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SR-7-A (34)~- ~ CP KG SHK f lplan\sharelpc\strptlcup98003 Santa Momca. Cal~forn~a Plamm~e Commission .vitg July 1. 1998 TO The Honorable Plaruung Commiss~on FROM Plaiuvng Staff SliBJECT Condmonal Use Permit 98-003 Address 1746 Ocean Avenue/RVC, Beach Overlay Appl~cant Le Meragot Hotel/Columb~a Sussex Corporation [~TRODUCTION Acuon Appl~canon for a Condmonal Use Permit [o allow the issuance of Type 47 (On-Sale General). Type-66 (Controlled Access), and Type-68 (Portable Bar) alcohol l~censcs to be used m con~uncuon w~th a new 175-room hotel currenUy under construc[~on and approved under De~~elopment Revie~~ Permit iVo 4?5, Var~a~ce 89-006 and EI.A 868 The Condihonal tise Perm~t ~~ ould allou the hotel to sen~e alcohol w~thm pubhc funcuon areas mcludm~ the lobbc. dmme and lounee areas. pool deck. and meetme and hosprtal~n~ facil~nes Alcohol would also be a~ailable m all euest rooms and suues from controlled access liquor cabmets and from room szr~ ice The proposal meets all apphcable de~~elopmen[ s[andards Recommendation Appro~ al ~a~ith Cond~aons Pzrm~t Streamhmne Ekp~ranon Dare Aueust ",•. 1998 SITE LOCATION A1D DESCRIPTIOV The tub~ect propem ~s an irreeular 6~.~ ;~ square foot parcel (?00' frnnL (~cea~ .a~ enue (easU ~ 30~' ~~de ~ard isauthi ~~00 rear. ~ppian ~~'a} f«'zstj ~ 31=' s~de ~ard inorthl located on the ~~est sid~ ot Ocean \~enue ren~cen the Loe~~s Hotel and ~`icentz Terr3cz m the RVC (Resideni~al- ~'is~tc~i C omm.rcial i m~d Beach O~erla~ D~s[nct In add~tion. a"tineer lot", measunn~_ ap~~ o~m;a[el~ ~0' ~ 90' e~tends to the ~outh bet~+zen 1 ~ and ~ 1 Sea~ ~z« Terrace To the nor[h thr r.~r~~~ i; hounded h~ thz Loe~~: Hotz] m the R\-C Distnct. to the south. the parcel is boundcd r~ mulutanul~ and sim_ic famil} m,id~nual uscs m the R? D~stnct to dic east. the parcel » i~oun;i:d h~ (ic~~~n ~~enue and parl.uic o~~ned b~ the Rand Corporanon m the Cn~c Ceneer nistnct tr the ~~z~t tiie parczl ~~ hounded b~ appian \~a~ and the approced but ~acan: ^lUIU111171I~ re~~denual Seac.astle sue located m the R3R D~strict Zonme D~stnct R~'C (Res~denual-Visitors Commere~al D~strut) w~th Beach Overlac Distnct Land L-se Distna Oceanfront Dictnct Parcel Area 6= ~:~3 squarz Yeec e~ _ ?~ PROJECT DE3CRIPTION The appl~cant proposes to add alcohol service to an approved hotel which is currently under construcnon The hotel. wh~ch has been named L.e Meraeot Hotel, was approved under Development Review 425. Vanance 89-006, and a Final Environmenta] Impact Report (FEIR) m June 1989 When the pro~ect was approved, the maximum number of seats ~~~as determmed, but the final seatmg plan had not yet been established Consequently. at that ume, a Con3inonal tise Permit could not be obtamed to allow the issuance of alcohol licenses The xppUcan[ no~+ requests approval to allow the ~ssuance of Type 47 (On-Sale General). T}pe-56 (Controlled Access). and "Iype-68 (Pottable Bar) alcohol licenses At che Plaza L,eeel (Ocea1 A~e~ue entrance). alcohol w~ll be served m the lobbt and lobb~~ servmg bar area (33 seats ~n 952 square feet). in the "A'_vI " dmmg area (66 seau m 1,879 square feet). meetmg rooms (80 seats in 1.66D square feet), m a boardroom (16 seats ~n 1,467 square feet) and m a "pre-Yunctwn" area (8 seats m 235 square feetj At L.evei A, alcohol will be served in the fine and p n ate dmma roorns (85 seats m 3.872 square feet, which mcludes 8 seats at a bar), the outdonr dmme area (68 seats m 2.R00 square feet, which mcludes 462 square feet of o~~erflow capacity). and m meeung rooms ~66 sea[s m 2.536 square feet) On Level B. alcohol w~ill be serc•ec m hocp~taLty rooms (120 seats m 2,660 square feet, mcludmg 7~3 square feet of overfln~ area) and, a~ che pool deck (4,246 square feet) A total of ~42 seats are proposed In additiun. alcohol u~~ll be a~a~lable to hotel quests throuah room serv~ce and m mm~-bars locatz i m each of the 1;~ euzst rooms The proposed hourc of alcohol sen~~ce are 6 a m to ' a m da~l} . ~i`~th certam Lm~tanon~ on alcohc•I senice [o the pool area The appheant ~s proposmg to have hve and recorded piano and o her mus~c m the lobb~~ and restaurant areas consistent a'ith the restaurant defintt~on of perm~ [zd en[ertamment In addiuon, guests ma} have recorded or live muvc m the banquet. hospual~t~ and mezcm~ rooms for prn•ate part~es Dancros ma~~ occur onl} at these prn~ate tunctrms ~1L~ti'CIPAL CODE A\D GEVER~.L PLA'~I CONFORMA\CE The p opos~d pro~ect is con~isten~ ~c~~h the ~tumcipal Code and m conformin• ~~ ith the General Plan a~ choun m Attachmznt ~ CEQ=, ST-~TtiS T he C:t~ C oun~~l c ertilied thz Fuial Em ~ronmental [mpact Repan IFEIRI for th~s hotel prolect m ~unc 19R9 ~n addendum to the FEIR ~~as prepared m 199? pnor to C~t} re~ie~~ and appro~al of the ap~li~ant s requzst tor a De~elopment Re~ie~ (DR 9~-O121 to amend Condit~on =68 of DR ~'> tc allm+ construcuo.~ matenals and eqwpment and zmplo~ ee parkm~ on the Sea Castle s~te at 1?