1 City of Santa Monica
City Planning Division
CITY COUNCIL
STATEMENT OF OFFICIAL ACTION
PROJECT INFORMATION
CASE NUMBER: 21ENT-0138 (Appeal of Conditional Use Permit 20ENT-0237) 21ENT-0139 (Appeal of Conditional Use Permit 21ENT-0090) LOCATION: 849 Ocean Avenue
APPELLANT: OCBSM Owner LLC
APPLICANT: OCBSM Owner LLC
PROPERTY OWNER: OCBSM Owner LLC
CASE PLANNER: Rathar Duong, Associate Planner
REQUEST: Appeals of Planning Commission denials of two Conditional Use Permit applications to provide alcohol and meal services to the general public offered by the Oceana Hotel’s existing onsite restaurant. These services are currently limited only to hotel guests and their visitors. Conditional Use Permit 21ENT-0090 seeks to open the Oceana Hotel’s existing restaurant to the general public within established indoor and outdoor dining facilities on the hotel property. Conditional Use Permit 20ENT0237 seeks to amend the hotel’s existing Conditional Use Permit 96CUP-009 associated with the hotel’s existing ABC Type 70 alcohol license (On-Sale General-Restrictive Service) to provide alcohol service to the general public in conjunction with the hotel’s full-service restaurant meal service. Conditional Use Permit 21ENT-0090 was submitted pursuant to Council’s approval of Text Amendment 20ENT-0236.
CEQA STATUS: The proposal to open the Oceana Hotel’s existing restaurant to the public is exempt from the provisions of the California Environmental Quality Act pursuant to CEQA Guideline
Section 15301 (Class 1) for Existing Facilities, in that the project involves the operation, repair, maintenance,
permitting, leasing, or licensing of an existing hotel to extend its guest-only meal and alcoholic beverage services to the public in its existing onsite restaurant which is a negligible and incremental expansion of the existing on-site restaurant 2 use. The proposal does not involve new construction,
expansion of the existing building, and does not involve the demolition of any structures over 40 years old. The subject property is not listed on the City’s Historic Resources Inventory. More specifically, the project would not result in any proposed or future expansion of the restaurant’s existing kitchen, dining room, and seating capacity in the dining room or outdoor dining patio. The proposal utilizes all features and functions of the existing onsite guest-serving restaurant, including kitchen and wait staff, while extending the same dining service to the general public. Further, the proposal would not increase or expand the capacity beyond what the existing restaurant and its seating capacity/occupancy is able to accommodate under the plans submitted with the
applications providing the general layout of the physical indoor and outdoor dining space.
CITY COUNCIL ACTION
April 26, 2022 Determination Date
X Appeal granted based on the following findings.
Appeal Denied; Application approved based on the following findings and subject to the conditions below.
Other:
EFFECTIVE DATES OF ACTIONS IF NOT
APPEALED: April 26, 2022
EXPIRATION DATE OF ANY PERMITS
GRANTED: October 26, 2026
4.5 years following the Effective Date of
Action.
(2.5 years pursuant to SMMC
9.37.090(A)(1) + 2 years pursuant to
Emergency Interim Zoning Ordinance
2698 (CCS) adopted on March 22,
2022.)
LENGTH OF ANY POSSIBLE EXTENSION
OF EXPIRATION DATES*: 12 months
3 * Any request for an extension of the expiration date must be received in the City Planning Division prior to expiration of this permit.
The City Council, having held a public hearing on April 26, 2022, hereby approves Appeals 20ENT-0237 and 21ENT-0090 to allow the Oceana Hotel to extend services currently provided by its existing onsite restaurant to the general public and associated alcohol service with meals.
