SR-7-A (28)~~ ~
LUTM:PB:DKW:RES:a92041,pcword
Council Mtg: February 16, i993
TO: Mayor and City Council
FROM: City Staff
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Santa Monica, California
SUBJECT: Appeal of Conditional Use Permit 92-041 requesting a
Type 47 (on-sale general) alcohal license in
conjunction with a 246 seat restaurant at 1245 3rd
5treet.
Applicant/Appellant: Hamburger Ha~let of Santa Monica,
I~c.
TNTRODUCTION
This report recommends that the Council uphold the appeal and
approve Conditional Use Permit 92-041, to allow the issuanca of a
Type 47 (on-sale general) alcahol license in conjunction with a
246 seat restaurant. On December 2, 1992 the pro~ect was
technically denied for lack of four affirmative votes in se~pport
or opposition. Thi6 decision was appealed by the appli.cant,
Hamburger Hamlet of Santa Monica, Inc. The appeal. statement is
contained in Attachment A.
PROJECT DESCRIPTION AND ANALYSIS
Pro~ect Design
The proposed project consists o~ an application for a Type 47
alcohol license to be used in conjunction with a 246 seat
restaurant. The restaurant would include 120 seats in the main
dining area, 76 seats in the "Hamlet Roo~", a 12 seat bar and a
38-seat outdoor dining area. No entertainment is proposed.
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The restaurant will be located in a 7,125 square foot portion of
a building located on the east side of the Third Street
Promenade, with a frontage af 40' an the Pra~enade and 55' on the
rear al~ey. The canfiguration of the restaurant is such that
only a 40' long pnrtion of the building's Promenade frontage is
being utilized, thus leaving ~5' of ~rontage for retail use.
Parking
The project is located in the Downtown Parking Assessment Dis-
trict and is not required to provide parking. Accarding to the
Parking Demand Analysis for the Third Street Promenade/Bayside
District prepared by Kaku Associates in May of 1991, at that
time, the six City parking structures were operating at a weekday
peak of 60~ occupancy, resulting in a surplus of 1,252 parking
spaces, and a weekend peak occupancy of 61~, resulting in a sur-
plus af 1,228 parking spaces. Basad an the surplus of available
parking in the structures, the facility is not expected to result
in a shortage of parking. Furthermore, a port~on af the res-
taurant's customers will b~ affice workers, theatre patrons, and
ather peopZe who are aZready in the area.
Alcohol License
Within a 500' radius of the site, there are seven Type-41 (on-
sale beer and wine for public eating place) alcohol licenses and
eight Type-47 (on-sale general for public eating place) aicohol
license. These include the following:
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Type-41 (On-Sale Bear and Wine for Public Eating Place~
Reei Inn (220 seats) 122Q Third Street Promenade
Earthbeat Bistro (50 seats) 1232 Third Street Promenade
Cibo (49 seats) 1246 Third Street Promenade
Gaucho Grill (84 seats) 1251 Third Street Promenade
Bravo Cucina (80 seats) 1319 Third Street Promenade
Papa George's (50 seats) 1321 Third Street Promenade
Vic's Restaurant (99 seats) 1333 Third Street Promenade
Type-47 (On-Sale General for Public Eating Place)
Eurapa Project
12I2 Third Street
3rd St. Pub and Grill
Legend's
Light House
Loconda Del Lago
Bab Burns
Pentola Traverina
(3fi0 seats)
(270 seats)
(105 seats)
(30o seats)
(90 seats)
(220 seats)
(183 seats)
(145 seats)
iaa~
1212
124Q
1311
241
225
aaa
312
Third Street Promenade
Third Stree~ Pramenade
Third Street Promenade
Third Street Promenade
Arizona Avenue
Arizona Avenue
Wilshire Boulevard
Wilshire Boulevard
In addition to the outlets listed abov~, a Conditional Usa Permit
has been approved to allow the issuance of six Type-41 alcohol
licenses for the Criterian Plaza Faod Court at 1315 Third Street
Promenade.
Palice Department Comments
In response to a request for comments from the Police Department
abaut the proposed outlet, a representative stated that the
Police Department does not hav~ any cancerns about this
application.
Moratorium on Alcohol outlets
In Septeznber, 1992 the Council adopted a 45 day emergency or-
dinance to limit the number of alcohol ~utlets per block in the
Bayside District Specific Plan area. In October, 1992 the Caun-
cil adopted Ordinance 1655 (CCS) extending the emerg~ncy Qr--
dinance for 10 months and 15 days. In most blocks, the Council's
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action restricted the number of outlets to those currently
existing.