~~ The Promenade Ior the rzmamdzr ot the hotel~s construcuon ~~'hile the apphcant did not se_6 an alcohol CliP at the tmic thc hotel pro~ect nas approved. the proposed alcohol CLP m~ohe: no e~pansion ot use be~ond [hat pre~ioush appro~ed Consequenth•, no addmonal zmircnmental anahsis is reqwred br~ ~ 2i RENT CONTROLSTATUS Commercial exempt FEES The pro~ect is not sub~ect to am~ spec~al fees PUBLIC NOTIFICATIO~ Pursuant to Mumcipal Code Secnon 9 04 20 20 080. wrthm 30 days afrer the sub~ect apphcauon was deemed complete, the apphcant posted a sign on the propem statme the followm~ mformauon Pro~ect case number, bnef pro~ect descnpuon, name and telephone number of appl~cant, site address. date, nme and locat~on of pubhc hearme, and the Plannm~ and Zomno Divis~on phone number It is the apphcant's responsibilm to update the hearmg dace ~f it ~s chansed after posnne ln addmon, pursuant [o Mumcipal Code Secuon 9 04 2D 22 0~0, nonce of the pubhc hearmg was mailed to all o~~ners and residential and commercial tenants of propern~ located withm a 500 foot radms of the pro~ect at least ten co~secun~e calendar days pnor to the hearma A cop}~ of the nonce is contamed ~n Attachment B Eileen Hecht. ~epresen[atne of the applicant met «~~th members of the South Beach \eiehborhood ~~~atch and Commumri• Group m'~larch. 1998 to present the hotel's plans '~1r Joseph Yuna of Columhia Sussex Corporanon met w~th netohbors m a follow-up meetme m m~d-Apr~l ~ A\.~LYSIS Back~round The prc~~ect sne is located m the Res~denual-~'~sitor Commzraal Distr~ct (RVC) The RVC district ~s m[ended ro protect existmR residennal uses m the area ~vhile proc~dmg for [he concentrauon and expansion of coastal-related lodeme, dmmg, recreat~on a~d shoppmg needs of tounsts and others m the oczanfmnt area The Loews Hotel is located ~mmediateh~ ad~acent to the north ot the sub~ect hote] There ~s a miz of mulufamilc and sm~le familp resident~al uses iR3 Dis[ricu locared ~mmed~a[zh south of the sub~ect site In addmon to the Loews Hotel the P~uf~c Shores Hotel and Shutters-on-the-Beach hotel are located ~i~uhm 500 feet of the ~ub~ect properi~• Prq~ect Desien The hotel ~~ ~ll carer [o [our~sts m the area as w~ell as facilitate priva[e meetmas and other funcnons .alcehol service w~il be pro~•~ded pnmarily to hotel euests and is proposed m the follo~cme areas d~ ~ 22 Lobbv and Lobbv Servmq Bar The appluant has mdicated that th~s area, located at the prunary entrance to the hotel off Ocean Avenue will serve alcohol onlv to those euests seated m the 26 lounee area seats or the 7 bar stools, for a total of 33 seats m this area Although the seatme la}out is flnal~zed. the appl~cant has mdicated that the final design of these areas is not yet comple[e The applican[ has not md~cated whether or not alcohol bottles are displayed or stored m a v~sible locanon However, this bar ~s located shghth~ off the mam lobby and is not visible upon entermg the hotel Food Service Areas The food ser~~ice areas mclude the fine dmmg area, the pnvate dmmg room, the outdoor dmmg terrace and outdoor dmme ocerflou~ area, and the a m dmma area These areas with food serv~ce consist of 219 seats m a total of 8,5~1 square feet A L'~-shaped bar ~s located w~thm the fine dmme room Ten of the 219 seats are located at th~s bar area The outdoor dmmg area ~s located m the center of the propert~~ and is surrounded by other portions of the hotel on all sides The noise generated from this use will be buffered b~~ the ho[el's bmldm~ placement and desien ~4eetme Rooms. Hocpitali[~ Rooms. Prefunction Area and Boardroom .4lcohol ;en ice ~~ ill not occur e~ery da} all da~~ m thete areas and will depend on the type of use and parucular ?uests usm~ these fac~hnes There are 290 seats Iocated m these areas The prefuncuon area consts[s of 8 seats located ad~acent to the a m dimn_ area. but is accessed from the hall outside the a m dmm~ area Pool Decl: The pool i~ open to euests ot the hotel Trom 7 a m to 10 p m The appl~cant ~s proposm~ alcohol ser~rce dunne all hours the pool is open In addition. the applicant has mdicated that occas~onnl tuncuons such a~ recepuons ma} extend the hours for alcohol ser~~~ce m the pool ~rea This ~s [he onh poruon of thz hotel ~shere ou[door use ~s direcdv ad~acent [o the residennal uses to [he couth The poo] le~el Lecel B. ~s located approximatel~ L-15 feet above the ele~at~on ot .~ppian ~~'a~ ~'anous «alls are located alonQ the south property ]me ad~acent to the pool deck In the rzar'_8 feet oY the properq•, a four foot hi~h wall ~s proposed There ~s a~~acant lot south of th~s u•all, bu[ there ~s a pendmg condommium pro~ect on this proper[~ Thz ~call alon~ the remamder of the south elevanon nses to approximatel} 20 fee[ Staff behe~es a halance of uses must be mamtamed «~hich protects the residents m the R3 Dtstnct and ~et provides Yor the v~s~tor needs m the RVC District Alcohol service. w~h~le mcidenta] ~o che pr~man hotel use ma~~ hace an effect on the behavior of euests at the pool Due to the pool's outdoor locauon ad~acent to Sea~'iew Terrace, staff has concerns reeardme a~ - 2,i potenual no~se impacts and has mcluded Alcohol Cond~uon #14 which hmits the hours alcohol may be served m the area of the poo] deck from 10 a m to 10 p m, m order to protect the ad~acent res~dents from potential noise d~sturbances along the south property lme Beach Overlav D~stt~ct In November 1990. Santa :vlomca voters approved