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
A. The proposed use is conditionally allowed within the applicable Zoning District and complies with all other applicable provisions of this Ordinance and all other titles of the Municipal Code as permitted by the approval and adoption of Text Amendment 20ENT-0236 by the City Council. The proposed opening of the existing onsite restaurant to the public meets the three criteria established by the text amendment and allows application for the required Conditional Use Permit as in the R2 and R3 Zoning Districts. The restaurant is not an entirely new use, but an existing ancillary use to the Oceana Hotel currently only serving hotel guests.
SMMC Section 9.31.040(B) requires a Conditional Use Permit for the sale and consumption of alcoholic beverage. The applicant has requested to amend the hotel’s existing Conditional Use Permit that was originally approved for alcohol service associated with an ABC Type 70 License (On-Sale General – Restrictive Service) in order to allow the hotel the ability to extend alcohol service to the public and to align with the proposed meal service in its existing hotel restaurant pursuant to an ABC Type 47 License (On-Sale General – Eating Place).
B. The proposed use is consistent with the Goals and Policies specified for the MultiUnit Residential Districts land use district of the General Plan. The proposal to open an existing onsite restaurant to the public and provide alcohol service pursuant to an ABC Type 47 License and Type 70 license in an existing hotel location within the R3 (Medium Density Residential) District is consistent with and supports a number of LUCE’s goals and policies, including Goal LU3, Policies LU3.3 and LU4.2 and Goal N3, Policies N3.1 seek to focus on creating localserving uses, in particular uses that serve residents’ daily needs and are located within easy walking distance in order to reduce the frequency and length of trips.
While Goal N3.2 seeks to allow small-scale retail uses in neighborhoods with a land use designation of Low-Density Residential, Medium-Density Residential or 4 High-Density Housing.
C. The subject parcel is physically suitable for the type of land use being proposed, in that the restaurant is an existing amenity within the Oceana Hotel. The proposal to open and offer its meal service and its alcoholic beverage service to the public pursuant to an ABC Type 47 License and maintain its ABC Type 70 License does not involve the expansion, construction, or remodel of the existing kitchen and dining room. The existing building footprint and restaurant location within the hotel will remain unchanged. The restaurant occupies approximately 1,556 SF that includes the outdoor dining patio in the courtyard on the ground floor.
D. As conditioned herein, the proposed use is compatible with any of the land uses presently on the subject parcel if the land uses are to remain. 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 has been continuously occupied by a hotel since 1958 and its existing onsite restaurant is currently available to guests only.
The existing operation is not known to adversely impact the surround neighborhood. The proposed opening of the restaurant to the public does not involve changes to the existing hotel facility or its mode of operation nor does it involve expansion of the existing restaurant. The proposed alcohol service pursuant to an ABC Type 47 License is compatible with the hotel’s current ABC Type 70 License and both are customary components of a hotel and its full service restaurant. The hotel’s existing restaurant will continue to serve hotel guests while new restaurant patrons are likely to come from the surrounding residential neighborhood and therefore is not anticipated to generate adverse impacts. The availability of a new restaurant in the neighborhood will expand on the existing local-serving goods and services.
E. 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 which may include but not be limited to size, intensity, hours of operation, number of employees, or the nature of the operation in that the existing hotel and its onsite restaurant for guests have been a longstanding feature in the residentially-zoned neighborhood for over 63 years. With the exception of new non-hotel guests dining at the restaurant, the proposed opening of the existing restaurant to the public will not result in changes to the location and size of the restaurant. As conditioned herein, the proposed restaurant hours of operation is between 7:00 AM – 10:00 PM Monday to Thursday and 7:00 AM - 11:00 PM Friday to Sunday and to the surrounding neighborhood and its mode of operation will not substantially change in conjunction with proposal to open up the restaurant to the public. It is anticipated that new restaurant patrons will be from the surrounding neighborhood since the restaurant is intended to be local- and neighborhood-serving. The proposed alcohol service pursuant to an ABC Type 47 License is compatible with the hotel’s current ABC Type 70 License and both are customary components of a typical hotel and its full service restaurant.