However, in an effart to attract people to the north black of the
Promenade and balance the level of activity in the Specific Plan
area, the Counci~ allowed for one additional outlet in the 1200
black af the Promenade, Block #4. A].though the additional outlet
is not specifically targeted for the sub~ect location, the
Council stated that the dut].et should be a maderately priced,
family restaurant. This project, in addition to complying with
the numeriaal limit established by the City Co~ncil, appears to
meet the Cauncil's objectives relative to the type of restaurant
envisianed.
Planning Commission
Planning Commissianer concerns regarding this applicatian
included the num}aer of existing alcohol outlets in the downtown
area and concern that the appraval af an additional outlet was
inappropriate in an area already "over-saturated" with alcoho~
outlets. Con~mission members further stated that, while Hamburger
Hamlet is a reputable operator, the proliferatian of alcohol
outlets in the downtown area is a major land use issue that needs
to be resol~ed by the Council. There was also concern regarding
the approval of a restaurant as large as the Hamburger Hamlet
proposal, given the Council's desire to limit the overall number
o~ restaurant estalalishments in the Bayside District. One member
of the Planning Commission supparted the project based upon the
Council's di~ection in the approval af Ordinance 1655 (CCS) to
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allaw ane more alcohol outlet
consistent with the project.
regarding the land use issues
provided hy the Council and th~
that basis. The Planning
contained in Attachment B.
in this block of a type which was
This Commissioner felt direction
relating to the project had been
~ the project should be approved on
Cammissian m~nute excerpts are
The appellant/applicant has filed an appeal of the Planning
Commission action based upon the August 10, 1992 filing date af
the Conditional Use Permit applicati~n which preceded the Cauncil
discussion on the number of restaurants and alcohol outlets, the
al~owance Council made far one additional alcohol autlet in the
North block of the Pramenade and the direction from Council that
the autlet should be a moderately priced, fa~aily restaurant.
PUBLIC NOTIFICATION
Pursuant to MunicipaZ Code Section 9131..5, notice of the public
hearing was mailed to all owners and residential and commercial
tenants of property located within a 500 foot radius of the
project at ~.east ten consecutive calendar days prior to the
hearing. A copy of the notica is contained in Attachment C. The
applicant was advised to post a notice on the property stating
th~ follawing information: Project case number, brief project
description, name and telephone number of applicant, site
address, date, time and location of public hearing, and the
Planning and Zoning Division phone number.
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CONCLUSION
The issuance of a Type-47 alcohol license for the subject
restaurant complies with the pravisions of the Zoning Ordinance
and the Third Street Mall Speaifia Plan and 4rdinanee 1655 (CCS).
With the recommended conditions af approval, the use will be
compatible with existing uses in the Bayside District.
BUDGETIFINANCIAL IMPACT
The recommendation presented in this report daes nat have any
budget or €iscal impact.
RECOMMENDATION
It is respectfully recommended that the Council uphold the appea~
and approve Conditianal Use Permit 92-041 with the findings and
conditions contained in the Planning Commission staff report
(AttachYaent D} .
Prepared by: D. Kenyon Webster, Planning Manager
Gina 5zilak, Assistant Planner
Planning Division
Land Use and Transportation Management Department
Attachments:
A. Appeal Form Dated 12/7/92
B. Excerpt from P~.anning Commission Minutes for meeting of De~-
cember 2, 1992
C. Notice of Public Hearing
D. Planning Commissian Staff Report
E. Statement of Off~cial Action dated 12/2/92
F. Project P].ans
RES
PC/a92041
02/02/93
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ATTACI-~MEI1~T A
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Santa Monxc~,
. ~ ~r~ and Emr~aRa~ ~.,t.~ Depuan~nc -,~,
Pl~nnl[p Md ZoNtq pfr~ion
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- ~ APPE~IL FOAY
.
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~ Rac~lwd ~y ' ~ ° ~ r
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~ HAMBURGER HAMLET OF SANTA AiON T CA , i NC . ~~~~ f~
~~ ~4~~~ Ma~nolia Blvd.~ S~erman Oaks~ CA 91423 ~ -
~orlbf,tPirtptl Pau]. Brockman, President Pt~~ (S~-g)~~~~7333
Or • Hzchard `t'umpowsky , Agent . ( 818 } 567--4444 ~~ -
PIli11 ~Iipfbl ~11 ~ 111d ~GI~OtI ~ ~ ipp~~d -
App~ication far Cpnd~tianal Use Perrnit to al~oa~ the sale and cans~nption of alcohalic
beverages/ctistlilea~spzrsz.s tor on-site use, ln con,junction urlth r,he sale of food in a
Z46 seat-restau3rant with 7,Y25 square ~e~t of~bui~d~ng, to l~e re-madeled and built.