Proposttion "S" which prohibued hotels, motels and res[aurants and~or food service fac~lmes of more than 2.000 square feet and~or exceedmg one story m heisht The sub~ect hote] was approved m 1989, and consequentl}°. is a legal nonconformmg use m the RVGBeach Overlay Distnct Secnon 9 04 18 030 (~. lim~[s the m[ensificauon of nonconformm_ uses as follows A nonconformme use shall not be permitted to change m mode or character of operanon A chanee m mode or character shall mclude. but not be Itmited to. ektended hours of operatton, substantial remodeling, or a chan~e m the number of seats or the service area floor space for bars and restaurants The addmon of alcohol ~s mciden[al to the pnmar~~ use of the buildmg as a hotel, w~th associated restaurants. lounaes. meenne and banquet rooms. and other retail and service shops ~loreover. ac d~scussed. alcohol service was em~~sioned as part of the oriemal pro~ect proposal Consequentl}, che add~tion of alcohol ro this appro~•ed hotel use ~~•ill not mtensif~• the use or chanee the mode or character of the hotel~s operauon hiore specificall}. thz availabdm of alcohohc be~~eraoes ~c~ll not result m an mcrease m the floor area or number of seats of the pro~ect The hours oY operauon of the hotel ~~-ill nnt chanee smce the approeed hotel alread} consntutes a?4 hour per da~ use The number of ho[el rooms w~ll also not chanoe In add~uon, based on the Gt~ ~s experience with the operauon of s~milar hotels ~n the ~mmediate ~icinin, there ~s no er~dence that the sale and consumpuon of alcohol, w~~th the recommendzd condiuons, ~~ ill create addinona] ~mpacts or be detnmental to the ne~ehborhood Approeal of the alcohol CiIP w~~ll net result m mcreased traffic and parkma con~est~on ~lcohol L~censes In Area ~'~'~thm a 500' radws o` the s~te there are four other alcohol outlets Shuttzrs-on-the-Beach Hotel Pacit~c Shore Hotel. Loe~s Hotel and Capo restaurant at 1810 Ocean Avenue Shu[ters-on-the-Beach and Loe~as both ha~•e T~~pe-47 (On-Sale General Eaun~ Placel. T~~pe 66 iContmlled Access Cabmet Perm~tl and T}pe-68 (Portable Bar) alcohol licenses The Shorelme Grill restauran[ located at the Pac~f~c Shore Hotel has a T}'pe-41 IOn-Sale Beer and ~~'mei aleohol ]icense onl~ , T~pe--11 iOn-Sale Beer and ~~'me for General Eauna Placej Escabl~shmen[ Sea[s Address Pac~fic Shore Hotel 96 1819 Ocean Avenue (Shorehne Grill restaurantj ~rl Z~ To Gty Planners, Planrung Comm~ssonas, CAy Couna7, ABC , SMPD 5-8-98 From Seaview Terrace Residentfs Re The issuance of an alcohol Conditional Use Permit tor a type 47 alcohol license,duplicate licenses and a type 66 Iiquor pbinet license at the hotel at 1746 Ocean Ave The Califomia State Department of Alcohol Beverage Control has already established that there is an undue concentration of alcohol outlets in census tract 7019, m which our neighborhood (which is designated Resident, Visitor, Commercial an~ R3) and the proposed hotel are located That ~s because currently there are at least 93 alcohol outlets between Wilshire and Pico, Lincoln and tEie Pacific Ocean (The borders of our census tract ) Just between Pico and Colorado Blvd alone (approximately 1700 feet), 13 Alcohol CUP's for type 47 hcenses have already been +ssued These public eating places contain conservatively 5000 seats or rooms where alcohol may be served These include The Pntikin Hotel site, the Shutters Hotel, the Pacrfic Shores Hotel the Mucky Duck site, The Loews Hotel, the Lobster House site, and the 7 to 9 alcohol CUP ; issued to the Santa Monica Pier Based on these facts and m accordance wdh Santa Monir;a Munic~pal Code 9 04 10 18 030 section b(S M.M C) the same determination of undue concEantratbn should be made Thou~h the residential part oF the RVC zornng designat~on is first, consideration of the welfare and f,roperty rights of the residents have been histoncally and routinely ignored, and neglected and _ibused To further illustrate this point the "Compatibility wdh the Surroundmg Area 5ection," of thE EIR for this proposed hotel concluded that the~uxtaposdion of a commeraal use immediately ad~acent to a residential use was incompatible and yet no mitigation measures were proposed, reqw•ed or attached to that EIR As per section a ot the alcohol ordinance, the proposed use will adve~sely affect the welfare of neighborhood residents in a significant manner In su nmary, The Loew's Hotel, The Doubletree Inn, Shutter's Hotel, and the Columbia Sussex Hotel all have one very s~gniticant thmg is common All of them are not owned and operated by the warm and fuzzy developers who peddled them through the city permit process All have had a change o1 ownership within the I<,st ten years or less That is why it ~s imperatrve and essential thai the conditions attached to the Conc;tional Use Permit tor Alcohol for this proposed hotel are comprehensive,enforceable, very neigtborhood protectrve and srte speafic JusUCe must be served !or the resideMS In your eiforts you must honor the sp~rit and mtent of the alcohol ordinance or else continue the pattern of obstruction of ~ustic= through abuse of your descret~onary powers and arb~trary decision making that was not based upon the tacts that were presented We are