Conditional Use Permit 13-004; Variance 13-005, 2433 Main Street

City of Santa Monica 

City Planning Division 

PLANNING COMMISSION 

STATEMENT OF OFFICIAL ACTION 

PROJECT INFORAMTION 

CASE NUMBERS: 

LOCATION: 

APPLICANT: 

PROPERTY OWNER: 

CASE PLANNER: 

Conditional Use Permit 13-004 & 

Parking Variance 13-005 

2433 Main Street 

1 st Phase Fitness 

Sequoia Shores, LCC 

Rachel Dimond, Associate Planner 

REQUEST: Conditional Use Permit (13CUP004) and Parking 

Variance (13VAR005) to allow the operation of an 

exercise facility on the first floor, and to allow a parking 

variance to satisfy off-street parking requirements 

associated with shared parking facilities. 

CEQA STATUS: 

The project is categorically exempt from the provisions of 

CEQA, pursuant to Class 1, Section 15301 of the State 

Implementation Guidelines in that the project involves the 

establishment of an exercise facility within an existing 

tenant space and involves only minor interior alterations 

with no increase in floor area. 

PLANNING COMMISSION ACTION 

June 19, 2013 

X 

Determination Date 

Approved based on the following findings and subject to the 

conditions below. 

Denied. 

Other: 

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CUP 13-004 – VAR 13-005 

Statement of Official Action

EFFECTIVE DATES OF ACTIONS IF July 3, 2013 

NOT APPEALED: 

EXPIRATION DATE OF ANY PERMITS December 19, 2014 

GRANTED: 

LENGTH OF ANY POSSIBLE 

6 months 

EXTENSION OF EXPIRATION DATES*: 

* Any request for an extension of the expiration date must be received in the City 

Planning Division prior to expiration of this permit. 

Each and all of the findings and determinations are based on the competent and 

substantial evidence, both oral and written, contained in the entire record relating to the 

Project. All summaries of information contained herein or in the findings are based on 

the substantial evidence in the record. The absence of any particular fact from any 

such summary is not an indication that a particular finding is not based in part on that 

fact. 

FINDINGS: 

CONDITIONAL USE PERMIT FINDINGS 

1. The proposed use is one conditionally permitted within the subject district and 

complies with all of the applicable provisions of the "City of Santa Monica 

Comprehensive Land Use and Zoning Ordinance", in that SMMC Section 

9.04.08.28.040(g) provides that an exercise facility in the CM district may be 

permitted subject to a Conditional Use Permit. Furthermore, the project is 

consistent with LUCE policy LU4.2 which seeks to encourage local-serving 

businesses within walking distance of residences to reduce the frequency and 

length of vehicular trips. The project site is located on Main Street adjacent to 

residential uses, including the Ocean Park neighborhood. The applicant seeks 

membership within the local community and proposes a TDM measure that 

includes a rewards program incentivizing members to use alternative 

transportation methods to the site. The project is also consistent with LUCE 

policy D31.1, which recommends Main Street have a variety of commercial uses 

for the surrounding community. 

2. The proposed use would not impair the integrity and character of the district in 

which it is to be established or located, in that the Main Street Special 

Commercial district permits exercise facilities, and includes a mix of commercial, 

retail, restaurant, and residential uses. The proposed exercise facility is 

consistent with and complementary to other uses in the area, and is located in an 

area of the City with a high concentration of pedestrian activity. It is not 

anticipated that the proposed exercise facility would have any significant negative 

impacts to the neighborhood. Moreover, conditions of approval associated with 

both the conditional use permit and the parking variance requests, such as limits 

to hours of operation and required valet parking, have been added to the project 

to mitigate potential adverse impacts and to ensure the use’s compatibility with 

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the surrounding neighborhood. 

3. The subject parcel is physically suitable for the type of land use being proposed, 

in that the parcel is developed with a two-story mixed use complex with 121 onsite 

parking spaces (including 19 valet parking spaces) accessible from Main 

Street that can accommodate the proposed use. Furthermore, the proposal 

involves the re-use of an existing tenant space. 

4. The proposed use is compatible with the land uses presently on the subject 

parcel if the present land uses are to remain. These land uses include artist 

studios, barber and beauty shops, general offices, general retail uses, a theater, 

and a restaurant. The proposed use will not conflict with the existing uses. 

