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SR-6-K (44) , 6-1::. . LUTM:PB:DKW:SLM/CCMEMO.PCWORD.PLAN Santa Monica, California Council Mtg: December 8, 1992 -...... .... ~ ~~ ~L: ~p ~ . ~>,., ... -..~~ ~~""4- TO: Mayor and city council FROM: city staff SUBJECT: Certification of Statement of Official Action for Appeal of Planning Commission Denial of Conditional Use Permit 92-010, 1333 Third Street Promenade. INTRODUCTION This report transmits for City council certification the statement of Official Action for the appeal of Planning commission's denial of conditional Use Permit 92-010 to allow a Type 41, On-Sale Beer and Wine for Bona Fide pUblic Eating Place, alcohol license for a proposed 2,275 SF, IOO-seat restaurant in an existing 6,570 SF commercial building. The appeal was made by vic Watana, also the applicant. On September 29, 1992, the city council reversed the decision of the Planning Commission and approved the project based on the findings and conditions contained in the attached Statement of Official Action. BUDGET/FINANCIAL IMPACT This recommendation will have no bUdget or financial impact. RECOl1MENDATION It is respectfully recommended that the City Council approve the attached statement of Official Action which contains findings for the approval of Conditional Use Permit 92-010. Prepared by: Paul Berlant, Director of Land Use and Transportation Management ~ Sue Martin, Assistant planner Attachment: A. statement of Official Action dated 09/29/92. ~~ " ~.- . -~~ u ~::'L...-!'i . CITY COUNCIL STATEMENT OF OFFICIAL ACTION PROJECT CASE NUMBER: Conditional Use Permit 92-010 LOCATION: 1333 Third street Promenade APPLICANT & APPELLANT: Vic Watana CASE PLANNER: Susan White, Assistant planner REQUEST: Appeal of a Planning commission Denial of Con- ditional Use Permit 92-010 to allow a Type 41, On-sale Beer and wine for Bona Fide PUblic Eating Place alcohol license for a proposed 2,275 sq.ft., 100 seat restaurant in an exist- ing 6,570 sg.ft. commercial building. CEQA STATUS: Categorically exempt per the City of Santa Monica Guidelines for Implementation of CEQA; 1 (14). CITY COUNCIL ACTION 9/29/92 Date. X Appeal approved based on the following findings and subject to the conditions below. Denied. Other. EFFECTIVE DATE(S) OF ACTION(S): 9/29/92 Case #CUP 92-010 EXPIRATION DATE(S) OF ANY, PERMITS GRANTED: 9/29/93 Case *CUP 92-010 LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATE(S) : Any request for an extension of the expiration date must be received in the Planning and Zoning Division prior to expiration of this permit. 3 months Case #CUP 92-010 - 1 - . CONDITIONAL USE PERMIT FINDINGS 1. The proposed use is one conditionally permitted within the subject district and complies with all of the applicable provisions of the "City of Santa Monica Comprehensive Land Use and Zoning Ordinance" and the Third street Mall Specific Plan, in that sale of alcohol as a complimentary item with meal service for the proposed restaurant should not result in adverse conditions. 2. The proposed use would not impair the integrity and character of the district in which it is to be established or located, in that restaurant uses are encouraged for the C3-C Downtown OVerlay District. The primary use of the 2,275 sq.ft., lOa seat restaurant will be to provide bona fide m.eal service with ancillary alcohol service. The on-site alcohol use should not impair the surrounding district provided that the alcohol use does not become primary in nature and remains ancillary to that of dining. 3. The subject parcel is physically suitable for the type of land use being proposed, in that the proposal is for an existing 6,750 sq. ft . commercial structure on a level parcel. 4. The proposed use is compatible with any of the land uses presently on the subject parcel if the present land uses are to remain, in that the proposal is for an existing 6,750 sq. ft. commercial structure with no alterations to the existing structure. S. The proposed use would be compatible with existing and permissible land uses within the district and the general area in which the proposed use is to be located, in that the proposal is for a permiited 100 seat restaurant within an existing 6,750 sq. ft. commercial structure conforming and on-site sale of alcohol ancillary to the primary use of meals service. 6. There are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety, in that all amenities will be provided on-site for the proposal. 7. Public access to the proposed use will be adequate, in that the proposed restaurant will be adequately served by Municipal Parking structure No. 3 to the east of the parcel. 8. The physical location or placement of the use on the site is compatible with and relates harmoniously to the sur- rounding neighborhood, in that the 100 seat restaurant with a Type 41 On-Sale Beer & Wine for Bona Fide Public Eating Place alcohol license is for an existing commercial - 2 - structure, in that permitted restaurant uses in the C3-C district are encouraged by the General Plan and the Third street Mall Specific Plan and in that the proposed on-sale of alcohol is incidental to that of meal service. 9. The proposed use is consistent with the goals, objectives, and policies of the General Plan, in that uses which pro- mote economic activity, including permitted restaurant uses in the C3-C district, are encouraged by the General Plan and the Third street Mall specific Plan and in that the proposed alcohol use is incidental and ancillary to that of meal service. 