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SR-011293-6KLUTM:PB;DKW:DM/DMCCMEMO,PCWORD.PLAN CaunCil. Mtg: January 12, 1993 ^~~ Santa Monica, Caiifornia ,~~. _ , - _ T~: Mayar and City Council FROM; City Staff SUB3ECT: Certification of Statements of Official Action for Appeal of Conditional Use P~rmits 92-007, 92-007a, 92-ao~b, g2-oo7d, g2-aQ~£, 92-oo7g and 92-aa7h, 1315 Third Street Promenade. INTRODUCTIQN This r~port transmits for City Cauncil certification the 5tatements of Official Actian for the appeal of Conditiona~. Use Permits 92-007, 92--007a, 92--007b, 92-007d, 92--007f, 92-007g and 92-007h, ta pexmit tha issuance of six Type-41 (on-sa~e bear and wine) alcahol licen~~s to be used in cnnjunction with an 8-tanant, 400-Seat food court. The project was approved by the Planning Commission on July 15, 1992. On July 29, 1992 the Planning Cammissian approval was appealed to the City Council and, on Navember 10, 1992, the City Cauncil denied the appeal and upheld the Planning Commissa.an approval. RECOMMENDATION It is respecttuliy recommended that the City Council approve the attached Statements of 4fficial Action which contain findings for the approval of Conditianal Use Permit 92-00'7, CUP 92-007a, CUP 92-007b, CUP 92-007d, CUP 92-007f, CUP 92-007g and CUP 92-007h. Prepared by: Pau1 Berlant, Director of Land Use and Txansportatior~ F2anagement D. Kenyon Webster, P~anning Manager David riartin, Associa'~e P~anner ~ a ~. ~ R Ri1 i ~ d ~4~.r .: F, , t- CITY C~UNCTL STATEM~NT OF OFFICIAL AGTIaN PRdJECT CASE NUMBER: Conditional Use Permit 92-007 LOCATION: I315 3rd Street Promenade APPLICANT; Christian Tit1e CASE PLANN~R: David Martin, Associate Planner REQUEST: Appeal of P~anning Commissian approval of a Conditianal Use Permit to permit the consu~mp- tion of beer and w~ne in a 400-seat comman seating area of a food court with 8 fast-faad tenants at 1315 3rd Street Pramenade. CEQA STATUS: The project is categorically exempt per the City af 5anta Manica Guidelines for ImpZemen- tation of CEQA, Class 1(14). CITY C4UNCIL ACTION Z1~10~92 Date. Approved based on the following findings and subject to the conditions below. D~n~ad. XX Appeal denied; Planning Commisszon approval. upheld. EFFECTIVE DATE OF ACTION: 11~1Of92 Case ~CUP 92-007 EXPIRATION DATE OF ANY PERMITS GRANTED: lIf 10~93 Case #CUP 92-Ofl7 LENGTH OF ANY POSSI$LE EXTENSION OF EXPIRATION DATE: Any request for an extension of ~he expiratian date must be recei~red in the Planning and Zoning Division prior to expiration of this permit. 3 Months Case #CUP 92-d07 This CUP is for the property located at ].3I5 3rd Street Promenade which is to be developed as an 8-~enant foad court wzth a 400- - 1 - seat comman seating area. 5ix af the 8 tenant areas, designated A, B, D, F, G, and H on thase plans dated 07/15/92, have separate CUPs which will allow the issuance of Type-41 (On-Sale Beer and Wine) alcohol l~censes far those areas. Those CUPs are desig- nated CUP 92-007a, CUP 92-047b, CUP 92-007d, CUP 92-007f, CUP 9Z- D07g, and CUP 92-007h. This CUP 92-OQ7 contains the conditions related to the common area seating. The following findings and conditions are far CUP 92-007, for the ove~all food court and common seating area: FINDINGS 1. The proposed use is one canditionally permitted within the subject district and complies with all of the applicable pravisians of the "City of Santa Monica Comprehensive Land Use and Zoning Ordinance", in that an alcohol license in con~unction ~erith a food seryice is conditiona~ly permitted in the C3C district af the Zoning Ordinance and in Zone 1 of the Third Street Mall Specific Plan. 2. The proposad us~ would not impair the inteqrity and character of the distrzct in which it is to be established or lacated, in that the Third Street Mall Specific Plan encourages food uses and alcohol service will be ancillary to the foad service functian of the estab].ishment. 3. The subject parcel is physically suitable for the type o~ land use being proposed, in that the parcel is a standard ~at with no unusual cYiaracteristi~s. 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 ~hat the issuance af an alcohol license is compati3ale with the previously approved food court. 5. The proposed use wauld be compatible with existing and permissible Zand uses within the district and the general area in which the proposed use is ta be located, in that the zoning of the site condi~ionaZly permits the issuance of an alcohol. license for foad service establishments. 6. Ther~ are adequate provisian~ for water, sanitatian, and public utili.ties and s~rvices to ensure that the propased use would not be detrimental ta publ.ic health and safety, in that the site is iacated in an urbanzzed area adequate- Zy served by existing infrastructure. 7. Public access to the proposed use will be adequate, in that parkzng will be pravided in the City parking structuzes. - 2 - 8. The physical lacation or placament af the use on the site is compatible with and relates harmoniously to the sur- raunding neighborhood, in that the proposed alcohol licen- ses will be for a previousZy approv~d food court which is consistent with the C3C district zoning. 9. The proposed use is consistent with the goals, abjectives~ and polici~s of the General Plan, in that the Land Use Element of the General PZan encourages restaurant uses on the Third Street Promenade. lo. The proposed use would not be detrimental to the public interest, health, safety, convenience, or general welfare, in that the proposed use i5 cansistent with the Zoning Ordinance, the Third Street Ma11 Specific Plan and the Land Use Element of the General P1an. 11. The proposed use conforms precisely to the applicable per- formance standards contained in Subchapter 6, Seation 9050 and special canditians outlined in Subchap~er 7, Section 9055 of the City of Santa Monica Comprehenszve Land Use and Zaning Ordinance, in that n~ parformance standard per- mit is required, 12. The propased use will nat result in an overcancentratian of such uses in the immediate ~icinity, in that the pro- posed alcahol license will be for a~ood court with no bar area or entertainment, cansistent with the goa].s and ob- jectives of the Third Street Mall Specific Plan and in that the area is in the dawntawn portion of Santa Monica which is frequented by large numbers of local residents as well as office workers, shoppers, mavie patrons and visi- tors from outside the City. Furthermare~ this type of outlet has not contributed significantly to alcohol re- lated problems in the downtown area. ALCOHOL OUTLET FINDINGS 1. The proposed use and ~ocation are in accordance with good zoning practice~ in the public interest, and necessary that substantial justice be done in that the alcohol licenses will be for a previously approved faod court with no bar area or entertainment. 2. The proposed u~e will nat adversely affect the welfare af neighborhood residents in a significant manner ~n that the food court wiil be located in a ca~mercial ar~a, away fram any niajor residential uses. 3. The proposed use will not contribute to an undue concentration of alcohol outlets in the area in that foad courts with no bar area ar antertainment ara not typica}.ly considered to contribute to objectionable problems assdciated with alcohol outlets, and in that the area is in the downtown portion of Santa Manica whiCh is frequented by large numbers of lacal residents as well as - 3 - of~ice workers, shoppers, movie patrons and visitors from outside the area. Furthermore, this type of outl~t has not cantributed significantly to alcohol related problems in the downtown area. 4. The propased use will not detrimentally affect nearby ne~ghborhoods cansidering ~he distance of the alcohol outlet to residential buildings, churches, schaois, hospitals, playgrounds, parks, and ather existing alcohol outZets in that the cflnditions for appro~al, such as the require~ent that the establishment operate with no bar area or entertainment, will minimize the pot~ntial affect on the residen~iai uses in the vicinity. 5. The propo~~d use is compatible with existing and potential uses within the general area in that the faod court is in a commercial and entertainment district, and a foad caurt ~ith a beer and wine license is compatib~e with permitted uses. b. Traffic and parking congestian wili not resuZt fram the proposed use in that parking for the restaurant is avazlable in the City parking structures. 7. The public health, safety, and general welfare are protected in that the project is consistent with the provisions af the Zoning Ordinance, the Third Street Mal~ Specific Plan and th~ Land Use Element of the Genera~ Plan. 8. No harm to adjacent properties will rasult in that the conditions of appraval will ensure that the establishment operates as a food court with no bar area or ent~rtainment. 9. The proposed use is consistent with the abjectives of the General Plan in that the Land Use Element of the Ge~eral Plan designates the area as the "Downtown Core" and encourages uses which attract nighttime activity. ALCaHOL OUTLET CONDITIONS ~. The primary use of the premises shall be for sit-down dining for patrons. 2. F'ood service shall be avai~able dura.ng all hours the establishment is open for business. 3. Seating arrangements for sit-dawn patrons shaXl not exoeed 400 seats. 4. No dancing or live enterta~nment sha1l be permitted on the premises. - 4 - 5. The primary use af the autdaar dining area shall be for seated food const'~mption. G. Final plans ~ar the ou~doar ~eating area shall be subject to appraval of th~ Bayside District Corporation, General Services Department, Economic Development Division, and the Architectural R~view Board. 7. No video or oth~r amusement qam~s shall be perm~tted on the premises. 8. Owners af the establ~.shment shall pr~hibit Iaitering ir~ the immediate vicinity and shail cantral noisy patrans leaving the establishment. 9. No expansion in number o~ seats, inten~,ity of operation, or outdoar areas shall occur without prior appro~al from the City of Santa Manica and State ABC. 10. Prior to issuance of a Certificate af Occup~ncy, or a business Zicense, as applicable, the applicant sha1Z submit a security plan to the Chief af Palice far review and approval. The p~.an shalJ. address both physical and operational security issues. 11. Final plans for any changes to exterior design, landscaping, trash enclosures, and/or signage shall be subject to revi~w and approval by the Architectural Review Baard. 12. Minor amendments to tha plans shall be subject tv approval by the Di.rector of Planning. An increase of mare than 20% of the square faatage or a significant change in the approved concept shall be subject to Planning Commission Review. Construction ~hall be in substantial cQnfarmance with the plans submitted or as modified by the Planning Cammission, Archztectural Review Board, ar Directar of Planning. 13. The applicant shall compZy wzth all legaZ requirements ragarding pravisions far the disabied, including those set farth in the California Adrninistrative Cade, Tit~e 24, Part 2. ].4. Refuse areas, storage area~, and mechanical equipment shall be screened in accardance s~ith Sec. 9127J.2-4 (sNri~+IC). Refuse areas shall be of a~i~e adequate to rneet on-site need. 15. The aperation shall at a~.l ti~rnes be canducted in a manner nat detrimental to s~r~ounding properties or residents by reason af iights, noise, activities, parking, or other actions. - 5 - 16. No noisa generating compressors or other such equipment shall be placed adjacent to neighboring residentiaZ buildings. 