Further, the proposed use is complementary to the mix of retail, service, 

restaurant and residential uses on the subject parcel. 

5. The proposed use would be compatible with existing and permissible land uses 

within the district and the general area in which the proposed use is to be 

located, in that the Zoning Ordinance conditionally permits exercise facilities. 

The proposed exercise facility is consistent with and complementary to the mix of 

retail, service, restaurant, and residential uses in the area and specifically, the 

uses on-site. Conditions of approval associated with both the conditional use 

permit and the parking variance requests, such as limited hours of operation and 

required valet parking, have been added to the project to mitigate potential 

adverse impacts and to ensure the use’s compatibility with the surrounding 

neighborhood. 

6. There are adequate provisions for water, sanitation, and public utilities and 

services to ensure that the proposed use would not be detrimental to public 

health and safety, in that the site is located in an urbanized area adequately 

served by existing infrastructure. 

7. Public access to the proposed use will be adequate, in that vehicular access onto 

the site is provided from Main Street with pedestrian access from both Main 

Street and 2nd Street. 

8. The physical location or placement of the use on the site is compatible with and 

relates harmoniously to the surrounding neighborhood, in that the proposed 

exercise facility would occupy an existing office space within an existing building 

that is designed with pedestrian-orientation, and is adjacent to other service and 

retail commercial uses in the area. Consistent with the intent of a pedestrianoriented 

use, the front of the tenant space would include retail visible through the 

building’s large glazing surfaces. This configuration of the first floor would help 

activate the interior space adjacent to the courtyard, improving the building’s 

overall pedestrian-orientation along Main Street. 

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9. The proposed use is consistent with the goals, objectives, and policies of the 

Land Use and Circulation Element (LUCE). Specifically, the proposed use is 

consistent with LUCE policy LU2.5, Vehicle Trip Reduction, which recommends 

strengthening of Transportation Demand Management programs that support 

accessibility by transit, bicycle and foot, and discourage vehicle trips. The 

applicant’s TDM plan includes four components that will reduce vehicle trips to 

the site associated with the proposed use. These components include 

subsidized employee bus passes, incentives for alternative transportation, transit 

and bicycle information available to members and employees, and the installation 

of bike racks adjacent to the subject tenant space. This is also consistent with 

the LUCE policy D31.9, which encourages the implementation of an employee 

TDM program for new businesses. The proposed use is also consistent with 

LUCE policy LU4.2, which seeks to encourage local-serving businesses within 

walking distance of residences to reduce the frequency and length of vehicular 

trips. The project site is located on Main Street that is adjacent to residential 

uses, including the Ocean Park neighborhood. The applicant seeks membership 

within the local community and proposes a TDM measure that includes a 

rewards program incentivizing members to use alternative transportation 

methods to the site. Unlike other commercial uses where it is difficult to apply 

measures that reduce customer parking demand, the membership aspect of the 

exercise facility allows the applicant to provide a rewards program directly to its 

customers which could effectively reduce vehicular trips to the site. 

10. The proposed use would not be detrimental to the public interest, health, safety, 

convenience, or general welfare, in that the proposed use is consistent with the 

Zoning Ordinance and the Land Use and Circulation Element, and project 

conditions have been added to mitigate any potential adverse impacts. 

11. The proposed use conforms precisely to the applicable performance standards 

contained in Santa Monica Municipal Code Subchapter 9.04.12, in that no 

performance standard permit is required. 

12. The proposed use will not result in an over-concentration of such uses in the 

immediate vicinity, in that the proposed exercise facility is located on Main Street 

which is an active part of the City that frequented often by local residents as well 

as office workers, shoppers, and visitors from outside the City. Furthermore, 

while there are other exercise facilities in the Main Street commercial district, the 

proposed use has unique programming that is different from other similar 

facilities. 

