SR-7-A (31)i
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LU3'I~+i: PB: DKW; DM: ccsr92 07 . pcword~.plan
Council Mtg; November iQ, 1992
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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.
~~
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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.
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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.
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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:
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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".
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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
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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
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P L A Z A
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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
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AT~ACHIV.~EN~' C
OC~tJS
1FCTIC~ O! 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.
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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,
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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.
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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
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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
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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.
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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
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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.
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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.
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~ 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
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