therefore opposed to the issuance of an alcohol conditional use permit and a type 47 alcohol license, duplicate licenses and a type 66 alcohol license to the owners and / or operators of the hotel at 1746 Ocean Ave., unless all the neighborhood pYOtectrve, site specific conditions are attached so that this premises does not interfere with the quiet en~oyment of our property and so that our public health safety and welfare is protected As appropr~ate we wil! establish the nexus for our requested conciit~ons by referenang the Santa Mon~ca Murncpal Code Section 9.04.10.18 030 (Ala~hol Ordinance) parts a-g 1 ~~ ` ~L welfare is protected The neighbors have requested that the twelve condmons shown m Attachment C be mcluded m am approval The response of the appLcant ~s mciuded as Attachment D, u~~th the neiehbor~s response also mcluded m Attachment C (Included m Attachment C is the first draft of the neighbors' le[ter, to which the applicant responded, and the fin~l version) The ne~ehbors' proposed cond~uons and staff's posiuon are summar~zed below Titi.o state kcensed un~formed secunn guards x~ill provide 24-/tour securm~ patrol,'survetllance of the ad~acent residential street, Seai~iew Terrace, the "finger lot" oivned bc the hotel and rhe unlm~ easement located on the nonh side of Seav~en Terrace In order that the appkcant can prahzbit louenng and control no~s~ guests. visitors mrd patrons af the hotel Condit~on #8 requires the appLcant to prohibit loicerme and control nois}' euests. patrons and visitors lea~~mg the hotel The apphcant is concerned, as mdicated m Attachment D, that therc ma} be hab~hn issues concernma an}' aareement to patrol or proe~de secunn~ on pubhc streets and easements Responsibilm~ for mamtamme public order and safen lies ~~~~th the Pol~ce llepartment 24-hor~r publtc accers rhrough the hotel from App~an 4Um to Ocean Ai~enue and iice rersa sl:all be matntatned The neiehbors are concerned that their street will be used for access and mamtam that lack of access [nroueh thz hotel ~s m conflict ~a~ith the Coastal Commiss~on's eoal of pro~~dmo coastal access «'htle the neiehbors belie~e that thev sveet ~s a prnate sveet [hz Cm mamtams that the walk street is public The hote] site is prn~ate propert~ and public access behveen Appian ~'~'a} and Ocean Avenue is a~ailable ~~a ~ ~~ente Terrace [o thz south and Seaside Terrace to the north The applicant bel~eces unl~m~[zd access is a secur~t~ issue Staff doe~ not bel~ece that this condiuon has a clear lmk ro the alcohoi request and ha~ not ~ncluded it as a cond~non b~sral/ drsa! ,~la~ed urndo~~, e t~ replace those ~hat face tlae holel ui ulf rhe propernes ad~acer,t ;~~ the irotel alat;~ Seartex %errace. artd no norse. etc i~ill be audible berond 20 ieet n~ tite piemtses, rricluduzg the pool area mid balcoitres Orn_=~nalh this condruon rzad "\e noise, music, and;or other In•z other amplified en[~r[auunenc ma~ be audible beyond the premises " The ne~ehbors modified th~s cundmon as sho~cn abo~z m thz flnal ~'ers~on The Cit~~s I~oise Ordmance hmits the lecel of cound ~x~hich ma~ emanate from a sne The onl~ sound eenerated from the sice u~hich ma} he related to che request for approval of alcohol I~censes is at the pool area ~ah~ch u an outdoor space ad~acent to the residennal ne~ghborhood Staff has included Alcoho] Condihon n 14 w~h~ch Imi~ts the hours alcohol ser~ ice ~s permitted m th~s area .-1 cabaret'tu~htclub 6cense ~rill be required uz advance of such usage at d~e hotel prenarses ~- z~ Tlus condinon was mcluded m the first draft and the apphcant d~d not respond The applicant is requestmg hve a~d recorded p~ano and other music m the restauran[s and lobby area The apphcant ~s no[ proposmg regular dancmg or lrve entertamment beyond ~hat availabte as part of a speciat event m the hosp~tal~tp and meetmg rooms In order to prov~de entertainment beyond that ryp~cally associated w~th a restaurant or m conluncnon w~th a pnvate pam~. the apphcan[ would be requued to obtam approti•a] for a separace on-gmne entertamment venue open to the publ~c as shown in Alcohol Condmon #17 Deraaled traffic circulanon and parking plan for the loadrng and wifoading of guesrs. goods and sentces for Ocean Avenue and Appian Wm~ sltall be filed x•ith Cttc and State officzals and will be stnctl~• enforced Staff does not believe that this cond~uon has a clear Imk to the alcohol request and has not mcluded u as a cond~uon The use of Vicente Place as a truck, through traffic and i•afet parkritg route shall be prohrbued Althou_h the applicant aerees wrth this cond~tion, staff does not beheve that this condmon has a clear hnl: to the alcohol request and therefore. has not ~ncluded it as a condiuon Al! deltieries mzd rras/t rollectton shall be permttted ,tiionda~-Fndm~ ben+~een 8 00 a m m~d 8 00 p m artd Sanu~da~ and Sundm• bent~een 9 00 a m and 8 00 p m Almho] sen ~ce ~enerates a erearer number of bottles m the trash wh~ch m turn creates more noi~e Howe~er as noted b} the apphcant, a condmon reeardme deln~enes ~s mcluded m thz De~elopment Re~~ew Permtt for the hotel 17 30 a m to 6 00 p m per eond~uon ,"39 of DR 42~1 and ic more rzstnctrve [han the netahhors' requested hours It ~~ notcd