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SR-7-A (31)i ~ LU3'I~+i: PB: DKW; DM: ccsr92 07 . pcword~.plan Council Mtg; November iQ, 1992 ~~~~ : ~ .~~; Santa Manica, Califarnia" ' - TO: Mayor and City Council FROM: City Staff SUBJECT: Appeal of Conditiona~ Use Per~ait 92-007 to A11ow the Issuance of Six Type-41 (Dn-Sale Beer and Wine} Alcahol Licenses for an Eight-Tenant Food Court at 1315 3rd Street Pro3menade . App~icant: Christian Title Appellant: Trisha Roth INTRODUCTI~N This raport recommends that the City Cauncil deny the appeal and uphold the Planning Commission approval of the Conditional use Permit. BACKGROUND In Novem}aer 1989, the Zoning Adm~nistrator granted an Administra-- tive Approval ta allow the construction of the Criterion TheatrE PZaza, a five-story, 23,600 square foot mixed use building with approximate~y 9,600 square feet of restaurant space on the first and second floors, and approximately 14,00~ square f~et of office and studio space an the third, four~.h and fifth floors, The lay- out of the restaurant space is designed in a food court con- figuration w~th eight separate tenant spaces and a common seating area. The Administrative Approval was to al~ow the construction of the project and the restaurant uses, but did not pErmit the issuance vf alcohol licenses for the restaurants. ~~ - 1 - ~r~~r .u~r ~[` . - .. .A Lr _ '~:_ In July ~992 the Planning Commission approved a Conditional Use Parmit to allow the sale and consumption of alcoho~ in the food court. The Co~ission granted a total of seven Conditional Use Perm~ts; one to allow the consumption of alcohol in the common seating area and six to allow the sale of alcohal in six o~ the eigh~ foQd court spaces. All seven of the Canditianal Use Per- mits were issued to the building owner, who will be responsible for the cammon seating area, as wel~. as the leasing of the food court spaces. This arrangement was recommended by the City At- torney's office. The Planning Commissian approved the project by a vote of five to two. The two Commissioners who voted against the project expressed a concern abaut the aver-concentration of alcohol outlets .in the downtown area. On July 29, 1992 the ap- proval was appealed by Trisha Roth. Project Design The faod court will consist of eight tenant spaces and 400 seats in a firs~ and second floar common seating area. As proposed, six of the eight tenant spaces would obtain a Type-41 alcahol license. The mix of tenants would be as follows: First Level Space "A" - Mesquite Bar-B-Que Grillery (AlcohoZ License) Space "B" - Baja Bud's M~xican Food (Alcohol License) Space "C" - Lisa's Cookies & Yogurt (No Alcohol) Space "D" - Mon-kee's Chinese Food (Aicohol License) Space "E" - La Mocha Gourmet Coffees & Tea~ (No Alcohol) _ 2 ~ Second Level Space "F" - Daily Grill (Alcahol License) Space "G" - Un-leased (Alcohal License) Space "H" - Un-leased (Alcohfll License) While spaces "G" and "H" are not yet leased, the applicant is requasting that the tenants of the two urt-leased spacas be able to abtain an alcohol license. In previous meetings with the applicant, staff expressed concern about the food court concept of the project in relati~n to tha ability of the alcohol servers to monitor customers after they purchase a].cohol from an individuai restau~ant tenant and then take a seat in the common seating area. In response, the appli- cant has statad in the attached 1.etter {Attachment A), that there will be }aus people and flaor managers located throughout ~he s~ating area who will monitor custamers in re~atian to alcohol consumption. Staft also informed the appZicant that alcohol consumption at tables locat~d along the public passageway cauld pose a problem in re~ation to people passing through the area. The applicant has proposed tha installation of 42" high barrier rails adjacent to each passageway table in order to address th~s patentia~ prob- lem. The Planning Commission approval allows alcohol consumptian along the public passageway, as lang as the barrier rails as pro- posed by the applicant are installed. - 3 -- N~ither of the two existing food courts located in the downtown area (Eatz at 5anta Monica Place and Galieria Gourmet at 1437 3rd Street Pramenade) have alcohol licenses. However, beer and wine is s~rved at other tood courts in the Los Angeles area. As nated in the applicant's letter, beer and wine is avaiiable in tha food court at Westside Pavilion and at Farn~er's Market at Third Street and Fairfax in Los Angeles. The applicant has stated that the serving of beer and wine at these locations has not resulted in any problems. Staff contacted the management affice af the West- side Pavi~ion was told that the management was not aware of any problems that have resulted from the sale of beer and wine in tha food court area. The appZicant has stated that small percentage of the gross The Planning Commission approv that no more than 35~ of gross alcahal sales. The applicant approva~. a~cohol typically accounts for a revenue for food court tenants. ed the project with a candition revenues from each tenant be from has agreed ta this condition of In response ta a request for comments from the Police Department about the outlet, a representat.i.ve stated that the data the Police Department has gathe~ed does nat lead to a negative racom- mendation and the department daes not have specific camments about this particular application. Further, although the depart- ~ent has