17. Within thirty {30} days from date of apprayal {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 Cantro~ depart~ent. 18. This permit shall expire one year from the effective date of approval unless at least one af the required ABC permits for the areas designated in CUP 92-0~7a, CUP 92-007b, CUP 92-007d, CUP 92-007f, CUP 92-007g, and CUP 92-007h is obtained and the alcohql permit is being utilized. One ninety (90) day extension of the one year period may be permitted if appraved by the Director of PZanning. Applicant is on notice that an extension may not be granted if development standards relevant to the project have changed since pr~ject apprdval. 19. Barrier rails measuring 42" in height shall be installed ad~aaent to each table located in the passageway. 20. If all six Conditional Use Permits designated 92-007a, 92- OQ7b, 92-007d, 92-007f, 92-007g and 92-~07h hava expired, been revokad, or are na longer in effect, including with- out limitation, pursuant ta Section 9049.2 (SMMC}, this Canditional Use Permit sha~l also expire. 21. This approval is for those plans dated 07/15/92, a copy of which shall be maintained in the files of the City Plan- ning Division. Project development shal~ be cansistent with such plans, except as otherwise specified in these conditians af approval. 22. The facility shall in~tall an interceptor with 1000 gal- lons minxmum holding capacity. The General Services De- partmant may madify tha abo~~ requirame~ts only for gaod cause. Specifioally, the facility must demans~rate t~ the satisfaction af the Industrial Waste Section and B~i3ding and Saf~ty Division that interceptor installation is nat feasihle at the site in question. VOTE Ayes: Abdo, Holbrook, Katz, Zane Nays: Genser, Olsen, Vazquez Abstain: Absent: _ 6 .. threat to the public's right of access ta public services or pub~ic facilities. (4) To instruc~ City representatives concerning salaries, salary schedules, ar compensation paid in the form of fringe benef~ts prior ta or during negotiations with employee organizations. (5) Ta negotiate and discuss with employee organization representatives following the intervention o~ a state labor conciliator in a labor dispute. (6) To cansider ~atters affecting the national security in the case of a body operated by a priva~e corp~ration an which City officers serve in their official capacity and which is supported partially or totally by City funds. (7) To consid~r ~hase matters which by law are proper~y the subject af a Clos~d 5~ssion. (d} No Councilmember, employee of the City, or any other persan present during a Closed Session of the City Cauncil shall disclose to any person the content or substance of any discussion which took place dur~ng sazd Closed Seasion unless the City CQUncil sha11 authorize the disclosur~ of such information by majority vote, or unless such disclosure is required, and only to the extent sa required, by the provisions of Gavernment Code Section 54957.1. RULE 4. AGENDA. (a) The City Clark sha11 prepare the Agenda under the directian of the City Manager as follo~~s: - 4 - CITY COUNCIL STATEMENT OF OFFZCIAL ACTION PROJECT CASE NUMBER: Conditional Use Permit 92-007a LOCATION: 1315 3rd Street Pramenade, Space A APPLICANT: Christian TitZe CASE PLANNER: David Martin, Assaciate Planner REQUEST: Appeal of Planning CommissiQn appraval of a Cnnditianal Use Permit to permit the ~ssuance of a Type-41 (On-Sale Beer and Wine) alcohol license ta be used in conjunction with a fast- food restaurant located in Space A of the Criterion Theater Plaza Food Court at 1315 3rd Street Promenade. CEQA STATUS: The praject ~s categarica~ly exempt per the City of Santa Monica Guidelines for Implemen- ta~ion of CEQA, Class 1(14}. CTTY COUNCIL ACTIQN 11/1Of92 Date. xx Approved based on the follow~ng findings and subject to the conditions below. Denied. Appeal denied; Planning Commission approval uphel.d . EFFECTIVE DATE OF ACTION: 1Zj10f92 Case #CUP 92--OQ7a EXPIRATION DAT~ OF ANY PERMTTS GRANTED: 11f10~93 Case #CUP 92-007a LENGTH OF ANY P4SSIBLE EXTENSION 4F EXPIRATION DATE: Any request for an extansion af the sxpiratian date must be received in the Planning and Zoning Divisian prior ta expiratian of this permit. 3 Months Case #CUP 92-007a -i- This CUP is for that area designated as Space "A" on those plans dated 07/15/92, on file with the City Planning Division. FTUnT~r~ l. ThE propased use is one conditio~ally permitted within the subject district and complies with all of the applicable provisians of the "City af Santa Monica Comprehensive Land U~e and Zoning Ord~nance", in that an alcahol license in conjunction with a food service is conditionally permitted in the C3C district of the Zaning Ordinance and in Zone 1 of the Third Street Mall Specific Plan. 2. The propased use would not impair the integrity and character of tha district in which it is to be established or located, in that the Third Street Mall Sp~cific Plan encaurages food uses and aZcohol service will be ancillary ta the food service functian of the establishment. 3. The subject parcel is physical~y suitable for the type af land use being propased, in that th~ parcel is a standard lot with no unusual characteristics. 4. The proposed use is compatible with any nf the ~and uses presently on the subject parcel if the present land uses ars to remain, in that the issuance flf an alcohal license is compatible with the previously appraved food court. 5. 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 zoning of the site canditionally permits the issuance of an alcohol Iicense far foad service establishments. 6. There are adequate pravi~ions for water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimantal ~a public health and safety, in that the site is Iocated in an urbanized area adequate- ly served by existing infrastructure. 7. Public access to the proposed use will be adequate, in that parking will be provided in the City parking struc~ures. 8. The physical location ar placement of the use an the site is compatible with and relates harmoniously to the sur- rounding neighborhood, in that the praposed a].coho], licen- ses wil~. be for a pr~viausly approved food court which is consistent wi~h the C3C distric~ zoning. 3, The proposed use is consistent with the gaals, objectives, and policies af the General Plan, in that the Land Use £Iement of the General Plan encourages restaurant uses on the Third Street Pramenade. - 2 - 10. The proposed use would not be detrimental to the public inte~est, health, safety, convenience, ar gene~al welfare, in that the proposed use is consist~nt with the Zoning Ordinance~ the Third Street Mall Specific Plan and tha Land Use Element of the General Plan. 1~. The proposed use confarms precisely to the applicable per- formance standards contained in Subchapter 6, Sectian 9~50 and special conditions outlined in Subchapter 7, Section 9055 of the City of Santa Manica Comprehensive Land Use and Zoning Ordinance, in that no performance standard per- mit is required. 12. The proposed use will nat result ~n an over~oncentration af such uses in the immediate vicinity, in that the pro- pased alcohol license will be for a food court w~.th na bar area or entsrtainment, consistsnt with the goals and ab- jectives of the Third Street Mall Specific Plan and in that the area is in the dQwntown portion of 5anta Monica which is fraquented by large nu~nbers of local residents as well as office workers, shoppers, movie patrons and visi- tars from outside the City. Furthermore, this type of outlet has not contributed siqnificantly to alcohol re- lated probl~ms in the downtawn area. ALCOH4L OUTLET FINDINGS l. The proposed use and lacation are in accordance with good zoning practice, in the public interest, and necessary that sub~tan~ial justice be done in that the alcohol Iicenses will be far a previously approved food court with no bar araa o~ entertainment. 2. The proposed use will not adversely affect the welfare of neighborhaod residents in a significan~. manner i.n that the food court will be Iocated in a commerci.al area, away from any ma~or residential uses. 3. The proposed use will not contribute to an undue concentration of alcohol outlets in the area in that food caurts with no bar area ar entertainment are not typically considared to contribute to objectionable problems associated with aZcohal outlets, and in that the area is in the downtown portion of Santa Monioa which is frequented by large nu~r-bers of local residents as well as office work~rs, shappers, mavie patrons and visitors from autside the area. Furthermare, this type of outlet has nQt contributed significantly to alcahol related probl~ms in the dawntawn area. 4. The propased use wi11 no~ detrimentally affect nearby neighborhoods considering the distance of the alcohol outlet to residentia]. building~, churches, schools, haspitals, playgrounds, parks, and other existing alcohol outlets in that the conditians for approval, such as the requirement that the establishment operate with no bar - 3 - area or entertainment, will minimize the potential affect on the residential uses in the vicinity. 5. The propased use is compatzble with existing and patential uses within the general area in that the food court is in a commercial and entertainment district, and a food court with a beer and wine license is comp~tible with perxnitted uses. 6. Traffic and parking congestion will not result from the proposed use in that parking for the restaurant is available in the City parking structu~es. 7. The public health, safety, and general weltare are protected in that the project is consistent with the provis~ons af the Zoning Ordinance, the Third Street Mall Specific Plan and the Land Use Element of the Ganeral Plan. 8. No harm to adjacent properties will result in that the conditions of approval wi~~ ensure that the estab~ishment operates as a food court with no bar area or entertainment. 9. The propased use is cansistent with tha objectives of the General Plan in that the Land Use Element of the General P1an designates the area as the "Dawntawn Core" and enco~.rages uses which attract nighttime activity. ALCOHOL OUTLET CONDITIONS 1. Alcahol shall anly be served in conjunction with the purchase a~ faod. 2. The premises shall maintain a kitchen or faod-serving area in which a variety of faod is prepared and cooked on the premises. 3. Food service shall be available during all hours the establishment is open for business. 4. No alcoholic beverage sha~I be sold for consumption beyond the premises. 5. Permitted hours of alcohol service shall be 9:00 A.M. ~o 1:0~ A.M. Sunday through Thursday~ and 9:OQ A.M. to 2:00 A.M. Friday and Saturday. Alcohol service in any outdoor seating area shall cease one hour in advance of the oparating h~urs otherwise permitted. 6. Alcahol shall not be sold in any dispasable container such as disposable pZastic or paper cup. 7. No videa ox other amusement games sha12 be pernnitted on the premises. - 4 -- 8, No more than 35~ of total grass revenues shall be from a~cohol sales. The op~rator of the business sha21 maintain recards of gross revenue sources which shall be avai~able to the City o~ Santa Monica and the State ABC upon request. 9. For any minimum purchase per patran, establishments shall permit the minimum to be satisfied with the purchase of food, as well as alcohdlic and non-alcaholic beverages. 