to safeguard the public and surrounding neighborhoods. Other on-site consumption 14 Attachment B Draft Statement of Official Action

15 and alcohol-related recommended conditions of approval have been added to mitigate any potential impacts associated with restaurants and alcohol consumption. Citywide Policy E5 promotes the creation of a local businessfriendly environments that support the retention of locally-owned and operated small businesses. Policy E6 encourages visitor-serving uses in the City that support economic sustainability that is consistent with traffic reducing incentives. The new restaurant is a locally-based small business that serves the needs of both visitors and residents. 3. The subject parcel is physically suitable for the type of land use being proposed, in that the subject site was developed in 1959 with a one-story commercial building for Penguin Coffee Shop which operated at the site until The site was later occupied by a dental office for nearly 25 years. The proposed Mel s Drive-In Restaurant would convert the building back to a restaurant use. A restaurant is appropriate for the site due to its proximity to the freeway and its location near a major intersection. All private and public improvements such as sewer and utilities are existing and will be maintained. 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 would be operated as a local- and visitor-serving restaurant that provides a dining opportunity in an area that lacks dining options. There are other local-serving businesses in the area including retail, vehicle repair garages, car wash facilities, and office buildings. The proposed use would expand on the existing retail/service establishments in the area and help activate portions of Lincoln and Olympic Boulevards. The site is separated from the proposed DSP by an alley and is in close proximity to downtown. The sales, service, and consumption of alcoholic beverages would be incidental to the service of food. While the restaurant will provide 24-hour food service, the service and consumption of alcoholic beverage will cease between the hours of 1:30 AM to 6:00 AM consistent with State law. The proposed conditions of approval will further ensure that the new business will operate harmoniously with adjacent and nearby uses. 5. The proposed use is 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 building was originally constructed to accommodate a restaurant which operated at the site until Existing land uses within the immediate vicinity are also local-serving including service-related businesses and some retail. The proposed restaurant would expand on the existing mix of uses in the area, in particular dining options. The neighborhood is evolving through various mixed use projects that are either in process or approved. These projects would provide additional retail opportunities and housing types that would eventually create an active, walkable, and vibrant neighborhood on the edge of downtown. 6. The physical location or placement of the use on the site is compatible with and relates harmoniously to the surrounding neighborhood, in that the freestanding 15 Attachment B Draft Statement of Official Action

16 building was originally occupied by a restaurant and most recently a dental office. The building is situated in the corner of the lot near the intersection of Lincoln and Olympic Boulevards. The on-site parking facilities surround the building along the side and rear. The proposed restaurant would not change the height or scale of the existing one-story building. Further, the existing restaurant is located within proximity to other retail/service establishments that offer a variety of goods and services. 7. The proposed project is exempt from the provisions of the California Environmental quality Act (CEQA), pursuant to Section (Class 1), Existing Facilities, Section (Class 3) for New Construction or Conversion of Small Structures, and Section (Class 31) for Historical Resource Restoration/Rehabilitation of the State Implementation Guidelines in that the project involves an adaptive reuse of an existing one-story building to accommodate a new 24-hour full-service restaurant in conjunction with the onsite service and consumption of alcoholic beverages. The overall improvements include interior remodel of the 4,836 SF building and construction of a new 516 SF outdoor dining patio. 8. The proposed use would not be detrimental to the public interest, health, safety, convenience, or general welfare, in that the proposed restaurant would occupy an existing building, and there would be no new construction with the exception of a new outdoor dining patio. The majority of the improvements will take place inside the building to accommodate the new use and will comply with all applicable codes and requirements including ADA restrooms and access. Moreover, public and private improvements, such as water and utilities services currently exist. It is anticipated that the implementation of the recommended conditions of approval would minimize any impacts on the surrounding neighborhood and general vicinity. 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 neighborhoods. While new mixed-use projects have been approved on the adjoining parcels to the north and in the general vicinity, the existing uses nearby include retail, office, and servicerelated establishments such as vehicle repair garages and car wash facilities. Across the alley at the rear of the restaurant is a multi-level parking garage and US Post Office. No impacts to adjacent properties will result in that the conditions of approval will ensure that the establishment operates as a fullservice restaurant without a separate bar area, dance floor, or after hour activities. 2. The proposed use will not contribute to an undue concentration of alcohol outlets in the area in that the proposal is a new restaurant with incidental on-site 16 Attachment B Draft Statement of Official Action

17 service and consumption of alcoholic beverages (beer and wine only) to food service. Presently, there are no other restaurants or alcohol outlets within a 500- foot radius of the subject site. While this proposal will result in an increase one new alcohol outlet, it will not cause an over concentration 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 conditions of approval ensure that alcohol sales and on-site consumption continue to remain incidental to the primary restaurant business. Conditions limiting the seating, prohibiting a separate bar, hours of alcohol service, limiting service hours in the outdoor dining area, prohibiting a dance floor, and after hour activities will minimize any potential negative impacts on any existing and future residential uses in the vicinity. It is anticipated that the implementation of the recommended conditions of approval would minimize any impacts on the surrounding neighborhood and general vicinity. Additionally, alcohol-related impacts are generally not associated with this type of alcoholserving establishment. 4. Traffic and parking congestion will not result from the proposed use in that parking for the use will be provided onsite. A total of 45 parking spaces would be provided to accommodate the new restaurant. Additionally, the project site is easily accessible by pedestrians and bicyclists on Lincoln Boulevard. CONDITIONS OF APPROVAL: PLANNING AND COMMUNITY DEVELOPMENT Project-Specific Conditions 1. This approval is for a Type 41 (On-Sale Beer and Wine for Bona Fide Public Eating Place) alcohol license only. Any request to modify the license type shall require a new CUP, Zoning Conformance Review, or Alcohol Exemption applications to be filed. 2. Seating arrangements for sit-down patrons shall not exceed: 129 Seats Interior Seating Area (Including Seated Counter) 34 Seats Outdoor Patio 7 seats Waiting Area 170 Seats TOTAL 3. The permitted hours for food service shall be 24-hours daily. 4. Food and alcohol service to the outdoor dining patio shall cease at 10:00 PM. 17 Attachment B Draft Statement of Official Action