concerns about the number af alcohol outJ.ets in the Promenade area, it recagnizes that the Council has addressed this issue by adopting a maratorium on additional outlets in the Bay- side District. - 4 - Parking The Zoning Ordinance parking requirements ~or the restaurant uses would normally be 128 spaces, based on a ratio of one parking space for every 75 square feet of floar area. However, the praj- ect is Zocated in the Downtown Parking Assessment District and is not required to provide parking. According to the Parking Demand Analysis for the Third Street Promenade/Bayside District prepared by Kaku Associates in May 1991, at that time, the six City park- ing structures were operating at a weekday peak of 60~ occupancy, resuZting in a surplus af i252 parking spaces, and a weekend peak occupancy of 61~, resulting in a surplus of 1228 parking ~paces. Based an the surplus of available parking in the structures, the facility is not expected to result in a shortage of parking. Furthermore, the types of sstablishments planned for the food caurt are not intended to be destination points, but are more likely to be utilized by office workers, theatre patrons, and other people who are already in the area. Alcohol License Within a 5Qd' radius of the site, thare are six Type-41 (on-sale beer and wine For public eating place) alcohol Iicenses, ten Type-47 (on-sale general for public eating place) alcahol licen- ses, and one Type-48 (on-sale general f~r public pr~mis~s) al- cohol license. These include the following: - 5 - Type-41 (On-Sale Beer and Wine for Public Eatinq Place) Pizza Contorni Taka Sushi Cibo Gaucho Grill Bravo Cucina Papa George's Vic's Restaurant Early Warld (17~ seats) (58 seats) (50 seats) (82 seats) (8o seats) (50 seats) (99 seats) (75 seats) 1333 1345 1246 1251 1319 1321 1333 401 2nd 2nd 3rd 3rd 3rd 3rd 3rd Sant~ Street Street Street Street Street Street Street ~ Monica Blvd. Type-47 (On-Sale Genera3. far Public Eating Place) 3rd Street Pub (105 seats) 124d 3rd S~reet Legend's (300 seats) 1311 3rd Street Teaser's (15~ seats) 1351 3rd Street Triiussa (360 seats} ].36Q 3rd Street King George (117 seats} 30]. Santa Monica Blvd, Amazan Grill (49 seats} 307 Santa Monica Blvd. Jazz Club (393 seats) 309 Santa Monica Blvd. (Nat dpen) Tony Roma's (105 seats) 319 Santa Monica Blvd. Type-48 (On-Sale Genera~ for Pu~lic Prem~ses) The Imprav (875 seats) 321 Santa Monica Blvd. According to the 1990 Census~ there is a residential populatian of 185 people within a 500' radius of the site. _ g ~ Bayside District Specific Plan Updat~ In June 1992, the Planning Commissian made recomaaendations to the City Council on the update to the Bayside District 5pecific Plan. The Cammission's comments included a recommendation that, with the exceptian of four pending applicativns, there be no more al- cohol outlets approved in the Bayside District Speaific Plan area. The Conditional Use Permit for the Criterion Theater Plaza foad caurt was one of the pending appZications that the Planning Commission Exempted from their recommendatian. As stated pre- viously, in July 1992 the Flanning Commission appraved a Cond~- tional Use Permit for the food court alcohol licenses. On September 15, 1992, the City Council adopted an emergency or- dinance (Ordinanoe 1644 (CCS)) eatablishing a limit on the number of alcohol and food serving estab~ishments in the Bayside Dis- trict. The Council's limit allowed for twa additional outlets in the 1300 block of the Promenade. On September 29, ~992 the Coun- ci~ approved a Conditional Use Permit for Vic's Restaurant at 1333 3rd Street Promenade. The approval of Vic's left one avaii- able outlet in the 1300 block of ~he Promanade. The remaining available outlet has been intended for the subject application. In terms of the Planning Commission and City Council discussion, even though the propased project inc~udes six alcohol ~icenses and seven Conditional Use Permits, it is cansidered one alaohol "outlet". - 7 - Appeal The appellant filed the appeal of the P~anning Cammission approv- al based on several concerns relating to the sale and consumption of alcahol. As stated in the a~tached appeal form dated 07/29/92 (Attachment B), the appellant has raised concerns about what she feels is an over-concentration of alcohol outlets in the area, the lack of local palice and ABC enforcement personnel, a failure to enforce heaZth code warnings, the high cost of alcaho2 versus the financia~ benefit to the community, sales of alcohal to minars and patential increased gang activity. The City Council has addressed the over-concentration issue in the downtown area by establishing a~imit on the total number of alcahol outlets. The appellant has raised several issues relat- ing to enforcement and health iss~es, but it is not clear from the information submitted by the appellant how the proposed licenses will result in increased enforcement prablems or health risks. The proposed alcohol licenses will be for a food court where the service of alcohol wi~l b~ ancillary ta the primary use of the premises as a food serving facility. The Planning Commis- sion approved the project with several conditions which wil~ en- sure that the pro~ ect wil l be compatible with the existing uses in the surrounding area. Canclusion The issuance af type-41 alcahol licenses for the food court ten- ants complies with the provisions of the Zoning Ordinance, the _ g _ existing Third Street Mall Specific Plan, the