SR-7-D (2)LUTM:PB:DKW:DM:pc/ccsr9215
Council Mtg: Octobez 13, 1992
~~ ~
ac~ i ~~ ~~~~
Santa Monica, California ` '`~
TO: Mayor and City Cauncil
FRQM: City Staff
SUBJECT: Conditional Use Permit 92-015 ta Allow the Operatian of
a"Virtuality" Entertainment Facility ~n Zone 1 of the
Third Street MaIZ Specific Plan.
Applicant: Edisan Brathers Mall Entertainment
Appallant: Mayor Ken Genser
INTRODUCTION
This repgrt recommends that the City Counc~l deny the appeal and
uphald the Planning Commissian's approval of Conditianal Use
Permit 92-015.
BACKGROUND
.
At the Planning Commission meeting of July 1, 1992, the
Commission approved a Conditional Use Pe~-mit to a~low the
opera~ion af a 2,850 s~Zare foot "Virtuality" entertainment
facility in an existing bt~ilding at 135~ Third Street Pron~enade.
The proposed facility will contain up ~o twe~ve virtual rea3.ity
simu~.ators for public use, a small novelty and promota,onal.
counter, and a number of monitors to enable customers waiting to
use the equipment to view the experience of the person us~.ng the
simulator. The Commission appraved the praject by a vote of four
to one, wi'~h twa Commissioners absant. The Commissianer wha
voted agains~ the project expressed cancern a~out the proximity
of the ~aca.lity to nearby alcahol serving establishments and the
~~
- 1 --
~~~ ~ ~ ',"~,~~
patential negative effects a~ vialent simulator games combined
with alcoho~ consumption. Prior to Planning Commission action on
the pro~ect, a letter from the Bayside District Corpara~ion was
submitted to the Com~ission stat~ng ~hat ~he Saysid~ Distriat
Board af Directors had va~ed to recammend approval of the project
(Attachment A).
On July 15, 1992, Mayar Ken Genser appealed the P~anning
Cammissi~n approval of the pro~ect. As stated in the attached
app~al ~orm (Attachment B}, the appellant is ccncerned that the
introductian of "arcade-type" uses to the Third Street Promenade
wil~ impair the integrity and character af the downtown district.
Project Design
The prapased entertainment facility will be located in an
existing one-story building which is ~he for~ner locatian of ~he
Midnight Special Boakstare. Th~ facility wi~l initially inelude
eight Virtuality simulators, a cashier/novelty caunter and a
number af manitor stands. An additional faur simulators may be
added in the future.
The operator of the praposed entertairiment facility will be
Edison Brothers Mall Entertainment. Edison Brothers current~y
opera~e many apparel, entertainmen~, and footware stores in the
Las Angeles area. These inc~ude aak Tree, JW, Wi1d Pair, and
Leeds at Santa Monica Place. The operator has an existing
corporate policy regarding truancy which the firm plans to
- 2 -
implement in the new ~acility (Attachment D). A representative
of the Police Department has said that the Department has na
abjectian to the pr~posed prdject, but would like to Iimit the
hours of operatian ta a 1 A.M. clasing, The applicant has
request~d a 2:30 A,M. clasing. The Police Department has
requested the limited haurs in arder to avoid any proble~ with
people loitering around the area after the near-by restaurants
close. The Planning Cammission approved ~he project with the
conditian that the establishment close by 1 A,M.
Project Relation to Third Street Mall Specific Plan
The projact will be located in Zone I(Mall-Fronting Parcels) of
the Third Street Mall Specific Plan. Indaor entertainment
facilities including theatras, sports facilities, nightclu~s,
cabarets, game and video arcades, and bawling alleys are
pennitted with the app~vval o~ a Conditional Use Permit. The
proposed facility is considered an entertainment use, but is not
considered a video arcade. The use is cansistant with palicies
contained in the Third Str~et Mal~ Specific Plan which encourage
the introduction of en~ertainment uses which serve the needs of
both existing residents living nsar the Promenade and a wide
range of consumers visiting the a~ea. These pol~.ci.es include the
follawing:
4.1.5 Pravide for the devel~pment af new uses which increase the
economic activity af the Third Street Mall, inaluding
retail and specialty cammercial, eating and drinking
- 3 -
estab~ish~ents, ente~tainment facilities (theatres, clubs,
etc.) professianal officas, and hotels.
4.1.I1 Encourage the introduction of uses which would attract
nighttime use of the ma~l, such as movie theatres,
cu~tural performance ha11s, restaurants, and entartainment
facilities.
These palicies encourage the establishment of uses which serve
residents and visitars af Santa Monica and also promate daytime
and nighttima activity on the Promenade.
Emergency Moratorium
On September 15, 1992, the C~ty Cauncil adopted an emergency
ordinance prohibiting game arcades and establishing limitations
on the number af alcohal and food serv~ng establishments in the
Baysid~ District. However, the em~rgency ordinance only appiies
to applications recei~ed after August 11, Z992, and since the
subject applicati~n was fi~ed prior to the deadline and the
~acility is nat considered a game arcade, it is nbt subjeot to
the emergency ordinance.
