SR-7-A (33)~~
OCT 2 ~ ~ggg
PCD SF KG ClM SHK f lplan\sh~sre\councd\strptlcup98003 app
Councd Mtg October 27, 1998 Santa Monica, California
TO Mayor and City Council
FROM City Staff
SUBJECT Appeal 98-007 of Planning Commission Approval of Conditional Use
Permit 98-d03 to Allow the Issuance of a Type 47 (On-Sale General), a
Type-66 (Controlled Access), and a Type-68 (Portable Bar) Alcohol
Licenses to be Used in Con~unction with the Operation of a Previously
Approved Hotel at 1746 Ocean Avenue Applicant Le Meragot
Hotel/Columbia Sussex Corporation Appellants Stephanie Barbanell
andJerry Bass
INTRODUCTION
This report recommends that the City Council deny the appeal and uphold the Planning
Commission's approval of Conditional Use Permit (CUP) 98-003 to allow the issuance
of a Type 47 (On-Sale General), a Type-66 (Controlled Access), and a Type-68
(Portable Bar) alcohol license to be used in con~unction with the operation of a
previously approved, 175-room hotel currently under construction at 1746 Ocean
Avenue The Conditional Use Permit would allow the hotel to serve alcohol within
public function areas including the lobby, dining and lounge areas, pool deck, and
meeting and hospitality facilities Alcohol would also be available in all guest rooms and
swtes from controlled access liquor cabinets and from room service On July 1, 1998,
the Planning Commission voted 5-0 to approve the pro~ect The Planning Commission
staff report and Statement of Official Action are contained in Attachments A and B On
July 15, 1998 Stephanie Barbanell and Jerry Bass appealed the Planning Commission
determination (Attachment C)
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OCT 2 71~8
BACKGROUND
Site Location
The pro~ect site is located in the Residential-Visitor Commercial District (RVC) The
RVC distnct is intended to protect existing residential uses in the area while prowding
for the concentration and expansion of coastal-related lodging, dining, recreation and
shopping needs of tourists and others m the oceanfront area The Loews Hotel is
located immediately ad~acent to the north of the sub~ect hotel There is a mix of
multifamily and single family residential uses (R3 District} located immediately south of
the sub~ect site In addition to the Loews Hotel, the Paafic Shores Hotel, and Shutters-
on-the-Beach hotel are located within 500 feet of the sub~eci property, and the Casa
Del Mar hotel pro~ect, which is currently under construction, is tocated ~ust outside of the
500 foot radius of the property
Pro~ect Design
The hotel will cater to tourists in the area as well as facditate private meetings and other
functions Alcohol service will be prowded primanly to hotel guests and is proposed in
the lobby and lobby serving bar, in the food seivice areas, which include the fine dining
area, the private dining room, the outdoor dmmg terrace and outdoor dirnng overflow
area, and the a m dining area, in meeting rooms, hospitality rooms, a pre-function area
and a boardroom, and at the pool deck
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Planninq Commission Action
At its July 1, 1998 meeting, the Plannmg Commission conducted a public hearing and
reviewed the CUP application required for the issuance of the proposed alcohol
licenses at the previously approved hotel Following the public hearing, the
Commission approved the CUP with the findmgs and conditions recommended by staff,
with an added condition that a detailed traffic circulation and parking plan for the
loading and unloading of the guests, goods, and services from Ocean Avenue and
Appian Way shall be filed with City and State officials, and a condition that valet parking
shall not be permitted on residential streets In approwng the CUP, the Planning
Commission found that the issuance of alcohol licenses at the approved hotel was
compatible wrth the existing and permitted land uses within the zoning district and
related harmoniously to the surrounding neighborhood as the area is charactenzed by a
mix of visitor-serving commeraal and residential uses The Commission also found that
the issuance of alcohol licenses would not impair the integrity of the neighborhood and
was not detnmental to the public mterest, health, safety or general welfare in that the
alcohol service wdl not intensify the approved hotel use
APPEAL ANALYSIS
The appellants believe that approval of the Conditional Use Permit to allow the
issuance of the alcohol licenses will negatively impact the neighborhood by increasing
noise, crime, and traffic and by decreasing their quiet, privacy and avadable parking In
addition, the appellants have listed eight points which they believe are additional
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grounds for overturning the Planning Commission decision (Attachment C) The
following summanzes each reason for appeal and provides staff's response
