SR-6-J (26)
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LUTM:PB:DKW:RES:ssmemo:pcword.plan/val Santa Monica, California
Council Mtg: April 13, 1993 !t c;( !
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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
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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.
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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.
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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.
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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
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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:
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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
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