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JUL 1 0 1990
CjED:CPD:DKW:DM Santa Monica, California
PCjCST90021
council Meeting: July 10, 1990
TO: Mayor and City Council
FROM: city staff
SUBJECT: Certification of statement of Official Action for
Appeal of Conditional Use Permit 90-021, 301 Santa
Monica Boulevard.
INTRODUCTION
This report transmits for city Council certification the
statement of Official Action for the appeal of the above listed
Conditional Use Permit to allow the operation of a 117 seat
restaurant with an on-site general alcohol license at 301 Santa
Monica Boulevard.
BACKGROUND
After public hearing and careful review of the record and staff
recommendations, the City Council upheld the appeal and approved
the proposed Conditional Use Permit on May 22, 1990.
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 90-021.
Prepared By: David Martin, Associate Planner
D. Kenyon Webster, Principle Planner
Paul Berlant, Director of Planning
Attachment h-J
JUL 1 0 1990
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STATEMENT OF OFFICIAL ACTION
PROJECT
NUMBER: Conditional Use Permit 90-021
LOCATION: 301 Santa Monica Boulevard
APPLICANT: Alan Boivin
REQUEST: To allow the issuance of an "On-Site General Al-
cohol License for a Bona Fide Public Eating
Place II (Type 47 Alcohol License) for a 117 seat
restaurant/pub at 301 Santa Monica Boulevard.
CITY COUNCIL ACTION
OS/22/90 Date.
XX Approved project based on the following findings
and subject to the conditions below.
Denied.
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 use is one
which is conditionally permitted in the C3C district, and
is encouraged by the Third Street Mall Specific Plan. The
conditional use permit pertain only to the ancillary sale
of alcoholic beverages in connection with a permitted bona
fide restaurant use. The ancillary alcohol sales will
allow greater daytime and and nighttime use of the site
and will contribute to the economic revitalization of the
downtown area as discussed in the Third Street Mall
Specific Plan Policies.
2. The proposed use is compatible with existing and potential
uses within the general area; traffic 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 redevelopment
of the Third street Promenade was anticipated when the
specific plan was adopted, and the City has and will make
improvements to the street system and parking facilities
to accommodate redevelopment of the area. The Parking
Demand Analysis, Third Street Mall Specific Plan EIR and
several Initial Studies prepared for projects located in
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the Downtown Parking Assessment District indicate that
surplus parking is available in the six parking
structures. The 30 net parking spaces needed for the
restaurant use will not exceed the available parking
supply and will not result in added congestion at key
project intersections.
3. The welfare of neighborhood residents will not be
adversely affected in that the proposed use is located
away from maj or residential areas. The proj ect site is
located adjacent to downtown parking facilities that can
be accessed directly from maj or arterial and collector
streets. Vehicle use of local residential streets is not
required.
4. The granting of the license will not contribute to an
undue concentration of alcohol outlets in the area in that
the majority of bona fide restaurant uses located along
the Third street Promenade are developed as part of larger
office or mixed commercial developments. A primary goal
of the restaurant uses is to provide services to
employees, customers and visitors from other Third street
Mall sites. Thee Third street Mall Specific Plan
encourages restaurant uses along the Promenade and the
uses should therefore not be viewed as an undue
concentration in the District.
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 site is not located near
residential neighborhoods, and in that the conditions for
approval will minimize the potential affect on the
adjacent residential uses.
CONDITIONAL USE PERMIT FINDINGS
1. The proposed use 1s 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 Ordinancett, in that the sale of alcohol is
conditionally permitted in the C3C district, and in that
the sale of alcohol as a complimentary item with meal ser-
vice in the restaurant should not result in adverse
conditions.
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 restaurant uses. The primary use of the 2250
square foot area will be to provide bona fide meal service
with ancillary alcohol service. Provided the alcohol use
does not become primary in nature or the bar area does not
function as a stand alone bar, the use should not impair
the surrounding district.
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3. The subject parcel is physically suitable for the type of
land use being proposed, in that Third street Mall
Specific Plan Policy sections 4.1.34 and 4.1.37 encourage
restaurant uses along corner parcels of the Promenade.
4. The proposed use is compatible with any of the land uses
presently on the subject parcel if the present land uses
are to rel\\a in, in that the building currently being con-
structed on the site will contain general retain and of-
fice uses that are physically separated from the res-
taurant use. The restaurant use will not interfere with
use of the remaining commercial uses along the mall and
may stimulate greater use of the retail space and office
areas.