1) [The CUP approvalJ violates the spirit and intent of the alcohol CUP
ordinance (SMMC 9 04 10 18 030 parts a through g)
Staff disagrees with the appellants and maintains that the findings for approval of an
alcohol CUP can be made in an affirmative manner as shown in the findings included
as part of this report The Planning Commission found that the pro~ect merited approval
and that the conditions of approval relating to alcohol service hours on the pool deck
area, maximum number of bar and restaurant seats, and Iroe entertainment and
dancing, adequately protect the surrounding neighborhood
2) [The CUP approval] wolates General Plan Policy 1 2 which states "ensure
compatibility of ad~acent land uses, with particular concern for protectmg
residential uses", and General Land Use Policy 1.2 4 which states, "Limit
the number or control the location or otherwise mitigate the impact of
commercial uses such as alcohol outlets restaurants over 50 seats in
those areas where over concentration of the use would have an adverse
impact on the surrounding neighborhood "
While the appellants state that approval of a Conditional Use Permit for issuance of
alcohol licenses violates General Land Use Policy 1 2 and specifically Policy 1.2 4, the
City has made no determination regarding a threshold of overconcentration The City's
Zoning Ordinance expresses the City's current alcvhol policies and allows consideration
of alcohol CUPs on a case-by-case basis The appellants point to the State
Department of Alcohol and Beverage Control's (ABC) definition of overconcentration
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and yet the ABC has also approved the issuance of alcohol licenses within census tract
7019 Staff believes that a hotel with incidental alcohol use is consistent with the goals
and poliaes of the Santa Monica General Plan and speafically Policy 1 2 and 1 2 4
3) [The CUP approval] ~iolates Proposition S
The appellants contend that approval of the Conditional Use Permit violates Proposition
"S", which was approved by Santa Monica voters in November 1990, and prohibits
hotels, motels and restaurants and/or food service facdities of more than 2,000 square
feet and/or exceeding one story m height The subJect hotel was approved in 9989, and
consequently, is a legal nonconforming use in the RVC/Beach Overlay District
Section 9 04 18 030 (~, limits the intensification of nonconforming uses as
follows
A nonconforming use shall not be permitted to change in mode or
character of operation A change in mode or character shall include, but
not be limited to, extended hours of operation, substantial remodeling, or
a change in the number of seats or the service area floor space for bars
and restaurants
The addition of aicohol is incidental to the primary use of the budding as a hotel, with
associated restaurants, lounges, meeting and banquet rooms, and other retail and
service shops Moreover, alcohol service was envisioned as part of the onginal pro~ect
proposal Consequently, the addition of alcohol to this approved hotel use will not
intensify the use or change the mode or character of the hotel's operation More
specifically, the availability of alcoholic beverages wdl not result in an increase in the
floor area or number of seats of the pro~ect The hours of operation of the hotel will not
change since the approved hotel already constitutes a 24 hour per day use The
number of hotel rooms wdl also not change In addition, based on the City's expenence
with the operation of similar hotels in the immediate vicinity, there is no evidence that
the sale and consumption of alcohol, with the recommended conditions, wdl create
additional impacts or be detrimental to the neighborhood Approval of the alcohol CUP
will not result in increased traffic and parking congestion
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4) The public health, safety and welfare is not protected by the conditions
that have been thus far attached to this CUP because A) the City has
insufficient and inadequate enforcement capabdity to manage the pre-
existing 324 alcohol outlets citywide due to the following facts a) only two
vice officers enforce all vice cnmes between Monday and Friday, b) no
SMPD Vice enforcement exists on Saturday, Sunday and Monday, c) only
one zoning inspector is available after 5 30 pm and only tiil 8 30 pm
Tuesday through Friday, some Saturdays and never on Sunday or
Monday, d) there is no full time decoy program to deter underage drinking
and B} the criteria requiring that all eight alcohol findings be affirmative in
the alcohol ordmance are not met and the CUP cannot be issued This is
because the approved alcohol conditions are faulty, particularly #8 which
states that " the applicant shall prohibit loitering and control noisy patrons,
guests and patrons and visitors° is vague and is therefore unenforceable
and is neighborhood "unprotective" (sic) Also cited is condition #21,