Parking
The Zoning Ordinance parking requirements for the 2,850 square
faot facility would be 10 spaces~ based on a ratio af 1 spaae for
every 3fl0 square feet oF floor ar~a. Howev~r, the project is
located in the Downtawn Parking Assessment District and is not
required ta pxovide parking. According to the Parking Demand
Analysis for the Third Street Promenade/Bayside District prepared
- 4 -
by xaku Associates in May 1991, at that time, the six City
parking structures w~re vperating at a weekday peak af 60~
occupancy, resulting in a surplus of 1252 parking spaces, and a
weekend peak occupancy of bl~, resulting in a surplus of 1228
parking spaces. Based on the surplus of available parking in the
struc~ures, and the faat that a partion of the ~stablishment's
patrons will walk ta the facility from surraunding parking areas,
restaurants and ather entertainment uses, the faci~ity is not
expected to result in a shortage of parking.
conc~usion
The propased use is conditionally permitted in ~one 1 of the
Third Street Mall Specific Plan. The project is consistent with
several of the policies in th~ Sp~cific Plan which encourage the
introducti~n at uses that accommodate residants and visitors a€
Santa Monica and promote daytime and nighttime activity on the
Promenade. According ta the May 199~ Parking Demand Analysis
prepar~d by Kaku Associates, adequate parking far the use is
available in the City parking structures and throughout the
Bayside District. G~ven the unique type of entertainment
facility and the long-st~nding reputation of the facility
operator, and with th~ recommended conditions of approval, the
proposed use wil~ not impair the integ~ity of the Bayside
District.
Public Notification
Pursuant ta Municipal Code Sec~ian 9~30.8, within 30 days after
the subje~t application was deemed complete, the app~icant posted
- 5 -
a sign on tha property stating the €ollowing information;
Project case numbe~, brief project descript~on, narne and
telephone number of applicant, site address, date, tim~ and
lacation of public hearing, and the Planning and Zoning Division
phane number. It is the applicant's responsibilit~ to update the
hearing date if it is changed af~er posting.
In addition, pursuant to Municipal Code Seat~on 9131.5, notica of
the public hearing was maiied to a~I owners and residential and
commercial tenants of property ~.ocated within a 50p foot radius
of the project at least ten consecutiv~ calendar days prior to
tha hearing. A copy of the notice is contained in Attachmen~ C.
BUDGET/FINANCIAL IMPACT
The recommendation presented in this report does not have any
budget or fiscal impact.
RECOMMENDATIaN
It is respectful.ly recom~ended that tl~e Council deriy the appeal
and uphold the Planning Cvmrnission approval of Conditional use
Permit 92-015 with the findings and canditions cantained in the
Planninq Commi~sion Statement of Official Action (Attach~ent E).
Prepa~ed by: D. Iienyon Webster, Plannir~g Manager
David Martin, Associate P~anner
Planning D~vision
Land LTse and Transportation Management Department
Attachments: A. Letter from ~ayside District Corporation
B. Appeal form dated 07/15f92
C. Public Notice
D. Edison Brathers Corparate Truancy Policy
E. Planning Commission 5tatement o€ Official Action
F. Project Plans
- 6 -
A~'T'ACHIV~ENT A
sAYSro~ a~ss~rcz co~pv~Ttiow
rr;rr.ua~r~aa=r,.tnsia.xrna 1427 Thrd Street Prume~ade Sul~e 2D2
_ Santa Nlonica, Cahfomia 80401-2358
31Q 393-8355 Fax 31Q 458-3g2i
June 30, ~.992
Honorab~e Ralph Mechur
c/o Pau~ Berlant
Planning Can~mission
City of Santa Monica
Ib85 Main Street
Santa Moruca, CA 90401
Re: Virt~ual Reality Cond.i~ional Use Permir
1350 Third Street Pramenade
Dear ~talph:
PZease be advised that tf~e Bays~de DistricC Board af Uirectors voted to
recommend approval of the issuanee of a candi~ional use p~~~~ut ta the
Edison Brothers of St. Louis to open a"Virtual Reality" store in the Bayside
District with the following conditions:
•To allow a wait~ng roo~n size not to exceed 20 people.
•A iimited t~ ~~~ and/or revisit the condit~onal use pernzit in 5 years.
~The store must not have an arcade atmosphere.
•Cond~tional use per~n.it sp~cifi~ ~o ~d.ison Bro~iers ogera~ivn onty.
If you have any questions, piease do not hesitate to call.
Thank you.
Sincerely,
Wend tkoski
Acting F.~cecutive Director
aao~~
ATTACI~M~~1T~' B
Ciry of .
Santa Mon~ca.
