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Council Mtg: April 11, 1995 Santa Manica, Californ~a
APR 1 ~ ~q~
T0: Mayox a~d City Council
FROM. City staff
SUBJECT: Appeal of P~anning Cornrnission Denial of Conditzonal Use
Permit 94-017~ 1233 Third Street Promenade
Applicant: Richard Grossl/Santa Monica Sports Club
Appellant: Richard Grossi/Santa MoniCa Sports Club
INTRODUCTION
This ~eport recomrnends that the City Council deny the appeal and
uphold the Planning Commission's denial of CUP 94-Q1.7 to allow
the establ~shment of a Typ~ 41 (On-Sale Beer and Wine for a Bona
Fide Public Eatir~g Place) alcohol licznse to be issued in
con~unction with an existing cafe/juice bar within a sports club
located on the second floor.
BACKGROUND
Planninq Commission Action
~n Decembex 7, 1994, the Planning Comm~ssion denzed CUP 94-017
based on the recomm~ndation of staff Planning Commissioners
expressed concern r~gardin~ the m~nimal kitchen facilities at the
si~e, the Police Departrnent's recommendation of denial, the
compati~il~.ty of th~ proposed alcohol use with the Th~rd Str2et
Promenade, and the fact tha~. the food use at thp establishment is
lnc3dental to a nealth club. The ~lanning Commission's Statemen~
of Official Action is conta~n~d in A~tachmen~ D.
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Appeal
On Deeember 15, 1994 the applicant appealed the Planning
C~mmisszon`s denial based on the folZawz~g statement
Applzcation was dznied ~or reasons cther than those
dzscussed a~ the pub~ic eo~ment portian af the public
hear~ng. ~he Board [sic] was apparently unaware that
approvals have already bzen issued ~or up to 5 new
restaurants Wlth l~quar permi~s on th~s bl~ck that do nat
yet exist. Th~refore holding this approval for a largPr
applicant in the future makes no sense
Tre Appeal form is contained in Attachment E.
The minutes o~ tha Decem~er 7, 1994 meet~ng of the Planning
Commission indicate that the applicant and four mernbers af the
public spoke regarding the proposed permi~. The reccrd indicates
that pr~o~ to closing the public hearang, ~he Planni~g Commission
questioned thA applicant regarding the operation ard physical
layout of ~he restaurant, ~he manner in wh~ch alcohol would be
served, and the possibilzty of future expansion of food and
alcoho~ service at the street ~evel. Wi~h the exception Qf the
possi~le future expansion, which was no~ a part of the
appiication before the Commission, the concerns expressed by the
Planning Comm~ssion during the public commer_t per~od are
reflected in the Statement of D~ficial Action.
Proposed Pro~ect
Proposed ~s a Type-41 (On-Sale Beer and Wine for a Bona Fide
Public Ea~zng Placey alcohoi Iicense to b~ issued in conjunc~ion
with an existing 9-seat cafe/~uice bar within an existing sports
club. When reviewed by the Planning Commission the existing use
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associated with the proposed alcQhol l~cense included 195 square
feet of szrvice area, 154.5 sq~iare teet of seatzng area, 9 bar
seats, and no waiting area seats. The applzcan4 has s~nce added
a 10-seat, 3-table, 75 square foot seating area ta the existing
facility, and, as shown in the submi~ted plans, he propases to
add an additional 12 seats on an existing secor:d =1oor balcony.
The cafe o~er~tes between the hours of 5 a m and midnight and
the appl~cant propases to sell beer and wine between the hours of
1Z:30 a m. and mzdnight. The estabZish~ent wouZd not have ~ive
entertainment.
The existing ~u~ce bar/cafe is loca~ed within an en~ry area of
the gymnasiam and is open to the gen~ral public. I~ operates as
the ^hird Street Natural Cafe and has a menu of salads,
sandwich~s, burgers, burritos, ~uices, shakes and srnaathies. ~o
s~reet-level signagP ex~s~s for ~he ju~ce bar/~afe, but the
applican~ has indicated that he plans to appiy to the
Architectural Review Board for additional s~gnage at the sit~ to
identify thz ~uice bar/caLe.
Alcohol L~censes In Area
The sub~eC~ property is locat~d within Block 4 of ~he Third
Str~e~ Ma11 SpeciflG Plar_ (and future Bayside Distric~ Specific
Plan; area and is sub~ect to the requirements of Ordinance 1746
(CrS} Pursuant ~o Ordznance 174& (~CS}, ~~~ck 4~s al~owed a
maximum o~ ia "'ype 41 or 'Type 47 al~ahol licenses; a total o~ S
af these licenses are currently be~ng utiZ~zed by other
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establishments. The proposed pro~ect is cansistent with the
parameters established by Ordinance 1746(CCS}.