which states that no more than 35% of the total gross revenues per year
shall be from alcohol sales Which is preempted by the State and
therefore is unprotective and useless "
Staff believes that there is adequate abdity to protect the public health, safety and
welfare The Santa Monica Police Department does not oppose this application since
alcohol permit approval for hotels does not represent a drain on law enforcement
services or public safety needs There are several hotels m the vicimty which serve
alcohol The Police Department does not typically receive calls for service from
ad~oining or nearby neighbors related to alcohol service at these hotels Furthermore,
according to representatives from the Police Department, they have not had a problem
with drivers leaving hotel functions impaired due to alcohol Historically, indiwduals
arrested for drunk driving in ihe City have come from bars, restaurants, and parties at
private homes, not from hotels
5) The Planning Commission's deasion to approve this CUP displayed a
pro-business bias, was arbitrary, lacked any consideration for the welfare
of the residents, and was not based on facts is an opinion which is not
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supported
The twenty-eight conditions included as part of the approval by the Planning
Commission are intended to limit the alcohol use so as to protect the ad~acent
neighborhood and its residents
6) Planning staff and the Planning Commission abused their discretionary
powers by developing and approving this alcohol CUP and doing so
without attaching site specific, neighborhood sensitive conditions
Many of the conditions requested by the neighbors at the Planning Commission hearing
relate to the approved hotel use itself and not specifically to the alcohol use Planning
staff believes the Planning Commission cannot approve conditions for which there was
no direct nexus to the use of alcohol The role of Planning staff is to make
recommendations of actions which, to the extent possible, are legally defensible
7) The City has no definition of undue concentration yet is required to make
the finding that undue concentration does not exist in order to approve an
alcohol CUP
The appellants have concerns regarding the addition of another alcohol outlet in
Census Tract 7019, where 134 alcohol outlets now exist This Census Tract includes
the area bounded by Wilshire Boulevard on the north, Pico Boulevard on the south,
Lincoln Boulevard on the east, and the Paafic Ocean on the west The area includes
the entire downtown, Ocean Avenue and the Pier In a similar fashion to many
downtown and visitor-serving areas, there is a concentration of restaurants and other
visitor-serving uses While there are a number of alcohol outlets in the Census Tract
where the property is located, there are not numerous outlets in the immediate area
- ~ -
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CEQA STATUS
The City Counal certifed the Final Enwronmental Impact Report (FEIR) for this hotel
pro~ect in June 1989 An addendum to the FEIR was prepared in 1997 pnor to City
rewew and approval of the applicanYs request for a Development Review (DR 97-012)
to amend Condition #68 of DR 425 to allow construction materials and equipment and
employee parking on the Sea Castle site at 1725 The Promenade for the remainder of
the hotel's construction While the applicant did not seek an alcohol CUP at the time
the hotel pro~ect was approved, the proposed alcohol CUP involves no expansion af
use beyond that previously approved Consequently, no additional environmental
analysis is required
PUBLIC NOTIFICATION
Pursuant to Muniapal Code 5ection 9 04 20 20 080, within 3D days after the sub~ect
application was deemed complete, ihe applicant posted a sign on the property stating
the following information Pro~ect case number, brief pro~ect description, name and
telephone number of applicant, site address, date, time and location of public hearing,
and the Planning and Zoning Division phone number It is the applicanYs responsibility
to update the hearing date if it is changed after posting
In addition, pursuant to Municipal Code Section 9 04 20 22 050 and 9 20 14 010, notice
of the public hearmg was mailed to all owners and residential and commercial tenants
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of property located within a 500 foot radius of the pro~ect at least ten consecutive
calendar days prior to the hearing A copy of the notice is contained in Attachment D
Edeen Hecht, representative of the applicant met with members of the South Beach
Neighborhood Watch and Community Group in March, 1998 to present the hotel's
plans. Mr Joseph Yung of Columbia Sussex Corporation met with neighbors in a
follow-up meefing in mid-Apnl
BUDGET/FINANCiAL IMPACT
The recommendation presented in this report does not have any budget or fiscal
impact