" Commwury and Ewnom~c DevatopmeM De~a+tmer~t
Piannir~ and zo~lrr~ avtsian
tz,st a59-asa~
APPEAL FORM C~ Y f~.~l~~`~~ ~~Fl~~
FEE: S7~•~ Da~e Fiied 1 ~~
R~ec~ved~ . ~ ~ c Q ~ ~ ~ ~ {~l~-~
Rece~pt
µ~e iCen Genser ~
~~~ 1685 Main Street, 5anta Monica, CA 9U4o1
ContactPersor~ ~phone {314) 458-$201
P~ease descnbe ~he prqect and deasan b be appealed Approva 1 of CtJP ~or an "Enterta i nment Faci i i ty"
("Virtuality")
Case Number CUP 92-015
p~~ 753t} - 3rd 5treet Nromenad~
q~,~ ~dj son ~rothers Ma I~ tr~tertay nmen[
dnginal heanng ~a~e J u~ y 1, 1992
~ngirtal actbn J u i y i# l yyl
P~ease state the apectRc reason(s} forlhe appea! ~~e i ntroducti on -of arcade-type uses to the
3rd S~reet Promenade w~17 impair the integrity and character of the
downtown d~strict.
R=~ lE ad~oanal spaco ~s needsd. u~ back c~ iarm.
s~ `'~ ~~ ~~ ~ [~~~
, ~
~~~0~
AT~'ACI~E~' C
xarxcs or flavsr.o~rx~rr ~yeopoenx.
- ;
~ ~` ibs Coac~rpsd p~rsobs _ _ ~
tro~r ~u Cit7 oi aanta ~toa3oa _ ~ - ~
_ = ,~ _
snbi~at o! ~~ariuq~ ]~pp~e~ ot Coripitiaral IIsa Pr=ait 97-ois ~ r'
- ~ - _ ~ 17~0 fihird Strw~, Ca - - - ~ ~
, 11,pplicaat~ Virtu~l Raaltty Csntir - ` --- -
- - - _ - ~- -- ,_ ad3~on 8rotaars ~ta13 ~ ,-
- - ~ . ` ,..~ _ Ent~x#airi~~ut - - _-'~ _ _ ~ . ~ ~ ~=
. . ~ - xypeilaint = 1C~n lian~~i' _ ,- _ ~ . - - -
~ - - _ - - . - - ~ ` ,
. sn3ato a~ anasaaf~r 1-~lioacian gara +ur c~tro da ~~cp~r~elcla ~r,.
~_ - ~ ~elidwd rirtual _ - ~ _ . - ',~j
- ~ Aalaiia A,sarizrp rriI.i b~ ~!d by th~ CiLp Couxwil on tsta _~-- _. x: _~- -
loliwl.~q ras~us~ts - ~ _ - , - . - -
~ _~ai ot Pl~t~niaq Ca~t~aiost 1lpproval a! la appiiastiat lo~c ~~.
Cana~t#onal vw ~r~it to ei2aw tba opsratioaa o! -• ~irti~a2 ~ ~_
rirlity eup~rla~ c~ntsx. Th~r~ rili b~ ai~6t -~o. lx~v~= _~r=
" ai~ator ~itr pro~ridi.nq a vari~tx a! qa~~ at~d sx~rise~
__ gxa~~estsd ~o th~ ge~trao} a~ it h~ or ~h~ rra~ acttsaZly ~iti~i,n t3~~ .~ .
sphio Qisp3ax xs onpo~ed to vi~wtnq t* t+r~-~i7Na~r~lr~; ~-
- ry _~iat~f~Yt b. 1daTtl.A) ' ' . - .'" ' ~
°-~., ~ i'ri~J . _ lOaY~l~ batob~7e ~!i , iflt~~ ~lii~Yt.~. °r~;`
- ~ ~ ~ '•~~1t111'IQ~1 ~ '- . -- ~p~CU C~~{~x ~b~1E ~l~r~!!I!X~~~ ` ~„*, .--•.Y ~
._ Y ^ y _ y ` - s , =.~ `~*~ ~y ~
=e~*p`L'~ - F ' -_ ~ `~S~ ~ Y~~I~ ~~ .~„~~~"v`.~:~~~~v=v`
*i~t=}•i , ~ -~( ~3 , , . - -- - _ + -„ • - ' ' J"' ="3~, '~ +#~r~a~ ~„' -
- ' _ ~t t`ikjr o! ~u-;a 1ta~sfaa ~ ~rioonra~q~s pubi~o bc~~n! om S~!# ;„~ E `~ ~
'~_ ' at~?w' ~P~r~s~~j~+_s+.y~ ~~on a~r y/~c~~.n~s,~~r+sy~sr~sant~•t~ir~, ar etnp o~i~~ ~ ''~-=_~•
- _ '_ ~ ~/v~aa` ~L 4ii~ C~~ WYiR]li ~ ~~iC ~~~ ar ~=w.i~~ ~y r `~4C
. v ~ ° h_',~•
