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SR-6-J (26) 6.,j LUTM:PB:DKW:RES:ssmemo:pcword.plan/val Santa Monica, California Council Mtg: April 13, 1993 !t c;( ! ,. . i-l. -. ..L. , " TO: Mayor and City council FROM: city Staff SUBJECT: Approval of Statement of Official Action for Conditional Use Permit 92-041 requesting a Type 47 alcohol license in conjunction with a 246 seat restaurant at 1245 Third Street Promenade. Applicant/ Appellant: Hamburger Hamlet of Santa Monica, Inc. INTRODUCTION This report transmits for Council approval the statement of Official Action for conditional Use Permit 92-041. The Council considered an appeal of the Planning Commission's action on the proposed restaurant and liquor license at the Council hearing of February 16, 1993. The council approved the project with the findings and conditions in the attached statement of Official Action. BUDGET/FINANCIAL IMPACT The recommendation presented in this report does not have a budget or financial impact. RECOMMENDATION It is respectfully recommended that the statement of Official Action be approved as submitted. Prepared by: D. Kenyon Webster, Planning Manager Gina Szilak, Assistant Planner PC/ ssmemo 6 -1 O3/la/93 - 1 - , , .... ~ J. J j,jjJ CITY COONCIL STATEMENT OF OFFICIAL ACTION PROJECT NUMBER: Conditional Use Permit 92-041 LOCATION: 1245 3rd street APPLICANT: Hamburger Hamlet of Santa Monica, Inc. CASE PLANNER: Gina Szilak REQUEST: Type 47 (On-Sale General) alcohol license in conjunction with a 246 seat restaurant. CITY COUNCIL ACTION 2/16/93 Date. XX Approved based on the following findings and subject to the conditions below. Denied. Other. EFFECTIVE DATE(S) OF ACTION(S): 3 months Case # CUP 92-041 EXPIRATION DATE(S) OF ANY PERMITS GRANTED: 2/16/94 Case # CUP 92-041 LENGTH IN MONTHS OF ANY POSSIBLE EXTENSION OF EXPIRATION DATE(S) Any request for an extension of the expiration date must be received in the Planning and Zoning Division prior to expiration of this permit. 5/16/94 Case # CUP 92-041 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 an alcohol license in conjunction with a food service is conditionally permitted in the C3C district of the zoning Ordinance and in Zone 1 of the Third street Mall Specific Plan. - 1 - 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 food uses and alcohol service will be ancillary to the food service function of the establishment. 3. The subject parcel is physically suitable for the type of land use being proposed, in that the parcel is a standard lot with no unusual characteristics. 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 issuance of an alcohol license is compatible with the allowed restaurant 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 permits the issuance of an alcohol license for food service establishments. 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 site is located in an urbanized area adequate- ly served by existing infrastructure. 7. Public access to the proposed use will be adequate, in that parking will be provided in the City parking structures. 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 proposed alcohol license will be for an allowed restaurant which is consis- tent with the C3C district zoning. 9. The proposed use is consistent with the goals, objectives, and policies of the General Plan, in that the Land Use Element of the General Plan encourages restaurant uses on the Third street Promenade. 10. The proposed use would not be detrimental to the public interest, health, safety, convenience, or general welfare, in that the proposed use is consistent with the Zoning Ordinance, the Third street Mall Specific Plan and the Land Use Element of the General Plan. 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 no performance standard per- f mit is required. - 2 - I""ROM =DEP TO: 311215751539 e e 1993.01-1214 1Z19=S8i=lr., 1*835 P.0:2/10 CD ;#' /........i ANN CIBULSKIS AltO MARSHA II.I1IOOII.f J I I I , ZONING Ii II FOR f I; I ~ CHILD ; \1 '\1 \! (I J i ~r-e\ I. ~p!l,f\. . v.,~ C~,\~t." ~. .. " ., Amorlcan Planning Association r....1-,.- J ;... C. n....s Planning Advisory Service .-n Report Number 422 7. The public health, safety, and general welfare are protected in that the project is consistent with the provisions of the zoning Ordinance, the Third street Mall Specific Plan and the Land Use Element of the General Plan. S. No harm to adj acent properties will result in that the conditions of approval will ensure that the establishment operates as a restaurant with no separate bar area or entertainment. 9. The proposed use is consistent with the objectives of the General Plan in that the Land Use Element of the General Plan designates the area as the "Downtown Core" and encourages uses which attract nighttime activity. ALCOHOL OUTLET CONDITIONS 1. The primary use of the premises shall be for sit-down dining for patrons. 2. The premises shall maintain a kitchen or food-serving area in which a variety of food is prepared and cooked on the premises. 