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Ttie appl~.ca,tlon u~s denied,
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92-041
~~ ~~~~`~1-nira ~tiree~ rromenacte, 5anta -I~on'ica, ~A ~~
~ Hambur~~r Ham~et of Santa bionica,~ Inc.
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OfiQilyllp~r~~ Decerrfber 2nd. ~ 1992
~~ l~enial. ~ -
P10iN~f~1/~p10~kIM/Oli(~~1~f~APAo~I Our app~lca~lon for Cand~tiona.~, Iise Pez~nit was f~led
wZth the City of Santa hionica an August I0, 1992. In Sep~~nbex o~ I992, the CityT Council
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adap~ed a.n ~mergen~y ordinance which l~rnits the rnm~ber o~' alc~hol outlets p~r block ~n
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the ~ropase~l Ba3rslde D~strZCt Specif~ed Plan area. In most blocks, ~he Councll's act~on
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restricted the rnunber of outlets to wha.t curren~l5r e~ists How~ever, in an effort to
att~ract people ~o the Ivarth block o~ the Pro~rtenade and balance the level o~ acta.vit~~ an
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the Spec~fic Plan area, the Councll a~laived for one addit3onal autlet ~n the 1200 Block
o~ ~he Prcxnenade Although the adda.t~onal outle~t ~s not ~~ecifically tax~eted ~ar ~he
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sub,7ect location, th~ C~un~zl stated th~.t thP ~ut~~t sl:~*z?~ ~ a Iijin~iC.ic~.L~iy pr~ced,
famzly restaurant. Hov~~ever, the Gouncil ~va,s a~vare tha~ H~mburger Hamlet u~~,.s appl~%ing'
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far zts ~oca.tion , and Go~ncz~ ~as alsa aware the rec~~ps ent «~ould rrx~st I ike1~.~ 3ae ~he
Hamburger Hamlet.
Hamburger Hamlet wartts to open this restaurant unth a lic~uor license as zt ~a,~ in a12
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o~ ~ts 2Q Southern Califarnia lncations. ~M'e ~ee~. the Hamlet will dra~v othex I~usinesses
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to this locat~on, and ~rreatly benefit the area.
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A T~'ACH~E~T ~
c.~? ~~-~s~1 i
permit the issuance o~ a Type 47 (On-Sale General)
~ alcohol license to be used in con~unction with a
246-seat~ 7r125 aquar~ foot restaurant. (P~anner: D.
Martin}
Follcwing the staff repcrt, Commissioner Poihemus asked
that the Btaff report note that the Police ~epartment
has a continuinq concern about the number of alcohol
outlets in the Third Street Promenade area.
Cammissioner Gilpin com~r-ented that the downtown parking
study being used ~s the Kaku study fram May of ~991.
She asked when this study would ba updated. Staff
stated that it will be update as part of the Master
Environmental Assessment (MEA) next year. Commissioner
Polhemus stated that the parking study was done earlier
in 1991 than May.
The applicant, Paul Brockman, 19653 Nashville Stre~t,
Chatsworth 91311, was present to discuss his proposal.
The following members of the publ3c spoke:
Richard Tumpowsky, 2222 Avenue of the Stars, Los Arigeles
Murray Kalis, 132 Hart Avenue, Santa Monica 90405
Sh~rrod Marshall~ AIA, 8425 W. 3rd Street, Los Angeles
Mr. Brockman spake in relauttal to the public comment.
Chair Mechur closed the public hearing. He thanked
staff far the updated alcohol outiet list for the
Bayside I]istric~. He also commented that several
facilities have not, and may not, open. Staff stated
that the Europa site is still active, as they pulled
building penaits.
Commissioner Po3h~mus asked about the 1212 site. Staff
stat~d that it is presumed to be current, but will be
rechecked. Gommissioner Polhemus also thanked staff for
the new list. ~
Camn~issioner Polhemus made a motion for denial, based on
the continuing concern regarding number vf alaohal
outlets in the downtown area. She expressed the need
for balanced use in the area.
Chair Mechur asked about finding t'or the denia~.
Commissioner Po~hemus asked that the current findings be
reworded to the negative for the denial.
Commissioner Gilpin seconded the motion. She commented
on the dilemma af having reputable operators applying
for alcohol permits in an area over-saturated with
alcohol outlets. She stat~d that this is a~and use
issue and the City Counci.l shou~d resolve this issue.
