SR-6-D (19)
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PCD SF KG- RES f \plan\share\councll\stoas\97 cup012 wpd FEe 1 0 1998
Council Mtg February 10, 1998 Santa Monica, California
TO Mayor and CIty CounCil
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FROM City Staff
SUBJECT CertIfication of Statement of Official Action for Appeal of the Planning
Commission Approval of Conditional Use Permit 97-012 for Chiller's
Restaurant at 1446 Third Street Promenade
INTRODUCTION
This report transmits for City CounCil certification the Statement of Official Action for
Appeal 97-019 of Planning Commission approval of Conditional Use Permit 97-012 to
allow extended hours and limited dancing and entertainment In conjunction with the
operation of Chillers Restaurant located at 1446 Third Street Promenade
On December 9, 1997, the CounCil upheld the Planning Commission decIsion and denied
the appeal based on the findings and conditions contained In the attached Statement of
OffiCial Action
BUDGET/FINANCIAL IMPACT
The recommendation presented In thIS report does not have any budget or financial
Impact
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fEB 1 0 1998
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RECOMMENDATION
It IS respectfully recommended that the City Council certify the attached Statement of
Official Action
Prepared by Suzanne Fnck, Director of Planning and Community Development
Karen Ginsberg, Planning Manager
David Martin, Senior Planner
Gina SZllak, Assistant Planner
City Planning DIvIsion
Planning and Community Development Department
Attachments A Statement of Official Action
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ATTACHMENT A
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CITY OF SANTA MONICA
CITY COUNCIL
STATEMENT OF OFFICIAL
ACTION
PROJECT
CASE NUMBER Conditional Use Permit 97-012
LOCATION 1446 ThIrd Street Promenade
APPLICANT L Elizabeth Strahlstrom Esq I Chillers Restaurant
CASE PLANNER GIna SZIIak, Assistant Planner
REQUEST Appeal of Planning CommIssion approval of Conditional
Use Permit 97-012 to allow extended hours and lImited
dancIng and entertaInment In conjunctIon wIth the
operation of Chiller's Restaurant at 1446 3rd Street
Promenade
CEQA STATUS Categoncally exempt pursuant to Class 1 of the State
CEQA GUidelines In that the addition of a dance floor, d J
musIc and modified hours of operatIon to an eXisting
restaurant IS considered a minor alteratIon to an eXisting
facIlity
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CITY COUNCIL ACTION
12/9/97 Date
X Appeal denied, Planning Commission approval upheld based on the
following findings and subject to the conditions below
DenIed
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Other
EFFECTIVE DATE OF ACTION
12/9/97 Conditional Use Permit 97-012, If rights not exercised
EXPIRATION DATE OF ANY PERMITS GRANTED:
6/9/99 Conditional Use Permit 97-012, If rights not exercised (within Costal
Zone 18 month term)
LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATE BY ZONING
ADMINISTRATOR:
6 Months Conditional Use Permit 97-012
Any request for an extension of the eXpiration date must be received In the City Planning
DIVIsion pnor to eXpIration of thiS permit
CONDITIONAL USE PERMIT FINDINGS
1 The proposed nightclub use IS one conditionally permitted within the subject district
(BSC-1 In the Bayslde District Specific Plan) however, the proposed change from
restaurant to nightclub operations will result In a second late-night entertainment
facility wIthin the 1400 Block of Third street, (a restauranUbar and billiards hall was
approved with dancing/cover charges, Ie Unlghtclub"@ Gotham Hall 1429-1431
Third Street), which would result In an over concentration of such uses In the 1400
block of the Promenade Because the eXisting restaurant IS currently permItted to
be open until 2 am, the proposed change In the hours of alcohol service Will not
change the character of the restaurant
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2 The proposed nightclub use would Impair the Integnty and character of the district
In which It IS to be established or located In that the addition of a sixth nightclub
within a nine block area (an entertainment facIlity which may provide dancing, taped
or live musIc and charge a cover charge) would result In an over concentration of
such faCilities However, the extension of alcohol service hours from 1 am to 1 30
am In the dining room and from midnight to 1 30 am In the bar Will not Impair the
Integnty of the dlstnct In that the extended hours of alcohol service are consistent
with other establishments within the area that are permitted to be open until 2 am
3 The subject parcells phYSically SUitable for the type of land use being proposed In
that It IS a standard parcel with no unusual charactenstlcs and the extended hours
of alcohol service Will not change the character of the eXisting restaurant
4 The proposed extended hours of alcohol service are compatible With any of the land
uses presently on the subject parcel If the present land uses are to remain In that