RECOMMENDATION
It is recommended that the Council deny Appeal 98-007, and uphold the Planning
Commission approval of Conditional Use Permit 98-003 with the following findings and
conditions
CONDITIONAL USE PERMIT FINDINGS
The proposed use is one conditionally permitted within the sub~ect district and
complies with all of the applicable provisions of the "City of Santa Monica
Comprehensrve Land Use and Zoning Ordmance", in that the proposed sale
of alcoholic beverages in connection with the hotel restaurants, lounge and
bar, private function rooms. pool area, guest rooms and room service is
conditionally permitted pursuant to SMMC Section 9 04 10 18 030
2 The proposed use would not impair the integrity and character of the district in
which ii is to be established or located, in that the area is charactenzed by a
-io-
mix of commercial and residential uses, including an ad~acent hotel to the
north on Ocean Avenue and apartments and s~ngle family residences to the
south Most areas of the hoiel in which alcoholic beverages will be available
are within the bwlding or oriented away from residential uses when located
outdoors Alcohol service at the pool area ad~acent to Seaview Terrace will be
limited to the hours of 10 a m to 10 p m The proposed sale and service of
alcoholic beverages will be an incidental component to the operation of the
hotel and is designed to serve the needs of the guests and visitors to the
hotel
The sub~ect parcel is physically suitable for the type of land use being
proposed, m that the parcel is under construction for an approved hotel and
the sale and service of alcoholic beverages will take place primarily within the
building with limited areas of service outdoors to hotel guests on the south
and west sides of the budding
The proposed use ~s compatible with any of the land uses presently on the
sub~ect parcel if the present land uses are to remain, in that sale and service
of alcoholic beverages is an integral but incidental component of hotel
operations designed to serve the needs of the guests and visitors to the hotel
The proposed use would be compatible with existing and permissible land
uses within the district and the general area m which the proposed use is to
be located, m that the area is characterized by a m~x oi commeraal and
residential uses, including a hotel immediately ad~acent to the north on Ocean
Avenue and residential uses to the south The areas of the hotel m which
alcoholic beverages will be avadable are within the building or are limited in
hours of service when located outdoors ad~acent to residential uses The
proposed sale and service of alcoholic beverages will be an inadental
component to the operation of the hotei and is designed to serve the needs of
the guests and visitors to the hotel
There are adequate provisions for water, sanitation, and public utilities and
serwces 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 adequately
served by existing infrastructure The proposed sale and service of alcoholic
beverages wtl: not affect the demand for pubhc utdities or services
Public access to the proposed use will be adequate, in that parking will be
available within the 221 space parking garage located on-site and the
proposed sale and service of alcoholic beverages are incidental activities to
hotel operations and will not increase the demand for parking on-site
The physical IocaUon or placement of the use on the site is compaUble with
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and relates harmoniously to the surrounding neighborhood, in that the area is
characterized by a mix of commercial and residential uses, including a hotel
immediately ad~acent to the sub~ect site to the north and residential uses to
the south The areas of the hotel in which alcoholic beverages will be
available are within the budding or oriented away from residential uses when
located outdoors The proposed sale and service of alcoholic beverages will
be an inadental component to the operation of the hotel and is designed to
serve the needs of the guests and visitors to the hotel
The proposed use is consistent with the goals, ob~ectives, and policies of the
General Plan, in that the sale and service of aicoholic beverages is an integral
but inadental component to hotel operations and is intended to meet the
needs of guests and visitors to the hotel which is consistent with Land Use
Ob~ective 1 5 and Land Use Policies 1 5 1 and 1 5 4 of the City's Land Use
Element of the General Plan which call for the provision of visitor
accommodations in the oceanfront area and the encouragement of day and
night pedestnan-activity along Ocean Avenue
10 The proposed use would not be detrimental to the public interest, health,
safety, convenience, or general welfare, in that the proposed sale and service
of alcoholic beverages will occur at an approved hotel, will not intensify the
