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SR-061390-6N . . (rJ-N MAR 1 3 1990 C/ED:PB:DKW:SL pC/CMEMOS council Mtg: March 13, 1990 tfCz-ct? ? Santa Monica, California J--}OJ- 007 TO: Mayor and city Council FROM: city staff SUBJECT: certification of statement of Official Action for Denial of Appeal of Planning Commission Approval of CUP 89-080 to permit an alcohol license to allow the on-site sale and consumption of beer and wine within an existing, full-service, 49-seat restaurant. INTRODUCTION This report recommends that the City Council certify the attached statement of Official Action for the above referenced appeal. BACKGROUND After a public hearing and careful review of the record and staff recommendation, the City council denied an appeal of the Planning commission's approval of a request to permit an alcohol license to allow the on-site sale and consumption of beer and wine within Cafe Montana, an existing, full-service, 49-seat restaurant located at 1534 Montana Avenue. RECOMMENDATION It is respectfully recommended that the council certify the attached statement of Official Action. prepared by: Shari Laham, Associate Planner D. Kenyon Webster, Principal Planner Paul Berlant, Director of Planning Planning Division Community and Economic Development Department - 1 - (,-N MAR 1 3 1990 . . STATEMENT OF OFFICIAL ACTION PROJECT NUMBER: CUP 89-080 LOCATION: 1534 Montana Avenue APPLICANT: Cafe Montana REQUEST: Appeal of Planning Commission Approval of a Con- ditional Use Permit to permit an alcohol license to allow the on-site sale and consumption of beer and wine within an existing, fUll-service, 49- seat restaurant. CITY COUNCIL ACTION 2/13/90 Date. Approved project based on the following findings and subject to the conditions below. X Denied Appeal and Approved Project. Other. 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 proposed use is consistent with the zoning code. 2. The proposed use is compatible with existing and potential uses within the general area~ is compatible with the General Plan: traffic or parking congestion will not result; the public health, safety, and general welfare are protected; and no harm to adjacent properties will result in that the proposed on-site sale of beer and wine within an existing restaurant will not significantly alter or increase traffic to the site and the site is commercially-zoned and is located on Montana Avenue, designated by the Land Use Element as a neighborhood commercial street. 3. The welfare of neighborhood residents will not be adversely affected in that the on-site sale of beer and wine within an existing full-service restaurant will not significantly alter the operation of the restaurant and no separate bar area will be permitted. - 1 - . e 4. The license will not contribute to an undue concentration of alcohol outlets in the area in that the on-sale of beer and wine is common within full-service restaurants and consistent with the neighborhood commercial character of the area. 5. There will be no detrimental affect on nearby residentially zoned neighborhoods considering the distance of the alcohol outlet to residential buildings, churches, schools, hospitals, playgrounds, parks, and other existing alcohol outlets in that the restaurant is immediately surrounded by commercial structures and a commercial parking lot and in that the conditions for approval will minimize the potential affect on the adjacent residential uses. ALCOHOL OUTLET CONDITIONS 1. The restaurant shall not have a separate bar area from the dining area in which alcoholic beverages are sold. Alcohol sales shall be limited to beer and wine. 2. Parking lot illumination shall be provided and maintained. 3. The owner shall prohibit loitering in the parking area and shall control noisy patrons leaving the restaurant. 4. The primary use of the premises shall be for sit-down meal service to patrons. The sale of beer and wine shall be incidental to the sale of food. 5. The premises shall maintain a kitchen or food-serving area in which a variety of food is prepared and cooked on the premises. 6. The premises shall serve food to patrons during all hours the establishment is open for customers. Hours of operation shall not extend beyond 8 a.m. to 10 p.m. Sunday through Thursday and 8 a.m. to 11 p.m. Friday through Saturday. 7. seating arrangements for sit-down dining patrons shall not exceed 49 seats. 8. At no time may the number of dining area seats exceed 49, in accordance with C2 zoning requirements. In addition, no more than five waiting area seats may be permitted at which drinks may be served, but no food service shall be permitted. The four chairs at the counter area which are intended for waiting customers as indicated on the plans dated 1/20/90 shall be removed. 9. Take out service shall be only incidental to the primary sit-down use. - 2 - . . 10. No alcoholic beverage shall be sold for consumption beyond the premises. 11. No dancing or live entertainment shall be permitted on the premises. No pool tables or coin operated games shall be permitted on the premises. 12. 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. 13. 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. 14. 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. 15. Refuse areas, stora~e areas, and mechanical equipment shall be screened ~n accordance with Sec. 9l27J.2-4 (SMMC). Refuse areas shall be of a size adequate to meet on-site need. 16. 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. 17 . No noise generating compressors or other such equipment shall be placed adjacent to neighboring residential buildings. 18. A sign approved by the Director of Planning shall be posted in the public area of the restaurant stating the 49-seat dining limit for the facility. 19. No more than 49 customer seats shall be located on the premises for dining purposes and five (5) customer seats for waiting purposes, either within the public areas of the restaurant or in storage areas. Project owner shall arrange a full inspection of the premises by a City Zoning Inspector to verify compliance with this requirement. 20. The number of required parking spaces shall be examined by the Planning Director to determine the required number of spaces for the multi-tenant commercial building. - 3 - 21. This permit4lphall be reviewed after a~riOd of one year from the effective date of approval to determine whether the restaurant is operating in compliance with applicable code requirements and conditions of approval. 22. This permit shall expire two years from the effective date of approval. In order to maintain the proposed on-sale beer and wine license, a new Conditional Use Permit must be obtained prior to expiration of this permit. VOTE Ayes: Nays: Abstain: Absent: Abdo, Finkel, Katz, Jennings and Zane Genser and Reed NOTICE If this is a final decision not subject to further appeal under the city of Santa Monica Comprehensive Land Use and Zoning Or- dinance, the time within which judicial review of this decision must be sought is governed by Code of civil Procedure Section l094.61 which provision has been adopted by the City pursuant to Municipal Code section 1400. This does not supercede Public Resources Code Section 21167, which governs the time within which judicial review of the City's acts or decisions in connection with the California Environmental Quality Act must be sought. I hereby certify that this statement of Official Action accurate- ly reflects the final determination of the city Council of the city of Santa Monica. a?pf),;.M~ s~gnatu"Pf March 14, 1990 date Beth J. Holmes, ASs1stant C1ty Clerk print name and title - 4 - . . 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 PCjscup8980 SL 03/01/90 - 5 -