5. The proposed use would be compatible with existing <\nd
permissible land uses within the district and the general
area in which the proposed use is to be located, in that
the zoning of the site conditionally allows the proposed
use and the Third street Mall Specific Plan encourages
eating and dining uses at this location.
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,
and the site is located in an urbanized area with all the
utilities readily available.
7. public access to the proposed use will be adequate, in
that no on site parking is required and the pedestrian
access is sufficient.
8. The physical location or placement of the use on the site
is compatible with and relates harmoniously to the sur-
rounding neighborhood, in tha t the the ground floor res-
taurant will contain a design that will reinforce street
level activity along the Promenade.
9. The proposed use is consistent with the goals, objectives,
and policies of the General Plan, in that- the zoning or-
dinance, Third Street Mall Specific Plan, and the General
Plan promote and encourage daytime and nighttime activi-
ties which the proposed use accomplishes.
10. The proposed use would not be detrimental to the pUblic
interest, health, safety, convenience, or general welfare,
in that the site is zoned for entertainment use with a
Conditional Use Permit and the Third street Mall Specific
Plan encourages this type of use in the downtown area away
from residential neighborhoods.
1l. The proposed use conforms precisely to the applicable per-
formance standards contained in Subchapter 6, Section 9050
and special conditions outlined in Subchapter 7, Section
9055 of the City of Santa Monica Comprehensive Land Use
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and Zoning Ordinance, in that these sections do not apply
to this project.
12. The proposed use will not result in an overconcentration
of such uses in the immediate vicinity, in that the Third
street Promenade area is proposed as the location for res-
taurant, entertainment and other nighttime activities and
the proposed project is contributes to the establishment
of the Mall as an entertainment center.
CONDITIONAL USE PERMIT CONDITIONS
1. The restaurant hours of operation shall be limited to
Il:OO A.M. to 2:00 A.M.
2 . No alcoholic beverages shall be sold prior to 11:00 a m.
daily or after 1:00 a.m. daily.
3. The configuration of the proposed outdoor dining area
shall be carefully reviewed by the General Services De-
partment and Economic Development Division in relation to
Third street Promenade pedestrian flow.
Plans
4. This approval is for those plans dated Hay 7, 1990, a copy
of which shall be maintained in the files of the City
Planning Division. Project development shall be consis-
tent with such plans, except as otherwise specified in
these conditions of approval.
s. 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.
6. 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.
7. Construction period signage shall be subject to the
approval of the Architectural Review Board.
8. Plans for final design, landscaping, screening, trash en-
closures, and signage that differs significantly from that
approved for the original four story building shall be
subject to review and approval by the Architectural Review
Board.
Validity of Permits
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9. In the event permittee violates or fails to comply with
any conditions of approval of this permit, no further per-
mits, licenses, approvals or certificates of occupancy
shall be issued until such violation has been fully
remedied.
10. 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 condi-
tions of approval and acknowledging that failure to comply
with such conditions shall constitute grounds for poten-
tial revocation of the permit approval. By signing same,
applicant shall not thereby waive any legal rights appli-
cant 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.
ALCOHOL OUTLET CONDITIONS
11. The owner shall control noisy patrons leaving the
restaurant.
12. The premises shall have the capability to serve food to
patrons during all hours the establishment is open for
customers.
13. The premises shall maintain a kitchen or food-serving area
in which a variety of food is prepared and cooked on the
premises.
14. Seating arrangements for all floor areas shall not exceed
117 seats and the number of total seats shall not be
expanded by more than lOt unless approved by the Director
of Planning.
15. Take out service shall be only incidental to the primary
sit-down Use.
16. No alcoholic beverage shall be sold for consumption beyond
the in-door or out-door premises.
17. No dancing or live entertainment shall be permitted on the
premises.
18. 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.
19. 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
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with the plans submitted or as modified by the Planning
Commission, Architectural Review Board, or Director of
Planning.
20. 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.
21. Refuse areas, storage areas, and mechanical equipment
shall be screened in accordance with Sec. 9127J.2-4
(SMMC). Refuse areas shall be of a size adequate to meet
on-site need.
22. 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.
23. No noise generating compressors or other such equipment
shall be placed adjacent to neighboring residential
buildings.
24. A copy of the conditions of approval shall be provided to
the Alcohol Beverage Control.
VOTE
Ayes: Abdo, Finkel, Genser, Jennings, Katz, Reed, Zane
Nays:
Abstain:
Absent:
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
1094.6, 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 I 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.
signature date
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print name and title
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
PC/CCST902l
DM
06/14/90
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