hotel use and is proposed to be located within the bwlding or when outdoors
ad~acent to residential uses is limited in hours of service In addition,
conditions will be imposed on the Conditional Use Permit to protect the public
interest, health, safety convenience or general welfare
11 The proposed use conforms precisely to the applicable performance stan-
dards contamed in Subchapter 9 04 12 and specia( conditions outlined in
Subchapter 9 04 14 of the City of Santa Monica Comprehensive Land Use
and Zoning Ordinance, in that no performance standard permit is required per
Subchapter 9 04 12 and the special conditions outlined in Subchapter 9 04 14
do not apply to this application The pro~ect wdl comply with the requirements
of Part 9 04 10 18 ~f the Zonmg Ordinance which apply to Alcohol Outlets
12 The proposed use will not result in an overconcentration of such uses in the
immediate vicmity, in that the proposed sale and service of alcoholic
beverages will be in con~unction with the operation of an approved hotel and
will serve the needs of guest and visitors to the hotel The proposed sale and
service of alcoholic beverages at the sub~ect location wdl not result in an
overconcentration of alcohol outlets as the immediate area within 500 feet
contains two other identical alcohol outlets, the Shutters-on-the-Beach Hotel
and Loews Hotel, the Paafic Shore Hotel with a Type-41 license, and Capo
restaurani with a Type 47 license
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ALCOHOL OUTLET FINDINGS
1 The proposed use and location are in accordance with good zonmg practice,
in the public interest, and necessary that substantial ~ustice be done in that the
proposed sale and serv~ce of alcoholic beverages will occur at an approved
hotel as an incidental component of the hotel operation
2 The proposed use will not adversely affect the welfare of neighborhood
residents in a significant manner in that the areas of the hotel in which
alcoholic beverages will be available are within the building or oriented away
from residential uses when located outdoors The proposed sale and service
of alcoholic beverages wdl be an incidental component to the operation of the
hotel and is designed to serve the needs of the guests and visitors to the
hotel
3 The proposed use wdl not contnbute to an undue concentration of alcohol
outlets in the area in that the sale and service of alcoholic beverages will be in
con~unction vwth the operation of an approved hotel and wdl serve the needs
of guest and wsitors to the hotel In addition, within 500 feet, the immediate
area contains four other alcohol licenses at Loews Hotel, the Shutters-on-the-
Beach Hotel, the Pacific Shore Hotel, and Capo restaurant
4 The proposed use will not detrimentally affect nearby neighborhoods
considering the distance of the alcohol outlet to residential buildings,
churches, schools, hospitals, playgrounds, parks, and other existing alcohol
outlets in that the area is characterized by a mix of commercial and residential
uses, includmg a hotel immediatefy ad~acent to the north and residenfiaf units
to the south with no churches, schools, hospitals or playgrounds in the area
The public areas of the hotel in which alcoholic beverages will be available
and entertainment and dancing will occur are within the building or lim~ted in
hours of service when located outdoors ad~acent to residential uses The
proposed sale and service of alcoholic beverages will be an inadental
component to the operation of the hotel and is designed to serve the needs of
the guests and wsitors to the hotel
The proposed use is compatible with existing and potential uses within the
general area in that the area is zoned for a mix of visitor-serving commercial
and residential uses and is charactenzed by a mix of commercial and
residential uses, including a hotel immediately ad~acent to the north and
residential units to the south The areas of the hotel in which alcoholic
beverages wdl be available are within the building or are limited in hours of
service when located outdoors ad~acent to residential uses The proposed
sale and service of alcoholic beverages will be an incidental component to the
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operation of the hotel and is designed to serve the needs of the guests and
visitors to the hotel
6 Traffic and parking congestion will not result from the proposed use in that the
sale and service of alcoholic beverages is an integra~ but inadental
component to the existing hotel operations and wdl not result in increased
parking requirement
7 The public health, safety, and general welfare are protected in that conditions
of approval to require responsible dispensation of alcohol are included herein
8 No harm to ad~acent properties will result m that the conditions of approval wdl
ensure that the establishment operates as a hotel with anallary alcohol
serwce