Police Department Comments
The Police Department reco~mends denial of this application
because the Department deterrnined that the ~itchen faciliti~s
were inadequate ~a accommodate faod sales as the primary use at
the property. The rn~morandum recommending den~al is contained ~n
Attachment F.
Neiqhborhood Compatibility
Two schools exist within a 500~ radius of the pro~ect site
Crossroads Elementary at ~229 4th Street and Weekday Nursery
Schoal at 1248 2nd Street Approximately 39 persons reside
within a 500' radius of the site. ~o placzs of worship ar parks
are located within a 50C' radius.
Conclusion
Plann~ng staff recarnrnends that t~e City Council deny the
applicant's appeal and uphold the Planning Commission's denial.
The pr~mary use of ~he sub~ec~ business ~s a~ealth club rather
than a restaurant, with approxirnately 7,000 square fe~t devoted
to gym uses and appraximately 425 square fee* devoted to food and
beverage s~rvice (~ncluding kitchen area;. If the subject
fac~lity were not in the Bayside District, the original permitted
food us~ wauld have fall~n under the category of incidental food
service rather than restaurant Fur4hErmore, the upsta~rs
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location of the juice bar/cafe is ~ot in keepz~g with the intent
of the Draft Baysi~e Speci~ic Plan ~o pramote a pedestr~an-
f riendly atmosphere
Because of ~he ~imit on the total number of alcohol uses
permitted on each blocx in the Bayside District area, the nature
of each alcohal p~rmit granted is especially iMportant. Given
tre small k~tchen size and the lack of permanent k~tchen fixtures
such as an industr~al stove or oven in tne sub~ect esta~lishrnen~,
the poten~ial exists for creatzng a bar-l~ke environment where
people come to drink alcohol rather than eonsume food or no~-
alcoholic beverages Based an these factors, and the f~ndings
cor_tained below, Planning staff reco~mends that the Council deny
thz appeal.
~UDGET/F~NANCIAL ~MPACT
The recommendation presented zn th~s repor~ do~s not have any
budget or fiscal irnpact
RECOMMENDATION
It is respectfully recommended that the Council deny the appeal
and uphold the Planning Commission's denial of CUP 9a-017 based
on the follow~ng findings:
CONDITIDNAL US~ PERMIT FINDINGS
1 The proposed use is one conditionally permaCCed w~thin the
sub~ect dzstr~ct and com~laes urzth ail of the applicable
prcvisions or the "Czty of Santa Moni~a CoT~p~ehensive Land
Use and Zoning Ordinance", in that an alcoral license in
con~unct~on with a food service ~s conditionally permitted
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in the C3C dzstrict of the Zoning OrdinancE and in the
Third Street Ma~I Specific Plan. However, given the
minimal k~tchen facilities on-sit~ and the inciden~al
nature of the food-serving use relative to the health club
use at the site, a denial of th~ proposed 1~cense is
consistent wi~h SMMC Section 9.04.10.18.010(c), which
states that "approval [shall be] based on the specific
type ot alcohol outlet, ~eighborhood ~ocat~on, and
potential prablems involved."' Specifically, because ot
~he minimal seating and kitchen facilities, the type of
alcohol outlet proposed has the potential ~o be operated
~n a bar-like rnann~r, thereby result~ng ~ n the noise and
disorderly behavior often asscciated with public prernises
Fur~hermore, the establishment as located aiaove the ground
floot in a rnanner which is nat p~des~riar friendly arsd
wrich is inc~nszstent with Land Ilse and Circula4ion
Elern~nt Policy 1 3.4 and Ob~ective 1.4
2 The proposed usz would impair the integrity and character
af ~.he da.strict in which it is to be es~ablished or
located, in that the C3C District and Th~rd S~reet Mall
Specific P~an permit alCOhol uses that are ancillary to
focd ~sses, and the praposed aleohol use would be anczllary
to a health club use to which ~oocl service is incidenta~,
ratnex tha~ ancil~ary to a~or_a fide pating establishment.
3. Th~ propos~d use is not compatible with any of th~ Iand
uses presently on the subject parc~l if th~ present land
uses are ~.o re~r~ain, in that the issuance of a Type 41 (On-
Sale Beer and W~ne for a Bona Fide Public Eat~ng Place)
alcohol license is incampatible with the allowed ~uice b~r
w~th lirnited k~tchen facilities located w~.thin an
approxlr~ate~~r ~, 00~ square foat health c~ub because fooc~
serv~ce is not the primary function of ~he establishment.