proposed Bayside District Specific Plan and Ordinance ~644. Adequate parking is ava3lable in the City parking structures. With the recommended condi~ians of appraval, the use will be compatible and will cam- pliment existing uses in the Bayside District. PUBLIC NOTIFICATION Pursuant to Municipal Code Section 9130.8, within 3D days after the subject application was deemed complete, th~ applicant pasted a sign on the prflperty as required. In addition, pursuant to Municipa], Code Section 913~.5, notice of the public hearinq was mailed to al1 ownars and residentia~ and commercial tenants of property located within a 500 foot radius of the project at least ten consecutive calendar days prior ta the hearing. A copy of the notice is contained in Attachment C. BUDGET~FINANCIAL IMPACT The recommendation presented in this report does not have any budget or fiscal impact. RECaMMENDATION It is respectfully recammended that the Cnuncil deny the appea~ and uphnld the Planning Commission approval of Conditional Use Permit 92-007 with the findings and conditions contained in the Planning Commission Statements a~ Official Action (Attachments D and E ) . Prepared by: D. Kenyon Webster, Planning Manager David Martin, Associate Planner -- 9 - Planning Division Land Use and Transpartatian Management Department Attachm~nts: A. Letter fro~ app~ieant B. Appeal form dated 07/29/92 C. Notice of Public Hearing D. Statement of Official Action for CUP 92-007 E. Statement of Official Actian for CUP 92-007a DM PC/CCSR92~7 11/02/92 - 10 - .~~'T'AC~11/IE11T~' A ~, ~ AiT RiON ~ ~~ r i I ~ ~ ~ ~ . P L A Z A ' !I I _ 1316 Tlrrd Su~et S~m~ Manc~ C~IrFor~s ~Ul 7d 213 576 ~766 Mr. David Martin Planning Department Santa Monica, CA 90401 Subject: Criter~on Theater Plaza ~ear David: The research that I have develaped clearly shows that beer and wine have not been a probl~m in es~ablishments which are food operat~ons. This fact is particularly evident where fast food i.s served. Typically, fast faods have gross liquer sales well under fifteen percent. In our case, none of the operators have Iiquer sa~es over tert percent in their other lacations. The aperators who have requested beer and w~,ne at the Criterian Theater P~aza all have beer and wine at the~r other locations, and have not had any prob3ems whatsoever. Baxter Rice, the former dirECtor of Alcohol Beverag~ Control far the state of Califarnia for many years, is advising me on this project. Baxter aqrees with the several investigators with whom I~pake that this project does not present a prablem. A8C in general daes not have problems in this area, and at present daes not have any of its investigati~e staff assigned to food establish~nents. The Westside Pavillion has served beer and wine for some period of time withau~ incident. There is considerable traffic from the theaters, families, children, teens, and faod purchasers at this lacation. Fa~ers' Market at Third Street and Fairfax has a tremendous traffic count, twe].ve entrances, and a confusingly open atmosphere; tourists, fam~lies, ch~~drer~ at~d teerts. It was Che mast unstructured presentat~on I encountered, with na restricti~ns regarding the purchase of foad with aZcoho~. A~cohol accounts for ],ess than five percent of the grass. They have served beer and wine for over five years without citation or incident. In the case of the Criterion Theater Plaza the fal~owing rules w~].1 app].y: 1. Beer or wine will be served only with faod purchase. A food order must be placed for each drink. {Currently, parties of faur ar more sit at L~gends and dr~nk with one order of ~'rench fries.) Our objective is ta sel~ fook qu~ckly and efficiently. 2. All service will be in qlasses. (no bottles) ~~ oaoa~ r`~'~ ~~ Mr, David Martin Paqe 2 3. We are willing to instiall a guard rail. at each tab3e for add~.tional sacur~ty, as shawn on the diagram. 4. All food i.s sexved on china with stainless steel flatware. The dishwashing process req~ires con- si,derable staff far bussing and cleanup, giving us substantial personnel tv watch for prob~.em customers, _ 5. When an ID is required far sameone purchasing w~ne or beer, only one Will be served unless we see the other recipient. We intend to manitor our operation in every way poss~ble ta assure the City and ourselves that no incident will accur. Very truly yours, !~ ~ ~ , ehristian Title Q00~'~ A ~"I'A CI-~MEI\TT B ~oa~~ City af , Santa Monica Cammun~ty and Eoonom~c Deveiopment Department PIanM~ aatd Zonkp t11~a+ iz~s~ a~e-ssa, A~12 - o ~~7 A~PEAL F~R~1 FEE. st 00.00 Da~e F~ed ~~ ~~~~~ W fiace~t No. ~ 1$ ~ ~ ~' 7 ~ ~~s~~~ l~~/~ M ~ , r~~.~ Address ~ ~-~ ~UOie~I~ ,G~-~~v ~Rr ~ ~= ~'1~CI PBl50~ Please de5a~be tl~e pro}ect and dects~ b~e appealed ~ r ~3 ~g-'? 3 rd ~~ ~~~ R ~. 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DEVSLOP}~~T PitOP0811L Tos Coao~ra~Q P~r~ons lron: i'h~ Mty o! Bantia 1[oniaa pubj~ot ot i~arinqs 1lppaal oi CoaditionnY va~ P~rait 92-607 i715 3rd strsat Prouwra8~, C3C ~pplicaatr Chri4tian Titl• 1-pp~llas~t: Trish Roth Bu~~to d~ ]1u4~noia~ P~riiso para uso oon condfcion~s ]1 Public H~riag wili b~ ls~id by ths City Counail an tha lollosrfng raqu~rt: Appaal of Piasu+inq Coami~sion Approv~l o! a Conditiot~ai U~• P~x~it ta allow t.l~o issuanc~ o! :ix Typr ~1 (on-Sal~ es~r i t~ina) aloo~al licons~s to b~ us~d ia conjunc~ion s~ieh an 8-t~nant, 100 •~aE looe~ court. (Plarusar; Devid ~tartin) 'lI![8s TOEBWLY, 1fOV~s-b~s iQ , iff2 !~'! 