18 5. Alcohol service shall cease between the hours of 1:30 AM 6:00 AM. 6. Prior to the issuance of a building permit, at least four short-term bicycle parking and four long-term bicycle parking shall be provided. The applicant shall work with the City s Mobility Division to identify and locate bicycle parking racks for patrons and a separate secured bicycle parking rack for employees. Final selection of the fixture and placement of the racks are subject to review and approval of the Mobility Division staff. The long-term bicycle parking facility shall be locked and enclosed. 7. A bulletin board informing employees of rideshare opportunities, mass transit information and bicycle paths/routes shall be posted in the employee area at all times. 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 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. 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 final inspection the applicant shall post a notice at the building entry stating that the site is regulated by a Conditional Use Permit and the Statement of Official Action (STOA), which includes the establishment s conditions of approval, and the establishment s approved floor plan, 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 (ABC) department. 18 Attachment B Draft Statement of Official Action

19 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 and Community Development regarding employee alcohol awareness training programs and policies. The plan shall outline a mandatory alcohol awareness training program for all employees having contact with the public and shall state management's policies addressing alcohol consumption and inebriation. The program shall require all employees having contact with the public to complete a California Department of Alcoholic Beverage Control (ABC) sponsored alcohol awareness training program within 90 days of the effective date of this approval. In the case of new employees, the employee shall attend the alcohol awareness training within 90 days of hiring. In the event the ABC no longer sponsors an alcohol awareness training program, all employees having contact with the public shall complete an alternative program approved by the Director of Planning and Community Development. The operator shall provide the City with an annual report regarding compliance with this condition. This project shall be subject to any future City-wide alcohol awareness training program condition affecting similar establishments. 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 shall defend, indemnify, and hold harmless the City and its boards, commissions, agents, officers, and employees (collectively, "City") from any claims, actions, or proceedings (individually referenced as "Claim" and collectively referenced as "Claims") against the City to attack, set aside, void, or annul, the approval of 16ENT-0079, or any Claims brought against the City due to the acts or omissions in any way connected to the Applicant's project. City shall promptly notify the applicant of any Claim and shall cooperate fully in the defense. Nothing contained in this paragraph prohibits the City from participating in the defense of any Claims, if both of the following occur: (1) The City bears its own attorney's fees and costs. (2) The City defends the action in good faith. Applicant shall not be required to pay or perform any settlement unless the settlement is approved by the Applicant. 19 Attachment B Draft Statement of Official Action

20 In the event any such action is commenced to attack, set aside, void or annul all, or any, provisions of any approvals granted for the Project, or is commenced for any other reason against the City for the act or omissions relating to the Applicant's project, within fourteen (14) days following notice of such action from the City, the Applicant shall file with the City a performance bond or irrevocable letter of credit, or other form of security satisfactory to the City ("the Security") in a form satisfactory to the City, and in the amount of $100,000 to ensure applicant's performance of its defense, indemnity and hold harmless obligations to City. The Security amount shall not limit the Applicant's obligations to the City hereunder. The failure of the Applicant to provide the Security shall be deemed an express acknowledgment and agreement by the Applicant that the City shall have the authority and right, without consent of the Applicant, to revoke the approvals granted hereunder. Conformance with Approved Plans 16. This approval is for those plans dated September 6, 2016, 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 and Community Development. An increase of more than 5% 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 and Community Development. 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. Fees 19. As required by California Government Code Section 66020, the project applicant is hereby notified that the 90-day period has begun as of the date of the approval of this application, in which the applicant may protest any fees, dedications, reservations, or other exactions imposed by the City as part of the approval or as a condition of approval of this development. The fees, dedications, reservations, 20 Attachment B Draft Statement of Official Action

21 or other exactions are described in the approved plans, conditions of approval, and/or adopted city fee schedule. 20. No building permit shall be issued for the project until the developer complies with the requirements of Chapter 9.66 of the Santa Monica Municipal Code, the Transportation Impact Fee Program. 21. No building permit shall be issued for the project until the developer complies with the requirements of Chapter 9.68 of the Santa Monica Municipal Code, the Affordable Housing Commercial Linkage Fee Program. Project Operations 22. The primary use of the premises shall be for sit-down meal service to patrons. 23. If a counter service area is provided, food service shall be available at all hours the counter is open for patrons, and the counter area shall not function as a separate bar area. 24. Window or other signage visible from the public right-of-way that advertises beer or alcohol shall not be permitted. 25. Customers shall be permitted to order meals at all times and at all locations where alcohol is being served. The establishment shall serve food to patrons during all hours the establishment is open for customers. 26. The establishment shall maintain a kitchen or food-serving area in which a variety of food is prepared on the premises. 27. Take out service shall be only incidental to the primary sit-down use. 28. No alcoholic beverage shall be sold for consumption beyond the premises. 29. Except for special events, alcohol shall not be served in any disposable containers such as disposable plastic or paper cups. 30. No more than three television screens including video projectors or similar audio/visual devices shall be utilized on the premises. None of these televisions or projection surfaces shall exceed 60 inches measured diagonally. 31. No video or other amusement games shall be permitted on the premises. 32. Entertainment may only be permitted in the manner set forth in Section , Restaurants with Entertainment. 21 Attachment B Draft Statement of Official Action