4. The nropased use would be incompatible with existing and
permissible land uses wi~hin the district and ~he general
area in wr~.ich the proposed use is to be located, in that
the zoning of the site conditionally per;ni~s the issuance
of an alcohol license for bona fide public eating places,
and the existing approved ]L11C2 bar/ca~e is incid~ntal to
a health club use and does not contain sufficient
facilities ~o ensure that it will be continually utilized
as a bona fide public eating plac~ Furthzrmore, whi~~
Third Street Mall Speci~~c Plan Pol~cy 4 1.5 encourages
the deve~opment of eatin~ and drinking establishments ~c
promote econom~c activity ir the area, the size and
locaLion of the cafe, which may znhibi~ general public
access, and the cafe' s opera+~ion, wi~ich is incidenta~ to
the primary hea~th club establishment, will not serve to
promote ac~ivity in the area.
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5. The physica~ locatzon ar placement of thE ~se on the site
is incnrnpatib~e wsth and re~ates unharmaniously to the
sur~aunding neighlaorhood, ~n that the pxoposed Type 41
alcoho? license is permitted only for a bona f~de public
eating place, and the incidental nature of the food
service relative to ~he health club use le~ds itself to
~he use af ~he alcohol license in a manner similar to a
public prernises, which is associated with alcohol problems
in th~ area an~ far which a licens~ has nct been filed.
6. The proposed use is inconsistent with the goals,
objectives~ and policies of the Genera~ ~lan, in ~hat
Policy 1.2.4 of the Land Use Element of 4he General Plan
states ~hat the City shall "l~mit or contro~ the locatior~
or oth~rwise mz~zgate ~he impact of commerczal uses such
as alCOho1 outlets" city-wide, and the praposed alcohol
out~et has the pote~tial to be utilized as a public
prernises es~abl;shmen~ and that, while Thixd ~~reet Mall
Specific Plan Policy 4 1.5 encourages the developmen~ of
eating and drinking establishments to promote economic
activity ~ r. thz area, the size and location af the cafe,
which may lnhib?t general public access, and the cafe's
operatian, which is incidental to the primary health club
establishrnent, will not szrve to pro-note activity in the
area.
7. The proposed use would be detrirnen~al to ~.he public
interest, healUh, safe~y, canvenience, or g~neral we~fare,
in that the proposed permit would allow alconol service in
a~sociatian with a food ase wh~ch is incidental ta a
health club and would have the potential ~a be utilized as
a publ~.c prernises
8. The praposed use will nct result in an overconcentxation
of such uses in the immediate vicir.i~.y, in that the
propased alcahol license ~s a Type 41 l~cense and one
addational ~'ype ~1 or Type 47 llcen.se ~s permitted witrin
Block 4 of the Third Street Promenade, wnere the propos~d
use is locatecc. However, given the layouL of the proposed
operation and the Zack of szgnificant kztchen faciZities,
the propased use has the potent~al to be operated
e~fectively as a general prem~ses, which is a type cf
ou~le~ that has cor.tributed signif~.cantly ta alcohal
related probierns ~n the area
ALCOHOL OUTLET FINDINGS
~. The proposed use and locatien ls not in accordanc~ with
good zoning practice, is not in the publ-c interest, and
is not necessary that substantial justice be done in tnat
~he a~.coho~ ~lcense wauld. be far a juice bar~cafe ~ha~ is
~ncidental to the prirnary health clu~ use and that a'_cohol
in this type of facility cauld lead ~o a prolife~at=on oi
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alcohol ou~~ets in estab~ishments that are no~ primar~ly
food-serving operations
2 Thz praposed use wouZd adverse~y affect the welfare o~
ne~g~borhood residents in a signi~icant manner in that the
use could bz easily converted from a~ona fide publ~c
eating place to a public prernlses, wh?ch is a type o~
alcohal ou~let assoCiated with alcohol-re?ated problems ~n
the area.
3 The proposzd use will not contribute to an undu~
concentration of alcohol outl~ts in the area in that a
restaurant is not typically considered to contribute to
object~onable problems assoc~ated with alcohal outlets, and
that the area is zn the ~owntown portion o~ Santa Monica
which is frequented by large nurnbers cf lccal residen~s as
well as office work2rs, shoppers, and vis~tors from outside
the a~ea However, given `he size, Iocat~on and Iayou~ o~
the proposed operation and th~ lack of signif-cant kitcher,
facilities, the praposed use has the potential to b~
operated effectively as a g~neral prEmises, which is a typ~
of outlet that has canCribut2d signif~cantly to alcohol
related problems in the ar~a.