7t~0 ~.l[. LOCJ-TI~11~ COg11CIL C{~IL&E1t• RODI[ Itai CI'l'Y ~LL li~s ~OtZti BTkSLT~ BJ~I'1'1 1tONIC1 g011 'PO ~O~'P: Tha City oi Santa l[anica ~ncouraqas public co~nt on thi^ and oth~r projict~. You or your r~praaontativs, or any athsr psrsons sa~y coaeet st tht City Counail'r publie hasrisiq, or by rriti~ a l~tit~r. . iwttisra ~hau~d 6~ addr~~a~d tos city conaef2, cie? c1•rt•• atrio~ tss~ l~aia etr~st, 1eoo~ ls! saat~ lloaiew, Calileraia lp4Qi f~7t~ IfilO~11I-'liEE~ i! deafrb, ivzthsr inlox~tion on ae~y sgp2lcatioa ~sy ba obtafnad ls~oa th~ Citp plasu~tsfq Division at tria addr~~^ abov~ or fey ceili=-q (~io) a~a-saai. T~a a~~tinq laaility is handf,ccarpp~d aaa~~sibis. Zr you haw any spocial ~seda such as sign lartgasq~ fnt~rpr~ting, pl~as~ cohtact t3ie OiliC~ o! Chs Disab7ad at (31o)*SB-^87o1. Pursuant to Calilornia Govsrna~t Cod~ B~ction 650~9(b), ii this ~attar is suhsequa~tly challrngad in Court. th~ chall~nga ~uty b~ l~it~d to o~iy tlxoss issu~~ raiaad at t1u Pubiic Hasrinq decoril~ad in this notia~, er in rrrittan corr~apandeaaa d~livrred to the City a! 8anta Monica at, or prior ta, the Pubi~c Hsarinq. a~to ~s un eviw sotrr~ una audsr-Cia pubiica pars ravi~ar spplicacion~s progani~ndo deurrallo ~n Banta fioriica. E~to pu~Qo ser d~ intsr~^ a ust~l. Si dssaaa ~a• inlor~acian, lavor d~ lxamar a 81sa Ganzalea ~n la Divisfon d~ Plaatiiicac~on al nuaaro (310) 158-8341. ~ DCLJ~ ~l .L i~~1 11 Yl ~1 V 1 LJ OCC'~?~ PLANNING C~MMISSION STATEMENT OF OFFICIAL ACTIdN FR4JECT CASE NUMBER; Conditional Use Permit 92-Oa7 LOCATI4N: 1315 3rd Street Promenade APPLICANT: Christian Tit}.e CASE PLANNER: David Martin, Associate Planner ~ ~ REQUEST: To permit the cansumption of beer and wine ir- a 4dQ-seat common seatinq area of a tood caurt with S fast-food tenants at 1315 3rd Street Promenade. CEQA STATUS: The pra~ect is categorically e3cempt par tha City of Santa Mon~ca Guidelines for Implemen- tatian of CEQA, Clasa 1{Z4). PLANNING COMMISSION ACTYON 07115~92 Date. XX Approved based on the follow~ng findings and sub~ect to the conditions below. Denied. ather. EFFECTIVE DATE OF ACTION IF NdT APPEALED: 07/30/92 Case ~CL]P 92-007 ExP~RATI~N DATE ~F ANY PERMITS GRANTED: 07~30f93 Case ~CUP 92-007 LENGTH OF ANY POSSIBLE EXTENSION OF EXP~RATION DATE: Any request for an extension of the expiration date must be r~aeived in the Planning and Zoning Division prior to expiration o~ this perm~t. a7~30~92 Case #CUP 92-007 This CUP is for the property located at 1315 3rd Street Promenade which is ta be developed as an 8-tenant food court with a 400- seat common seating area. six of the 8 tenant areas, deeignated A, B, D, F, G, and H on those plans dated 07/15/92, have separate - 1 - ~ oaoo~ CUPs which will a1~ow the issuance o~ Type-4~ (On-SaZe Beer and Wine) alcahol licenses for those areas. Thage CUPs are desig- nated CUP 92-D~7a, CUP 92-007b, CUP 92-007d, CUP 92-007f, CUP 92- Q07g, and CUP 92-007h. This CUP 92-D07 contains the canditians reZated to the common area seating. The follawing findings and conditions are for CUP 92-0~7, for the overall foad court and cozamon seating area: FINDINGS 1. The praposed use is one conditionally permitted within the sub~ect district and complies with all of the applicable provisians vf the "City of Santa Monica Comprehensiv~ Land Use and Zoning Ordinance", in that an alcehol ltcenae in conjunetion with a food service is conditionally permitted in the C3C district of the Zoning ordinance and in ~one 1 of th~ Third Street Mall Specific Plan. 2. The proposed us~ would not impair the integrity and eharacter of the district in which it is to be established or lacated, in that the Third Street Mall Specific Plan encQUrages food uses and alcohol service wil~ be ancillary ta the food service function of the establishment. 3. The sub~ect parcel is phy~ically su~table for the type of land usa being proposed, in that the parcel i~ a standard lot with no unusual characteristicg. 4. The proposed use is compatfbZe w~th any of the ~and uses presently on the aub~ect parcel if the present land uses are to remain, in that the issuance of an alcohol l~cense is compatible with the previousiy apgroved food court. 5. The proposed usa wou~.d ~e compatible with existinq and permissible iand uses within the district and the qeneral area in which the proposed use is ta be ~acated, in that the xoning af the site conditional~y permits the i~suance of an alcohol license for food service establishment~. 6. There are adequate provisione for water, ~an~tation, and public utilities and serv~ces to ensure that the propased use would not be detrimental to public health and safety, in that the site is located ~n an urbanized area adequate- ly served by existing infrastructure. 7. FubZic access ta the proposed use w~ll be adeguate, in that parking will be provided in the City parking structures. 8. The physical location ar placement of the use on the site is compatible w~th and relates harmoniously to the sur- rounding neighbarhood. in that the proposed alcohol licen- ses will be far a previausly approved food court which is conaistent with the C3C district zoning, - 2 - D~a~'J 9. The proposed use is consistent with the goals, ab~ectives, and policies of ths General Plan, in that the Land Use Element of the Gensral Plan encourages restaurant uses on the Third Street Promenade. 