- Lrtrrll~ ~D111d ~ ~'~isb ~Ot ~ __ .-' ~'+
.=r'~ ~. ~ • - ' ` 'L'1!! 00~17..r ' '~#~-.C~lk~il~ h ~__, ~
_`:'~~;'~ :~,'F- ~`z.; :~-_ ~`~f~ ~~ ~:- "~~.'-~= - ~Hi 1f~~ ~ttl~' ~~ ~ _~~
" ~~~:~ ~>'{ •.;"`--~ :. ' ~,-_ } ~i ~
"~ ~.s~,` %r-:-_~. _ :~,4 ~:~ ~ .-~ s~tfi 7l4ntaa, Csl~to ~ ~#~~~~~;~f
~"`; ~ ~L.. : . . _ .,"'~;~:. ~_ ,u _ a - _ ~^l • -- ; ~ •. .~..F.Y- =r- ~~~~~
- _ - 7ql~ Z~i?~` . - " ` , ~ ~ ` ' ~="` .~-~°~,~'- t
-~_ _ • - - _ . ~ =_.. _.---
~._ Zt_ d~sfz~, iurt~r iasor~tiae an a~y aypl~tivn ~~'~i __, ``~,
~-_ Qbtainsd troar th~ Cit plesusft~q Divi~ion at t~ ~dra~~ abow q~' ~;'-~
_ „~yr_w-i~~ ~aiay •ss~s4~.. _ . _ ~ _ _ _ _. ~s=
" Ths a~eati !ac#~i is has~ics + ~ + '; ~,
_ ~ tY FP~ accesciD].~. It p~u haV~ ~,~'-~~
~ = spaai~i ~s suci~ as s3Qn lan~taqs i~atsrpratl~sq. plsatii` ao~#ep~, ~•. ;~_~
_ ~ ` ~•-c~~ta~ ~a! r.t~ ~3..a~«t at tsia~asa-e~az. - - - -°
, _ . -_ . - -_ _ • `~ ~~ ' :~ :
- ~ Pursva,nt ,to ~slStcrrt4s cav.rr~am coea s.ctian 6~oasi~), #~ ~~;• ~`
, sattar .i^ ~ubs~ue~tly a~all~nq~d in Ca~rt, t.~ chall~ng~ aay b~ -- ~
lis~Ead Eo only tha~~ ~suas rais~d ~t th~ Dublla Pisa~rlnq _
`_ ; _ . c4s~critiad #as t!~l.s-no~fc~, or in ~rrittan corr:spoMla~o~ d~ii~ir~4 _ _
•_ CO ths "~tp O! 83~ta 1[oniK7a ~t ~ or priox` tOr ths P~D11C ~~~.` ~~.
. s~ta ~~tri sviso sobr~ uAS audencia pe~blica par~- rwi~sar
appiicsoian~e praponiando duarrofio ~n 8ant.a~ ]f4tsfea. ~sto ~usdq "- "%,
," oiir d~ 1,nt~~ a ust~. 83 . dea4as ~ras inloz~e~cioaE, " fw~ 8r ~= -
;~. ____ ii~r a Elsa Gors~~laa sa ls aivisi~ da Piadtiliosaioa a1_~isp. `~ "
=' -~,; ~ :{-73Aj_ f~B-B~~• ~` a - _ _ - _ -. _ ,.T, s - - ~ ~ -";~t,~+~~r~'•~`~ ~' -~
~~~~~~sty t ' _ ~ . ~ ` yi '2 _ ~ ~ ' _..1%'r-~'~ln r} {~'f~$
i ~ _ ~ ~ _ , - ` _ - T __-$`' `},.
- ; - ~. `. ' -. _ ~ - ' ` - °.y -'-~ 's_X s
OUJOa
A ~'TA CHMEIITT D
f
• ~ .
; EDISON BR~TH~RS MALL ENTERTA'
DIVf5~ON QF Ep15ON BiiOTHEAS STOi9E5 iNC
ExECUrnre OFpCES so+ NO~+T-+ Bavwowwr r PoBr o~ACE eOx ~~a2o ST Wu~B ~
_1~1~~ 3~•ssa@ s'~$~67~ s 1~[~c~~1s13~qQI
..,~., .~. _
August 24, 1991
Memo #91-86
ALL REGIONAL MANAGERS
Truancv Se~,in,~rs,
Enclosed is a copy of a memo to Store Managers which restates our
corporat~ Truancy Policy. Alsa enclosed is an autline far a
Truancy Sem~nar, to be conducted ~n each store, by you or with
your close direct~on, by your D~strict Managers. This shou~d be
campleted prior to the start of school in your area.
This will be an excellent time ta provide refresher training in
ord~r to maintain the momentum on Truancy enforcement in the
stores.
Your prompt attention is anticipated and appreciated.
.
Thank yvu.
