Item 6-P

City Council Meeting: 12-15-98

TO: Mayor and City Council

FROM: City Staff

SUBJECT: Certification of Statement of Official Action for Appeal of the Planning Commission Approval of Conditional Use Permit 96-023 to Allow the Addition of a Fast-Food Restaurant with Outdoor Seating and a Convenience store to an Existing Self-Service Gas Station at 1410 Pico Boulevard.

INTRODUCTION

This report transmits for City Council certification the Statement of Official Action for the appeal of the Planning Commission's approval of Conditional Use Permit 97-012 to allow the addition of a fast-food restaurant with outdoor seating and a convenience store to an existing self-service gas station at 1410 Pico Boulevard.

On November 10, 1998, the Council upheld the Planning Commission decision and denied the appeal based on the findings and conditions contained in the attached Statement of Official Action.

BUDGET/FINANCIAL IMPACT

The recommendation presented in this report does not have any budget or financial impact.

RECOMMENDATION

It is respectfully recommended that the City Council certify the attached Statement of Official Action.

Prepared by: Suzanne Frick, Director of Planning and Community Development

Karen Ginsberg, Planning Manager

Amanda Schachter, Senior Planner

Paul Foley, Associate Planner

City Planning Division

Planning and Community Development Department

Attachments: A: Statement of Official Action



CITY OF SANTA MONICA

CITY COUNCIL

STATEMENT OF OFFICIAL

ACTION



PROJECT

CASE NUMBER: Conditional Use Permit 96-023

LOCATION: 1410 Pico Boulevard

APPLICANT: Texaco Refining and Marketing, Inc.

CASE PLANNER: Paul Foley, Associate Planner

REQUEST: Appeal of Planning Commission approval of Conditional Use Permit 96-023 to allow the addition of a fast-food restaurant with outdoor seating and a convenience store to an existing self-service gas station at 1410 Pico Boulevard.

CEQA STATUS: Categorically exempt pursuant to Class 1 (1) of the State Guidelines in that the addition of a convenience store and fast-food restaurant to an existing service station where no building square footage is added is a negligible expansion of use.







CITY COUNCIL ACTION

11/10/98 Date.

X Appeal denied, Planning Commission approval upheld based on the following findings and subject to the conditions below.

Denied.

Other.

EFFECTIVE DATE OF ACTION

11/10/98 Conditional Use Permit 96-023, if rights not exercised.

EXPIRATION DATE OF ANY PERMITS GRANTED:

11/10/99 Conditional Use Permit 96-023, if rights not exercised.

LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATE BY ZONING ADMINISTRATOR:

6 Months Conditional Use Permit 96-023

Any request for an extension of the expiration date must be received in the City Planning Division prior to expiration of this permit.

CONDITIONAL USE PERMIT FINDINGS

1. The proposed convenience store and fast-food uses are conditionally permitted within the subject district and comply with all of the applicable provisions of the "City of Santa Monica Comprehensive Land Use and Zoning Ordinance," in that self-service gas stations with convenience stores and fast-food restaurants are conditionally permitted within the C2 Zoning District.

2. The proposed convenience store and fast-food uses would not impair the integrity and character of the district in which they are to be established or located, in that the C2 District allows a range of neighborhood-serving commercial uses, including self-service gas stations, convenience stores and fast-food restaurants.

3. The subject parcel is physically suitable for the type of land use being proposed, in that the existing building will not be expanded in size, the subject property is nearly double the minimum size required for a self-service gas station with a convenience store and is over two and one-half times the minimum required size for a fast-food restaurant, and is a graded parcel with adequate vehicular access.

4. The proposed uses are compatible with the land uses presently on the subject parcel, in that the site is currently occupied by a small food mart within a self-service gas station and the expansion of the convenience store and the addition of a fast-food restaurant are compatible with these on-site uses.

5. The proposed uses are compatible with existing and permissible land uses within the district and the general area in which the proposed uses are to be located, in that a self-service gas station with a mini-market and a fast-food restaurant are conditionally permitted in the C2 Zoning District, and such uses provide a convenient service for local residents which is consistent with the purpose of the C2 District.

6. There are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed uses would not be detrimental to public health and safety, in that the proposed project utilizes existing square footage to accommodate an expansion of an existing food mart and a new fast-food establishment requiring a minimal increase in the need for public utilities.

7. Public access to the proposed use will be adequate, in that vehicular ingress and egress will be provided from Pico Boulevard and pedestrian access is provided from both Pico Boulevard and Fourteenth Street in the same manner to the walk-up fast-food window and the convenience store and that a bicycle rack with four (4) bicycle parking spaces is provided.

