SR-6-K (44)
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LUTM:PB:DKW:SLM/CCMEMO.PCWORD.PLAN Santa Monica, California
Council Mtg: December 8, 1992 -...... .... ~
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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. ~~
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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
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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
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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
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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.
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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.
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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.
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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
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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
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