10. Owners of the establishment shall prahibit 3.oitering in the immediate vicinity and shall control naisy patrons leaving the establishment. 11. No expansion in number of seats or intensity of aperation shall occur withaut prior appra~al fram the City of Santa Monica and State ABC. 12. Prior to issuance of an alcohol license from the ABC, the operatar shall sub~nit a plan for appro~al by the Director of Planning regarding employee alcohol awareness training programs and policies. Th~ plan shall out~ine a mandatory alcohol awareness training program for all empl.oyees having cantact with the public and shall state management's policies addressing alcohol cansumption and inebriation. The operator shall provide City with an ~nnual compliance report regarding compliance with this condition. This project shall be subject ta any future City-wide alcohol awareness training program conditian affecting similar establishm~nts. The plan shall also set forth a"designated dri~er" program, which shall be affered by the op~rator o£ the establishment to patrons. 13. Prior to issuance of a Certificate of Occupancy, or a business Iicense, as applicable, the appl~cant shall subrnit a security plan ta the Chief of Police for review and approval. The plan shall address both physica~ and operational security issues. 14. Final plans for any changes ta exterior d~sign, landscaping, trash enclosures, and/or signage shall be subject to review and appraval by the Architectural Review Board. 15. Minor amendments to the plans shall be subject to approval by the Director of Planning. An increase of m~re than 10~ of the sc~aare footage or a significant change in the approved concept shall be subj~ct to Planning Commission Review. Construction shall be in substantial conformance with the p~ans submitted or as modified by the Planning Commission, Architectural Re~iew Board, or Director of Planning. 16. The applicant shall comply with all legal requirements regarding provisions for the disab~ed, including those set -- 5 - forth in the California Administrative Code, Title 24, Part 2. 17. Refuse areas, storage areas, and mechanical equipment shall be scresned in accordance with Sec. 9127J.2-4 (SMMC). Refuse areas shall be of a size adequate to meet on-site need. 18. The aperation shall at aZI times be conducted in a manner nat detrim~ntal to surrounding praperties or residents by reason of lights, noise, activities, parking, or o~her actions. 19. No ~oise ganerating compressors or other such equipment shall be placed adjacent to neighboring residential buildings. 20. Within thirty (30} days from date of approval (if approv~d) the applicant shaZl provide a copy of the Statement of Official Action for this appraval to the local office af the State Alcoholic Beverage Contral department. 21. This permit shall expire one y~ar from the effective date of approval unless required ABC permits are obtained and the a~cohol permit is being utilized. One ninety (90y day extension of the one year period may be permitted if approved by the Director af Planning. Applicant is on notice that an extensian may not be granted if development standards relevant to the project have changed since project approval. 22. Each of the six food court tenant Canditional Use Permits shall be individually revocable, cansistent with Section 9~i~.~ (s~c) . 23. Any subsequent lessees of the designated property shall be bound to the terms and canditions of the Condi~ional Use Permit. 24. This appraval is for those plans dated 07/15/92, a copy of which shall be maintained in the ti~es of the City Plan- ning Division. Project development shall be consistent with such plans, except as otherwise specified in these conditions o€ approval. VOTE1 Ayes: Abda, Holbrook, Katz, Zan2 Nays: Genser, Olsen, Vazquez Abstain: Absent: - 6 - NOTICE ~f this is a final decision not subject the City af Santa Monica Camprehensive dinance, the tima with~n which judicial must be sought is governed by Code of 1094.6, which proeision has been adopted ~unicipal Code Section 1400. to further appeai under Land Use and ~oning Or- review o€ thi~ decision Civil Procedure Section by the City pursuant ta I hereby certify that this Statement of Official Actioa accurate- Iy refleats ~he final determination of the Planning Commissian a~ the City of santa Monica. signature date Clarice E. Dykhause~ City CZerk Please Print Name and Tit1e I hereby agree ta the above conditions acknowledge that failure to comply with such cons~xtute graunds for poten~~a2 revocatio approaa3. Applicant~s signature Print Name and Title PC/CCST927a DM of approval and conditions ahall n of the perntit - '7 - CITY GOUNCIL STATEMENT OF OFFICIAL ACTION PROJECT CASE NUMBER: Conditional Use Permit 92-007b LOCATI~N: 1315 3rd S~reet Promenade, Space B APPLICANT: Christian Tit1e CASE PLANNE~: David Martin, Associate Planner REQUEST: Appeal af Planning Commission appraval ~f a Conditional Use Pe~nnit to permit the issuance of a Type-4Z (On-Sale Beer and Wine} alcohol license to be us~d in canjunction w~th a fast-fOOd restaurant located in Space B of the Criterion Theater Plaza Food Caurt at 1315 3rd Street Promenada. CEQA STATUS: The project ~s categaricalZy exempt per the City of Santa Monica Guidelines for Implemen- tation of CEQA, Class 1(34~. CITY C~UNCIL ACTION 11/1~~92 xx Date, Approved based an the fol~owing findings and subject to the cvnditions beZow. Denied. Appeal den~ed; PZanning Commission approval upheld. EFFECTIVE DATE OF ACTTON: 11/10/92 Case ~CUP 92-007b EXPIRATION DATE OF ANY PERMITS GRANTEb: 11/10/93 Case #CL7P 92-0~7b LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATE: Any request for an extension of the expiration date must be received in the P~anning and Zoning Division prior to expiration of this permit. 3 Months Case #CUP 92-007b - ~ - This CUP i~ for that area designated as Space "B" an thase plans dated 07/15/92, an file with th~ City Planning Division. FINDZNGS z. The proposed use is one conditionally permitted withi~ the subject district and complies with all o~ the applicabZe provisions of the "City of Santa Monzca Comprehensive Land Use and Zaning ordinarice", in that an alcohal license in conjunction with a food service is conditionall.y permitted in the C3C distriot of the Zoning 4rdinance and in Zone ~ of the Third Street Mall Specific Plan. 2. The proposed use would not impair the integrity and character of the district in which it is ta be established ar located, in that the Third Street Mall Specific P1an encourages faod uses and alcaho~ service will be ancillary to the foad service function of the establishment. 3. The subject parcel is physical~y suitable for the type o~' land use being praposed, in that the parcel is a standard lot with na unusua3. characteristics. 4. The propased t~se is compatible with any of the land uses presently on the subject parcel if the present land uses are to remain, in that the issuance of an a~cahol license is compatible with the previo~zsly appraved foad court. 5. The proposed use would be compatible with existing and pernaissible land u~es within the district and the genera~ area in which the proposed us~ is to be located, in that th~ zoning af the site conditionally permits the issuance of an alcohal license for food service establishments. 6. There are adequate provisions far water, sanitation, and public utilities and serva.ces to ensure that the proposed use would not be detrimental to public health and safety, in that the site is located in an urbanized area adequate- }.y served by existing infrastructure. 7. Public access to th~ proposed use will be adequate~ in that parking will be provided in the City parking structures. 8. The physical location ar placement vf the use on the site is compatible with and relates harmoniously to the sur- raundinq neighborhood~ in that the proposed alcohol lice~-- ses will be for a previously appraved food court which is consistent with the C3C district zoning. 9. The pzopased use is consis~ent with the goals, objectives, and policies of the General Plan, in that the Land Use El.ement af the General Plan encaurages restaurant uses an the Third Street Promenade. -z- 10. The proposed use wauld not be d~trimenta~ to the public interast, health, safety, aonvenience, or general welfare~ in that the proposed use is consistent with th~ Zoning Ordinance, the Third Street Mall Speeific P1an and the Land U~e Element of the General Plan. 11. The proposed use conforms precisely to the applicable per- formance standards cnntained in Subchapter 6, Sectian 905~ and special conditions outlined in Subchapter 7, Section 9055 of the City of Santa Monica Comprehensive Land Use and Zoning Ordinance, in that no performance standard per- mit is required. 12. The proposed use wi21 not result in an averconcentration of such uses in the immediate vicinity, in that the pra- posed alcahol Iicense will be far a food court with no bar area or enter~ainment, consistent with the goals and ob- jectives of the Third Street MaJ.l Specific Plan and in that the area is in the downtown portf.on of Santa Monica which is frequented by large numbers of local residents as we~.l as office workers, shoppers, movie patrons and visi- tors from outside the City. Furthermore, thi.s type of outlet has not contributed significantly to alcohol re-- lated problems in the downtown area. ALCOHOL OUTLET FINAINGS l. The proposed use and lacation are in accordance with goad zoning practice, in the public interest, and necessary that substantial justice be done in that the alcoho~. licenses wi].1 be for a previously approved food court with no bar area or entertainment. 2. The propased use will hot adversely affect the welfare of neighbarhaod residents in a significant manner in that the food court wi7.1 be located in a commercial area, away from any major residential uses, 3. The praposed usa will not contribute ta an undue concentration af alcohol outlets in the area in that food courts with no bar area or entertainment are not typically considered ta contribute to ab~ectionable prob~ems associated with alcohol outlets, and in that the area is in the downtown porti~n of Santa Monica which is frequented by ~arge numbers of local residents as well as office workers, shoppers, movie patrons and visitgrs from 4utside the area. Furthermore, this type of outlet has not contrilauted significantZy to alcohol related problems in the downtown area. 4. The proposed use will not detrimenta2ly affect nearby neighborhoods cons~dering the distance of the alcohol outlet to residential buildings, churches, schQols, hospitals, playgrounds, parks, and other existing alcohol autlets in that the cdnditions far appraval, such as the requirement that the estab~ishment nperate with na bar - 3 -- area or entertainment, will minimize the potential affect on the residential uses in the vicinity. 5. The proposed usa is compatible with existing and potential uses within the general area in that the food court is in a co~nercial and entartainment district, and a food court with a beer and wine license is compatible with permitted uses. 5. Tra€fic and parking congestion will nat result from the proposed use in that parking far the restaurant is available in the City parking structures. 7. The public hea~th, sa~ety, and general welfare are protected in that the project is consistent with the provisions of the Zoning 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 of approval wi11 ensure that the establishm~nt operates as a food court with no bar area ar entertainment. 