10. Tha proposed uae would not be detrimenta~ to the public interest, health, safety, convenience, or general welfare, ~n that the proposed use is cansistent w~th the Zoning Ordinance, the Third street Ma~~ specifi~ Plan ~nd the Land Use Element of the General Plan. 11. The proposed use conforms prec~sely to the applicable per- formance standards contained in Subchapter 6, Section 905o and special conditions outlined in subchapter 7, Section 9055 of the City of Santa Monica Comprehensive Land Vae and Zoning Ordinance, in that no performance gtandard per- mit is required. 12. The proposed use will not result in an overconcentration of such uses in the immediate vicinity, in that the pro- posed alcahol licenae will be for a food court with no bar area or entertainment, cansistent with the goals and ob- jectives of the Third Street Mall Specific Plan and in that the area is in the dawntown portion of Santa l~ionica which ~.s frequented by ~arge n~~m~srs of lacal residents ~s well as office workers, shoppers, movie patrons and visi- tors fram outside the City. Furthermore, this type af autlet has not contributed siqnif3cantly to alcohoi re- lated problems in the downtown area. ALCOHOL QUTLET FINDINGS l. The proposed use and location are in accardance with qood zoning practice, in the public interest, and necessary that substantial just~ce be dane in that the a~cohol licenaes will be for a previously approved food court with no har area or entertainment. 2. The proposed use wi].~ not adverseZy af€ect the welfare of neighborhood residents in a signifiaant manner in that the food court wi1~ be located in a co~~rcial area, away from any major residential uses. 3. The proposed use w~ll not contribute to an undue aancentratian of alcahoi autlets in the area in that food courts with no bar area or entertain~nent are not typically considered to contribute ta ob~ectionable problems associated with alcahol outlets, and in that the area is in the downtown portion of Santa Monica which is frequented by large numbers of local res~dents as we7.1 as office workers, shappers, movie patrons and visitora from outside the area. Furthermore, this type of outlet has not contributed significantly to alcohol related problems in the downtown area. - 3 - oao~;~ 4. The proposed use wi11 not detrimentally affect nearby neighborhoods cong~daring the distance of the a~cohol outlet to residential buildings, churches, schoo3s, hospitals, playgrounds, parks, and other existing alcohol cutlats ~n that the condition~ for approval, such as the require~ent that the establishment operate with no bar area or entertainment, will minimize tha potent~al af~ect on the xesidential uses in the vicinity. 5. The proposed use is compatible with exigting and potential uses with3n the general area in that the food court i~ in a commercial and entertainment district, and a food court with a beer and w~ne license is campatible with permitted uses. b. Traffic and parkinq congestion will not result fram the proposed u~e in that parking for the restaurant is available ~n the City parking structure~. 7. The public health, safety, and generai welfare are protected in that the pro~ect is consistent with the provisiana af the Zcning Ordinance, the Third Streat Mal~ Specific Plan and the L2~nd Use Element of the General Plan. 8. No harm to ad~acent properties will result in that the conditions of approval will ensure that the establish~ent operates as a food court with no bar area or entertaiiunent. 9. The proposed use ~s consistent with the objecti~es of the General Plan in that the Land Use E3ement of the General Plan designates the area as the "Downtown Core" and ~ncourages uses which attract nighttime activity. ALCOHOL OUTLET CONDITIONS l. The primary use of the premises shall be for git-down din~.ng for patrons. . 2. Food service shall be available during all hours the establishment is open for business. 3. Seating arrangements far sit-down patrons shall not exceed 400 seats. 4. No dancing ar ].ive entertainment shall be permitted on the premises. 5. The primary use of the autdoor dining area shall be for seated food consumption. 6. Final p~ans for the outdaor seating area ~hall be s~b~ect to approval of the Bayside D~strict Corporation, General - 4 - aoo 1 i Services Department, Economic Development Division, and the Architectural Review Board. 7. No video ar other amusement games shall be permitted on the premises. 8. owners of the establishment shall prohibit loitering in the immadiate vicinity and shall control noisy patrons leaving the establish~ent. 9. No e~an~ion in nt??~her of seats, intensity ot operation, or outdeor areas sha13 accur without priar approval from the City of Santa Monica and State ABC. lo. Prior to isauance of a CertiPicate 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. 1~. Final plans for any changes to exterior design, ~andscapir~q, trash enclasures, and/or signage shall be subject to review and approval by the Architectural Review Board. 12. Minor amendments to the p3.ans shall be subject to approval by the Directar of Planning. An increase of more than lo$ of the square foota~e or a signi.ficant changa in th~ approved concept sha~l be subject to Planning Cammi,asian Raview. Construction shall be in suhstantial conformance wi,th the plans submitted or as modified by the Planning Commission, Architectural Review eoard, or Director of Planning. Z3. The applicant shall comply with all ~.eqal requirements regarding provisions for the disabled, including those aet forth in the California Administrative Code, Title 24, Part 2. 