5 F. The physical location or placement of the use on the site is compatible with and relates harmoniously to the surrounding neighborhood, in that existing restaurant by design is internally located within the hotel. Access to the restaurant is through the lobby where there is a waiting area, and into the central courtyard. There will be no openings associated with the restaurant that will open onto the street. The existing configuration eliminates the likelihood of diners congregating, waiting, or queuing outside the building and along Ocean Avenue. The outdoor patio dining will also be located within the courtyard. Any potential noise impacts from the increase in diners to the restaurant will be blocked by the by the building and limited to within the courtyard. Alcohol service pursuant to an ABC Type 47 License is compatible with the hotel’s current ABC Type 70 license and both are customary components of a typical hotel and its full-service restaurant. As conditioned herein, alcohol service associated with the ABC Type 47 License will be provided in tandem with meal service within the 67-seat, 1,556 SF restaurant between 7:00 AM – 10:00 PM Monday – Thursday and 7:00 AM -11:00 PM on Friday, Saturday, and Sunday, except that meal and alcohol service in the outdoor dining patio will end at 10:00 PM in order to ensure compatibility with the surrounding residential neighborhood.
G. Based on environmental review, the proposed project has no potentially significant environmental impacts or any potentially significant environmental impacts have been reduced to less than significant levels because of mitigation measures incorporated in the project or a Statement of Overriding Considerations has been adopted. The requested Conditional Use Permit is required to establish a publiclyaccessible hotel restaurant in the R3 Zoning District. While meal and alcohol beverage services will be extended to the general public within a restaurant pursuant to an ABC Type 47 License, the restaurant is an existing feature of the Oceana Hotel that is currently only available to hotel guests. There are no physical changes or expansion associated with the requested restaurant CUP. The proposal to open the Oceana Hotel’s existing restaurant to the public is exempt from the provisions of the California Environmental Quality Act pursuant to CEQA Guideline Section 15301 (Class 1) for Existing Facilities, in that the project involves the operation, repair, maintenance, permitting, leasing, or licensing of an existing hotel to extend its guest-only meal and alcoholic beverage services to the public in its existing onsite restaurant which is a negligible and incremental expansion of the existing on-site restaurant use. The proposal does not involve new construction, expansion of the existing building, and does not involve the demolition of any structures over 40 years old. The subject property is not listed on the City’s Historic Resources Inventory. More specifically, the project would not result in any proposed or future expansion of the restaurant’s existing kitchen, dining room, and seating capacity in the dining room or outdoor dining patio. As such, the proposal will not generate any environmental-related impacts.
H. The proposed use and related project features would not be detrimental to the public interest, health, safety, convenience, or general welfare. The proposed restaurant would not be detrimental to the public interest, health, safety, 6 convenience, or general welfare in that the use and associated activities would be compatible within the context of its commercial setting as a hotel operation. It is generally expected that a boutique hotel like Oceana would feature an onsite restaurant and whereby such restaurants are typically open to the public. The Oceana Hotel has existing at the site over 63 years when it was initially a permitted use. Throughout its 63 years in operation, it has not cause longstanding adverse impacts to the surrounding neighborhood and has generally been a responsible operator and a good neighbor. The alcohol service pursuant to an ABC Type 47 License is compatible with the hotel’s current ABC Type 70 license and both are customary components of a typical hotel and its full service restaurant. Alcohol service associated with the ABC Type 47 License will be provided in tandem with meal service within the 67-seat, 1,556 SF restaurant between 7:00 AM – 10:00 PM Sunday – Thursday and 7:00 AM -11:00 PM on Friday and Saturday, except that meal and alcohol service in the outdoor dining patio will end at 10:00 PM. As proposed, the alcohol service would not create any adverse impacts to the surrounding neighborhood when operated consistent with the recommended conditions of approval and the requirements of the State of California Department of Alcoholic Beverage Control.