E B MCAULIF
VICE PRESxDENT/GENERAL S S MANAGER
GPM/mmf
Ot~G~~
~_,
i~ '-
. ~' ~ • ~'~ ~'
~
~ ~
EDISQN BROTHERS MALL ENTERTAfNMENT INC.
av~s~o+v oF ~~soru e~r~as sro~s ~ric
£7[ECU711/@ OFFICES SQl NORt1'i 6~DApWAV ~ PQST QPFI~ 6Q% 1/pZp ST LOU15 Mp 8afT0-4p~Q U s A
~OµE t3tai 7Jt-6p0O ~ tELESC 7979T9 ~ FA% f71ai ]J~-4Dp2
Auqust 20, ~991
Memo #91-87
ALL STORE PERSONi3EL
Corvorate Poiicv Reaardina Truancv
EBME enjays an impeccable reputation and truly maintains a
whvlesome family env~rcnment.
While we do not wish our
Truant Officers, we have
discouraging truancy. We
of our iocations to become
in our stores is not an ea
canstant effort tc prohiY
lacatians.
Store Personne~ to asswae the ro~e af
maintained a long standing po].icy oF
do not intend and will not permit any
a haven for truants. Policing truancy
sy task. Hcwever, you must maintain a
it truants frvm conqregating at EBME
It is incumbent upon yau as oux representat~ves to mafntain the
family image that we have spent yaara developi.ng. A polite
inquiry to that yvuth~ul lookinq person who wanders into your
store dur~.nq schoa2 hours may save eaEbarrassment to the cvmpany.
Rule o~ thum.b: nWhen in doubt, check it out.~ Ask for proof of
aqe {drivers licenss or other clearly official docum~nt). Place
a call to that schoo~ district whera the customer told you h~ or
she attends . ~etermine ~-het3~er schoo~ f s in aesaion cr n~t ; if
nct or if the custom~r cannot prova their age, ask the individua~
to leave the pramises.
A studsnt susgended from classes for any reason shall not be per-
mitted in EBMS 3ocat~ons darinq school haura ~.f he or shs has not
reached 16 years of age (soma locations requ~re higher ages),
Request that ha or she depart the gremises until, school Iets aut
fvr the day.
EBME ~~ aware at ~ruancy grob],ems ~n th~ conemun~.ty, an~ we do not
intend to contribute in any way to this ~ocial problem. ~t
remain~ our policy to help minimi truancy and we are degendent
on you to carry out our policy./~ ~~ t
GE4RGS M~LIFFB
VICE PRES~D$NT/G~iERAL S~S MANAGER
GPM/mm!
Of}U~ L
.
~
~ ~
T_be Trainer
Discvuraqinq trciancy in a~.~ EBME locations is of uppermost
importance durinq the schoal year. It is vital that all Managers
and Associates understand the Truancy Po~icy and enforce it.
Purpose of a Truancv Sem~nar
l. Ta reinfvrce the need for t~ancy quidelines and to remind
the Associates and Manaqers of their responsibilities in
enforcing the policy.
z. Ta give the emplayees a quideli.na on how they can enforce
th~ truancy policy, in a diqnified and professionai, yet
effective manner - and withaut losing a custvmer.
Mater~.al~
1. Truancy Policy (Policy and Procedures Manual) Operations-
Sectian I - in manuaZ.
2. Truancy Palicy and Procedure ~Employee's Guide to Policies
and Procedures "TRUANCY";.
3. Carrespandence from the Office of Midtown Enforcement to the
Manhattan O~fice af City Planninq.
~l~Gl~
1
~
I.
~
i
CiUTLINE FQR TRUANCY SEMINAR
Introduction
A. Ask the participants 1. Truancy: beir-g absent
~o define "Truanc~". without germission,
especialxy from schaol.
~NOTE: EBME has expanded
this deffnition to
include "Suspended
students.
,
3. l~iany towns and cities
require that arcades
enloroa a Truancy Pol~cy
ar else necessary
~icen~es and germits w~ll
nat ba granted cr
renewed. (Show/read
exampZe: New York
ietter).
0 li J .E .~
B. Ask the part~cipants l. EHME desires to maintain
to explain why EBME is ~ts wholesome family
c o n c e r n e d w i t h oriented imaqe .
Truancy.
2. Thsre is serious public
concern that game raoms
should nat be a place for
children to congregat~
wh~n they should be in
school. Municipalities
do respond to this
concern ~y means of
restrictive leqi.slation
and punitive enforcement.
It is EB1~'s pvlicy to be
sensitive to public
r~sarvaticas abflut game
rooms, and to address
them conscientfoczsly.
~
w
~ ~
II.
A. Find aut the participant's 1. Ask them what the policy
knawledge and understanding is?
of the ESME's Truancy
Policy.
B. Read the excerpt from the 1. Operations, Section I.
Policy and Procedure Manual
on Truancy.
C. Ask the partic'lpants if ~. You may ask for a shew of
they acti~ely enforce the hands.
Truancy Paiicy.