14. Refuse areas, storage areas, and mechanical equipment ahall be screened ~n accordance with Sea. 9127J.2~4 (SI~C) . Re~use areas shall be of a eize adequate to maet on-site need. 15. The operation shall at all times be aonducted in a manner not detrimen~al to surrounding properties or residents by reasan of light~, noise, activities, parking, or oth~r act~ons. 16. No noise generating compressars or other such equipment sha11 b~ placed ad~acent to neighbarinq residential buildings. ly. Within thirty (30) days from data oP approval (if approvedy the applicant shall provide a copy af the State~ent of Off~cial Action for this appro~a], to the - 5 - ~~~~~ local office of tha State Alcoholic Beverage Cvntrol depart~ent. ~8. This permit shall expire one year from the effect~ve date of approval unlesa at least ane of the required ABC permits for the areas des~gnated in CUP 92-007a, CUP 92-007b, CUP 92-007d, CUP 92-007f, CUP 92-007g, and CUP 92-007h is obtained and the alcohol permit is beinq util~zed. One ninety (90) day extension of the one year period may be permitted i€ approved by th~ Director of Planning. Applicant is on notice that an extension ~ay not be granted if development standard~ relevant to the pro~ect have changed eince praject agpraval. 19. Barrier rails measuring 42" in height shall be insta~led adjacent to each table located in the passageway. 20. If all six Conditional Use Permits designated 92-007a, 92- 007b, 92-007d, 92-p07f, 92-007g and 92'007h have expired, been revoked, ar are no langer in effect, including with- out limitation, purauant ta Section 9049.2 (SMMC}, this Canditional Use Permit shall alsa expire. 21. This approval is for thase p~ans dated 07/~5/92, a copy of which ahall be maintained in the files o~ the City Plan- ning Division. pro~ect development ahall be consistent with such plans, except as otherwiae specified in these conditione of approval. 22. The facility shall insta~~ an interceptar with l~QQ gal- ~ans minimum holdinq capacity. The General Services De- partment may modify the above requirements only for qood cauae. Specifically, the facility must demonstrate to the satisfactian af the Industr~al waste Section and Building and Safety Division that interceptor installation is not feasib~e at the site in question. VOTE Ayes: Gilpin, Mechur, O'Connar, Pyne, Rosenstein Nays: Morales, Polhemus Abstain: Absent: NOTICE If th~.s is a finai decisian not subject the City of Santa Monica Con~prehensive dinance, the time with~n which judicia~ must be sought is governed by Code of 1494.6, which pravision has been adopted Municipal Code S~ction 1400. - 6 - to ~urther appeal under Land Use and Zoning or- review of this decis~an Civil Procedure Sectia~ by the City pursuant to ~~C1~J I hereby certify that this Statement of Ofticial Action accurate- ly refleets the final determination of the Plannfng Commission of the City of Santa Monica. ~ , ~ r ~f`~ ~~ signa~ure~ d te Ra~ph Mechurr Chairperson Plea~se Print Name and Title I hereby agree to the abave conditions acknowledge that failure to comply with such constitute grounds for potential revocatio approval. Applicant's Signature Pr~nt Name and Title PC/ST92007 DM of approval and conditions shall r~ of the permit - 7 - 0~~ ~ ~t A~'T'~C~NI~NT' E ooo~a The following Statement of Official Action for CUP 92-007a is identica~ to the Planning Commission Statements af Official Action for CUP 92-007b, CUP 92-007d, CUP 92-Q07f, CUP 92-007g and CUP 92-007h. Because eaah of the s~atements are identical and in an effort ta conserve paper, a11 six statements were not duplicated. ~ ~O~'~~J FLANNING COMMISSION (~,~ STATEMENT dF OFFICIAL ACTION ~~,1 ~~ PROJECT CASE NUMBER: Conditianal Use Permit 92-007a IACATION: 1315 3rd Street Promenade, Spaee A APPLICANT: Christian Titie CASE PLANNER: Dav~d Martin, Assaciate Planner REQUEST: To permit the issuance of a Type--41 (On-Sale Beer and Wine) alcohol licen~e to be used in conjunctian with a fast-food reataurant la- cated in Space A of the Criterion Theater Pla- za Foad Court at 1315 3rd Street Promenade. CEQA STATUS: The project is categorically exempt per the City of Santa Monica Guide].ines for Imp].emen-- tation af CEQA, Clas~s 1{14). PLANN~NG COMMISSION ACTION 07/15r92 Date. XX Approved based on the following findings and subject to the conditions loelow. Denied. ather. EFFECTIVE DATE OF ACTION IF NQT APPEALED: Q7j30f92 Case #CUP 92-Q07a EXPIRATION DATE OF ANY PERMITS GRANTED: ,07/30~93 Case #CUP 92-007a LENGTH O~` ANY FOSSIBLE EXTENSION OF EXPIRATIaN DATE: Any request for an extension af the expiration date must be received in the planning and zoning Division prior to expiration of this permit. 3 Months Case #CUP 92-007a This CUF is for that area designated as Space "A" on those plans dated 07/].5/92, on file with the City Planning Division. - 1 - + ~~~~ i F2NDINGS 1. The proposed use is one conditionally permitted within the aubject district and complies with all of the applicable provisions of the "City of Santa Monica Comprehens~ve Land Use and Zoning Ordinance", in that an alcohol license fn con~unction with a foad sarvice is conditionaliy permitted in the C3C district of the Zoning Ordinanee and in Zone 1 of the Third Street Mall Specific Plan. 2. The proposed use would not impair the integrity and character of the di~trict ~n which it ia to be e~tabZished or located, in that the Third Street Mall Speaific Plan encourages food uses and alcohol service will be ancillary to the faod service function of the establishment. 