9 The proposed use is consistent with the ob~ectives of the General Plan in that
the sale and service of alcoholic beverages is an integral but madental
component to hotel operations and is intended to meet the needs of guests
and visitors to the hotel which is consistent with Land Use Ob~ective 1 5 and
Land Use P~liaes 1 5 1 and 1 5 4 of the City's Land Use Element of the
General Plan which call for the provision of visitor accommodations in the
oceanfront area and the encouragement of day and night pedestrian-actiwty
along Ocean Avenue
CONDITIONS OF APPROVAL
This approval is for those plans dated May 6, 1998, a copy of which shall be
maintained in the files of the City Planning Division Pro~ect development shall
be consistent with such plans, except as otherwise specified in these conditions
of approval
The Plans shall comply with all other provisions of Chapter 1, Article IX of the
Municipal Code, (Zonmg Ordinance) and all other pertinent ordinances and
General Plan polic+es of the City of Santa Monica
To mitigate solid waste impacts, prior to issuance of a Certificate of Occupancy,
pro~ect owner shall submit a recycling plan to the Department of Environmental
and Public Works Management for its approval The recycling plan shall
include 1) list of materials such as white paper, computer paper, metal cans,
and glass to be recycled, 2) location of recycling bins, 3) designated recycling
coordinator, 4) nature and extent of internal and external pick-up service, 5)
pick-up schedule, 6) plan to inform tenants/occupants of serwce
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The operation shall at all times be conducted in a manner not defrimental to
surrounding properties or residents by reason of lights, noise, activities, parking,
or other actions
The pro~ect shall at all times comply with the provisions of the Noise Ordinance
(SMMC ChapYer 4 12)
Alcohol Outlet Conditions
Pnor to the issuance of a certrficate of occupancy for the hotel, the apphcant
shall submit a plan describing the hotel's designated driver program, which
shall be offered by the applicant to patrons of the establishment, mcluded hotel
guests and visiiors, and restaurant and bar patrons The plan shall specify how
the operator will inform patrons of the program, such as offering on ihe menu a
free non-alcoholic drink for every party of two or more ordering alcoholic
beverages
Pnor to the issuance of a certificate of occupancy for the hotel, the applicant
shall submit a plan for approval by the Director of Planning and Community
Development regarding employee alcohol awareness training programs and
policies The plan shall outline a mandatory alcohol awareness trairnng
program for all employees having contact with the public and shall state
managemenYs policies addressing alcohol consumption and inebriation The
operator shall prowde the City with an annual report regarding compliance with
this condition This pro~ect shall be sub~ect to any future City-wide alcohol
awareness training program condition affecting similar establishments
8 The applicant shall prohibit loitering and control noisy guests, patrons and
visitors leaving the hotel
9 The primary use of the premises shall be a hotel Alcohol may be avadable to
registered guests and theu visitors, to patrons of The bar and restaurant and to
persons attending private functions in the meeting, banquet and other public
facdities at the hotel
10 Any minimum purchase requirement may be satisfied by the purchase of
beverages orfood
11 No alcoholic beverage shall be sold for consumption beyond the premises
12 Customers shall be permitted to order meals at the bar or in the lounge area at
all times the bar or restaurant is open for busmess
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13 Except for special events and in the area of the pool deck, alcohol shall not be
served in any disposable container such as plastic or paper cups
14 Alcohol available in guest rooms shall be stored within locked cabinets where
keys will only be made available to guests who offer proof of age if requested
by room service personnel for consumption in their rooms or ad~oining patios of
rooms with such patios Restocking of the controlled access cabinets shall be
performed in the course of scheduled room service activities and shall not be
performed between the hours of 2 00 a m and 6 00 a m Alcoholic beverages
may also be served or available for purchase to guests in the area of the pool
deck (4,246 square feet) on Level B between the hours of 10 a m and 10 p m
only Alcoholic beverages may be served or avadable for purchase to persons
attending private functions only within the meeting, boardroom, prefunction and
hospitality faalities on Level A, Level B, and the Plaza Level (9,236 square feet
- 290 seats) Alcoholic beverages may also be served or available for purchase
in the dining areas (8,089 square feet, 220 seats) on the Plaza Level and Level
