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Council Mtg: June 12, 1990
Santa Monica, California
TO: Mayor and city council
FROM: city Staff
SUBJECT: certification of Statement of Official Action To Deny
an Appeal and Uphold Planning Commission Approval of
Conditional Use Permit 90-020 To Permit an On-Sale
General for Bona Fide Public Eating Place (Type 47)
Alcohol Use In Connection With an Approved 318 Seat
Restaurant Located On The Santa Monica pier In The RVC
(Residential- visitor Commercial) District. Applicant:
paci f ic Fare Corporation. Appell ant: Stephanie
Barbanell.
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 the appeal and
upheld the Planning commission's approval of conditional use
permit 90-020 to permit an On-sale General for Bona Fide Public
Eating Place (Type 47) alcohol use in connection with an approved
318 seat restaurant located on the Santa Monica Pier in the RVC
(Residential- Visitor Commercial) District.
RECOMMENDATION
It is respectfully recommended that the Council certify the
attached Statement of Official Action.
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JUN 1 2 \990
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prepared by: Paul Berlant, Director of Planning
D. Kenyon Webster, Principal Planner
Wanda Williams, Associate Planner
Planning Division
Community and Economic Development Department
Attachment: Statement of Official Action
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STATEMENT OF OFFICIAL ACTION
PROJECT
NUMBER: CUP 90-020
LOCATION: West End of the Santa Monica Municipal Pier
APPLICANT: Pacific Fare Corporation
APPELLANT: Stephanie Barbanell
REQUEST: Appeal of Planning Commission Approval of Condi-
tional Use Permit 9 0-02 0 To Permit an On-Sale
General for Bona Fide Public Eating Place (Type
47) Alcohol Use In Connection With an Approved
318 Seat Restaurant Located On The Santa Monica
Pier In The RVC (Residential- visitor Commercial)
District. Applicant: Pacific Fare Corporation.
Appellant: Stephanie Barbanell.
CITY COUNCIL ACTION
05/08/90
Date.
Approved project based on the following findings
and subject to the conditions below.
Denied.
x
other.
mission
Action.
Denied Appeal to Overturn Planning Com-
Action, Upheld Planning commission
FINDINGS
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 RVC District, and
will encourage greater visitor and commercial recreation
uses along the Pier. Provided the sale of alcoholic
beverages remains an ancillary use in connection with
operation of a bona fide restaurant use, issuance of the
permit should not result in adverse land use impacts. The
restaurant use will contribute to the revitalization of
the Santa Monica Municipal pier and the Pleasure Pier.
There are no nearby residential dwelling units that could
be adversely affected by the dispensing of alcoholic
beverages.
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2. The proposed use is compatible with existing and potential
uses wi thin 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 restoration
of the Santa Monica pier with a mixture of daytime and
nighttime uses including several restaurant uses were
approved by the pier Restoration Corporation and the City
of Santa Monica. The proposed hours of operation, limited
size and location of the bar area and location of the
restaurant in relation to other proposed recreation and
visitor facilities and existing Pier and beach parking
spaces should ensure that the demand for available parking
is not exceeded.
3. The welfare of neighborhood residents will not be
adversely affected in that the proposed use is located
away from major residential areas. The project site is
located along the Municipal Pier and will not interfere
wi th use of arterial, collector or residential streets.
Vehicle use of local residential streets is not required
to access the site.
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 in the
project vicinity are developed as part of larger office or
mixed commercial developments. A primary goal of the
restaurant use is to provide services to employees,
customers and visitors using other pier facilities.
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 residential
neighborhoods.
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 Ordinance", in that the sale of alcohol is
conditionally permitted in the RVC district, and in that
the sale of alcohol as a complementary 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 RVC and Oceanfront Districts are
intended to provide a varied mixture of daytime and night-
time uses that encourage visitor and recreation uses along
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the Pier. The primary use of the 5025 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 and should encourage greater use of other pier
facilities.
3. The subject parcel is physically suitable for the type of
land use being proposed, in that Oceanfront District en-
courages the development of restaurants on the Pier.