9. The proposed use is consistent with the objectives of the General Plan in that the Land Use Element of the General Pian designates the area as the "Downtown Core" and enco~rages uses wh~ch attract nighttime activity. ALCOHOL OUTLET CONDYT~ONS 1. Alcohol shall anly be served in con~unction with the purchase of food. 2. The premises shall maintain a kitchen or food-serving area in which a variety of food is prepared ar-d cooked on the premises. 3. Food service shall be available during a11 hou~s the astablishment is open for business. 4. No alcohalic beverage shall be sold for consumption beyond the premises. 5. Permitted hours af alcoho~ service shall be 9:00 A.M. to 1;00 A.M. Sunday through Thursday, and 9:00 A.M. ta 2:00 A.M. Friday and Saturday. Alcahol service in any outdoor seating area shal~. cease ane haur in advance of the operating haurs oth~rwise permitted. 6. Alcohal shall not be sald in any disposable container such as dispasable piastic ar paper cup. 7. No video or other amusement games shall be permitted on the premises. - 4 - 8. No mare than 35~ of tatal gross revenues shall be fram alcohol sales. The operator of the business shall maintain racords o~ grass revenus saurcea which sha11 be available to the City of Santa Monica and the State ABC upon request. 9. For any minimum purchase per patron, establishments sha13 per~it the minimum ta be satisfied with the purchase of food, as we11 as alcoholic and non-alcoholic beverages. 10. Owners of the establ~shment shal~ prohibit Ioitering in the i7nmediate vicinity and shall contral noisy patrons leavinq the establishment, li. No expansion in number af seats ar intensity of operatfon shall occur without prior approval from the City o~ Santa Manica ar~d State ABC. 12. Frior to is~uance af an alcnhol l~.cense from tha ABC, the operator shall subntit a plan for approval by the Director o~ Planning regarding emplayee alCOhol awareness tra~ning pragrams and policies. The plan shall outline a mandatary alcoho]. awareness training program for all employe~s having contact with the p~blic and sha].~. state management's palicies addressing alcahol consumption and inebr~atian, The operatar shall provide City with an annual compliance report regarding compliance with this condition. This project shall be subject ta any future City-wide alcahol awareness training program candition affecting similar establishments. The plan shall aZso ~et forth a"designated driver" pragram, which shall be affered by the operatar af the establishment to patron~, 13. Prior to issuance of a Certificate of Occupancy, or a buszness license, as appl~.cable, the app~icant shall submit a sacurity pl.an to the Chief of Police for review and approval. The plan sha11 addrass both physical and operational security issues. 14. Final p].ans for any changes to exteriar design, zandscaping, trash enc~osures, andJar signage sha11 be subject to review and approval by the Architectural Review Board. 15. Minor amendments to the plans shall be subject to approval by the Director of Pl,anning. An increase of more than ~0~ of the square fao~.age or a significant change in the approved concept shall be subject to Planning Commission Review. Construction shall be in substantial conformance with the pZans submitted ar as modi~ied by the Planning Commission, ArchitecturaZ Review Board, or Director of Planning. 1&. The applicant shall campiy wzth all legal zequirements regarding provisions for the disabled, including those set _ ~ .. forth in the California Administrative Code, Title 24, Part 2. 17. Refuse areas, storage a~eas, and mechanical equipment shall be screened in accordance with Sec. 9127J.2-4 (SMMC). Re~use areas shall be of a size adeq~ate to meet on-site need. 18. The operation shall at a~l times be conductad in a manner nat detrimental to surrounding prop~rties or residents by reason of lights, noise, activities, parking, or other actions. 19. No noise generating campressors or other such equipment shall be placed adjacent ta neighboring residential buildings. 20. Within thirty {3~) days fram date of appraval (if approved) the applicant sha~l provide a copy of the Statement of official Action for this approval to the local offiCe of the S~ate Alcoholic Beverage Control department. 21. This permit sha~l expire one year from the effective date of approval un~ess required ABC permits are obtained and the alcohol perrnit is being utilized. One ninety (90) day extension of the one year period may be permitt~d if approved by the Directar of Planning. Applicant is on notice that an extension may not be granted if devalopment standards relevant ta the praject have changed ~ince project approval. 22. Each of the six food court tenant Conditional Use Permits shall be individually revocable, consistent with Section 9114.7 (SMMC). 23. Any subsequent lessees af the designated property ahall be bound to the terms and conditions of the Conditional Use Permit. 24. Thzs approval is far thase plans dated 07/15/92, a copy of which sha11 be maintained in the files af the City Plan- ning Division. Project development shall be consistent with such plans~ except as otherwise specified in these condit~ons of approval. VOTE Ayes: Ahdo, H~lbrook, Katz, Zane Nays: Genser, Olsen, Vazquez Abstain: Absent: - 6 - NOTICE If this is a final decision not subject to further appeal under the City of Santa Mon~ca Comprehensive La.nd Use and Zoning Or- dinance, the time within which judicial review af this decision must be sought is governed by CQde of Civil Procedure Section 1.094.6, which pravision has been adopted by the City pnrsuant to Municipal Code Section I400. I hereby certify that this Statement of Offiaial A~tion accurat~- ly reflects the final detsrminat~an of the Planning Cammission of the City og 8anta Manica. signature date Clarice £. Dykhouse, City Clerk Please Print Name and Title I hereby agree to the above conditions acknowledge that failur~ ta con-ply ~rith such aonstitute qrounds for potential revacatio approval. Applicant's Signature Print Name and Title PC/CCST927b DM of approval and ctamditians shall a ~f the permit - 7 - CITY COUNCIL BTATEMENT OF dFFICIAL ACTION PROJECT CASE NUMBER: Conditiona~ Use Permit 92-003d LOCATTON: 1315 3rd Street Promenade, ~pace D APPL~CANT: Christian Tit1~ CASE PLANNER: David Martin, Associata Planner REQUEST: Appeal of Planning Commission approval of a CQnditional Use Permit ta permit the issuance of a Type-41 (On-Sale Beer and Wine) alcohol license to be used in conjunction with a fast- food restaurant lacated in Space D of the Criterion Theater Plaza Food Court at 1315 3rd Street Promenade. CEQA STATUS: The praject is categorically exempt per the City of Santa Monica Guidelines for Imp~emen- tation of CEQA, Class I{14). CITY COUNCIL ACTION 11~I0/92 Date. Appraved based on the following findings and subject to the canditions below. Deni~d. XX Appeal d~nied; P~anning Commission approval upheld. EFFECTIVE DATE aF ACTION: 11/10/32 CaSe #CI7P 92-007d EXPIRATI~N DATE OF ANY PERMITS GRANTED: 11f10193 Case #CUP 92-007d LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATE: Any request for an extension of the expiration date must be received in th~ Planning and Zoning Division prior to expiration o~ this permit. 3 Manths Case ~CUP 92-007d - 1 - This CUP is for that area designated as Space "D" on those plans dated 07/15/92, on fi~e with the City Planning Division. / FINDINGS Z. The propos~d use is ane conditionally permitted within the subject district and complies with ail of the applicable provisions of the "City of Santa Monica Comprehensive Land Use and Zoning ardinance", in that an alcohol license in conjunction with a faod service is conditionally permitted in the C3C district of the Zoning Ordinance and in Zone 1 of the Third Street Mail Specific Plan. 2. The proposed use would not impair the integrity and character of the district in which it is to be establ~.shed or located, in that the Third Street Mall Specific Plan encourages food uses and alcohoZ service wil~ be ancillary to the food service function of the establishment. 3. The subject parcel is physically suitable for the type of land use being proposed, in that the parcel is a standard lot with no unusual characteristics. 4. The proposed use is compatible with any of the land uses presently on the subj ect parcel if the present land uses are to remain, in that the issuance of an alcoho]. ~icense is compatible with the previously approved food court. 5. The praposed use would be compatible with Existing and permissible l.and uses within the district and the ganeral area in which the proposed use is to be Iocated, in that the zoning of the site canditional~y permits the issuance of an alcahol license for food service establishments. 6. There are adequate provisions for water, sanitation, and public utilities and services ta ensure that the proposed use would not be detrimental to public health and safety, in that the site is lacated in an urbanized area adequate- ly se~ed by existing infrastructure. 7. Public access ta the proposed use will be adequate, in that parking wi11 be provided in the City parking structures. 8. The physicai location or placement of the use on the site is compatible with and relates harmoniQUSly to the sur-- rounding neighborhoad, in that the praposed alcohol licen- ses will be for a previously approved food court which is cansistent with the C3C district zoning. 9. The proposed use is consistent with the goa~s, objectives, and poli.cies of the General P1an, in that the Land Use Element af the General Plan encourages restaurant uses on the Third Street Promenade. _ 2 _ 10. The proposed use would not be detr~mentaZ ta the pub3ic interest, hea~th, saf~ty, canv~nience, or general walfare, in that the praposed use is consistent with the Zoning Ordinance, the Third Street Mall SpecifiC PZan and the Land Use Element of th~ General Plan. Z1. The praposed use confarms precisely to the applicable per- formance standards contained in Subchapter 6, Section 90~0 and specia2 conditions outlined in Subchapter 7, Sectian 9D55 of tha City af Santa Monica Camprehensiv~ Land Use and Zoning Ordinance, in that no performance standard per- mit is required. 12. The proposed use will not result in an overconcentration of such uses in ~he immediate vicinity, in that the pro- posed alcohol IxcenS~ wi11 be ~or a food caurt with no bar area or entertainment, consistent with the goals and ob- jeetives of the Th~rd Street Mall ~pecific Plan a~d in that the area is in the downtown porti.on of Santa Manica which is frequented by large numbers of local residents as well as office workers, shoppers, mavie patrans and visi- tors from outside the City. ~urthermare, this type of outlet has nat cantributed significantly to alcohol re- lated problems in the downtown area. P.LCOHOL OUTLET ~'INDII3GS l. The proposed use and lacatian are in accordance with good zanzng practic~, in the public interest, and necessary that su~stantial justice be done in that the 2l~GOhpl licenses wi~l be far a previ~usly approved foad caurt with no bar area or entertainment. 