A The lobby and serving bar on the Plaza Level are limited to 952 square feet,
33 seats) Alcoholic beverages shall not be served from 2 00 a m io 6 00 a m
daily
15 The premises shall maintain a kitchen or food-serving area in which a variety of
food is prepared and cooked on the premises
16 Bar area seating shall not exceed 17 seats (7 seats at lobby bar and 10 seats at
fine dining bar), restaurant seating shall not exceed 219 seats
17 The addition of dancing or live entertamment on a regular basis in the lobby
restaurants or bars, beyond that specified by the applicants request shall
require approval of the Planning Commission
18 Minor amendments to the plans shall be sub~ect to approval by the Director of
Planning and Commurnty Development A significant change in the approved
concept shall be sub~ect to Planning Commission Review Construction and
operation shall be in substantial conformance with the plans submitted or as
modified by the Planning Commission, Architectural Review Board, or Director
of Planning and Community Development No expansion in number of seats,
intensity of operation, or outdoor areas shall occur
19 No video or other amusement games shall be permitted on the premises
20 No outdoor music shall be permitted which can be heard by surrounding
residential neighbors
21 No more than 35% of total gross revenues per year shall be from alcohol sales
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CITY OF SAIVTA MOIVICA IS No. 98-006
PLAId1~IING AND COMMUNITY DEVELOPhtENT D~PRRThSENT
City Hall, 1685 Main Street, Santa Momca, Califorma 90401-3295
c) Mrtigahon measures. For effects that are "Potentially Sigmficant Unless
Mitigated" descnbe the mingation measures which were mcorporated or refined
from the earl~er document and the extent to which they address site-specific
condmons for the project
V. DISCUSSIOti OF EN~'IRO'~'DfEVTAL EVALUATIOti
AREAS CHECKED "NOT SIGIVIFICANT"
1. Earth (a, b, c, d, e, f, g)
The preferenhal parkmg zone dces not have geological impacts as the pro~ect entails only
the mstallahon or posting of signs ad~acent to one block of a city street and the acquisttion
of parking permits by neighborhood residents
2. Air (a, b, c, d)
The proposed prer'erential parkmg zone will not sigmficantly impact ur quaUry although
some mcreased vehicle emissions would occur m the short term as dnvers w~thoutpermits
search for on-street pazkmg dunng an mitial ad~ustment penod after the posting of the
parking restnctions.
3 Water (a, b, c, d, e, f, g, h, i)
The project dces not affec[ bodies of water as the pro~ect entails only the mstallatron or
poshng of signs ad~acent to one block of a c~ty street and the acquisiuon of parkuig permits
by neighborhood residents
4 Plant Life (a, b, c)
The parlnng zone does not impact vegetahon m the area as the pro~ect entails only the
installatron or posting of signs ad~acent to one block of a city streEt and the acquisition of
parlang permits by ne~ghborhood residents
5. Animal Life (a, b, c, d)
The proposed p%ect will not impact ammal hfe as the pro~ect entails only the mstallahon
or posting of signs ad~acent to one block of a city street and the acquisition of parking
permits by neighborhood residents
6. Energy (a, b)
The parlnng zone will not impact energy sources as the pro~ect entuls only the mstallaUOn
or posting of signs ad~acent to one block of a city street ar~d the acquisitron of pazldng
permits by neighborhood residents.
15 eff3
27 Within thirty (30) days after final approval of the pro~ect, a sign shall be posted
on site stating the date and nature of the approval The sign shall be posted in
accordance with the Zoning Administrator guidelmes and shall remain in place
until an ABC permit is issued for the pro~ect The sign shall be removed when
such a permit is issued for the pro~ect or upon expiration of the Conditional Use
Perm~t
Special Conditions
28 The sale and service of alcohol shall not be permitted in the "finger IoY' located
between 19 and 31 Seaview Terrace
29 A detailed traffic arculation and parking plan for the loading and unloading of
guests, goods, and services for Ocean Avenue and Appian Way will be filed
with City and State officials and will be strictly enforced
3o Valet parking wdl be prohibited on residential streets
Prepared by Suzanne Frick, Director
Karen Ginsberg, Planning Manager
David Martin, Senior Planner
Susan Healy Keene, Associate Pianner
Planning and Community Development Department
Attachments
A Planning Commission staff report dated July 1, 1998
B Planning Commission Siatement of Official Action
C Appeal Statement
D Notice of Public Hearing
E Photographs of Site and Surrounding Properties
F Plot Plan, Floor Plans and Elevations
SHK
F 1PLAN\SHAREICOUNCIUSTRPTICUP98003 APP
October 20, 1998
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ATTACHMENT A
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