10. The proposed use would not be detrimental to the public interest, health, safety, convenience, or general welfare, in that the hours of operation will not exceed 11 a.m. to 12 p.m., Monday through Sunday, no bar area or entertain- ment is proposed and conditions of approval for the al- cohol license would mitigate possible negative impacts on surrounding uses. 1.l. The proposed use conforms precisely to the applicable per- formance standards contained in subchapter 6, Section 9050 and special conditions outlined in subchapter 7, Section 9055 of the City of Santa Monica Comprehensive Land Use and Zoning Ordinance, in that this use is not governed by the applicable chapters. 12. The proposed use will not result in an overconcentration of such uses in the immediate vicinity, in tha t the sale of alcohol will remain ancillary to the primary use of meal service, and in that the project is located in the downtown area characterized by numerous businesses and large numbers of people frequenting the area for services. ALCOHOL OUTLET FINDINGS l. The proposed use and location are in accordance with good zoning practice, in the public interest, and necessary that substantial justice be done in that the proposed restaurant is a permitted use in the C3-C district, and the on-site sale of alcohol is proposed as ancillary to the primary use of meal service. 2. The proposed use will not adversely affect the welfare of neighborhood residents in a significant manner in that alcohol sales will occur in a controlled manner for the proposed 2,275 sq. ft. 100 seat restaurant with no bar area or entertainment and in that conditions of approval will mitigate potential negative impacts. 3 , The proposed use will not contribute to an undue concentration of alcohol outlets in the area in that the proposed restaurant with on-sale of alcohol vlill remain ancillary to the primary use of meal service, and in that the project is located in the downtown area characterized - 3 - . by numerous businesses and large numbers of people frequenting the area for services. 4. The proposed use will not detrimentally affect nearby neighborhoods considering the distance of the alcohol outlet to residential buildings, churches, schools, hospitals, playgrounds, parks, and other existing alcohol outlets in that there is one church located wi thin the 500' site radius and in that the conditions for approval will minimize potential negative effects on such use. 5. The proposed use is compatible with existing and potential uses within the general area in that the proposal is for a permitted 100 seat restaurant within an existing 6,750 sq. ft. commercial structure conforming and on-site sale of alcohol ancillary to the primary use of meals service. 6. Traffic and parking congestion will not result from the proposed use in that the proposed restaurant will be adequately served by Municipal Parking Structure No. 3 to the east of the parcel, as well as other structures. 7. The public health, safety, and general welfare are protected in that hours of operation do not exceed 11 a.m. to 12 p.m., Monday through Sunday, no bar area or entertainment is proposed and conditions of approval for the alcohol license would mitigate possible negative impacts on surrounding uses. 8. No harm to adjacent properties will result in that the proposal is for a 100 seat full-service restaurant in an existing commercial structure with on-sale of alcohol proposed as ancillary to the primary use of meal service and in that conditions of approval will mitigate potential negative impacts on adjacent properties. 9. The proposed use is consistent with the objectives of the General Plan and the Third Street Mall Specific Plan in that uses which promote economic activity, inClUding permitted restaurant uses in the C3-C district, are encouraged by the General Plan and the Third Street Mall Specific Plan and in that the proposed alcohol use is incidental and ancillary to that of meal service. ALCOHOL OUTLET CONDITIONS 1. The owner shall prohibit loitering and shall control noisy patrons leaving the restaurant. 2. The primary use of the premises shall be for sit-down meal service to patrons. Alcohol shall not be served to persons except those intending to purchase meals. 3. The premises shall maintain a kitchen or food-serving area in which a variety of food is prepared and cooked on the premises. - 4 - 4. The premises shall serve food to patrons during all hours the establishment is open for customers. 5. seating arrangements for sit-down patrons shall not exceed 100 seats, consisting of eighty interior seats and twenty outdoor courtyard seats. 6. Take out service shall be only incidental to the primary sit-down use. 7. No alcoholic beverage shall be sold for consumption beyond the premises. 8. No dancing or live entertainment shall be permitted on the premises. 9. The primary use of the outdoor dining area shall be for seated meals service. Patrons who are standing in the outdoor seating area shall not be served. 