2. The proposed use will not adversely affect tha wel€are af neighborhood resid~nts in a significant manner in that the foad court wi1.1 be located in a commercial area, away from any major residential uses. 3. The prapased use w~.l~ nat contribute to an undue concentration of alcahol ~utlets in the area in that food courts with no bar area or entertainment are not typically considered to contribute ta ab~actional~le prohZems assaciated with alcohol outlets, and in that the area is in the downtown partian at 5anta Monica which is frequented by large numbers of Zocal resid~nts as we17. as oPfice workers, shoppers, ma~rie patrons and visitors fram outside the axea. Furthermoxe, this type of outlet has not con~ributed significantly to alcohol related prablems in the downtown area. 4. The proposed use will not datrimentally affec~ nearby neighborhaads consideri.ng the distance of the alcahol outl.et to residential buildings, churches, schools, hospitals, pl.aygrounds, parks, and other existing ~lcohol outlets in that the condi~ions far appro~cral, suGh as the requirement that the establfshment operate wa.th no bar - 3 - area or entertainment, will minimize the potentia2 affec~ an the residentiaZ uses in the vicinity. 5. The proposed use is compatible with existing and potential uses within the general area in that the food court is in a commercial and entertainment district, and a food caurt with a beer and wine license is compatible with permitted uses. &. Traffic and parking canges~ion wi11 not result from the proposed use in tha~ parking for the rea~aurant is available in the City parking structures. 7. The public health~ safety~ and general welfare are protected in that the project is consistent with the provisians of the Zoning Ordinance, the Third Street Mal~ Specific Plan and the Land Use Element of the Gen~raZ Plan. 8. No harm t~ adjacent properties will result in that the conditions of appro~ai will ensure that the establishment operates as a faad caurt with no bar area or entertainment. 9. The praposed use is consistent with the objecti~es of the Ganara~ Plan in that the Land Use Element of the Gen~ral Plan designates the area as the "Downtawn Core" and ~ncourages usQS which attract nighttime activity. ALCOH~L OUTLET CONDITIONS 1. Alcoho~ shall anly be servad in conjunction wzth the purchase of foad. 2. The premises shal~ ma intain a kitchen ar food-serving area in which a variety of food is prepared and cooked an the premises. 3. Food service sha11 be availab~e during al.l hours the establishment is apen for business. 4. No a~coholic beverage ahall be sold for consumptxon beyond the premises. 5. Permitted hours af alcohol service shall lae 9:00 A.M. to I: 0 0 A. M. Sunday through Thursday, and 9: 0 0 A. NI . ta 2:~ 0 A.M. Friday and Saturday. Alcohol service in any outdoar seating area shall cease one hour ~n advance of the operating hours otherwise permitted. 6. Alcohol shall not }ae sold i.n any disposable cantazner such as disposable plastic or paper cup. 7. No video or other an~usement games shall be permitted an the pre~nises . ~ 4 - 8. Nv mare than 35~ of total gross revenues shall be from a~cohol sales. The operator of the business shall maintain reoords o~ grass revenue sources which shall be availabZe to the City of Santa Monica and the State ABC upon requast. 9. Far any minimum purchase per patron, establishments sha~l permit the minimum to be satiafied with the purchase of food, as well as alcohalic and non-alcoholic beverages. 10. Oranars of the establishm~nt ahall prohi~it loitering in the immediate vic~nity and shall control noisy patrons ].eaving the establ~.shment. 11. No expansian in number of seats or intensity of operation shall occur without prior approva~ from the City o£ Santa Manica and State ABC. 12. Prior to issuance af an aZcohal license from the ABC, the operator shall sulamit a plan for approval by the Directar of Planning regarding emp].oyee alcohol awareness training programs and paZicies. The plan shall outline a mandatary alcohol awareness training pragram for all employees having contact with the public and shall state management's policies addressing alcohol consumption and inebriation. The oparator shall provide City with an annual compliance report ragarding compliance with this cond~tion. This project shall be subject to any future City-wide alcohol awareness training program condition affecting similar e~tablishment5. The plan shal~ also set farth a"de~ignated driver" program, which shall be offered by the operator of the establishment to patrons. 13. Prior to issuance of a Certificate 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 operatianal security issues. 14. Fina1 plans for any changes to exterior design, landscaping, trash enclasures, and/or signage shall be subject to review and apprava~ by the Architectural Review Board. ].5. Minor amendments ta the plans shall be subject to approval by the Director of Planning. An increase of more than 10~ of the square footage or a signifi,cant change in the approved concept shall lae subject to Planning Cammissian Review. Construction shall be in substantial conformance with the plans subm~tted or as modi~ied by the Planning Cammission, Architectural Revi~w Board, or Director of Planning. 16. The applicant shall comp~y with aJ.l legal requirements regarding provisions for the disabled, including those set - 5 - forth ~n the Californ~a Administrative Code, Title 24, Part 2. 17. Refuse areas, starage areas, and mechanical equipment shall be ~creened in accordance with Sec. 9127J.2-4 (SNIIrIC) . Refuse areas sha11 be vf a size adequate to meet on-sa.te need. 18. The operation shall at all times be canducted in a manner not detrimental to surraunding prvperties or residents by reason of ~ights, noise, activities, parking, or ather act~.ons . 19. No noise generating compressors or ather such equipment shall be plac~d adjacant to neighboring residentia7. buildings. 2D. Within thirty {30} days from date of appr~va~ (if approved) the applicant shall provide a copy of the Statement of Official Action for this approval to the lacal office of the State Alcoholic Beverage Control department. 21. This permit shall expire one year from the effective date of approval unless required ABC permits are obtained and the alcohol permit is being utilized. One ninety (90} day extension of the one year periad may be permitted if approved by the Director af Planninq. Applicant is on notice that an extensian may not be granted if development standards relevant to the project have changed since pro~ect approval. 22. Each of the six food court tenant Conditi~nal Use Permits shall be individually revacable, consistent with Section ~ii4.~ {sr~C} . 23. Any subsequent lessees of the de~ignated property shall be baund to the ter~s and canditions of the Conditional Use Permit. 24. This approval is far thase plans dated 07/15/92, a capy of which shall be maintained in the files of the City Plan- ning Division. Pro~ect development sha11 be consistent with such plans, except as otherwise ~pecified in these conditions of approval. VOTE Ayes: Abdo, Holbraok, Katz, Zane Nays: Genser, Olsen, Vazquez Abstain: Absent: - 6 - NOTICE If ~his is a final decisfon not subject the City of Santa Monfca Camprehansive dinance, the time ~rithin which judicial must be sought is go~erned by Code of 1094,6, which provision has heen adopted Municipal Code Section 24Q0. ~ hereby certify that this Statement ly reflects the final determination the City of Santa Monica. signature Clarice E. Dykhouse Please Print Name and Title I hereby agree to the above conditions acknowledqe that failure to comply ~ith such constitute grounds for potential revocati.o approval. Applicaht's Signature Print Name and Title PC/CCST927a DM to further appeal under Land Use and Zoning Or- review of this decision Civil Procedure Section by the City pursuant to of official Action accurate- of the Planninq Commission of date of approval and COAd~t~O]]3 S$tlll a cf the permit - 7 - CITY COUNCIL STATEMENT OF pFFICTAL ACTION PR~JECT CASE NUMBER: Conditional Use Permit 92-OQ7f L~CATION: 1315 3rd 5treet Promenade, Space F APPLICANT; Christian Title CASE PLANNER: David Martin, Associate P~anner f ' / .~ REQUEST: Appeal of Planning Commission approval af a Conditional Use Permit to pez`~nit the issuance of a Type-4]. (On-Sale B~er and Wine) alcohol license to be used in con~unction with a fast-- food rastaurant located in Space F of the Criterion Theater PZaza Food Court at 1315 3rd Street PromBnade. CEQA STATLTS: The project is categori.cally exemp~ ger the city of Santa Monica Guidelines ~ar Implemen- tatian of CEQA, Class 1(14). CI`~Y COUNCIL ACTION I1/10/92 XX Date. Approved based on th~ following findings and subject to the canditions below. Denied. Appeal denied; Planning Commissian approval upheld. EFFECTIVE DATE OF ACTION: 11/10~92 Case ~CUP 92-007f EXPIRATIDN DATE 4F ANY PERMITS GRANTED: ~1f 10/93 Case #CUP 92-OD7f LENGmH ~F ANY POSSIBLE EXTENS24N OF EXPIRATION DATE: Any request for an extension of the expirat~on date must be rec~ived in the Planning and Zoning Divisian prior to expiration of' this permit . 3 Months Case #CUP 92-Ob7f - 1 - This CUP is for that area designated as Space "F" on those plans da~ed 07J15J92, on file with the City Planning Divisian. FINDINGS 1. The proposed use is one conditianally 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", in that an alcohol ].icense in conjunction with a food service i~ conditianally permitted in the C3C district of the Zoning Ordinance and in Zone 1 of the Third Street Mall Speci~ic Plan. 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 the Third Straet Ma].l Specific Plan encourages food ~ses and alcahol ~ervice will be anci~Iary to the food service function of the establishment. 3. The subject parcel is physically suitable for the type of land use being proposed, in that the parcel is a standard lot with no unusual characteristics. 4. The proposed use is compatible wa,th any of th~ land usas presently on the subject parcel if the present land uses are to remain, in that the issuance of an aZcohol ~icense is campatible with the previousl~r approved faod court. 5. The proposed use would lae compatibZe with existing and permissible land uses within the district and the generaZ area in which the proposed use is to be located, in that the zoning of the site conditionally permits the issuance of an alcohol license for food service establishments. 6. There are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to pub3ic he~lth and safety, in that the site is ~oca~ed in an urbanized area adequate- ly served by existing infrastructure. 7. Public access to the praposed use will be adequate, in that parkinq will be pro~~ded in the City parking structures. 8. The physical location or placement of the use on the site is campatible with and relates harmoniously to the sur- rounding neighborhood~ in that the proposed alcohol licen- ses will be for a previously appraved food court which is consistent with the C3C district zoning. 