ALCOHOL OUTLET FINDINGS
1. The proposed alcohol sales will not adversely affect the welfare of neighborhood residents in a significant manner in that the use will be located within an existing hotel’s onsite restaurant. While the hotel and its restaurant are located within the R3 residential Zoning District, the hotel with its ancillary restaurant was a permitted use within the residentially-zoned neighborhood for over thirty years.
Further, the property has been serving alcoholic beverages under ABC Type 70 License (On-Sale General – Restrictive Service) since 1996 to hotel guests and their visitors without incident or adverse effects pursuant to Conditional Use Permit 06CUP-009. It is not anticipated that extending alcohol service with full meal service to guests and the public at the restaurant pursuant to an ABC Type 47 License (On-Sale General – Eating Place) would adversely affect the public welfare and negatively impact the surrounding neighborhood as the restaurant is intended to be local- and neighborhood-serving and appropriate conditions have been required to stipulate the hours and floor plan associated with the restaurant’s alcoholic beverage service in order to ensure that operations will not adversely affect the surrounding neighborhood.
2. The proposed use will not contribute to an undue concentration of alcohol outlets in the area in that the existing restaurant located inside a hotel without a separate bar area or entertainment is not typically known to contribute to objectionable problems associated with alcohol outlets. The hotel is only one two such alcohol outlets located within a 500-foot radius of the site (the other is the Jonathan Club located on Palisades Beach Road). Additionally, it is anticipated that the implementation of the recommended conditions of approval will minimize any impacts on the surrounding neighborhood and general vicinity. The hotel currently 7 holds an ABC Type 70 License which was granted in 1996. The required amendment to existing alcohol CUP 06CUP-009 is to allow the existing restaurant the ability to serve alcoholic beverages with full meal service and as such, this type of outlet is not anticipated to contribute significantly to alcohol related problems in and around the area. Furthermore, there have not been reports of alcohol-related incidents associated with this hotel and restaurant in the past.
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. More specifically, while the existing hotel and its onsite restaurant is located across the street from Palisades Park and residential uses, the hotel has been serving alcoholic beverages to its guests since 1996 with an ABC Type 70 License without incidents and the proposed extension of alcohol service with a full-service restaurant is pursuant to an ABC Type 47 License and does not permit the sale of alcohol for off-site consumption. Furthermore, the proposed conditions of approval, such as prohibition on a separate bar area or entertainment will minimize the potential impacts on the residential uses in the vicinity.
4. The sale of alcohol will not increase traffic congestion or generate a demand for parking that will adversely affect surrounding businesses and residents in that additional parking associated with the proposal to open the existing onsite restaurant to the public is not required. The full-service restaurant will continue to provide service to the hotel guests. Moreover, the onsite restaurant is intended to be local- and neighborhood-serving and will likely be drawings visitors from the surrounding neighborhoods.
CONDITIONS OF APPROVAL:
COMMUNITY DEVELOPMENT
Restaurant-Related Conditions
1. Seating arrangements for sit-down patrons shall not exceed 67 (49 interior and 18 exterior) seats. Bar area seating shall not exceed 4 seats; restaurant seating shall not exceed 67 seats; customer waiting area seating shall not exceed 5 seats.
2. Hours of operation for the restaurant will be from 7:00 a.m. to 10:00 p.m. Sunday through Thursday; and 11:00 p.m. on Friday and Saturday, except that meal service in the outdoor patio dining area shall end at 10:00 PM. No "after hours" operations shall be permitted. Alcohol service to any outdoor seating area adjacent to a public street or sidewalk shall cease one hour in advance of the operating hours otherwise permitted.
3. Food must be available at all times and at all public places where alcohol is served, including at any counter seating during the restaurant operating hours. 8 4. Deliveries of supplies and provisions in direct support of the hotel and restaurant operation shall occur no more than three (3) days per week between the hours of 9:00 AM – 6:00 PM.