ho«e~er, that as m am residennal ne~~hborhood, the C~t~''s Sohd «'~sre Dn wion ma~~ mod~f~ [heu pick-up schedule Tizr sale u~,d senice of alco/to! shall not be perntitted tn t12e fi~tger lot located ben~een /9Qnc; ~] Sea~iex Terrace The appluan~ i~ m a~reement u i[h [his cond~tion and it is mcluded as part of Spec~a] Cnndi[~on =28 There rha!! be rnstallat~or~ ~f an n~r filter~selenr ezhaust s~stem that prerents food, sntn~e m7d orher odors,from permeatrng the netgftborhood 1he apphcant is not m a~reemen[ wi[h this cond~uon Staff behe~es that the cond~uon ~s d~fticult ro attach ro a request for alcohol smce the smells would be related to a res[aurant ~3~he-her or not there Nas alcohol use The applicant notes that the kttchen ~s located on [he north sidz of [he property to miugate an} adverse ~mpacts of exhaust ~, ,,. . ~ ~ from the kitchen The appl~cant also notes that the hotel is also researching options for prov~dmg ur fil[ranon and an exhaust system. 10 A mintmum of 48 hours advanced notece shall be gti•en when banquet facekties tirill be in use at the hotel While staff bel~eves that this mav be a benefit for residents m the area. ~t does not seem that thzre is a direct nexus between the nse of alcohol and anv scheduled events w'hile many e~•ents ma}• serve alcohol, any number of events can and do occur without alcohol ser~ace As the apphcant notes, it is unfair to reqmre the applicant to provide th~s noncmg program when other hotels m the area are not required to compl}~ 11 Yalet park~ng ts prohibited on residenual streets Althouah the apphcant ~s m asreement ~~~th this condition, staff does not behece that there is a d~rect nexus between the use of alcohol and valet parkmg on res~denual stree[s and therefore, has not mcluded thts as a condmon IZ Des~o~zate oiern~g/zt parkin~ spaces ivith~n tiae hotel for Seai•teii Terrace neighbors as per the letter oj :'Na~' ~. 1989 from then prq~ect ~nanager Dan Krngsle~ Staff beheves tha[ this ~a'as an agreement between the neishbors xnd the pro~ect manaQer for ~4asuire-Thomas Parmers The Gt~ ~~as not a parn to the a~reement and therefore. cannot enforce th~s aereement as a condition If thic ~;ere a condmon of approcal the Crt~ would enforce the condmon 1?a 77re essuunce oj preferenttal `resrdentrul purkrrrX pernuts ut t!u 9 purkrng ~~reters jron~u~q Sear~e~i Terrace at Ocean Avenue ajter 6 p m S[aff does not believe [ha[ there is a clear nexus ben3~een the need for add~t~o~al parkin~ and the request for alcohol to impose th~s cond~tion Addmonal parkm? m the nei~hhorhood mac be des~rable. but [he addmon of alcohol to an appro~ed hotel does not ~ncrea~e the parl.m~_ demand and [herefore staff has not mcluded this as a con~itu,n 1?b The rnstallanor oia naific lr~hr on Ocean Aienue benreen the proposed Itotel aitd ~he Loe«s Hotel at 1700 Ocean Staff does not behe~e that there ~s a direc[ nexus between alcohol ser~~ce and the need fnr an additional traffic l~sh[ and therefore has not mduded th~s as a condit~on 1?c A coorduiatron of p~'ti'ate m~d publre erents icrth other renues benveen P~co and t/ze Prer shoirld be establtsfied as part of tlie Cin ivade sDecia! ei~ents palic~ +~ rv - z tS While it would benefit neiehbors to be knowled~eable about upcommg events, there is no[ a clear nexus to require this as a condiuon of a Condinonal Use Permit for alcohol serv~ce l2d Establtsh that th:s CUP have a 5}•ear nme kmn placed on rr so that the hotel traffic circulataon and parking, and other impacts on the neigh6ors may be assessed and remedied as time goes b} The Gt} has not prev~ouslv Lm~ted Alcohol CUPs to a spec~fic nme penod However, Condmon #18 requires mmor amendments to be rev~ewed and approved b~• the Director of Plannme and Communn} Development, w~th anv sigmficant chanses remrnme to the Plannme Comm~ssion Moreover. staff does not believe that the add~tion of alcohol will result m add~t~onal traffic impacts The C~tv cannot ~mpose condit~ons reeardms traffic concerns unrelated to the alcohol CUP Conclusion The R~'C Distr~ct is mtended to protect the existme residenual mix m the area w~hile prov~dmg for the concentrauon and eapans~on of coastal-related lodemg. dmmg, recreaaon. and shoppinR needs of tourists and others ~n the oceanfront area The proposed alcohol use a~ll be pnmaril~ ~~ ahm the appro~•ed hotel bwldme for use b}~ ~uests and v~sitors of hotel ~uests The onl~ zxtenor area where alcohol ser~~ue ~s proposed is the outdoor pool area ad~acen[ ta Sea~~ie~c Terrace w~here the recommended condinons of appro~~al ~ill limit the hours of alcohol sen•ice at m order to preser~~e the mteenry and character of the ad~acent R3 D~str~ct neiehborhood The ho[zl use uas preciousl~~ appro~~ed and. ~~uhout alcohol sales, has no restncttons on ~ts hours ot operduon The add~tion of alcohol serv~ce ro an appro~~ed restaurant ~c~~thm ~;•alhmg d~scancr of Your horels the G~ ic Center. and the Santa b4omca Pier u ill benefit the visttor component ot the area ae des~enatzd m the Zonm; Ordmance and the General Plan ~'l'ith the recommended ~undmons of appro.al, the use w~11 be companble w~th the surroundm~ neichborhood REC0~1~tEV D ~TI01 I[ is recommended that thc Plannm~ Commiss~on