PARKING VARIANCE FINDINGS 

1. There are special circumstances or exceptional characteristics applicable to the 

property involved, including size, shape, location, and the mixed use nature of 

the property that do not apply to other properties in the vicinity under an identical 

zoning classification. The site is developed with an existing two-story mixed use 

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complex with a range of neighborhood-serving uses with differing operating 

hours. The mixed use nature of the subject property is a special circumstance in 

this neighborhood, as most buildings along Main Street have single uses and 

thus, stagnant parking demand. The range of uses and hours of operation create 

a synergy for parking, as the on-site land uses have differing parking demands 

throughout the day. The existing site constraints of a mixed use complex with 

surface and below-grade parking do not allow for additional parking spaces to be 

provided for the proposed use. Given the constraints of the existing on-site 

improvements, the applicant proposes a Transportation Demand Management 

program to help reduce the parking demand generated by the proposed exercise 

facility. In an effort to manage and ensure the most efficient use of the on-site 

parking, Condition No. 5 requires that valet service is provided for customers. 

2. The granting of such variance will not be detrimental nor injurious to the property 

or improvements in the general vicinity and district in which the property is 

located in that the applicant’s proposed TDM program will reduce the parking 

demand and the amount of vehicular trips within the area generated by the 

proposed exercise facility. To ensure the reduction of parking demand, the 

proposed TDM program is required as a condition of approval (Condition No. 6). 

A valet service is further required for this project to allow the most efficient use of 

the on-site parking (Condition No. 5). 

3. The strict application of the provisions of this Chapter would result in practical 

difficulties or unnecessary hardships, not including economic difficulties or 

economic hardships, in that the opportunity to establish an exercise facility is 

limited due to the inability to provide additional parking spaces on-site required 

by Code due to existing improvements located on the subject property and 

precludes the addition of neighborhood serving small scale exercise facilities in 

an existing mixed-use building that provides a broad range of community serving 

uses. 

4. The granting of a variance will not be contrary to or in conflict with the general 

purposes and intent of this Chapter, nor to the goals, objectives, and policies of 

the Land Use and Circulation Element (LUCE). Consistent with the LUCE policy 

D31.9, which encourages the implementation of an employee TDM program for 

new businesses, the project proposes a Transportation Demand Management 

strategy to help reduce the parking demand generated by the proposed use. In 

addition to the 121 parking spaces provided on-site (9 specifically for a 

retail/office use in the subject tenant space), the applicant proposes a 

Transportation Demand Management program that offers a variety of incentives 

for employees and customers to use alternate modes of transportation, including 

public transit and bicycles. Unlike other commercial uses where it is difficult to 

apply measures that reduce customer parking demand, the membership aspect 

of the exercise facility allows the applicant to provide a rewards program directly 

to its customers which could effectively reduce vehicular trips to the site. The 

program also proposes to provide transit service information to employees and 

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customers. To ensure the reduction of parking demand generated by the 

proposed use, this proposed TDM program is a condition of approval (Condition 

No. 6). 

5. The variance would not impair the integrity and character of the district in which it 

is to be located in that the proposed TDM program will encourage employees 

and customers to use alternate modes of transit to the site, thereby reducing the 

amount of vehicular trips and parking demand within the area. The plan will help 

increase the use of public transit and bicycles, supporting the pedestrian 

character of the district. To ensure the reduction of parking demand, the 

proposed TDM program is a condition of approval (Condition No. 6). In addition, 

Condition No. 5 requires that valet service is provided for this project to allow the 

most efficient use of the on-site parking. 

6. The subject site is physically suitable for the proposed variance in that the parcel 

is developed with a two-story mixed use complex with 121 on-site parking spaces 

accessible from Main Street that can accommodate the proposed use. As 

demonstrated in the parking inventory and data collected by traffic engineering 

consultants, Gibson Transportation Consulting, Inc., a sufficient number of 

parking spaces are provided to meet the greater parking demand of the 

participating uses in that the proposed leasing of 2,621 square feet of exercise 

facility (health club for parking requirements) would not generate a deficiency of 

parking spaces contained on the subject parcel. Vehicle trips to the site and onsite 

parking demand will be reduced through a Transportation Demand 

Management Plan to further promote transit, walking, and bicycling (Condition 

No. 6). Specifically, the Transportation Demand Management Plan includes 

employee transportation subsidies, bicycle parking, member incentives and 

providing transportation information to members and employees, which 

combined will have a visible effect on vehicular trips to the subject business. 

7. There are adequate provisions for water, sanitation, and public utilities and 

services to ensure that the proposed variance would not be detrimental to public 

health and safety in that the subject property is located within a developed 

urbanized environment that is adequately served by existing infrastructure, public 

utilities and services. It is not anticipated that approval of the subject application 

will create a need for additional utilities or services. 