the present land use IS a restaurant which IS permitted to be open until 2 am dally,
and the service of alcohol until 1 30 am will not change the character of the
establishment
5 The proposed nightclub use would not be compatible With eXIsting and permissible
land uses Within the dlstnct and the general area In which the proposed use IS to
be located, In that the zOning of the site conditionally permits the Issuance of an
alcohol license for food service establishments With alcohol licenses, however, It
IS the City'S Intent to limit such outlets per block and the addition of a Sixth nightclub
venue to the District would overburden the City'S eXisting capabilities to prOVide
adequate publiC safety, zOning enforcement, and nOise protections for the mix of
uses currently eXisting on the Promenade and the residents who live Within the
area The proposed extension of alcohol service hours IS compatible With eXisting
and permissible land uses Within the dlstnct In that the hours are consistent With
other similar uses on the Promenade which are open until 2 am
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 In that the proposed expansion of alcohol service hours to 1 30 am are to an
eXisting facIlity and no additional demand on public utilities and services IS
anticipated
7 Public access to the proposed use shall be adequate In that the restaurant IS
located In the Bayslde District which IS adequately served by eXisting roads, transit
and parking structures
8 The physical location or placement of the use on the site IS not compatible With and
does not relate harmOniously to the surrounding neighborhood In that the addition
of a Sixth nightclub In the Bayslde Dlstnct and a second nightclub on the 1400 block
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of the Promenade would result In an over concentration of such uses In the area
The extension of the alcohol service hours Will relate harmoniously to the
surrounding neighborhood In that the restaurant IS currently permitted to be open
until 2 am and the additional alcohol service hours Will not change the character of
the restaurant
9 The proposed extended hours of alcohol servIce are consistent with the goals,
obJectIves, and poliCies of the General Plan In that the Land Use Element of the
General Plan encourages restaurants and uses that attract nighttime activity
10 The proposed nightclub use would be detrimental to the public health, safety,
convenience, and general welfare In that the proposed mghtclub IS not consistent
With the Bayslde District SpeCific Plan, which encourages a mix of uses Including
restaurants and residential uses whIch serve both reSidents and VISitors, and an
additional nightclub WIth amplified musIc and dancIng Within the 1400 block of Third
Street IS not compatible With residential uses The proposed expansion of alcohol
hours would not be detrimental to the public health, safety, convenience, and
general welfare In that the eXisting restaurant IS permitted to be open until 2 am and
the extension of alcohol hours Will not change the character of the restaurant
11 The proposed use conforms precisely to the applicable performance standards
contained In Subchapter 9 04 12 In that no Performance Standard Permit IS
reqUIred
12 The proposed nightclub use Will result In an over concentratIon of such uses In the
immediate VICInity In that the proposed faCIlity would result In SIX nightclubs In the
Bayslde District and two nightclubs on the Third Street Promenade, which IS
Inconsistent With the City's goal to encourage restaurant uses where the
consumption of food IS the primary activity and alcohol service and entertainment
IS anCillary The proposed extension of the hours of alcohol service Will not result
In an over concentratIon of such uses In that the use IS an eXIsting restaurant which
IS currently permitted to be open until 2 am
CONDITIONS:
1 The restaurant hours of operation shall be limited to 11 00 a m to 200 a m
2 No alcoholIc beverages shall be sold prior to 11 00 a m dally or after 1 30 am
dally
Plans
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3 This approval IS for those plans dated September 21, 1997, a copy of which shall
be maintained In the files of the City Planning DIvIsion Project development shall
be consistent with such plans, except as otherwise specified In these conditions of
approval
4 The Plans shall comply with all other provIsions of Chapter 1, Article IX of the
Municipal Code, (Zoning Ordinance) and all other pertinent ordinances and General
Plan poliCies of the City of Santa MOnica
5 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
6 Construction penod slgnage shall be subject to the approval of the Architectural
ReView Board
7 Plans for final deSign, landscaping, screening, trash enclosures, and slgnage that
differs significantly from that approved for the onglnal bUilding shall be subject to
review and approval by the Architectural ReView Board
Validity of Permits
8 In the event permittee Violates or falls to comply With any conditions of approval of