2. If someone doesn`t
actively enforce the
policy ask them why and
then ask them if they nvw
understand the ' a
of enforcing it.
t7. Ask severa~ of th~ par- 1. After the participants
ticipants how they would have explained, read/qive
hand~e a Truancy suspect. then tha excerpt ~rom the
Employee's Guide to
Po~icy and Prccedures on
"Truancy" (Procedurej.
E. Discuss th~ case on
Truancy. Have th~ par-
ticipant explatn how they
wvuld hand}.e the situativn
step by stap and discusa -
where the person in the
case study went wronq.
I I I . ~y~R~Y
Reinfarae the purpose of 1. Taka any questions that
ths seminar and th~ the participants may
fmportance of Truancy hava.
enforcement.
~C~ui~~
~
~
~ ~
Poiicy
When a schoal is in sessivn, students (under the age af 16) ~ill
not be permitted in any a~ our EHM~ locations.
A student "suspended" from classea far whate~er reason shall not
be permitted into aur EBME Iocatiorts if he/she has not yet
reached 16 years of aqe.
Procedure
1. A calendar for the neighhor~ng schoel should be pasted in
the offi.ce. Check daily to see ~ school is in session (if
no calendar is available contact the schoal directly for
verificatian of holidays, vacations, etc.}.
2. zf a youthfc~l ~ovk.~nq customer enters the store during
5Gt1D0~ h~urs, politely ask them if they shou],d be ~n school,
which school they attend and if necessazy, proof that they
are over 16 years old. (Ru1e of th~~?~h is when in doub~,
check it out).
3. If the student is truant politely ask him/her ta leave the
stare and te3.l them ~hat they may return when schoal fs aut.
During the normal houra of schoal, it is the yauthful
custamer's burden to prvv~ tfl your satf.sfactian that he/she
need not then be in school.
4. Where the police or other enforcement of~ic~.al~ request, the
Regional Manager may authorize approgriate modificati.ans to
EBME procedures in ~rder te fac~litata those of law enfarce-
ment.
5. If a youthful custamer is accompanied by his or her parent,
you have th• right ta presum~ that if the custvmer is absent
fro~ sahoal, the absenc~ is authorized.
~Jli~l.)
.
~+
~1 1~~111y1~1Y 1 ~
~ ~
~ ~
PLANNING GOMMISSION
STATEMENT OF 4FFICIAL ACT~ON
PROJECT
CASE NUMBER: Conditional Use Permit 42--015
L4CATION: i35D 3rd Street Promenade
APPLICANT: Edison Brothers Mall Entartainment
CASE PLANNER: David Martin, Associate Planner
REQUEST: Conditianal Use Parmit to allow the operatior~
of a"Virtuality" entertatnment facility in
Zone 1 of the Third Strest Mall Specific Plan.
CEQA STATUS: The praject is categorically exempt per City
of Santa Monica Guidel~nes for the Implem~nta-
tion af CEQA, Class ~(].) .
PLANNING C4MMISSION ACTION
07~Q1/92 Date.
xx_ _
Appraved based on the followinq findings and
subject to the conditions below.
Denied.
Other.
EFFECTIVE DATE OF ACTION IF NOT APPEALED:
07/16/92 Gase #CUF 92-015
EXPIRATION DATE OF PERMIT GRANTED:
07/16/93 Case #CUP 92-q15
LENGTH OF ANY POSSYBLE EXTENSION OF ExPIRATION DATE:
Any request for an extension af the e~tpiration date must be
received in the P].anning and Zoning Divisi.on prior ta expiratian
of this permit.
3 Months Caae #CUP 92-015
CONDITIONAL USE PERMIT FINDINGS
l. The proposed use is one conditionally permitted within the
sub~ect distr~ct and complies with all of the applicable
provis~ons af the "City o€ Santa Mon~ca Caffiprehensive Land
- 1 - r,o~is
~ ~
Use and Zoning Ordinance", in that the ~zse is listed as a
conditianally permitted use in 2one 1 of the Third Street
Mall Specifi.c Plan.
2. The praposed use would nat impair the i.ntegr~ty and
character of the district in which it ia to be established
or located, in that the use will be in the Dewntown area
of the City, surrounded by ather commercial uses such as
restaurants, stares and offices.
3. The subject parcel is physically suitab3e for the type af
land use being proposed, in that the use will be located
in an existing building on a parcel with no unusual
characteristics.
4. The proposed usa is compatible with any of the land us~s
presently on the sub~ect parcel if the present land uses
are to remain, in that the existinq Midnight Special Baok-
store is relocat~ng to another location on the Promenade.
5. The proposed use would be compat~ble with existing and
permissible Iand uses within the district and the general
area i.n which the proposed use ia to be ~ocated, in that
the area is a commercial area which can accon4modate a
variety of uses.
6. Thera are adequate pravi.sians far water, sanitation, and
pub~~c utiliti~s and serv~ces to ensure that the proposed
use would not be detrimental to public heal.th and safety,
in that the site is located in an urbanized area adequate-
ly served by existing ~.nfrastructure,
7. Public access to the proposed use wi11 be adequate, in
that the site is adequa~,e~y served by existing roads and
alleys and parkinq for th~ use wil~ be provided in City
parking structure ~4.
