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council Meeting: January 10, 1989
Santa Monica, California
TO: Mayor and City Council
FROM: City staff
SUBJECT: certification of Statement of Official Action for the
Appeal of Conditional Use Permit 88-009, 309 Broadway.
Applicant: Janss Corporation.
INTRODUCTION
This report transmits for city Council certification the
statement of Official Action for the appeal of the above listed
Conditional Use Permit for Janss corporation to allow the
operation of a 250 seat restaurant with an on-site general
alcohol license and an off-site beer and wine alcohol license in
the Janss Court at 309 Broadway.
BACKGROUND
After public hearing and careful review of the record and staff
recommendations, the City Council upheld the appeal and approved
the proposed restaurant operation on December 13, 1988.
RECOMMENDATION
It is respectfully recommended that the City Council approve the
attached statement of Official Action which contains findings
and conditions of approval for CUP 88-009.
Prepared By: David Martin, Assistant Planner
D. Kenyon Webster, Principle Planner
Paul Berlant, Director of Planning
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JAN 1 0 1989
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PB:DKW:DM
PC/STOAMEMO
Attachment
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STATEMENT OF OFFICIAL ACTION
PROJECT
NUMBER: Conditional Use Permit 88-009
LOCATION: 309 Broadway
APPLICANT: Janss Corporation
REQUEST: Application for a Conditional Use Permit to allow
an increase in the number of seats in a previous-
ly approved restaurant from 200 to 250 and the
issuance of a General Alcohol License to allow
on-site and off-site consumption.
PLANNING COMMISSION ACTION
12/13/88
X
Date.
Approved based on the following findings and
subject to the conditions below.
Denied based on a lack of four votes.
other.
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 Ordinancell, in that the proposed restaurant
would be located in the Downtown Core and the C3C zone,
both of which allow such uses.
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 Third Street Mall Specific Plan
encourages such uses within the Mall area.
3. The subject parcel is physically suitable for the type of
land use being proposed, in that the restaurant will be
located in a previously approved retail/office building.
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 patrons using the proposed retail,
office and residential space can also utilize the proposed
restaurant.
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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 use would be located in the C3C zoning district and
the Downtown Core Land Use District which allow retail
commercial uses.
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 proposed use would be located in a previously
approved office/retail/residential project, which has been
determined to be adequately served by existing public
utilities.
7. Public access to the proposed use will be adequate, in
that the use would be located in a previously approved
project which has been determined to be adequately served
by existing roadways.
8. The physical location or placement of the use on the site
is compatible with and relates harmoniously to the sur-
rounding neighborhood, in that the restaurant may serve
patrons utilizing existing and proposed services in the
area.
9. The proposed use is consistent with the goals, objectives,
and policies of the Third street Mall Specific Plan in
that Policy 4. .1.11 encourages the introduction of uses
which would attract nighttime use of the mall such as
movie theatres, cultural performances halls, restaurants,
and entertainment facilities.
10. The proposed use would not be detrimental to the public
interest, health, safety, convenience, or general welfare,
in that the use would be located in a commercial location
suitable for a restaurant.
11. The proposed use will not result in an overconcentration
of such uses in the immediate vicinity, in that the res-
taurant will be located in a commercial area and may serve
patrons utilizing existing offices and shops in the
vicinity.
ALCOHOL OUTLET FINDINGS
1. The proposed use and location are in accordance with good
zoning practice, in the public interest, and necessary
that substantial justice be done in that the use is one
conditionally permitted in the C3C zone.
2. The proposed use is compatible with existing and potential
uses wi thin the general area; traff ic or parking
congestions will not result; the public health, safety,
and general welfare are protected; and no harm to
adjacent properties will result in that the proposed use
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would be located in a previously approved commercial
project.
3. There will be no detrimental affect on nearby
residentially zoned neighborhoods considering the distance
of the alcohol outlet to churches, schools, hospi tals,
playgrounds, parks, and other existing alcohol outlets in
that the conditions for approval will minimize the
potential affect on the adjacent uses.
SPECIAL CONDITIONS
1. Off-site liquor sales shall be incidental to the sale of
food.
2. No single bottles or cans of beer or wine shall be sold
for off-site consumption; with the exception of certain
specialty wines, no bottles of wine smaller than 750 ml
shall be sold for off-site consumption; at no time shall
inexpensive, "fortified" wines be sold.
3. The applicant shall obtain the approval of an Outdoor
Dining License from the Economic Development Division.
ALCOHOL OUTLET CONDITIONS
1. The owner shall prohibit loitering in the parking area and
shall control noisy patrons leaving the restaurant.
2. The primary use of the premises shall be for the sale of
food, both sit-down meal service to patrons and for
take-out.
3. The premises shall maintain a kitchen or food-serving area
in which a variety of food is prepared and cooked on the
premises.
4. The premises shall serve food to patrons during all hours
the establishment is open for customers.
5. Seating arrangements for sit-down patrons shall not exceed
250 seats and the number of total seats shall not be
expanded unless approved by the Planning Commission.
6. Take out service shall be only incidental to the primary
sit-down use.
7. No dancing or live entertainment shall be permitted on the
premises.
8. Final plans for any changes to exterior design,
landscaping, trash enclosures, and/or signage shall be
subject to review and approval by the Architectural Review
Board.
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9. Minor amendments to the plans shall be subject to approval
by the Director of Planning. An increase of more than 10%
of the square footage 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.
10. The applicant shall comply with all legal requirements
regarding provisions for the disabled, including those set
forth in the California Administrative Code, Title 24,
Part 2.
11.
Refuse areas, storage areas, and
shall be screened in accordance
(SMMC). Refuse areas shall be of a
on-site need.
mechanical equipment
with Sec. 9127J.2-4
size adequate to meet
12. 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.
13. No noise generating compressors or other such equipment
shall be placed adjacent to neighboring residential
buildings.
STANDARD CONDITIONS
1. Plans for signage shall be subject to review and approval
by the Architectural Review Board.
2. This approval is for those plans dated September 6, 1988,
a copy of which shall be maintained in the files of the
City Planning Division. Project development shall be con-
sistent with such plans, except as otherwise specified in
these conditions of approval.
3. 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.
4. 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 Department
of Recreation and Parks and the Department of General Ser-
vices. No street tree shall be removed without the ap-
proval of the Department of Recreation and Parks.
5. Ultra-low flow plumbing fixtures are required on all new
development and remodeling where plumbing is to be added.
(Maximum 1.5 gallon toilets and 1.0 gallon urinals and low
flow shower head.)
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, .
. .
6. The Plans shall comply with all other provisions of Chap-
ter 1, Article IX of the Municipal Code, (Zoning Or-
dinance) and all other pertinent ordinances and General
Plan policies of the City of Santa Monica.
7. Within twenty-one days of final project approval, project
applicant shall sign 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. Failure to
comply with this condition shall constitute grounds for
potential permit revocation.
VOTE
Ayes: Abdo, Finkel, Genser, Katz, Reed, Zane
Nays:
Abstain:
Absent: Jennings
I hereby certify that this statement of Official Action
accurately reflects the final determination of the City Council
of the city of Santa Monica.
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<"---signature I
January 11, 1989
date
C1arlce E. Johnsen, Clty Clerk
print name and title
PC/stcup889
OM
12/22/88
Appeal consldered December 13, 1988.
Statement of Offlclal Actlon approved January 10, 1989.
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