8. The physical location or placement of the uses on the site is compatible with and relates harmoniously to the surrounding neighborhood, in that the proposed project will provide a self-service gas station, convenience store and fast-food restaurant which will serve the immediate residential neighborhood as well as the nearby businesses and institutions including the Y.W.C.A. located adjacent to the subject property and Santa Monica College located two blocks to the east. Substantial landscaping is proposed which will buffer the proposed uses on site from the adjacent land uses.

9. The proposed use is consistent with the goals, objectives, and policies of the General Plan, in that it is consistent with Land Use and Circulation Element Objective #1.7 which states that the City shall: "Protect and expand uses that provide for the day-to-day shopping and service needs of nearby residents," and that "The City shall encourage the provision of neighborhood commercial services within walking distance of all neighborhoods." The proposed project provides a service station which serves, in part, the day to day vehicular needs of the nearby community; a convenience store and fast-food restaurant are provided in a walkable, convenient location for nearby residents.

10. The proposed use would not be detrimental to the public interest, health, safety, convenience, or general welfare, in that service station, convenience store and fast-food restaurant operations are conditionally permitted within the C2 Zoning District and are in compliance, as approved, with the applicable standards and special conditions contained in Subchapter 9.04.14 of the City of Santa Monica Comprehensive Land Use and Zoning Ordinance and that the proposed project involves the expansion of an existing food mart within the service station and a fast-food restaurant operation which as conditioned with limited operating hours and landscaping and screening walls to buffer the use from adjacent residential and institutional uses, is compatible with the adjacent residential, business and institutional uses in the area.

11. The proposed uses comply precisely with the applicable standards and special conditions contained in Subchapter 9.04.14 of the City of Santa Monica Comprehensive Land Use and Zoning Ordinance regarding service stations and fast-food establishments and those standards are included as conditions of this approval, in that the proposed project will provide the required landscaping, walls, parking and traffic circulation, trash and recycling areas, litter removal, air and water dispensers, lighting, and telephones and associated noise and vehicular congestion will not impact surrounding residential uses as the hours of operation of the convenience store are consistent with the hours of operation of the service station and the hours of operation of the fast-food restaurant are prohibited between the hours of 10:00pm to 7:00am.

12. The proposed uses will not result in an overconcentration of such uses in the immediate vicinity in that the project involves the expansion of an existing convenience store and the addition of a fast food establishment in an existing service station and this combination of uses in not located in the immediate area.

CONDITIONS

Plans

1. This approval is for those plans dated February 11, 1997, copies 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.

2. The Plans shall comply with all other provisions of Chapter 1, Article IX of the Municipal Code, (Zoning Ordinance) and all other pertinent ordinances and General Plan policies of the City of Santa Monica.

3. Final parking lot layout and specifications shall be subject to the review and approval of the Parking and Traffic Engineer.

4. Minor amendments to the plans shall be subject to approval by the Director of Planning. A significant change in the approved concept shall be subject to Planning Commission Review. Construction shall be in conformance with the plans submitted or as modified by the Planning Commission, Architectural Review Board or Director of Planning.

Architectural Review Board

5. Prior to submittal of landscape plans for Architectural Review Board approval, the applicant shall contact the Department of Environmental and Public Works Management regarding urban runoff plans and calculations.

6. Plans for final design, landscaping and any signage shall be subject to review and approval by the Architectural Review Board.

7. The Architectural Review Board, in its review, shall ensure adequate and proper pedestrian access from both Fourteenth Street and Pico Boulevard.

8. Landscaping plans shall comply with the landscaping standards of the Zoning Ordinance including use of water-conserving landscaping materials, landscape maintenance and other standards contained in the Subchapter.

Construction

9. Unless otherwise approved by the Department of Environmental and Public Works Management, all sidewalks shall be kept clear and passable during the grading and construction phase of the project.

10. Sidewalks, curbs, gutters, paving and driveways which need replacing or removal as a result of the project as determined by the Department of Environmental and Public Works Management shall be reconstructed to the satisfaction of the Department of Environmental and Public Works Management. The temporary nature of this project shall be taken into consideration as part of this determination. Approval for this work shall be obtained from the Department of Environmental and Public Works Management prior to issuance of the building permits.

11. Vehicles hauling dirt or other construction debris from the site shall cover any open load with a tarpaulin or other secure covering to minimize dust emissions.

12. Street trees shall be maintained, relocated or provided as required in a manner consistent with the City's Tree Code (Ord. 1242 CCS), per the specifications of the Community and Cultural Services Division and the Department of Environmental and Public Works Management. No street tree shall be removed without the approval of the Community and Cultural Services Division.

13. A sign shall be posted on the property in a manner consistent with the public hearing sign requirements which shall identify the address and phone number of the owner and/or applicant for the purposes of responding to questions and complaints during the construction period. Said sign shall also indicate the hours of permissible construction work.