appro~•c CUP 98-003 to allo~r thc proposed T~pe--37 T~pe-66 and Type-68 alcohol I~censes m[he appro~~ed hotel based on the follo~tim~~ tmdmRs and condmons C O\Dll 1O\ ~f l'SE PER\1IT FI~DI\GS Tliz proposed use is one cond~ttonalh perm~tted «ithm the sub~ect d~strict and comphes «~th all oY the appLcable pro~ is~ons oi the "Cit~ of Santa h4on~ca Comprehensi~ e Land Cse ai~d Zonm~~ Ord~nancz", ~n that the proposed sale of alcohohc bz~ eraees m conneeuon ~~~th the hotel restaurants, lounge and bar, pri~~ate function rooms. pool area. 10 r M ~ 2~3 guest rooms and room service is condrtionall} permitted pursuant to SMbIC Section 9 04 10.18 030 The proposed use w~ould not ~mpau the mtegnn~ and chazacter of the d~stnct m~;-hich it is to be established or located. m that the azea is charactenzed bc a mik of commerctal and residenual uses mcludme an ad~acent hotel xo the north on Ocean A~ enue and apattments and smglz famil~~ residences to the south b~iost areas of the hotel m~~ hich alcoholic beceraees ~3i11 bz acailable are ~~1thm the buildme or oriented a~rac fiom res~denual uses ~~hen located outdoors Alcohol sen•ice at the pool azea ad~acent to Sea~~ie~~ Terrace w~ll be limited to the hours of 10 a m to 10 p m The proposed sale and ser~~~ce of alcoholic reveraees ~i~11 be an inc~dental component to the operazion of the hotel and is desiened co sen e the needs of the euescs and ~~suors co che hotel Thz sub~ect pazcel is ph~•s~call~' swtable for the tt'pe of land use be~n~ proposed. m that the parcel ~s under constructio^ for an appro~•ed hotel and the sale and sen~ice of alcohol~c be~eraees «dl take place pnmanh ~cithm the buildm_ ~.rth lmuted areas of ser~ ~ce outdoors to hotel euests on tiie south and ~~'est sides of the bu~Idin_ The proposed use is compatiblz ~~~ith an~ oY the land uses presentl~ on the sub_~ect parcel iY the present laud uses are to remam, m that sale and sense oT alcohohc be~eraees ~s an mtertral but incidental component of hotel operations des~~ned to sene the needs of the cuests and ~7sitors to thz hotel The proposed use ~.ould bz compauble ~~'~th exisun_ and permissible land uses ~c~thm tlie dtstnct and the ceneral arza m ~~huh thz proposed use u to be located. m that thz area is character~zed b~ a mic of commercial and residznnal uszs mdudm~_ a hotel ~mmed~areh ad,acen[ ro the nortl~ on Ocean Arenue and res~denna] uses to tl~e south. Thz areas oY [he hotel tn ~~h~ch alcoholic be~~eraaes nill bz a~ailable are ~~'ithm thz buildms or are limited m hours of ser~ ~ce ~chen located outdoors ad~acent to res~dential uses The proposed sale and szntce of alcohol~c bz~~eraRes «ill be an mcidental component to tl-~e opcranon of thc hotzl and ~s des~gned to scn'c the needs of the gucst, and ~asitors to th: hotel The;~ ar~ adequate prmision, for ~~ater. samtanon. and pubhc uuht~es and senice~ to encure that the propo~zd use ~~ould not be detnmental m pubhc health and saYet~. m diat th: ~i:e ~~ located m an urbamzcd arca adequateh ser~ed b~ c~ist~n~~ mfrastrucmre Ihc proposed ~ale and ser~ice of alcoholic hecera~es ~~ill no[ affecL [he demand for public uuliucs nr Sen ~ces Puhlic accesc to diz proposed use nill he adequate. m that parl.m~ ~itll be a~ailable ~rithin thz '_~ t spacz parl.~n~= ~_arace locared on-s~te and the proposed sale and ser~ice of alcoholic be~'era~~es are mc~dental actn rt~es to hote] operauons and ~ctll not mcrease the demand tor parl,ing on-s~te The ph};~cal locauon or placement of the use on the srte ~s compatible ~~ith and relates harmomowh to the surroundmc nei_=hborhood. m that the area is charactcr¢cd b~ a m» 11 «w - "s J of commerc~al and residcnt~al uses, includme a hotel ~mmediatel~~ ad~acent to the sub~ect site to the north and residential uses to the south The areas of the hotel in ~i~h~ch alcohoLc beverages will be acaiiable aze n~thm the buildme or oriented a~i~ac from resident~a- uses ~i~hen located outdoors The proposed sale and sereice of alcohohc becerages ~tiill be an mcidental component to the operauon of the hotel and ~s des~?ned to serz e the needs of the guests and v~s~tors to the hotel ~ 9 The proposed use ~s consistent ~~ith the goals, ob~ectrves, and pohcies of the General Plan, m that the sale and sen~~ce of alcoholic be~~enges is an mteoral but mc~dental component to hotel operahons and is intended to meet the needs of euests and cisitors to 2he hotel ~~h~ch is consistent ~~~th Land Cse Ob~ecti~~e 1~ and Land Use Pol~cies 1 ~ 1 and 1~ 4 of the Cin's Land Use Element of the General Plan ~;fiich call for the pro~ision of ~isitor accommodanons m the oceanfront area and [he encoura~ement of da~ and meht pedestrian-actnm alone Ocean Avenue 10 The proposed use nould not be detnmental to the public mterest health, safen, comemence. or general nelfare, in that the proposed sale and serv~ce of alcoholic be~zraees ~c~ll occur at an appro~ed hotel. «ill not mtensif~ the hotel use and is proposed to be located ~aithm the buildmo or when outdoors ad~acent to res~dential uses i; lim~ted m hours nY sen~ce ]n addmnn. condroons ~~ill be impnsed on the Cond~nonal Lse Perm~t m protect the pubhc mterest, health safen comemence or eeneral ~ielfdre 1 I The proposed use conforms