5. The existing onsite restaurant shall only be associated with the hotel by ownership and shall not become a standalone restaurant, leased, owned or operated by a separate entity, including a chef not employed by the hotel.
6. The hotel restaurant shall develop and maintain an incentive program (such as offering free appetizers, a free nonalcoholic drink or similar promotion) to any neighborhood patron who walks, bikes, or uses another form of micromobility, to the restaurant.
7. The existing restaurant shall be maintained and operated as a full-service restaurant with set menu and waitstaff.
8. Dining services associated with the hotel restaurant to the general public shall be conducted within the restaurant dining room and specified common areas as identified by the submitted plans dated April 19, 2021.
9. Valet parking shall be provided for hotel and restaurant guests arriving by personal vehicles, including bikes and other modes of transportation. The existing approved valet service plan shall be maintained to accommodate hotel and restaurant guests.
10. There shall be no queuing associated with valet parking on or along Idaho Street.
Valet and associated queuing shall be conducted in front of the hotel along Ocean Avenue in accordance with the Mobility Division-approved valet plan on file.
11. Parking spaces shall not be occupied by or used for purposes of storing items other than vehicles.
12. Signs shall be posted to remind guests to minimize noise/conversation while outside.
13. Consistent with the purpose of SMMC Section 9.41.080(B), the applicant shall file a compliance report for three consecutive years, with the first report filed within one (1) year after the effective date of this Conditional Use Permit 21ENT0090, to review the effectiveness of and level of compliance with the terms and conditions of this Conditional Use Permit approval. After submittal of this compliance report, staff shall either set the matter for a public hearing which is noticed in the same manner as the original permit application or submit the compliance report to the Planning Commission as an information item to enable the Planning Commission to determine whether a public hearing is necessary. The information item will be 9 posted on the City’s website and notice shall be given by any additional means deemed appropriate by the Director. Upon review of the compliance report at this public hearing, if any, the Planning Commission may add or revise terms and conditions to the extent necessary to ensure effective conditions of approval.
Administrative
14. The City Council’s approvals of CUP 20ENT-0237 and CUP 21ENT-0090 by approving appeals 21ENT-0138 and 21ENT-0139 shall not become effective unless and until the City Council adopts an ordinance approving Text Amendment 20ENT-0236. The approval of these permits shall expire if the rights granted are not exercised within 4.5 years from the permit’s effective date. Exercise of rights shall mean issuance of a building permit to commence construction or actual commencement of the use granted by these Conditional Use Permits if a building permit is not required.
15. 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.
16. Prior to operation of the hotel restaurant pursuant to Conditional Use Permits 20ENT-0237 and 21ENT-0090, 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, and the establishment’s approved floor plan, and is available upon request. This notice shall remain posted at all times the establishment is in operation.
17. Within thirty (30) days from date of the approval of the Statement of Official Action, the applicant shall provide a copy of the approved Statement of Official Action for this project to the local office of the State Alcoholic Beverage Control department.
18. 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) 10 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.
19. 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.
20. 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.
21. 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.
22. 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 20ENT-0237 and 21ENT-0090 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:
i. The City bears its own attorney's fees and costs.
ii. The City defends the action in good faith.
iii. Applicant shall not be required to pay or perform any settlement unless the settlement is approved by the Applicant.
iv. 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 11 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
23. This approval is for those plans dated April 19, 2021, 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.
24. Minor amendments to the plans shall be subject to approval by the Director of Planning. A substantial change in mode or character shall be subject to Planning Commission Review. A substantial change in mode or character of operation shall include, but is not limited to, a change in operational hours that extends past the approved hours of operation, a 5 percent increase in the floor area of the premises, a 10 percent increase in the shelf area used for the display of alcoholic beverages, queuing outside the establishment, age requirements for entry, checking identification at the door, implementing a cover charge, offering bottle service, or a 5 percent increase or decrease in the number of seats in any restaurant that serves alcoholic beverages, but in no case shall the increase exceed any established seating limitation in the underlying zoning district. 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.