3. Food service shall be available during all hours the establishment is open for business. 4. Seating arrangements for sit-down patrons shall not exceed 246 seats. 5. No alcoholic beverage shall be sold for consumption beyond the premises. 6. No dancing or live entertainment shall be permitted on the premises. 7. The primary use of the outdoor dining area shall be for seated food service. 8. Permitted hours of alcohol service shall be 9:00 A.M. to 1:00 A.M. Sunday through Thursday, and 9:00 A.M. to 2:00 A.M. Friday and Saturday. Alcohol service in any outdoor seating area shall cease one hour in advance of the operating hours otherwise permitted. 9. Final plans for the outdoor seating area shall be SUbject to approval of the Bayside District Corporation, General services Department, Economic Development Division, and the Architectural Review Board. 10. Except for special events, alcohol shall not be sold in any disposable container such as disposable plastic or paper cup. - 4 - ll. No more than three video or other amusement games shall be permitted on the premises. 12. No more than 35% of total gross revenues per year shall be from alcohol sales. The operator shall maintain records of gross revenue sources which shall be available to the city of Santa Monica and the state ABC upon request. 1.3. For any minimum purchase per patron, establishments shall permit the minimum to be satisfied with the purchase of food, as well as alcoholic and non-alcoholic beverages. 14. Owners of the establishment shall prohibit loitering in the i1l\ltlediate vicinity and shall control noisy patrons leaving the establishment. 15. No expansion in number of seats, intensity of operation, or outdoor areas shall occur without prior approval from the city of Santa Monica and state ABC. 16. Prior to issuance of a alcohol license from the ABC, the operator shall submit a plan for approval by the Director of Planning regarding employee alcohol awareness training programs and policies. The plan shall outline a mandatory alcohol awareness training program for all employees having contact with the pUblic and shall state management's policies addressing alcohol consumption and inebriation. The operator shall provide City with an annual compliance report regarding compliance with this condition. This project shall be subject to any future City-wide alcohol awareness training program condition affecting similar establishments. The plan shall also set forth a "designated driver" program, which shall be offered by the operator of the establishment to patrons. 1.7. Prior to issuance of a certificate of occupancy, or a business license, as applicable, the applicant shall submit a security plan to the Chief of Police for review and approval. The plan shall address both physical and operational security issues. 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. 1.9. Minor amendments to the plans shall be subject to approval by the Director of Planning. An increase of more than 1.0% of the square footage 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. 20. The applicant shall comply with all legal requirements regarding provisions for the disabled, including those set - 5 - 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. 9l27J.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. Within thirty (30) days from date of approval (if approved) the applicant shall provide a copy of the Sta tement of Official Action for this approval to the local office of the state Alcoholic Beverage Control department. 25. This permit shall expire one year from the effective date of approval unless required ABC permits are obtained and the alcohol permit is being utilized. One ninety (90) day extension of the one year period may be permitted if approved by the Director of Planning. Applicant is on notice that an extension may not be granted if development standards relevant to the project have changed since project approval. 26. Applicant is on notice that all temporary signage is subject to the restrictions of the City sign ordinance. 27. The restaurant shall install an interceptor with 1000 gal- lons minimum holding capacity. The General Services De- partment may modify the above requirements only for good cause. Specifically, the facility must demonstrate to the satisfaction of the Industrial Waste Section and Building and Safety Division that interceptor installation is not feasible at the site in question. VOTE Ayes: Abdo, Greenberg, Holbrook, Rosenstein Nays: Genser, Olsen, Vazquez Abstain: Absent: - 6 - 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. 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. (lhAL~_ c!f)~b~ U) /f-c??-9$ signature cf' r7- date Clarice E. Dykhouse, city Clerk Please Print Name and Title I hereby agree to the above conditions of approval and acknowledge that failure to comply with such concli tions shall constitute grounds for potential revocation o~ the permit approval. Applicant's Signature Print Name and Title PCjs92041. DKW:bz - 7 -