9. The propas~d use is consis'tent with the goals, objectives, and p~licies of the GeneraZ PZan, in that the Land Use Element of the General Plan encourages restaurant uses on the Third Street Promenade. - 2 - 10. The proposed use wouZd not be detrimental ta the public interest, health, safety, convsnience, or general welfare, in that the proposed use is consistent with the Zoning Ordinance, the Third Street Mal~ Specific Plan and the Land Use Element of the General Plan. 11. The proposed use confarms precisely to the applicabZe per- farmance standards contained in Subchapter 6, Section 9050 and speoial conditions outlined in Subchapter 7, 8ection 9055 of tha City of Santa Monica Comprehensive Land Use and Zoning Ordinance, in that no performance standard per- mit a.s required. ].2. The praposed use will not result in an overconcentration of st~ch uses in the immediat~ vicinity, in that the pro- posed aZcohal license wi11 be for a food court with no bar area or entertainment, consistent with the gaals and ob- jectives of the Third Straet Mall Specific Plan and in that the area is in the downtown portion of 5anta Monica which is frequented by large numbers of local residents as well as office workers, shoppers, movie patrons and visi- tars from autsid~ the City. Furthermore, this type of outlet has not contributed significantly to alcohol re- lated prob~ems in the downtown area. ALCOHOL OUTLET FINDINGS 1. The proposed use and location are in accordance with good zoning practica, in the public interest, and necessary that substantial justice be done in that the a~cohol licenses wi.ll be €or a previous~y approved faod court with no bar area or entertainment. 2. The prapased use will not adversely affect the weJ.fare of neighborhflod residents in a significant manner in that the food cour~ will be located in a commercial area, away fram any major residential uses. 3. The proposed use wiil not contribute to an undue concentration of alcohol outlets in the area in that food courts with no bar area or entertainment are nat typically considered to contrilaute ta objectionable proble~rts assaciated with alcohol outlets, and in that the area is in the downtown portion of Santa Monica which is frequented by large numbers af local residents as well as office workers, shoppers, movie patrons and visitors from autside the area. Furthermore, this type of outlet has nat contributed significantly to alcoho~ related problems in the downtawn area. 4. The propased use will not detrimentally affect nearby neighborha~ds considering the distance of the alcoho~ autlet to residential buildings, churches, schools, hospitals, playgrounds, parks, and other existing alcohol autlets in that the conditions for approval, such as the requirement that the establishment operate with na bar -- 3 - area or entertainment, will minimize the potential affect on the residential uses in the vicinity. 5. The praposed use is compatible with existing and potential uses within the general area in that the food court is in a commercial and entertainment district, and a food court with a beer and wine license is compatible with perinitted uses. 6. Traffic and parking congestion wil~ not result fro~ the proposed use in that parking for the restaurant is available in the City parking structures. 7. The public health, safety, and general welfare are protected in that the project is consistent with the pravisions of the Zoning ~rdinance, the Third Strest Ma11 Specific Plan and the Land Use Element af the General Plan. 8. No harm to adjacent properties wi11 result in that the conditions of approva~ will ensure that the establishment operates as a food court with no bar area or entertainment. 9. The proposed use is consistent with the objectives of the Genera~ Plan in that the Land Use Element of the General Plan designates the area as the "D~wntawn Core" and encourages uses which attract nighttzme activity. ALCdHOL OUTLET CONDITIONS l. Alcohol shall anly be served in conjunction with the purchase of food. 2. The premises shall maintain a kitchen or food-serving area in which a var~ety of food is prepared and cooked on the premises. 3. Food service shall be available during all haurs the establishment is open for business. 4. No alcnholic beverage shall be sold for consuinptian beyond the premises. 5. Permitted hours of alcohal service shall be 9:00 A.M. to 1:00 A.M. Sunday through Thursday~ and 9:00 A.M. to 2:00 A.M. Friday and Saturday. AlcohaZ aervice in any autdoor seating area ~hal], cease one hour in advance of the operating hours atherwise permitted. 6. Alcoho7. shalZ not be sold in any disposable container such as disposable plastic or paper cup. 7. No video or other ainusement gantes shall be permitted on the premises. - 4 - 8. No more than 35~ of total gross revenues shall be from alcohol sales. The aperatar of the business shall maintain records of gross revenue sources which Shall be available ta the City of Santa Manica and the State ABC upon request. 9. Far any minimu~n purchase per patron, establishments shall permit the minimum to be satisfied with the purchase of food, as well as alcoholic and non-alcoholic beverages. 10. Owners of the establishment shall prohibit loitering in the immediate vicinit~s and sha~l control noisy patrons leaving the establishmant. 11. No expansion in number of seats or intensity of operation shall occur without prior approval from the City of Santa Monica and State ABC. 12. Priar to issuance of an alcahol license fram th~ ABC, the operator shall submit a plan for approval by the Directar of Planning regarding employee alcohol awareness training programs and policies. The p~.an shall outline a mandatory alcohol awareness training proqram for all employees having contact with the public and shall state management's palicies addressing alcohol consumption and inebriation, The operatar shall provide City with an annual compliance report regarding compliance wi.th this condition. This project shall be subject to any future City-wide alcohol awareness training pragram condition affecting similar establishmen'ts. The plan shall also sat forth a"designated driver" program, which shall be ~ffered by the operator Qf the estabZishment to patrons. 13. Prior to ~ssuance of a Certificate 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 aperational security issues. ~4. Final plans for any changes to exteri~r d~sfgn, landscaping, trash enclosures, and/or signage shall be subject to review and appr~val by the Architectural. Review Board. 15. Minor amendments to the p].ans sha~l be subject to approval by the Director of Planning. An increase of more than lOg of the square footage ~r a significant chanqe in the approved concept shall be subject to Planning Commission Review. Construction shal.l be in substantial conformance with the plans submitted or as modified by the P~anning Commission, Archa.tectural Review Baard, ar Director af Planning. 16. The applicant shall comply with all legal requirements regarding provisians ~or the disabled, including those set - 5 - forth in the California Administrative Code, Title 24, Part 2. 17. Refu~e areas, storage areas, and mechan~cal equipment shall be screened in accordance with Sec. 9127J.2-4 (SY~IC). Refuse areas shall be of a size adequate to meet an-site need. 18. The operatian sha~l 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. 19. No noise generating compressors or other euch equipment sha~l be placed adjacent to neighboring residential buildings. 20. 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 ta the local office of the State Alcoholic Beverage Control department. 21. This permit ahall expire ane year from the ~ffective date of approval unless required ABC permits are abtained and the alcohol permit is being uti~,ized. One ninety (90) day extension of the one year periad may be permitted i.f approved by the Direotor of Planning. Appl~cant is on notice that an extension may not be granted if development standards relevant ta the project have changed since project approval. 22. Each of th~ six food court tenant Conditiona~ Use Permits shall be individually revocable, cansistent with Section 9114 . 7 ( SMMC ) . 23. Any subsequent lessees of the designated property shall be bound ta the tern-s and conditians of the Canditional Use Permit. 24. This approval i.s for thase plans dated O7/15/92, a cQpy of which shall be maintained in the files o~ the City P~an- ning Divisian. Project development shall be consistent with such pZans, except as otherwise specified in these conditions of approval. VOTE Ayes: Abdo, Holbrook, Ka'tz, Zane Nay~: Genser, Olsen, Vazquez Abstain: Absent: - 6 -- NOTIC~ If this is a final decfsion not subject to further appeal under the City af Santa Monica Comprehansive Land Use and Zaning Or- dinance, the ti~ne within which judicial review of this decision must be sought is governed by Code af Civil Procedure Section 1094.b, which provision has been adopted by the City pursuant to Municipal Code Section 1400. I hereby certi~y that this statement a~ official Aation accurate- ly reflects the final determination of the Planninq Commission of the City of 8anta Monica. signature date Clarice E. I3ykhouse Please P~int Name and Title I hereby agree tv the above conditian~ acknawl~dge that failurs to camply with such constitute qrounds for potential revaoation approva].. Applicant's Signature Print Name and Title PG/CCST927f DM vf approval a-nd can~ition~s sha13 of the permit - 7 - CTTY COUNCIL STATEMENT OF OFFICIAL ACT~ON PROJECT CASE NUMBER: ConditionaZ Use Permit 92-007g LOCATION: 1325 3rd Street Promenade, Space G APPLICANT: Christian Title CASE PLANNER: David Martin, Assaciate Planner REQUEST: Appeal of Planning Commission approval of a Conditianal Use Permit to permit the issuance of a Type-4Z (On-Sale Beer and Wine) alcohol license to be used in conjunctian with a fast- food restaurant located in Space G of the Criterion Theater Plaza Food Caurt at 3315 3rd Street Promenade. CEQA STATUS: The praject is categorically exempt per the City of Santa Monica Guidelines for Implemen- tation of cEQA, class 1(3.4}. CITY COUNCIL ACTION 11/].4~92 xX Date, Approved based on the following findings and subject to the canditions below. Denied. Appeal denied; Planning Ca~ission approva~ upheld. EFFECTIVE DATE OF ACTION: 11/10/92 Case ~CUP 92-007g EXPIRATION DATE OF ANY PERMITS GRANTED: 11/1O193 Case #CUP 92-007g LEI3GTH QF ANY POSSIBLE EXTENSI~N OF EXPIRATI~N DATE: Any request far an extension of the e~iration date must be received in the Planning and Zoning Division prior ta expiration of this permit, 3 M~nths Case #CUP 92-007g - 1 -- Th~s CUP shal~ be far that area designated as Space "G" on those pZans dated 07/15/92, on file with the City Planning Division. FTNnTNG~ ~. The proposed use is one canditionalZy permitted within the subject district and camplies with all of the applicable provisions of the ~~C~ty af santa Monica Comprehensive Land Use and Zoning Ordinance", in that an alcahol license in conjunction with a food service is conditionalZy permitted in the C3C district of the ~on~ng Ordinance and in Zone 1 of the Third Street Ma).Z Speci~ic Plan. 2. The proposed use would not impair the inteqrity and charactar of the district in which it is to be established or located, in that the Third Street Mall Specific Plan encaurages faod uses and alcohol service will be anci~lary ta the food service function of the establishment. 3. The subject parcel is physically suitable for ~he type of land use being proposad, in that the parcel is a standard lat with no unusual characteristics. 4. The praposed use i~ compatible with any af the land uses presently an the subject parcel if the present Iand uses are to remain, in that the issuance of an alcohol license is campatible with the previously appraved food court. 5. The proposed use WOIiIC~ be compatible with existing and permiss~ble land uses within the district and the general area in which the proposed use is to be located, in that the zanzng of the si~e conditiQnally permits the issuance of an alcohol Iicense far food service establishments. 