25. 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
26. 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, 12 or other exactions are described in the approved plans, conditions of approval, and/or adopted city fee schedule.
Project Operations
27. 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.
28. No exterior activity such as trash disposal, disposal of bottles or noise generating trash, deliveries or other maintenance activity generating noise audible from the exterior of the building shall occur during the hours of 11:00pm to 7:00am daily. In addition, there shall be no outdoor cleaning of the property with pressurized or mechanical equipment during the hours of 9:00pm to 7:00am daily. Trash containers shall be secured with locks.
Alcohol-Related Conditions
29. No alcoholic beverage shall be sold for consumption beyond the premises.
30. Except for special events, alcohol shall not be served in any disposable container such as disposable plastic or paper cups.
31. The primary use of the premises shall be for sit-down meal service to patrons as a full-service restaurant.
32. Bottle service shall mean the service of any full bottle of liquor, wine, or beer, of more than 375 ml, along with glass ware, mixers, garnishes, etc., in which patrons are able to then make their own drinks or pour their own wine or beer. Liquor bottle service shall be prohibited. Wine and beer 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.
33. The establishment shall maintain a kitchen or food-serving area in which a variety of food is prepared and cooked on the premises.
34. The establishment shall serve food to patrons during all hours the establishment is open for customers.
35. Customers shall be permitted to order meals at the bar at all times the bar or restaurant is open for business.
36. There shall be no cover charge or minimum drink purchase requirement.
37. Any minimum purchase requirement may be satisfied by the purchase of beverages or food.
13 38. Take out service shall be only incidental to the primary sit-down use.
39. 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.
40. No dancing or live entertainment beyond that allowed in the restaurant definition contained in the Zoning Ordinance shall be permitted on the premises.
41. No organized queuing of patrons at the entry or checking of identification to control entry into and within the establishment shall be permitted. There shall not be any age limitation imposed restricting access to any portion of the restaurant.
42. The establishment 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.
43. No video or other amusement games shall be permitted on the premises.
44. No more than three television screens, including video projectors or similar audio/visual devices, shall be on the premises. None of these televisions or projections surfaces shall exceed 60 inches measured diagonally.
45. Parking lot illumination shall be provided and maintained.
46. The owner shall prohibit loitering in the parking area and shall control noisy patrons leaving the restaurant.
47. Employees of the establishment shall walk a 100-foot radius from the facility at some point prior to 30 minutes after closing and shall pick up and dispose of any discarded beverage containers and other trash left by patrons.
48. Window or other signage visible from the public right-of-way that advertises beer or alcohol shall not be permitted.
49. Applicant is on notice that all temporary signage is subject to the restrictions of the City sign ordinance.
50. The project shall at all times comply with the provisions of the Noise Ordinance (SMMC Chapter 4.12).
51. There shall not be a bar within the restaurant or in any public or common areas on the premises that is exclusive only to the service of alcoholic beverage. The existing bar shown on the floor plan dated April 19, 2021 shall be available for all meal service.
14 52. Alcoholic beverages service and consumption shall only be provided and served to patrons in conjunction with meal service or food to non-hotel guests.
53. The primary use of the premises shall be a hotel.
54. No alcoholic beverage shall be sold for consumption beyond the premises.
55. Alcohol shall only be stored within the refrigerators in guest rooms where none of the occupants are under the age of 21. Room service of alcoholic beverages is permitted to serve alcohol to adult guests for consumption in their rooms and shall not be performed between the hours of 2:00 a.m. and 6:00 a.m. Restocking of the refrigerators shall be performed in the course of scheduled room service activities, and shall not be performed between the hours of 2:00 a.m. and 6:00 a.m.
56. No video or other amusement games shall be permitted on the premises, except in-room television video games.
Final Design
57. Plans for final design, landscaping, screening, trash enclosures, and signage shall be subject to review and approval by the Architectural Review Board.