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Commissianer ~'Connor stated sha will vate against the
motion because she belie~es the City Counc~l has made an
allowance for one more alcohol outlet in this block.
Chair Mechur stated that ~~thaugh the "cul~nary'~ praject
has lapsed, it had obtained a valid State liquar
license. Mr. Berlant stated that there are two issues:
the City CUP and the State Alcohol License. He stated
that onc~ the CUP is approved, then the alcohol license
can be moved to a new location (from "culinary" site to
proposed Hamburger Hamlet s~,te}.
Chair Mechur stated he wou~d support the motion and
expressed h~s agreement with Commissioners Polhemus and
Gilpin. He also expressed surprise at the size the
project being considered, especia3ly cansidering the
City Council action regard~ng restricting the number of
restaurants and alcohol outl~ts on the Promenade. He
stated that the City Council needs to take a stand on
the number of alcohol licenses it will allow in the
area.
The motion was failed by the fallowing vote:
AYES: Gflpin, Mechu~~ Polhemus;
NDES: O'Connor; ABSENT: Morales, Pyne.
Chair Mechur stated that this is a technical denial ~'or
failure to receive four votes either in favor or against '
the pro~ect. He also stated that the applicant can
app~al the Cammission's decision to the City Council
withfn the next 14 days.
Mr. Berlant sta'ted that the City Attorney advises a
second vote should be taken sa as nat to have a
teahnical denial. -~
Commissioner 4~Connor made a motion for approval of the
project.
The motion failed for ].ack of a second. -
Technical Denial.
D. Appea~ of Variance 91-037, A92-024~ ~228 20th Streetr
CP, Applicant/A1ape1].ant; The Lighthouse Churchr Appeal
of Variance which granted a 6'0" h~gh fence within tha
front yard setback, in-lieu of a 3'6" maximum height
~ence. Appellant requests an S~0" high fence within the
front yard setback, {P~.anner; S. Martin)
The applicant was not present when the item was first
ca3~ed and the item was tabled until later in the
meeting.
The project was announced for a second time, and the
applicant was still not present. The Commission maved
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AT~'ACI~MEN~' ~
NOTICE OF DEVELOPMENT PROP08AL
To: Concerned Persons
From: The City af Banta Monica
Subjeat of Hearing: Appeal of Conditional Use Permit 92-041
1245 3rd Street Promenade, C3
Applicant/Appellant: Hamburger Hamlet af
Santa Monica Inc.
A Public Hearing will be held by the City Council on the
faZlowing request:
Appeal of Planning Commission Technical Denial of Conditianal Use
Permit 92-041 to permit the issuance of a Type 47 (On-Sale
General) alcohol license to be used in conjunction with a
246-seat, 7,125 square foot restaurant. (Planner G. Szilak)
TIME:
LOCATION:
HOW TO COMMENT:
TUESDAY, February 9 , 1993 AT 6:30 P,M.
COUNCIL CHAMBER, R~~M 213, CITY HALL
1685 MAIN STREET, SANTA MaNICA
Tha City of Santa Monica encaurages pub~ic comment on this and
oth~r projects. You or your representative, or any other persons
may comment at the City Council's public hearing, or by writing a
letter.
Lett~rs should be addressed to;
M~RE INF4RMATI~N
City Council, City Clerk•s Office
1685 Main Street, Room 102
Santa Moniaa, California 90401
If desired, further information on any applicatian may be
obtained from the City Planning Division at the address above ar
by ca~~ing (3Z0) 458-8341,
The meeting facility is handicapped accessible. If you have any
special needs suah as sign lang~uage ~nterpreting, please contact
the Office af the Disabled at (310)458-8701.
Pursuant to California Go~ern~ent Cade Section 55009(b), if this
matter is subsequently challengad in Court, the challenge may be
limited to only those issues raised at the Public Hearing
described in this notice, or in written correspondence delivered
to the City of Santa Monica at, or prior to, the Public Hearing.
_ ~ _ . ~ ~ F.., _L. ~
Esto es un aviso sobre
applicaciones proponienda
ser de int~res a ust~d.
1lamar a E~sa Gonzalez en
(310) 458-8341.
PCWORD/n92041
APPROVSD AS T4 FaRM:
D. KENYON WEBSTER
Principal FZanner
una audencia publica para revisar
desarrolio en Santa Monica. Esto puedo
Si deseas mas informacion, favor de
~a Division de Plantificacian al numera
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A?~'ACHM~~T' D