3. The subject parcel is physically auitable for the type of land use being proposed, in that the parcel is a standard lot with no unusual characteristics. 4. The proposed use i~ compatible with any of the land uses presently on the sub~ect parcel if the present land uses are to remain, in thati the issuance o! an alcohol license is compatible with the previously approved food court. 5. The proposed use wou~d be Eompatible with existing and permissible land uses within the district and the qeneral area in which the propased use is to be lacated, in that the zoning of the site conditionally permits the is~uance cf an alcahal license far faod service establishmenta. b. There are adequate provisions for water, sanitation, and public utilities and services to ensure that the propased use would not be detrimental to public health and safety, in that the site is located in an urbanized area adequate- ly ser~ed by existing infrastructure. 7. Pub~ic access to the proposed use will be adequate, in that parking will be pro~ided in the City parking structures. 8. The physical locatian or placement af the use on the site is compatible w~th and relates harmonious3y to the ~ur- rounding neighborhood, in that the proposed alcohol licen- ses will be for a previous~y approved food court wh~ch is consistent with the C3C district zoning. 9. The proposed use is conaistent with the gaals, ob~ectives, and policies of the General Plan, in that the Land Use Element of the General Plan encourageg restaurant useg an the Third Street Promenade. 10. The propased use would not be detrimental to the public interest, health. safety, convenience, or genera3 welfare, in that the propased use is consistent with the Zoning - 2 - ~, 0~~~~, Ordinance, the Third Street Ma~l Specific P~an and the Land Use Element of the General Plan. li. The praposed use conforms precisely to the applicable per- formance ~tandards contained in Subchaptsr 6, Section 9050 and special conditions outlined in Subchapter 7, Section 9055 of the City of Santa Monica Comprehensive Land Use and Zoninq Ordinance, in that na performance standard per- m~t is required. 12. The proposed use w~ll nat result in an overconcentration of such uses in the immediate vioinity, in that the pro- posed alcohoi license w~ll be for a food court with no bar area or entertain3nent, consistent with the goals and ab- jectives of the Third Street Mai~ Specific Plan and in that the area is in the dawntown portion of Santa Manica which is frequented by large numbers of local residents as well as office workers, shoppers, movie patrons and visi- tors from outside the City. Furthermore, this type of outlet has not contributed significantly to alcohol re- Zated problems in the downtown area. ALCOHOL OUTLET FINDINGS 1. The prapased use and location are in accordance with good zoning practice, i.n the public interest, and necessary that substantial ~ustice be done in that the alcohol licenses will be fer a pra~iously approved food court with no bar area or entertainment. 2. The proposed use will not adversely affect the we].fare of neighborhoad residents in a significant ~anner in that the food court will be located in a cammercial area, away from any major residential uses. 3. The groposed use will not contribute to an undue cancentrat~on of alcohal outlets in the area in that food caurts with no bar area or entertainment are nat typically considered to contribute to objectionable prablems assaciated with alcoho~ outlets, and in that the area is in the downtown portion cf Santa Monica which is frequented by large numbers of local residents as well as office workers, shappers, movie patrons and visitors from outside the area. Furthermore, thi~ type of outlet has not contributed significantly to alcohol related problems in the downtown area. 4. The proposed use will not detrimentally affect nearby neighborhoods cansidering the distance of the alcoho~ outlet to residential bui.ldings, churches, schoals, hospitals, playgrounds, parka, and other ex~sting alcohol outlets in that the conditions for appraval, such as the requ~rement that the establishment operate with no bar area or entertainment, will minimize the potential affect on the residentiai uses in the vicinity. - 3 - ~ aoa~~ 5. The proposed use is ca~patible with exieting and potential uses within the general area in that the food caurt is in a cominercia~ and entertainment district, and a food court with a beer and wine Iicense is compatible with permitted uges. 6. Traffic and parking congestion will not result from the proposed use in that parking for the re~taurant is available in the city parking structures. 7. The pulolic health, safety, and general welfare are protected in that the project is consistent with the prauisions of the Z~ning Ordinance, the Third Street Mall Specific Plan and the Land Use Element of the General Plan. 8. No harm to adjacent properties will result in that the conditions af approval wixi ensure that the estabYi~hment operates as a faod court with no 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 CONDITIaNS l. AZcohol shail only be served fn cvn~unction w~.th the purchase of faod. 2, The premises shall maintain a kitchen or food-servfng area in which a variety af food is prepared and aooked on the gremises. 3. Food service sha31 be availab~e during alI hours the establishment is open far business. 