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SR-6-S . t; tl 2- - cCJ-g . I:-s }rfN' 1 2 lQ90 CjED:PB:DKW:WW:ww PCjtrans9 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. ~-s - 1 - JUN 1 2 \990 . . 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 WW:ww PC/trans9 OS/29/90 - 2 - . . 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. - 1 - . . 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 - 2 - . . 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. - 3 - . . 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 - 4 - . . 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. - 5 - . . 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 PCjccst9 WW:ww OS/29/90 - 6 -