6. There are adequate provisions for water, ~anitatian, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety, in that the s~.te is located in an urbanized area adequate- ly served by existing infrastructure. 7. Public access to the proposed use will be adequate, in that parking will be provided in the City parking atructures. 8. The physicaZ location or placement of the use on the site is compa~ibl.e with and relates harmaniously to the sur- rounding neighborhood, in that the p~aposed alcahol licen- ses wi~i be far a previausly approved foad caurt which is consistent with the C3C district zoning. 9. The proposed use is consistent with the goals, objectives, and palicies of the General Plan, in that the Land Use Element of the Genera2 Plan encourages restaurant uses on the Third Street Promenade. - 2 - 10. The proposed use would not be detrimental to the public interest, health, safety, convenience, or general welfare, in that the praposed use is consistent with the Zoning Ordinance~ the Third Street Mall Specific Plan and the Land Use Element of tha Ge~aral Plan. 11. The propased use conforms precisely to the applicable per- formance standards contained in Subchapter 6, Section 9050 and special conditions outlined in Subchapter 7, Section 9D55 of the City of Santa Monica Comprehensive Land Use and Zoning Ordinance, in that no performance standard per- mit is required. 12. The praposed use will not result in an overconcentration of such uses in the immediate vicinity, in that the pro- posed alcohol license will be for a food court with no bar area ar entertainment, consistent with the goals and ob- jectives of the Third Street Mall Specific Plan and in that the area is in the downtawn portion of Santa Monica which is frequent~d by large numbers of local residents as well as office warkers, shoppers, movie patrons and visi- tars from autsida tha City. Furthermor~, this typ~ of out~.et has not contributed significantly to alcohol re- lated prob~ems in the dawntown area. ALCOHOL OUTLET FINAINGS 1. The proposed use and location are in accordance with goad zoning practice, in the pub~ic interest, and necessary that substantial justice be done in that the alcohol licenses will be for a previously approved food court wa.th no bar area or entertainmant. 2. The propased use wi~l not advarsely affect the welfare of neighborhood residents in a s~.gnificant manner in that the food court wil~ be located in a commercia~ area, away from any major residential uses. 3. The proposed usa will not contribute to an undue concentration of alcohal 4utlets in the area in that faod courts with no bar area or antertainment are not typica~.ly considered to contribute to objectionable problams associated with aZcohol outlets, and in that the area is in the downtown portion of Santa Monica which is frequ~nted by ].arge numbers of lacal residents as well as office workers, shoppers, mavie patrons and visitors from outside the area. Furthermar~, this type of outlet has not contributed significantly to alcohol reZated problems in the downtown area. 4. Th~ proposed use will not detrimentally affect nearby neighbarhoads considering tha distance af the alcohol outlet to residential bui~dings, churches, schaals, hospitals, playgrounds, parks, and ather existing alcohol outlets in that the canditions for approval, such as the requirement that the establishment operate with n~ bar - 3 - area or entertainment, wi11 minimize the potential affect an the residential uses in the vicinity. 5. The proposed use is compatible with existing and potential uses within the general ar~a in that the food court is in a commerc~al and entertainment district, and a food court with a beer and wine license is compatible with permitted uses. 6. Tra~fic and parking congestian will not result from the propased use in that parking for the restaurant is avaiZable in the City parking structures. 7. The public health, safety, and general welfare are protected in that the project is consistent with the pravisions of the Zoning Ordinance, the Third Street Mall Specific Plan and the Land Use Element of the General P1an. 8. No harm to adjacent properties will result in that the c~nditions of approval will ensure that the estab~ishment operates as a food caurt 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 Generai Plan designates the area as the "Downtown Core" and encaurages uses which attract nighttime activity. ALC~HOL OUTLET CONDITIONS l. Alcohol. shall only be served in conjunction with the purchase of faad. 2. The premises shali maintain a kitchen or foad-serving area in which a variety of food is prepared and cooked on the premises. 3. Food service shail be available during all hours the establishment is open for business. 4. No alcohoZic beverage shall be sald for consumption beyand the premises. 5. Permitted hours of alcahol service shail ba 9:00 A.M. to 1:00 A.M. Sunday thraugh Thursday, and 9:00 A.M. to 2:00 A.M_ Friday and Saturday. A~.cohoi service in any outdoar seating area shall cease one hour in advance of the operating hours otherwise permitted. &. Alcohal shall not be sold in any disposable cantainer such as dispasable p~astic ar paper cup. 7. No video or ather amusement games shall be permitted on the premises. - 4 - 8. No more than 35~ o~ total gross rev~nues shall be fram alcohoZ sales. The aperator of the business shall maintain recoxds of gross revenue saurces which ahall be available to the City of Santa Monica and the State ABC upon request. 9. For any minimum purchase per patron, estab~ishments shall pern~it the minimum to be satisfied with the purchase of food, as well as alcohalic and non-alcoholic beverages. 1.0. ~wners of the establishment shall prohibit ~.oitering in the immediate ~icinity and shall cantrol naisy patrons leaving the establishment. 11. No expansian in number of seats or intensity af operation shall occur without prior approval from the City of Santa Monica and State ABC. 12. Prior to issuance of an alcohol license frox~ the ABC, 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 cantact with ~he public and shall state management's policies addressing alcohol c~nsumption and inebriation. The operator shalZ provide City with an annual coMpliance report regarding compliance with this condition, This project sha11 be subjeet to any futura City-wide alcohol awareness training pragram condition affecting similar establishments. The plan shall also set forth a"designated driver" program, which shall ]ae offered by the operator of the establishment ta patrons. 13. Prior to issuance of a Certificate of occupancy, or a business license, as applicable, the applicant sha11 submit a security plan to the Chief af Police for review and approval. The plan sha].1 address both physical and operational security issues. 14. Final plans for any changes to exterior design, landscaping, trash enclosures, andJor signage shall be sub~ect to review and approval by the Architectural Review Board. 15. Minor amendments to the plans sha~l be subject to approval by the Directar of Planning. An increase of more than 10~ of the square footage or a significant change in the approved concept shall be subject to Planning Commission Review. Canstruct~an shall be in substantial conformance with the plans submitted or as modified by tha Planning Commission, Architectural Review Board, or Director of Planning. ~6. The applicant Shal~ comply with aZl legal requirements regarding pravisions for the disabled, including those s~t - 5 - forth in the Ca~ifornia Administrative Code, Title 24, Part 2. 17. 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. 18. The op~ration shall at all times be conducted in a manner not detrimental to surraunding properties or res~dents by reason af lights, noise, activities, parking, or other actions. 19. No nozse generating compressors or other such equipment shaZl be p~aced adjacent to neighboring res~dential buildings. 20. Within thirty (30) days from date of approval (if approved) the applicant shall provide a copy of the Statement of O~ficial Actian for this approvai to th~ local office of the State A~coholic Beverage Cantrol department. 21. This permit shall expire one year from the effective date of approval unless required ABC permit~ are obtained and the alcohol permit is being uti.iized. One n~nety (90} day extension of the one year period may be permitted if approved by the Directar of Planning. Applicant is on notice that an extension may nat be granted if developmant atandards relavant to the praject have changed since project approval. 22. Each o~ the six food court tenant Conditional Use Parmits shall be individually revocable, consistent with Sectian 9114.7 (SMMC). 23. Any subsequent lessees af th~ designated property shall be bound to the terms and conditions of the Conditional Use Permit, 24. This appraval is for those plans dated 07/I5/92, a copy of which sha11 be maintain~d in the files af the City P~an- ning Division. Project deve].opment shall be consistent with such plans, excapt as otherwis~ specified in these conditions of approval. VOTE Ayes: Abda, Holbrook, Katz, Zane Nays: Genser, Qlsen, Vazquez Abstair~: Absent: - 6 - NoTZCE If this is a final decision not subject to further appeal under the City of Santa Manica Comprehensive Land Use and Zoning Or- dinance, the time within which judicial r~view af this decisian must be sought is gaverned by Cade of Civil Proaedure Section 1094.6, which provision has been adopted by the City pursuant to Municipal Code Sectian 1400. I hereby certify that this Statemeat ot Of€icial Action accurate- ly reflects the final determination of the Planning Cammissian of the City of Banta Monica. signature date Clarica E. Dykhause Please Print Name and Title I hereby agree tv the above aonditions of approval and ackno~ladge that ~ailure to comply with su~h conditions shall aonsti~ute qrcunds for pntentiaZ revocatian of the permit approval. Applicant's 5ignature Print Name and Title PC/CCST927g DM - 7 - CITY COUNCIL STATEMENT OF OFFICIAL ACTION PROJECT CASE NUMBER: Conditional Use Permit 92-0~7h LOCATION: 13Z5 3rd Street Promenade, Space H APPLICANT: Christian Title CASE PLANNER: David Mar~in, Associate Planner REQUEST: Appeal af Planning Commission approval of to permit the isauance of a Type-41 ~On-Sale Beer and Wine) alcahol license to be used in can- junction with a fast-food restaurant located in Space H of the Criterion Theater Plaza Food Court at I315 3rd Street Promenade. CEQA STATUS: Tha project is categorical~y exempt per the City af Santa Monica Guidelines for Implemen- tation of CEQA, C~ass 1(14). CITY COUNCIL ACTI~N 1z/10192 XX Date. Approved based on the following f~ndings and subject to the c~ndition~ be].aw. Denied. Appeal denied; Planning Commission approval upheld. EFFECTIVE DATE OF ACTION: 11~10/92 Case #CUP 92-007h EXPIRATION DATE OF ANY PERMITS GRANTED: IZ~10~93 Case #CUP 92-007h LENGTH OF ANY PaSSIBLE EXTENSION OF EXPIRATION DATE: Any request far an extension af the expiratian date must be received in the Planning and Zoning Division prior to expiration of this permit. 