SR-061390-6N
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MAR 1 3 1990
C/ED:PB:DKW:SL
pC/CMEMOS
council Mtg: March 13, 1990
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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
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MAR 1 3 1990
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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.
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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.
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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.
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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
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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
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