8. There will be adequate provisions for public access to serve the subject variance 

proposal in that in that vehicular access onto the site is provided from Main 

Street with pedestrian access from both Main Street and 2 nd Avenue. In addition, 

the area is served by the Big Blue Bus and the Tide Shuttle services. 

9. For the reduction of the automobile parking space requirements, the reduction is 

based and conditioned upon an approved parking reduction plan that 

incorporates transportation control measures that have been demonstrated to be 

effective in reducing parking needs and that are monitored, periodically reviewed 

6 



for continued effectiveness, and enforced by the City. As part of the TDM 

program monitoring, the applicant shall annually submit a parking analysis that 

demonstrates the effectiveness of the TDM measures and successful 

implementation of shared parking on-site. Specifically, Condition No. 6 requires 

that the proposed Transportation Demand Management program be 

implemented to reduce the parking demand and the amount of vehicular trips 

within the area generated by the proposed exercise facility. The program would 

provide incentives for both employee and customers to use alternate modes of 

transportation other than private vehicle to the site. In addition, a valet service is 

required for this project to manage the existing parking on site and to allow the 

most efficient use of the on-site parking (Condition No.5). 

10. The strict application of the provisions of this Chapter would result in 

unreasonable deprivation of the use or enjoyment of the property in that due to 

the existing improvements, practical use or enjoyment of the subject parcel would 

not be possible due to the inability to provide the additional parking spaces 

required on-site by the proposed exercise facility that is a compatible use within 

the district. 

CONDITIONS OF APPROVAL: 

PLANNING AND COMMUNITY DEVELOPMENT 

Conformance with Approved Plans 

1. This approval is for those plans dated February 28, 2013, 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. 

2. 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, Landmarks 

Commission, or Director of Planning. 

3. Final valet service operations shall be subject to the review and approval of the 

Transportation Management Division. 

4. The Plans shall comply with all other provisions of Article IX of the Municipal 

Code, (Zoning Ordinance) and all other pertinent ordinances and General Plan 

policies of the City of Santa Monica. 

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Project Specific Conditions: 

5. All doors providing access to the tenant space from the exterior shall be closed 

during business hours. The emergency exit that egresses to 2 nd Street shall be 

closed at all times, except when used as emergency egress. 

6. Prior to commencing business operations and use of the exercise room, the 

applicant shall install sound-absorbing plywood or similar noise-reducing 

reinforcements on the interior of the north walls inside the tenant space, subject 

to approval by the Director of Planning. 

7. Prior to commencing business operations and use of the exercise room, the 

applicant shall install a noise-reducing rubber floor surface, subject to approval 

by the Director of Planning. 

8. The business shall only be open to customers during the following hours: 

Monday through Friday: 6am through 10pm; Saturday and Sunday: 8am through 

5pm. 

9. All on-site exercise activities associated with the proposed use shall only be 

located within the exercise room inside the tenant space, as detailed on those 

plans dated February 28, 2013. 

Parking Variance Conditions 

10. Valet parking service shall be provided on-site for customers of the subject 

business during business operating hours of the subject business. 

11. As a part of the applicant’s parking reduction plan, the proposed TDM program 

shall consist of the following measures: 

Employee transit subsidy: Employer will provide employees with a 50% 

subsidy for transit passes. Employer will provide cash equivalent of the 50% 

subsidy for employees who walk or bike to work. 

Bike Racks: Employer will provide on-site bicycle parking for a minimum of 

ten (10) spaces, available for employees and customers. Should there be no 

on-site location for ten (10) spaces, at least five (5) spaces shall be located 

on-site, with the remainder located directly adjacent to the subject property in 

the public right of way. 

Transportation Information: Business will prominently display transportation 

information in high traffic areas of the facility, including information on ride 

share, shuttles, buses, bicycling, and other multi-modal transportation. This 

information will also be provided to members at registration. 

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Administrative 

Transportation Incentive Program: Upon check-in, staff will keep track of 

method of arrival for each member. Members who do not drive to the site 

would benefit by a rewards program to be designed by the operator. The 

rewards program may include, but shall not be limited to, a free hour of 

personal training for every 20 trips without using a vehicle, free t-shirts, or 

other reward program features intended to be effective in incentivizing 

members to use alternative transportation methods. 