thiS permit, no further permits, licenses, approvals or certificates of occupancy shall
be Issued until such Violation has been fully remedied
9 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 Conditions of approval and
acknowledging that failure to comply With such conditions shall constitute grounds
for potential revocation of the permit approval By signing same, applicant shall not
thereby waive any legal nghts applicant may possess regarding said conditions
The signed Statement shall be retumed to the Planning DIVISion Failure to comply
With thiS condition shall constitute grounds for potential permit revocation
10 ThiS determination shall not become effectIVe for a penod of fourteen days from the
date of determination or, If appealed, until a final determination IS made on the
appeal Any appeal must be made In the form reqUired by the ZOning Administrator
ALCOHOL OUTLET CONDITIONS
11 A special danCing permit (e g a Temporary Use Permit) shall be obtained for a
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maximum of 12 events per calendar year though the City Planning DIvision The
applicant shall pay the applicable fee for this application for every filing, however
12 calendar events may be filed With one application The application shall Include
an annual tentative dance event schedule Any modificatIons to this schedule must
be reviewed and approved by the Director of Planning and Community
Development and SMPD (Vice DIvIsion) pnor to the dance event for that calendar
year Prior to holding the first dance event, the applicant shall be required to
secure bUilding permits to sound proof the bUilding per the NOise Ordinance
gUidelines (e g upgrade the bUilding With double pane glass window and provide
a double door entrance vestibule and Insulate any common bUilding walls) The
Director of Planning and Community Development shall review and approve said
plans The musIc for the dance events shall be pre-recorded and may be
orchestrated by a disc jockey (OJ) This permit provides for a limited dance venue
In conjunction With the eXisting restaurant alcohol license, therefore the
establishment shall be defined as a restaurant and not be permitted to collect a
cover-charge for operation of the dance venue
12 The latest hour for serving alcoholic beverages In the outdoor dining area shall be
11 30 P m (food service may continue), or no later than the closing of the
associated food service of the establishment, whichever IS first All alcoholic
beverages must be removed from the outdoor dining area no later than 12 00
mIdnight
13 The owner shall control nOIsy patrons leaving the restaurant
14 The premises shall have the capability to serve food to patrons dunng all hours the
establishment IS open for customers
15 The premises shall maintain a kitchen or food-serving area In which a vanety of
food IS prepared and cooed on the premises
16 Seating arrangements for all floor areas shall not exceed 212 seats and the number
of total seats shall not be expanded by more than 10% unless approved by the
Director of Planning
17 Take out service shall be only InCidental to the pnmary Sit-down use
18 No alcoholic beverage shall be sold for consumption beyond the In-door or out-door
premises
19 No live entertainment shall be permitted on the premises
20 Final plans for any changes to extenor design, landscaping, trash enclosures,
and/or slgnage shall be subject to review and approval by the Architectural Review
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Board
21 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
22 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
23 Refuse areas, storage areas, and mechanical equipment shall be screened In
accordance With Sec 9127 J 2-4 (SMMC) Refuse areas shall be of a size adequate
to meet on-site need
24 The operation shall at all times be conducted In a manner not detnmental to
surrounding properties or reSidents by reason of lights, nOise, actiVities, parking,
or other actions
25 No nOise generating compressors or other such equipment shall be placed adjacent
to nelghbonng residential bUildings
26 The conditions of this approval shall supersede all prevIous approvals on this
property including CUP 89-100
VOTE
Ayes Ebner, Feinstein, Genser, Greenberg, Holbrook, O'Connor, Rosenstein
Nays
Abstam
Absent
NOTICE
If this IS a final deCISion not subject to further appeal under the City of Santa MOnica
ComprehenSive Land Use and ZOning Ordinance, the time Within which JudiCial reView of
this deCISion must be sought IS governed by Code of CIVil Procedure Section 10946,
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which provIsion has been adopted by the City pursuant to Municipal Code Section
1 16010
I hereby certify that this Statement of Official Action accurately reflects the final
determination of the City Council of the City of Santa Monica.
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Mana Stewart Date \
City Clerk
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
Pnnt Name and TItle
F \PLAN\SHARE\COUNCIL\STOAS\97CUP012 WPD
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