4. The proposed use would have a potential to detrimentally
affect r~eazby neighborhoads considex~~g tnz distance of the
alcarol outlet to residential busld~ngs, chuzches, schools,
hosp~~als, playgrounds, parks, and athzr existing alcohol
out~ets in that the proposed facil_~y wou?d have the
poten~ial to be utilized as a publ~c premises and is within
a 500' radius of a privat~ elem~ntary school and a priva~e
preschoal.
5. The proposed use is incompatible with existing and
~otential uses within the general area ir_ that the ~uice
bar/cafe would ~ave tre potential to be effectively
utzliaed as a public prem~ses
6. The public health, safety, and ge~erai welfare are not
protected in that the prapas~d use would al~ow aZcohoZ
service in an estab~ishment Lhat is primarily a health
club.
7 Harm to ad~acent properties could
that, b~cause of the layout and lim:
cantained at the establishmen~, it
adequately candit~on the applscation
would be r,la~ntainzd as a bona
establishment.
potentialiy result in
Lt~d k~tchen faciliLies
would be difficult to
to er_sure that the ~ase
fide public eating
8. The proposed i:.se ~s incansls~ent w~th
General Plar. ~n trat Policy 1,2.4 of
cf the Gen~ral Pla:! states that the
the cb~ectzves af th~
the Land Use Element
City sna'i "limit or
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contral ~he locatzon or ctherwise mitigate the impact of
cammercial uses such as alcohol ou~lets" caty-wide, and the
proposed alcohol cutlet has the potentiai to be utilized 2n
a rnannzr simi~.ar to a pubZic premises, which is a t~rpe of
alcohol use which is associated with alcahol-related
problems in the City
P~epared by: Suzanr.e Frick, Director
D. Kenyon Webster, Planning Manager
Drurnrnond Buc~ley, Planning & Zoning D~vision
Planning and Community Development Department
Attachments:
A.
B.
C
D
E
F
G.
H
General Plan anc~ Municipal Code Conforrr•ance
Public Notzce
Planning Commission
Planning Cammission
Appeal Forrr-
Police Camments
Photographs of Sa4e
Prc~ect Plans
Staff Report
Statement of Official Action
and Surrounding Properties
DB \ f:\plan\share\council~strpt\cupl7cc
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A~'TACHMEN~' A
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21
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A ~"TACHIV~E~' B
~
11~QTICE QF DEVELQPMENT PR4PdSAL
To: Cancerned Persons
From: The Citv of Santa Monica
S~xbject af Hearing: Appeal of Plannmg Commission Denxal of Condrtional Use
Pertnit 94-017. 1233 3rd St.. C3C
Applicant Richard Grossi, Santa Monica Spons Club
Appellant Richard Grossi, Santa Monica Sparts Club
A Public Hearuig «~ill be held by the Cin Council an the followmg request
Appeal of Plamm~g Commission denial of a Conditional U5e Permit to permit the
establishment of a T~~pe 41 (On-Sale Beer and Wme for a Bona Fide Public Eating Place)
alcohol license for an ex~st~ng 9-seat cafel~uice bar withm an existmg sparts club The beer
and «line sen~ice ~~~ould be m a portion of the establishment which is open to the public
{Planner D. Buckley)
TIlVIE: TUESDAY, APRIL 11, 1995 AT 6:30 P.1~7.
LOCATI~N COUNCIL CHAMBER, RQQM 213, CITY HALL
1685 MAIN STREET, SANTA MONICA
HOW TO COMMENT
The City of Santa Manica encourages public comment on this and other pro~ects You or
your representan~re, or any other persons may cornrnent at the Crty Council's public hear~ng,
or by~ writin~ a letter
Lett~rs shouZd be addressed to
MORE INFORMATI4N
City Council, City Clerk's Of~ce
16$S Main Street. Room 102
Santa Momca, Califorma 90401
If desired, further information on any application may be obtained fram the Planning
and Zoning Division at the address above or bti calling (310) 458-8341.
The meeting facility is handicapped access~ble If ~ ou ha~e ant~ special needs such as sign
language interpretmg. please contact the Office of the Disabled at (310)458-5701
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Pursuant to Cal~forma Government Code Section 65009{b}. if this matter is subsequentl}~
ehallenged m Court, the challenge ma~~ be limrted to only those issues raised at the Public
Hearmg described m this not~ce, ar m wrxtten correspandence delivered to the City of Santa
Monica at. or prior to, the Public Hearing
Esto es un aviso sobre una audencia publ~ca para revisar applicac~ones propomendo
desarrollo en Santa Manica Esto puedo ser de mteres a usted Si deseas mas informacion.
favor de llamar a Luuiea Hernandez en la Division de Plant~ficacion al numero {310} 458-
8341
f lplanlsharelcouncillnoticeslcupl7cpn
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AT~'AC~~=~T C