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SR-6-J . . {,-J . . . . I/o z.- {JtJ t 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 -- ; . . . 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 - 1 - . . 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. - 2 - . . . 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 - 3 - - -- . . 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 - 4 - . . 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 - 5 - . . . 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 - 6 - . . 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 - 7 -