4. Na alcoholic beverage shall be sold for consumption beyond the prem~ses. 5. Permitted hours of alcoha~ service shall be 9:00 A.M. te 1:0~ A.M. Sunday throt~qh Thursday, and 9:00 A.M. to 2:~0 A.M. Friday and Saturday. Alcohol service in any outdoor seating ar~a ahall cease one hour in advance of the operatfng hours otherwf.se permitted. 6. Alcohol shall not be sold in any disposable container such as d~sposable plastic or paper cup. 7. No video or other amusement games shall be permitted on the premises. 8. No more than 35$ of tota~ grosa revenues shall be from alcohol sales. The operator of the bus~ness shall ~ 4 - ~ o~~~_; maintain records oF grosa revenue sourca~ which shall be available to the City of Santa Manica and the State ABC upon request. 9. 10. 11. For any minimum purchase per patron, establishments sha~l permit the minimum to be satisfied with the purcha~e of food, as well a~ alcohalic and nan-aZcoholic beverages. Owners of the establishment shall prohihit ~oitering in the ~.mmediate vicinity and shall control naisy patrons leaving the establishment. No expansion in number of seats or intensity af operation shall occur w~,thout prior approval from the City of Santa Monica and State ABC. 12. Prior tfl issuance of an alcohal license from the ABCi the operator shall subm~t a plan for approval by the Director af Planning regarding employee alcohol awareness training pragrams and po~icies. The plan shall outline a mandatory alcohol awareness training program for all employees having contact with the pub~ic and shall state management's policies addressing alcohol consumption and inebriation. The operator shall grovide City with an annual compliance report regarding compliance with this condition. This pro~ect shall be sub~ect ta any future city-wide alcohol awareness traininq program condition affecting similar establishments. The plan shall also set forth a"designated driver" program, which shall be of~ered by the operator of the establi.shment ta patrons. 13. Prior ta issuance of a Certificate of Occupancy, or a business- license, as applicable, the applicant shall submit a security plan ta the Chief af Police for review and approval. The plan sha~l address both physical and aperational security issues. 14. Final plans for any changes to exterior desiqn, landscaping, trash enclasures, and/or signage shall be sul~~ect to review and approval by the Architectural Review Board, 15. Minor amend~ents tc the p~ans shaZl be subject to approval by the Director of Planning. An increase of more than ].0~ of the square footage or a significant change in the approved concept shail be sub~ect to Planning Commission Rev~.ew. Construction sha~l be in substantial conformance with the plans submitted or as mod~ffed by the Planning Co~ission, Architecturai Review Baard, or Director af Planning. 1S. The applicant shall comply with all legal requirements regarding provisions for the disabled, including those eet forth in the California Administrative Code~ Tit~e 24, Part 2. _ g - i DOON~ 17. Refuse areas, storaqe areas, and mechanical equipment sha11 be screened in accordanae with Sec. 9127J.2-4 (S~IC). Refuse areas shall be of a s~ze adequate to meet on-site need. 18. The operation shall at all timas be conducted in a manner not detrimental to surrounding propertieB or residents by reason of lights, noise, activities, parking, ar other actions. 19. No noise generating compressors or othar such equipment shall be placed adjacent to neighbaring residential buildings. 20. Within thirty (30) days from data of approval (if approved) the applicant shall provide a copy of the statement of official Action for thfs approval to the lacal off~ce af the State Alcoholic Beveraqe Control department. 21. This permit shall e~ire one year from the effective date of approval unless required ABC permits are flbtained 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. App~icant ia on not~ce that an extension may not be granted if development standards relevant to the pro~ect have changed ~inae project agproval. 22. Each of the six food court tenant Conditional Use Permits shall be individuall.y revocable, cansistent with Section 4114.7 (SMMC). 23. Any subsequent lessess af the designated property shall be bound to the terms and conditions of the Conditional Use Permit. 24. This appro~al is for those plans dated 07/15/92, a copy of which shal.l be maintained in the files of the City Plan- ning Division. Pro~ect development shall be oonsi~tent with such p].ans. except as otherw~se specified in theBe conditions of approval. VOTEl Ayes: Gilpin, Mechur, O'Connor, Pyne, Rosenstein Nays: Marales, Polhemus Abstain: Absent: NOTICE I~ this ~s a final decision not subject to further app~al under the City of Santa Monica Comprehensive Land Use and Zoning ~r- dfnance, the time within which ~udicial review of this decision - 6 - ~ OOC'~:~ must b~ sought ~s gavernad by Code of Civ~Z Frocedure Sectfon 1094.~, which provision has been adopted by the City pursuant to Municipal Code Sectian 1400. I hereby certify that this Statement of 4fficial Action accurate- ly reflects the final determinat~on of the Planning Commission of the City of Santa Monica. ~ ~ ~/~ 2. signa ure d te` i Ralgh Mechur~ Chairperson Piease Print Name and Tit~.e I hereby agree to the above conditions of approval and acknawledge that Pa~.Zure to comp].y w~th suc~ cond~t~ons sha31 constitute grounds for potential revocation of the permit appraval. Applicant'g Signature Print Name and Title PCf ST92407a DM - 7 - - oo~~~