58. Refuse areas, storage areas and mechanical equipment shall be screened in accordance with SMMC Section 9.04.10.02.130, 140, and 150. Refuse areas shall be of a size adequate to meet on-site need, including recycling. The Architectural Review Board in its review shall pay particular attention to the screening of such areas and equipment. Any rooftop mechanical equipment shall be minimized in height and area, and shall be located in such a way as to minimize noise and visual impacts to surrounding properties. Unless otherwise approved by the Architectural Review Board, rooftop mechanical equipment shall be located at least five feet from the edge of the roof. Except for solar hot water heaters, no residential water heaters shall be located on the roof.
59. No gas or electric meters shall be located within the required front or street side yard setback areas. The Architectural Review Board in its review shall pay particular attention to the location and screening of such meters.
60. Prior to consideration of the project by the Architectural Review Board, the applicant shall review disabled access requirements with the Building and Safety Division and make any necessary changes in the project design to achieve compliance with such requirements. The Architectural Review Board, in its review, shall pay particular attention to the aesthetic, landscaping, and setback impacts of any ramps or other features necessitated by accessibility requirements.
61. As appropriate, the Architectural Review Board shall require the use of anti-graffiti materials on surfaces likely to attract graffiti.
15 Standard Conditions
62. Mechanical equipment shall not be located on the side of any building which is adjacent to a residential building on the adjoining lot, unless otherwise permitted by applicable regulations. Roof locations may be used when the mechanical equipment is installed within a sound-rated parapet enclosure.
63. Final approval of any mechanical equipment installation will require a noise test in compliance with SMMC Section 4.12.040. Equipment for the test shall be provided by the owner or contractor and the test shall be conducted by the owner or contractor. A copy of the noise test results on mechanical equipment shall be submitted to the Community Noise Officer for review to ensure that noise levels do not exceed maximum allowable levels for the applicable noise zone.
64. Final parking lot layout and specifications shall be subject to the review and approval of the Mobility Division.
65. Construction period signage shall be subject to the approval of the Architectural Review Board.
66. The property owner shall insure any graffiti on the site is promptly removed through compliance with the City’s graffiti removal program.
Environmental Mitigation
67. To mitigate solid waste impacts, prior to issuance of a Certificate of Occupancy, project owner shall submit a recycling plan to the Department of Public Works for its approval. The recycling plan shall include:
1) List of materials such as white paper, computer paper, metal cans, and glass to be recycled;
2) Location of recycling bins;
3) Designated recycling coordinator;
4) Nature and extent of internal and external pick-up service; 5) Pick-up schedule; and
6) Plan to inform tenants/ occupants of service.
68. Ultra-low flow plumbing fixtures are required on all new development and remodeling where plumbing is to be added, including dual flush toilets, 1.0 gallon urinals and low flow shower heads.
POLICE
69. Prior to issuance of a Certificate of Occupancy, or a business license, or commencement of alcohol service as applicable, a security plan shall be submitted 16 to the Chief of Police for review and approval. The plan shall address both physical and operational security issues.
70. 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
COMPLIANCE
72. 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 17 VOTE for Conditional Use Permit 20ENT-0237 (Appeal 21ENT-0138) Ayes:
Nays:
Abstain:
Absent:
VOTE for Conditional Use Permit 21ENT-0090 (Appeal 21ENT-0139) Ayes:
Nays:
Abstain:
Absent:
NOTICE
If this is a final decision not subject to further appeal under the City of Santa Monica Comprehensive Land Use and Zoning Ordinance, the time within which judicial review of this decision must be sought is governed by Code of Civil Procedure Section 1094.6, which provision has been adopted by the City pursuant to Municipal Code Section
1.16.010.
I hereby certify that this Statement of Official Action accurately reflects the final determination of the City Council of the City of Santa Monica. ________________________________ _____________________________ Denise Anderson-Warren, City Clerk 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 Date