S. The physical location or placement of the use on the site
is compatible with and relates harmoniously to the sur-
raunding neighborhood, ~n that the facility will be ].o-
cated in an existing building, and the use is cand~tional-
ly permitted in Zone 1 of tha Third Street Mal~ specific
Plan.
9. The proposed uae is consistent wfth the gaals, objectives,
and policies of the General Plan, in that Land Use Element
PaZicy 1.4.7. encourages the concentr~tian af compari~an
retail use and other complementary usea (such as hote].s,
offices, cu].tural facilities, rastauranta, social ser-
vices, and houaing) on or near the Third Street Promenade
as nacessary to provide a catalyst for its rev3tali~ation.
10. The proposed use would not be detr~menta]. to the public
interest, health, safety, canvenience, or qenera~ walfare,
in that the use ia cons~.stent with tha Zonfng Ordinance,
~ N p rv
_ ~ _ ~ i
~ ~
the Third Street Mall Specific Plan and the Land Use EiE-
ment of the General Flan.
lI. The proposed use conforms precisely to the applicabl.e per-
formance standarda contained in Subchapter 6, Sectian 9050
and special conditions out~ined in Subchapter 7, Section
9055 of the City of Santa Monica Comprehens~ve Land Use
and Zoninq Ordinance, in that no performance standard per--
mit ~s required.
12. The praposed use will not result in an overconcentration
af such usea in the immediate vicin~ty, in that thexe are
no similar uses located within the Sayside District.
CONDiTION$
Plans
1. This approval is for th~se pZans dated v4/~3/92, a capy of
which shal~ be maintained in the files of the City Plan-
ning Division. Project development shall be consistant
w3th such plans, except as otherwiae specified in these
canditians of approval,
2. The Flans shall comply with all other provisiona af Chap-
ter 3, Artic~e IX cf the Municipal Code, (Zvning Or-
dinance) and all other pertinent ardinances and General
Plan policies of the City of Santa Monica,
3. Minvr amendments to the plans shall be sub~ect to approv~l
by the Director af Planning. A siqnif~cant chanqe in the
approv~d concept shall be subject to Planning Co~aission
Review. Construation ahall be ~n conformance with the
plans submitted or as modified by the Planning Commission,
Architectural Review Board or Director af Planning.
Architectural Review Board
4. Prior ta considara~ion of the project by the Architectural
Review Board, the applicant shali review disabled access
requirements with the Building and Safety Divisian and
make any necessary changes in the pro~ect design to
achieve compliance with such requirements. The Arch~tec-
tural Rev~ew Board, in i~s review, shall pay particular
attention to the aesthetic, landscaping, and setback im-
pacts of any ramps ar other features necassitated by ac-
cessibility require~nents.
5. Construction period ~ignage shall be subject to the
approval of the Architectural Review Board.
6. Plans for fina~ des~qn, ~andscaping, ecreening, trash en-
closures, and signaqe sha11 be subject ta review and ap-
proval by the Architectural Review Board.
- 3 - ~1 Q il i ~g
. ~
7. The Architectural Review Board, in its re~iew. sha~ll pay
particular attention to the praject's pedestrian orienta-
tion and amenities; scale and articulation of design ele-
ments; exterior colors, textures and materials; window
trea~~ent; glazing; and landscapinq.
10. Landscaping plan~ shall comply w~th Subchapter 5B
{Landscaping Standards} of the zoninq ordinance inc~uding
use of Water-canserving landscaping materials, landscape
maintenance and other standards contained in the
Subchapter.
l~. Refuse areas, gtorage areas and mechanical equipment shali
screened in accordance with SMMC Secti.on 9040.13-9040.15.
Refuse areas ahall be of a size adequate to meet on-e~te
need, including recycling. The ArchitecturaZ Review Board
in its rev~ew shall pay particular attentian to the
screening of such areas and equipment. Any roottop
mechanical equipment shal~ be minimized in height and
area, and sha11 be located in such a way as to minimize
noise and visual impac~s to s~rraunding properties. Un-
less otherwise approved by the Architectural Review 8oard,
rooftop mechanical equipment shall be located at least
five feet from the adge af the roof. Except for salar hot
water heat~rs, no residential water heaters shall be lo-
cated an the raof.
Construction
12. Unless other~,rise approved by the Department of General
Services, all S1C~~W2LZ~C5 shall be kept clear and passable
during the qradinq aad construction phase af the project.
13. Sidewalks, curbs, gutters, paving and driveways which need
replacing or remowal as a result of the pra~ect as deter-
mined by the Department af General Services sha~l be re-
canstructed to the sat~sfaction af the Department of
General Services. Approval for this work shall be ob--
tained from the Department o€ General Services priar to
issuance of the building permits.