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 the site previously contained a
restaurant and the replacement project should contain
operating hours and service similar to the previous res-
taurant use.
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 zoning of the site conditionally allows the dispensing
of alcoholic beverages in connection with a restaurant.
The District standards permit a restaurant by right.
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. The Pier restoration project
is being undertaken to upgrade pubic utilities and other
services on the site.
7. Public access to the proposed use will be adequate, in
that the project circulation does not cross or interfere
with the use of surrounding arterial and collector
streets. Parking for the project is located along the
Pier and in public beach parking lots.
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 the restaurant will
contain a design that will reinforce active uses along the
pier and walk-in uses. The outdoor seating areas will
reinforce visitor and commercial recreation uses along the
pier and encourage greater outdoor activities along the
Pier.
9. The proposed use is consistent with the goals, objectives,
and policies of the General Plan, in that the zoning or-
dinance, Pier Restoration Plan and the General Plan pro-
mote and encourage daytime and nighttime and commercial
recreation activities which the proposed use accomplishes.
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10. The proposed use would not be detrimental to the public
interest, health, safety, convenience, or general welfare,
in that the site zoning permits a restaurant use and con-
ditionally permits the sale of alcoholic beverages in con-
nection with a bona fide restaurant. The restaurant is
not located adjacent to a residential neighborhood.
11. 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
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 pier
Restoration Plan establishes the parameters for res-
taurant, entertainment and other nighttime uses along the
Pier. The proposed number and types of restaurants is
indicated in the Plan. In order to allow additional large
scale restaurants along the Pier, the Plan would need to
be amended. Extensive analysis and planning were provided
prior to ensure a balance between restaurant, commercial
recreation, office and other uses along the Pier.
CONDITIONS OF APPROVAL
1. The restaurant hours of operation shall be limited to
5:30 a.m. to 2:00 a.m., Sunday through Saturday.
2. No alcoholic beverages shall be sold prior to 7: 00 a.m.
daily or after 2:00 a.m., daily. No alcohol or food ser-
vice shall be provided on the outdoor patio or in the en-
closed restaurant after 2:00 a.m., seven days per week.
3. The location and use of the outdoor dining area shall com-
ply with the Development Program for the Municipal Pier
approved by the pier Restoration COI~oration on July 20,
1988.
Validity of Permits
4. 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.
5. Wi thin 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
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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.
6. The restaurant operator shall control noisy patrons
leaving the restaurant.
7 . The premises shall have the capabil i ty to serve food to
patrons during all hours the establishment is open for
customers.
8. The premises shall maintain a kitchen or food-serving area
in which a variety of food is prepared and cooked on the
premises.
9.
Seating arrangements for all indoor and outdoor
areas shall not exceed 318 seats and the number of
seats shall not be expanded by 1l\ore than 10%
approved by the Director of Planning.
10. Take out service shall be only incidental to the primary
sit-down use.
floor
total
unless
11. No alcoholic beverage shall be sold for consumption beyond
the indoor or outdoor premises.
12. No dancing or live entertainment shall be permitted on the
premises unless required permits are obtained.
13. 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.
14. 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.
15. The operation of the restaurant must be commenced within
eighteen months from the effective date of the approval
granted by the City Council. This time limit may for good
cause be extended pursuant to SMMC Section 9114.6.
16. The applicant shall notify the Alcohol Beverage Commission
in writing of this determination within fourteen days of
the final effective date of approval. A copy of the
wri tten notification shall be maintained on file in the
City Planning Division.
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VOTE
To Deny Appeal, Uphold Planning Commission Approval of Project:
Ayes:
Nays:
Abstain:
Absent:
Abdo, Genser, Jennings, Reed, Zane
Finkel
Katz
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
~094.6, which provision has been adopted by the City pursuant to
Municipal Code Section 1400. This does not supersede 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.
L1-?~
-s1.gnature ~
6/13/90
date
Clarlce E. Johnsen, Clty Clerk
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
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