precueh to the applicable perfarmance standards contame.: m Subchaptzr y 0~ 1~ and spec~al condroons outhned m Subchapter 9 0~ 14 of the Gn of Santa \tomca Comprehensne Land Lse and Zomnc Ordmance m that no pe; ronnance standard permit ~s requirzd per Subdiapter 9 04 ]' and the spec~al condition~ outlmed m Subchapter 9 0-4 1-~ do not apph to this apphcauon The prolect ~till compl~ ~~~th the reqwrements oi Part 9 03 10 18 of thz Zonm~ Ordmance ~rhich aprh to 1lcohnl Outlet; 1'_ The ~~ro~nxd u.e ~~~II not ~esult m an o~erconcentranon of such uszs ~n the immediate ~ui:ut~ in that U~z proposed sale and sen~ce of alcohohc hz~erage~ ~~~Il be m ~oniuncuon «ith the operauon ofan appro~ed hotel and ~a~ll ser~e the needs of ~~ueet and ~~~nors to the hotel Thz proposed sale and senue of alcohohc becera~_*es at the s~~hl~« locauon ~+ill nut result m an o~erconcentranon ot alcohol oudets as the imm~d~ate are4 ~~nhm ~00 fzzt contams hso other ~denncal alcohol outlets, the Shutters- on-the-Bead~ Hotel and Loe~~s Hotel, tl~e Pacific Shore Hotel ~~~th a Type--}] luense. and Capo restaurant nith a T~pe 4~ licepse 1LCOI IOL OI'TLET FI\DIT~GS The proposed use nnd lc~cauon are m accordance ~ti'tth good zonm; pracuce, m the pubLc mteres~ and necessan that substannal ~ustice bz done m that the proposed sale and sen ice ot alcohol~c be~'erages ~cill occur at an appro~ed hotel as an tncidental component oY tlx hotel opzrauon 1? ~a ~ 3~ The proposed use ~ti~~ll not adverseh• affect the «~elfaze of neighborhood residents m a s~gmficant manner m that the areas of the hotel m ~~~hich alwhohc beverages will be avazlable are wrtlun the buildmg or onented aw~a~- from res~denhal uses ~~~hen located outdoors The proposed sale and sen~ice of alcoholic beveraees ~~~ill be an mcidental component to the operatton of the hotel and is designed to sen-e the needs of the ~uests and ~ isrtors to the hotel The proposed use ~~111 not contnbute to an undue concentranon of alcohol outlets m the area m that the sale and ser~ ice of alcohohc bevera~es «ill be m con~uncnon ~~ith the operation oT an appro~~ed hotel and v~ill sene the needs of Quest and ~isicors to the hotel In add~tion. «~ithm ~00 feet. the immediate area contams four other alcohol licenses at Loe~~'s Hotel. the Shutters-on-the-Beach Hotel. the Pacific Shore Hotel. and Capo restaurant The proposed use «ill not detnmentall}' affect nearby netehborhoods cons~denn~* the distance oY the alcohol outlet to restdential buildmes. churches. schools, hospitals pla} grounds parks. a~d othzr existms alcohol outlets m that the area is characterized b~ a mi~ oT commercial and res~dennal uses. mcludme a hotel immed~ateh~ ad~acent to the north and res~dzntial ur~ts to thz south ~~ith no churches. schools. hosp~tals or pla}~munds in ihe area The puhhc area; of the hotel m ~~hich alcohol~c be~eraeec nill be a~ailable and entznamment and dancmg ~iill occur are «~thm the buildm; or l~m~ted ut hours of ser~ice ~chen located outdoors ad~acent to residenual uses The proposed sale and sen iee of alcohol~c be~-eraees ~~~~ll be an mcidental componznt to tlie opzration of the hotel and ~s des~~ned to ser~~e the needs of the ~uests and ~isitors to the hotel The propesed use ~s compaable «~th e~~snne and potennal u~es ~crthm the _eneral area m tl~at the area is zoned for a nu~ of ~ isrtor-ser~me commercial and res~denual uses and u ci~aractenzed b~ a nu~, oY commerc~al and res~denual uses, mcludme a hotel unmed~atei~ ad~acent to the north and residznval unus to the south Thz areas nY the hotel in ~~h~ch alcoholic be~era~es nil] be a~ailable arc ~+~thm the butldm~_ or are imutcd m hour~ oi ser~ice ~~hen located outdoors ad~acent to res~dent~al uses Thc rropu,cd sale and sen icc ot alcohoLc be~ era~_en ~~ ~11 be an madental componznt to thz o~era,~nn of the hotzl and u dzsiened to ser~•e the needs of the ~~uzsts and cisrtors to the hotel Trati:c and ~ar6m~ con~_est~on ~~ill not result from the proposzd usz m that the sale and ~cnice ot alcoholic Ue~~raezs is an ultegral Lut madental component to the e~~sun~ hntel npe-auons and ~~ ill not result m mcrzaszd pnrl.mc rzqwrement r'.ic pubhc health saten and general ~~elYare am protzcted ~n that condmons ot appro~ al to reqwre r:spons~ble dispznsanon oY alcohol are mcluded herzm \o harm to ad~acent propernes ~~ill result m d~at the condmons of appro~al u~ll ensure tiiat the estabhsliment operate~ as a ho[el ~+'ith ancil(an alcohol sen~ice 1= ' ~~~ - 32 9 The proposed use is consistent ~~~ith the ob~ectn•es of the General Plan in that the sale and sen~ce of alcohol~c bevera~es is an mteeral but mcidental component to hotel operanons and is mtended to meet the needs of guests and visitors to the hotel ~~ hich is cons~stent ~~~uh Land Lse Ob~ectrve 1 5 and Land L•se Pohc~es 1~ 1 and 1 5 4 of the Cm's Land Lse Element of the General Plan w~hich call for the provision of ~~suor accommodations in the oceanfront area and the encouragement of dac and ru_ht pedestnan-acti~it} alone Ocean A~•enue ~ COI~DITIO~IS OF APPROVAL I This approval is for those plans dated S4ay 6, 1998, a copy of ~chich shall be mamta~ned m the files ofthe Cit~ Plarmmg Dn~sion Pro~ect development shall be consistent ~~nh such plans. except as other~eise specified m these conditions of approt'al "' The Pla~s shall comph ~~ith all other pro~~sions of Chapter l. ~rtule IF of the ;~Iumcipal Code. (Zomng Ordinance) and all other penment ordmances and General Plan pol~c~es ofthe Qc} of Santa A9omca _ To mmgatz sol~d «aste ~mpacts. pnor to issuance of a Certificate of Occupanc}, prolect o«ner shall submit a rec}clinR plan to the Department of En~ironmental and Public «`orks ~1ana~eme~t for rts appro~~al The rec}~clmg plan shall mclude Il l~st of matenals such as ~chite paper. computer paper, metal cans and elass to be rec~ cled. '_) location of rec~clm~ bms. :) desicnated rec~cltn~ coordtnator. 