14, A sign sha7,l be posted on the praperty in a manner consis-
tent wfth the pul7lic hearing sign requirements which sha-iI
identify the address and phone number of the owner and/or
applicant for the purposes of responding to que~tions and
complaints during the oanstruction period. Said sign
shal], also fndicate the hours af perra~ssfble constructfcn
work.
15. A copy af these conditions shal
vis~b~e and accessible lvcation
struction at the project site.
nat~d or otherwise protected to
copy.
Environmental Mitiqation
1 be pasted in an easily
at all ti~es durinq can-
The pages shall be lami-
ensure durability ot the
- 4 - ~1t~J~ i
~ •
16. Ultra-low flow p~uznbing fixtures are required on al~ new
development and remodeling where plumbfng is to be added,
~Maximum 1.6 gallon toilets and 1.0 gallon urina~s and low
flow shawer head.y Automatic shutoff faucets sha~l be
installed on all sinks unless otherwise appraved by the
General Services Department.
I7. To mitigate solid waste impacts. prior to l.ssuance of a
Certificate of occupancy, project owner shal~ submit a
recycling plan to the Department of General Serviceg tor
its approval. The recycling plan shall include 1) list of
materials such as white paper, computer paper, metal cans,
and glass to be recycled; 2) location of recyling bins; 3)
designated recycling coordinator; 4) natt~re and extent of
internal and external pick-up service; 5) pick-up
schedule; 6y plan to inform tenants/occupants of service.
Miscellaneous Conditians
18. Hours of operation shall be limited to 9:00 A.M. ta 1:00
A.M., daily.
19. The building address shall be painted on the roof af the
building and shall measure faur faet by eight feet (32
square feet}.
20. The aperation sha11 at all tfinea be conducted in a manner
not detrimental to aurraunding properties or residents by
reason of lights, noise, activities, parking or other
actions.
21. Street and/or a1.Zey ].ighting shall ba prvvided an publ~c
rights-of-way ad~aeent to the pro~ect if and as needed per
the specifications and with the approval af the Department
of General Servicea.
Va].idity of Perm~.ts
22. In the event permittee violates or fails~ to comply with
any conditions of approval of thi~ permit, no further per-
mits, licenses, approvals or certificates a€ accupancy
shall be issued untii such violation has been fully
remedied.
23. within ten days of Planning Diviaion tranamittal of the
Statement of ~ff~c~al Action, pra~ect app3icant sha~l
sign and return a copy of the Statement o~ Offa.ci~l Action
prepared by the Planning Division, aqreeing to the Condi-
tions of approval and acknawledging that ~ailure to cemply
with s~ch conditions shall constitute qrounds for poten-
tial revocation of the permit apprava~. By eigni.nq ~ame,
applicant shall not thereb~ waive any Ieqal rights apgli-
cant may possess regarding said conditions. The signed
Statment sha13 be returned to the Planning Division.
Failure to comply with this condition ~ha1Z constitute
graunds for potentia~ permit revocation.
- 5 - G~iJ._'+'4
~ ~
2~. This determination shall not become effective for a perind
of fourteen days from the date of determination or, if
appealed, until a final det~rmina~ion is made on the ap-
peal. Any appeal must be made in the form required by the
Zoning Administrator. The approval af this permit shall
e~ire one year from the permit's effective date, un~ess,
in the case af new develapment, a buildinq pern-it has been
obtained, or in the case of a change of use, a business
license has been issued and the use is in aperatian prior
ta the permit exp~ration date. One three-month extension
of the ane year period may be permitted if approved by the
Directar af Planning. Applicant is on notice that time
extensions may not be g~anted if development standards
relevant to the project have became more restri~tive since
pra~ect approval.
25. This approval sha1.1 be specifically for the operation of a
faci~ity involving the virtual reality simulators and
shall nat permit any ather type of video or game arcades.
VOT~
Ayes: Gilpin. O'Connor, Pyn~, Rasanstein
Nays: Polhemus
Abstain:
Absent: Mechur, Morales
NOTICE
If this is a final decision nat subject to further appeal under
the City of Santa Mon~ca Comprehensive Land Use and Zoning Or-
dinance, the time within which ~udicial rev~ew of this decision
must be sought is governed by Code of Civil Procedure Section
Z494.6, which provision has been adopted by the City pursuant to
Municipa~I Code Section 1400.
I hereby certify that this Statement of Official Action accurate-
ly reflects the final determination of the P~anning Commission of
the City of Santa Monica.
i ~~ -~"~ ~•~~.~2
s~ nature , date
I
Ra ph Mechurr Chairperson
Pl ase Print Name and Title
I hereby agree to the ahove conditions of approval and
acknawledge that failure to camply with such conditians shall
- 6 -
~~ i r- ? ~
i
~
canstitute graunds far po~.ential revocat~on of the permit
approval.
Appliaant's Signature
Print Name and Title
PC/STOA92~5
DM
- 7 - 1'j~{~'~•.,
AT~'ACI~ME~ITT F