14. A copy of these conditions shall be posted in an easily visible and accessible location at all times during construction at the project site. The pages shall be laminated or otherwise protected to ensure durability of the copy.

Miscellaneous Conditions

15. Street and/or alley lighting shall be provided on public rights-of-way adjacent to the project if and as needed per the specifications and with the approval of the Department of Environmental and Public Works Management.

Self-service station/convenience store

16. The project shall comply with Santa Monica Municipal Code, Section 9.04.14.040 Special Conditions for Service Stations.

17. Pursuant to Section 9.04.14.040(i)(1) and (2) of the Zoning Ordinance, a landscaped area or planter with a minimum width of 3' shall be provided between the outdoor seating area for the fast-food restaurant and the property line and between the existing building and the property line, and a minimum of 150 square feet of landscaped area shall be provided at the Pico Boulevard and Fourteenth Street corner property line intersection. These revisions shall be completed prior to Architectural Review Board submittal.

18. Pursuant to Section 9.04.14.040(g) of the Zoning Ordinance, a masonry wall a minimum of 6' in height shall be provided along the property lines abutting adjacent properties with materials, colors, textures and design compatible with the service station, subject to review and approval of the Architectural Review Board. Project plans must be revised for compliance prior to Architectural Review Board submittal.

19. Pursuant to Section 9.04.14.040 (q)(3) of the Zoning Ordinance, no arcade or game machines or other coin-operated electronic machines shall be prohibited within the convenience store.

20. As established by the Planning Commission pursuant to Section 9.04.14.040 (q)(4) of the Zoning Ordinance, the hours of operation of the convenience store shall be consistent with the hours of operation of the self-service gas station.

21. Pursuant to Section 9.04.14.040 (x) of the Zoning Ordinance, a security plan shall be developed by the applicant and approved by the Chief of Police prior to issuance of a building permit.

22. All lighting shall comply with the provisions of Section 9.04.10.02.270 of the Zoning Ordinance.

23. Refuse storage and trash disposal for the self-service station shall be in compliance with Section 9.04.14.040(s) of the Zoning Ordinance.

24. The driveway approach from Fourteenth Street shall be eliminated.

25. The driveway approaches on Pico Boulevard shall be reduced in width to that which retains a minimum width for driving safety, subject to the review and approval of the City Parking and Traffic Division.

26. Pursuant to Section 9.04.14.090(e), a parking and circulation plan encompassing adjoining streets and alleys must be reviewed and approved by the Parking and Traffic Engineer.

27. A bicycle rack containing four (4) bicycle parking spaces shall be provided on-site.

Fast-food restaurant

28. 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.

29. The operation of the facilities of the self-service station shall be in compliance with Section 9.04.14.040(w) of the Zoning Ordinance.

30. Pursuant to Section 9.04.14.090 (b) of the Zoning Ordinance, the hours of operation of the fast-food restaurant shall not begin prior to 7:00am nor continue after 10:00pm.

31. Pursuant to Section 9.04.14.090 (f) of the Zoning Ordinance, additional outdoor trash receptacles shall be provided adjacent to each driveway exit.

32. Pursuant to Section 9.04.14.090 (g) of the Zoning Ordinance, employees shall collect on-site and off-site litter including food wrappers, containers, and packaging from restaurant products generated by customers within a radius of three hundred (300) feet of the property at least once per business day.

33. Pursuant to Section 9.04.14.090 (h) of the Zoning Ordinance, no noise-generating compressors or other such equipment shall be placed on or near the property line adjoining the residentially-zoned district to the south of the subject property.

Validity of Permits

34. 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.

35. Within ten days of 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 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 Planning Division. Failure to comply with this condition shall constitute grounds for potential permit revocation.

36. This determination shall not become effective for a period of fourteen days from the date of determination or, if appealed, until a final determination is made on the appeal. 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 one (1) year from the permit's effective date. Exercise of these rights shall mean issuance of a building permit to begin construction; however, the permit shall also expire if the building permit expires, if final inspection is not completed or a certificate of occupancy is not issued within one (1) year of building permit issuance, or if the rights granted are not exercised within six (6) months following the earliest to occur of the following: issuance of a certificate of occupancy or, if no certificate of occupancy is required, the last required final inspection for the new construction. One six-month extension of the one (1) year period may be permitted if approved by the Director of Planning. Applicant is on notice that time extensions may not be granted if development standards relevant to the project have become more restrictive since project approval.

VOTE

Ayes: Feinstein, Genser, Holbrook, O'Connor

Nays: Ebner

Abstain: Rosenstein

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.


Maria Stewart Date

City Clerk

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.


Applicant's Signature


Print Name and Title

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