12. The Planning Commission’s approval, conditions of approval, or denial of this 

application may be appealed to the City Council if the appeal is filed with the 

Zoning Administrator within fourteen consecutive days following the date of the 

Planning Commission’s determination in the manner provided in Part 9.04.20.24, 

Sections 9.04.20.24.010 through 9.04.20.24.040. 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 eighteen (18) months from 

the permit’s effective date. Exercise of rights shall mean actual commencement 

of the use granted by the permit. One six month extension may be permitted if 

approved by the Director of Planning. Applicant is on notice that time extensions 

shall not be granted if development standards or development process relevant 

to the project have changed since project approval. Additionally, the rights 

associated with this approval shall expire if the establishment ceases operation 

for a period of one year or longer. 

13. Within ten (10) 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 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. 

14. Within thirty (30) days after final approval of the project, a sign shall be posted on 

site stating the date and nature of the approval. The sign shall be posted in 

accordance with the Zoning Administrator guidelines and shall remain in place 

until a building permit is issued for the project. The sign shall be removed 

promptly when a building permit is issued for the project. 

15. Prior to 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, which includes the establishment’s conditions of approval, is 

available upon request. This notice shall remain posted at all times the 

establishment is in operation. 

9 



16. 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. 

17. 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. 

Construction Plan Requirements 

18. Final building plans submitted for approval of a building permit shall include on 

the plans a list of all permanent mechanical equipment to be placed indoors 

which may be heard outdoors. 

19. The property owner shall insure any graffiti on the site is promptly removed 

through compliance with the City's graffiti removal program. 

20. 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. 

21. 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. 

Environmental Mitigation 

22. Ultra-low flow plumbing fixtures are required on all new development and 

remodeling where plumbing is to be added. (Maximum 1.6 gallon toilets and 1.0 

gallon urinals and low flow shower head.) 

23. To mitigate solid waste impacts, prior to issuance of a Certificate of Occupancy, 

project owner shall submit a recycling plan to the Public Works Department 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; 6) plan to inform 

tenants/ occupants of service. 

Standard Conditions 

24. The operation shall at all times be conducted in a manner not detrimental to 

10 



surrounding properties or residents by reason of lights, noise, activities, parking 

or other actions. 

25. The project shall at all times comply with the provisions of the Noise Ordinance 

(SMMC Chapter 4.12). 

26. 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 

Public Works Department. 

27. Mechanical equipment shall not be located on the side of any building which is 

adjacent to a residential building on the adjoining lot. Roof locations may be 

used when the mechanical equipment is installed within a sound-rated parapet 

enclosure. 

28. 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. 

29. Final building plans submitted for approval of a building permit shall include on 

the plans a list of all permanent mechanical equipment to be placed outdoors and 

all permanent mechanical equipment to be placed indoors which may be heard 

outdoors. 

30. Prior to issuance of a Business License, the applicant shall post a notice at the 

building entry stating that the site is regulated by a Conditional Use Permit and 

the Statement of Official Action, which includes the establishment’s conditions of 

approval, is available upon request. This notice shall remain posted at all time 

the establishment is in operation. 

VOTE: CUP 13-004 & VAR 13-005 

Ayes: 

Nays: 

Abstain: 

Absent: 

Himmelrich, Kennedy, McKinnon, Newbold, Parry, Ries 

Anderson 

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NOTICE 

If this is a final decision not subject to further appeal under the City of Santa Monica 

Comprehensive Land Use and Zoning Ordinance, the time within which judicial review 

of this decision must be sought is governed by Code of Civil Procedure Section 1094.6, 

which provision has been adopted by the City pursuant to Municipal Code Section 

1.16.010. 

I hereby certify that this Statement of Official Action accurately reflects the final 

determination of the Planning Commission of the City of Santa Monica. 

_____________________________ 

Gerda Newbold, Chairperson 

Date 

_____________________________ 

Acknowledgement by Permit Holder 

I hereby agree to the above conditions of approval and acknowledge that failure to 

comply with such conditions shall constitute grounds for potential revocation of the 

permit approval. 

Print Name and Title 

Applicant’s Signature 

12

Conditional Use Permit 13-004; Variance 13-005, 2433 Main Street

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