3 Months Case #CIIP 92-007h - 1 - This CUP shall be far that area designated as Space "H" on those plans dated o7/15/92, an file with the City Planning Division. FINnTNGS 1. The proposed uae is one conditionally permitted within the ~ubject district and comp~ies with all of the applicable provisions of the "City of Santa Monica Camprehensive Land Use and Zoning ardinance", in that an alcohol license in conjunction with a foad service is canditionally permitted in the C3C district of the Zoning Ordinance and in Zone 1 of the Third Street Mall Specific Plan. 2. The proposed use would not impair the integrity and character of the district in which it is to be established ar located, in that the Third Street Mall Specific Plan encaurages food uses and alcohol service wi1Z be ancillary to the foad service function of the estab~ishment. 3. The subject parcel is physically suitable for the type of ~and use being propased, in that the parcel is a standard lot with no unusual characteristics. 4. The proposed use is compatible with any af the land uses presently on the subject parceI. if the present land uses are to remain, in that th~ issuance of an alcohol license is compatible with the previausly approved food caurt. 5. The proposed use would be compatible with existing and permissible land uses within the district and the general area in which the proposed use i.s to be located, in that the zoning of the site conditionally permits the issuance of an alcahol license for food service establishments. 6. ThEre are adequate pravisions for water, sanitation, and pubiic utilities and services to ensure that the proposed use would not be detrimental to public health and safety, in that the site is located in an urbanized area adequate- ly served by existing infrastructure. 7. Public access to the praposed use wil.I be adequate, in that p~rking will be provided in the City parking structures. 8. The physical locatian or p~acement of the use on the site is compatible with and relates harmoniously to the sur- rounding neighborhood, in that the propased alcehol licen- ses raill be for a previously approved foad court which is consistent with the C3C district zoning. 9. The proposed use is consi~tent with the goals, objectives, and policies of the General Plan, in that the Land Us~ EZement of the General Plan encourages restaurant uses on the Third Street Promenade. - 2 - 10. The proposed use would not be detri~ental to the public interest, health, safety, convenience, or general welfare, in that the proposed use is consistent with the Zoning Qrdinance, the Third Street Mall Specific Plan and the Land Use EZement of the General Plan. 11. The propased use conforms precisely to the applicable per- formance standards contained in Subchapter 6, Section 9050 and speci~l conditions autlined in Subchapter 7, Section 9055 of the City of Santa Monica Comprehensive Land Use and Zoning Ordinance, in that no performance standard per- mit is required. 12. The proposed use wi11 not result in an overcancentratian of such uses in the immediate vicinity, in that the pro- posed alcohol license will be for a food caurt with no bar area or entertainmen~, consistent with the gaals and ab- jectives of the Third Street Mall Speci€ic Plan and in that the area is in the downtown portion of Santa Monica which is frequented by large numbers of lacal residents as w~ll as offic~ workers, shoppers, mavie patrans and visi- tors from outside the City. Furthermore, this type of outlet has not contributed significantly to alcohol re- lated problems in the downtown area. ALCOHOL ~UTLET FINDINGS 1. The proposed use and lacation are in accardance with good zoning practice, in the public interest, and necessary that substantial justice be done in that the alcohol licenses will be far a previously approved food court with no bar area ar entertainment. 2. The propased use will not adversely affect the welfare of neighborhoad residents in a significant manner in that the food court will be located in a commercial area, away from any major residential uses. 3. The proposed use will not contribute to an undue cancentratian of alcahol autlets in the area in that food courts with no bar area or entertainment are not typically cansidered to cantribute to objectionable problems assoca.ated with alcohol outlets, and in that the area is in the downtown portion of Santa Manica which is frequented ]ay large numbers of local residents as well as office workers, shoppers, mo~ie patrons and visitors ~ram outside the area. Furthermore, this type of out~et has not contributed significantly to alcohol related prob~e~s in the downtown area. 4. The proposed use will not detr~mentally affect nearby neighborhoods considering the distance of the alcohol outiet t~ residential buildings, churches, schoals, hospitals, playgrounds, parks, and other existing a].coho]. outlets in that the conditions for approval, such as the requirement that the establishmen~ operate with na bar - 3 - area or entertainment, will minimize the potential aff~ct on the residential uses in the vicinity. 5. The proposed use is compatible with existing and potential uses within the general area in that the foad court is in a cammercial and entertainment district, and a food court with a beer and wine license is compatible w~th permitted uses. 6. Traffic and parking cangestion will not result from the proposed use in that parking for the restaurant is availabl~ in the City parking structures. 7. The public health, safety, and general welfare are protected in that the project is consistent with the provisions of the Zoning Ordinance, the Third Street Mall Specific Plan and the Land Use Element of the General Plan. 8. No harm to adjacent prQperties wi11 result in that the conditions of approval will ensure that the establishment operates as a faod cour~ 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 COY'~~F and encourages uses which attract nighttime activity. ALCOHOL OUTLET C4NDITIONS l. Alcohol shall only be served in con~unctian with the purchase of food. 2. The premises shall maintain a kitchen or food-serving area in which a var~ety af foad is prepared and cooked on the premises. 3. Food service shall be available during all hours the estab~ishment is apen for business. 4. No alcoholic beverage shall be soZd for consumption beyond the premises. 5, Permitted hours of alcahal service shall be 9;00 A.M. to 1:00 A.M. Sunday thraugh Thursday, and 9:00 A.M. to 2:00 A.M. Friday and Saturday. Alaohol service in any outdoor seating area shall cease one hour in advance of the operating hours otherwise pe~mitted. 6. Alcohol sha11 not be sold in any dispasab~e container such as disposable plastic or paper cup. 7. No video or other amusement games shall be permitted on the premises. - 4 - 8. No more than 35$ of total gross revenues shall be from alcflhol sales. The operator af the business shall maintain records of gross revenue sources whiah shali be available to the City of Santa Manica and the State ABC upon request. 9. F~r any minimum purchase per patron, estabZishx~ents shall permit the minimum to be satisfied with the purchase of faod, as we~l as alcoholic and non-alcoholic bev~rages. l0. Owners of the establishment shall prohibit loitering in the immediate vicinity and shall control noisy patrons Zeaving the establishment. 11., Na expansion in number of seats or intensity of operation shall occur without prior approval from the C~.ty of Santa Monica and State ABC. 12. Prior to issuance of an alcohol license from the ABC, the aperator shall submit a plan for approval by the Director of P~anning regarding employee alcahol awareness training programs and palicies. The plan shall outline a mandatory alcohal awareness training program For al~ employees having cantact with the pulalic and shal]. state management's policies addressing alcohol consumption and inebriatian. The operator shall provide City with an annual compliance report regarding compliance with this condition. This project sha11 be subject to any future City-wide alcaho~ awareness traininq program condition affecting si~nilar establishments. The pian shail also set forth a"designated driver" pragram, which shall be offered by the operator of the establishment to patrons. 13. Prior to issuance of a Certificate of Occupancy, or a business license, as applicable, the appl~cant shall submit a security plan ta th~ Chief af Police for review and approval. The plan ~hall address both physical and operational security issues. 14. Final plans for any changes to exterior design, landscaping, trash enclosures, and/ar signage shail be subject to review and approval by the Architectural Review Board. 15. Minor amendments to the plans shall be suhject ta approval by the Director of Planning. An increase of more than 10~ of the square footaga or a significant change in the approved concept shall be subject to Plann~ng Commiss~on Rev~ew. Constructian shall be in eubstantial con€ormance with the p].ans submitted dr as modified by the Planning Commission, Architectural Review Board, or D~.rector of Planning. 16. The applicant shall comply with all legal requirements regarding pro~isions for the disabledR including those set - 5 - forth in the California Administrative Cade, Title 24, Part 2. 17. Refuse areas, storage areas, and mechanical equipment shall be screened in accordance with Sec. 9127J.2-4 (SNII+SC) . Refuse areas shall be of a size adequate to meet on-site need. 18. The aperation shall at all times be canducted in a manner not detrimental to surrounding properties or residents by reason of lights, noise, activities, parking, or other actions. 19. No hoise generating compressors ar other such equipment shall be placed adjacent ta neighboring residential buildings. 20. Within thirty (30) days from date af approval (if approved) the applicant shall provide a copy of the Statement ~f Official Action for this approval to the local office of the State Alcaholic Beverage Contral department. 21. This permit shal], expire ane year from the effective date of approval unless required ABC permits are abtained and the alcahol permit is being utilized. One ninety (90) day extension af 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 ahanged since project approval. 22. Each of the six food court tenant C~nditional Use Pern~its shall be individually rev~cable, consistent with Section 9114 . 7 ( SMMC } . 23. Any subsequent iessees af the designated property shall be bound to the terms and conditions of the Conditional Use Permit. 24. This approva~ is for thQSe plans dated 07/15/92, a copy of which shall be maintained in the files of the City Plan- ning Division. Project development shall be consistent with such plans, except as atherwiae specified in these cond~.tions of approval. V4TE Ayes: Abdo, Holbrook, Katz, Zane Nays: Genser, Olsen~ Vazquez Abstain: Absent: - 6 - NOTICE If this is a final decision not subject to further appeal under the City of Santa Monaca Comprehensive Land Use and Zoning Or- dinancef the time within which judicial review of this decision must be sought is gaverned by Cade of Civi~ Procedure Section 1094.5, which provisi.an has been adopted by the City pursuant ta Municipal Code Section 1400, I hereby certify that this Statement of afficial Aotion acaurate- ly reflects the fina]. determination of the Planninq Commissi.on of the City of Santa Maniaa. /].~,/.f~P1 ~.~, ~ /'~%6~~r.9~ -- r/ ~ ~ / ~ signature - /' 'date C~arice E. Dykhouse Please Print Name and Title 2 hereby aqree tn the above conditions of app=oval aad acknawledge that failure to comply with such aonditions shali constitute qraunds for potential revocation of the germit approvai. Applicant~s Signature Print Name and Title PC/GCST927h DM - 7 -