10. Permitted hours shall be 11 a.m. to 12 p.m. Monday through Sunday. No "after hours 11 operations shall be permitted. Alcohol service to any outdoor seating area adjacent to a public street or sidewalk shall cease one hour in advance of the operating hours otherwise permitted. II. No expansion in number of seats, intensity of operation, or outdoor areas shall occur without prior approval from the City of Santa Monica and state ABC. 12. Prior to issuance of a Certificate of Occupancy, or a business license, as applicable, a security plan shall be submitted to the Chief of Police for review and approval. The plan shall address both physical and operational security issues. 13. Prior to issuance of a Certificate of Occupancy, or a business license, as applicable, the operator shall submit a plan for approval by the Director of Planning regarding employee alcohol awareness training programs and policies. The plan shall outline a mandatory alcohol awareness training program for all employees having contact with the public and shall state management's policies addressing alcohol consumption and inebriation. The operator shall provide City with an annual compliance report regarding compliance with this condition. This project shall be subject to any future City-wide alcohol awareness training program condition affecting similar establishments. The plan shall also set forth a "designated driver" program, which shall be offered by the operator of the establishment to patrons. 14. Final plans for any changes to exterior design, landscaping, trash enclosures, and/or signage shall be subject to review and approval by the Architectural Review Board. - 5 - . 15. Final plans for outdoor seating shall be subject to approval of the Bayside District Corporation, General Services Department, Resource Management Department and the Architectural Review Board. 16. Minor amendments to the plans shall be subject to approval by the Director of Planning. An increase of more than lOt of the square footage or a significant change in the approved concept shall be subject to Planning Commission Review. Construction shall be in substantial conformance with the plans submitted or as modified by the Planning commission, Architectural Review Board, or Director of Planning. 17. The applicant shall comply with all legal requirements regarding provisions for the disabled, including those set forth in the California Administrative Code, Title 24, Part 2. 18. Refuse areas, storage areas, and mechanical equipment shall be screened in accordance with Sec. 9127J.2-4 (SMMC). Refuse areas shall be of a size adequate to meet on-site need. 19. The operation shall at all times be conducted in a manner not detrimental to surrounding properties or residents by reason of lights, noise, activities, parking, or other actions. 20. No noise generating compressors or other such equipment shall be placed adjacent to neighboring residential buildings. 21. Alcohol shall not be served in any disposable container such as disposable plastic or paper cups. 22. No video or other amusement games shall be permitted on the premises. 23. Within thirty (30) days from date of approval (if approved) the applicant shall provide a copy of the statement of Official Action for this approval to the local office of the state Alcoholic Beverage Control department. 24. This permit shall expire one year from the effective date of approval unless required ABC permits are obtained. One ninety (90) day extension of the one year period may be permitted if approved by the Director of Planning. Applicant is on notice that an extension may not be granted if development standards relevant to the project have changed since project approval. 25. Applicant is on notice that all temporary signage is subject to the restrictions of the City sign ordinance. - 6 - . . 26. Any new restaurant at the site with fewer than 50 seats capacity shall install a grease interceptor with minimum 750 gallons static holding capacity in order to pretreat sewered grease. Facilities with greater than 50 seats are required to install an interceptor with 1000 gallons mini- mum holding capacity. The General Services Department may modify the above requirements only for good cause. Specifically, the facility must demonstrate to the satis- faction of the Industrial Waste section and Building and Safety Division that interceptor installation is not feasible at the site in question. In such cases where modifications are granted, grease traps will be required in the place of an interceptor. Building Permit plans shall show the required installation. 27. The operation shall offer non-alcoholic beer and non- alcoholic wine along with other beverages. VOTE Ayes: Abdo , Genser, Katz, Olsen, Vazquez, Zane Nays: Abstain: Absent: Holbrook NOTICE If this is a final decision not subject to further appeal under the city of Santa Monica Comprehensive Land Use and Zoning Or- dinance, the time within which judicial review of this decision must be sought is governed by Code of civil Procedure Section 1094.6, which provision has been adopted by the City pursuant to Municipal Code Section 1400. 7 hereby certify ~hat this statement of Ofticial Action accurate- ly reflects the final determination of the Planning commission of the city of Santa Monica. A~f /J~_ /:l-/~,/;J.. '1fignature . I date Clarice D~khouse, city Clerk Please Pr1nt Name and Title - 7 - ~ . I hereby agree to the above conditions of approval and acknowledge that failure to comply with such conditions shall constitute grounds for potential revocation of the permit approval. Applicant's Signature Print Name and Title PC/STWTNA SMW - 8 -