41 nature and extent of mterna] and e~temal p~cl.-up senice. ~) p~cl.-up schzdule. 6) plan to mform tznants occupants of ser~ ~ce -i Thz operanon shall at all ume~ be conducred m a manner not dev~mencal to surroundm!_ propertizs or re~~dznts b~ reason of hahts, no~se actn mes parl.m~, or other actions ~ The pm~~cc shall at all nmes comph ~a~~th the provisions of the Vo~se Ordmance ~S~t~1C Chapter 4 1_'i -~Icohol Oude[ Condmons 6 P~inr [n [he issu.mce of a ceruficatz oi occupancc for the hotel the apphcant sha^ wbmit a plan describm~ the hote] s clesisnated dn~er pro~ram ~~~huh shall he oftered h~ ~he appltcant [o pa[rons of ~he estabitshmen[ mcluded ho[el euescs and ~~~suors. and re;[aurant and bar patrons The plan shall specrt~ how the operator u•ill mtorm patron~ ot the proeram such as offenn~ on the menu a Yree non-alcohohc drmk for e~en~ partc oi n~~o or more nrderm~ alcoholic be~'eraees Pnor ro[he issuance ot a cernfica[z of occupancy for the ho[el. the apphcanc shall subnut a plan for appro~al h~ the Director oi Piannmg and Commumn De~elopment reeardm~_ emplo~ee alcohol anareness trammg procrams and pol~c~es The plan shall out!me a mac~dator~ alcohnl auareness trammg proeram for aIl emplocees ha~m~~ contact ~~ idi thc publ~c and shall statc mana~cmcnt s pohcics address~ne alcohol 14 `y~ ~ 33 consumpnon and mebnanon The operator shall provide the C~h• wrth an annual report regardine compliance ~cith th~s condit~on Tkus pro~ect shall be sub~ect to an~~ future Crt}-n~ide alcohol a~careness trammg program condrtion affecung similar establishments 8 The applicant shall prohibit loitenng and contro] nois} ~uests, patrons and ~•isuors lea~ me the hote] 9 The pnman use of the premises shall be a hotel Alcohol ma} be ava~lable to reeistered auest, and their ~isrtors. to patrons of the bar and restaurant and tn persons attendin~ pri~ ate funct~ons m the meetme. banquet and other pubtic facilities at the hotel 10 Ane mmimum purchase requ~rement mav be sausTled b}~ che purchase of be~•erages or food 11 Vo alcohohc be~~eraee shall be sold for consumpnon beyond the premises 12 Customers shall be permitted to order meals at the bar or m the loun2e area at all times the bar or restaurant is open for busmess 1~ Except for special e~ents and m the area of the pool deck. alcohol shall not be ser~~ed ~n an} d~sposable contamer such as plast~c or paper cups 1~ ~1lcohol a~ailable m~uest rooms shall be stored ~~tthm locl~ed cabmets ~jhere ke~s ~~~ll onl~ be mad: a~a~lable to guests ~~ho offer proof of age ~f requested b} room senue personnel for consumpt~on ~n their rooms or ad~o~mn~ pauos oi rooms ~aith such pat~os Restocl.m~* of the controlled acces; cabmets shall be perYormed m the course oY scheduled room senice act~~~~t~zs and shall not be performed ben~een flie liours oI '_ 00 a m and 6 00 a m alcoholu be~ zra?es ma~ also be ser~ed or a~ ailable for purcliase to _•uz~ts m the area of the pool deck (-l.'_46 s Y 1 on Level B bet~ceen the hours of 10 a m an:; lU ~+m onh ~Icohol~c be~eragzs ma~ b: sened ar a~~~lable for purchase t~ ~zison, attend~nc prnate iuncnoiu onh ~~rthm thz mzetm~_, boardroom prefuncuon and iiospnslm facihties on Le~el a Le~el B and the Plaza Lz~el f9.^?6 ~quare feet -~90 ~eatsi ~lcohohc be~era~zs ma~ also bz sened or a~ailable for purchase m thz dmm~_ area: i 8.089 square fezt 1~ 1 seatsi on the Plaza Lecel and Le~el ~ The lobb} and senm~~ bar an Le~el A are lun~ted to 9i'_ square feet. i. seatsl Alcoholic be~era~_e~ ~hall not be ser~ ed from ~ 00 a m to 6 00 a m daih I~ Che premises sl~all mamtam a I.ud~zn or food-ser~ ~ng area m«hich a~anen of food is prepared and cool,zd on the prem~ses 1(, Ba~ area .eatme shall not e~ceed l; sents i? seats at lobbc bar and 10 seats at fine d~mn~s barj, restaurant seatin~_ s'liall not z~ceed ~19 ~eats 15 ., ~ - 3 ~ 17 The addition of dancing or ]n~e entertamment on a regular basis in the lobb}~ restaurants or bars. beyond that specified b~~ the apphcancs request shall require approval of the Plannmg Commiss~on 18 Vimor amendments to the plans shall be sub~ect to appro~~al by the D~rector of Plannms and Commumt~~ Development A sigmficant change m the approved concept shall be sub~ect to Plannmg Commission Re~~ie~~ Construcnon and operanon shall be m substantial conformance ~~ith the plans submitted or as modifled bv the Planmng Commission. :~rchitectural Re~~e~c Board or Director of Plannmc and Commumt~ De~ elopment 1~o expansiom m ~umber of seats. mtensttc' of operat~on. or outdoor areas shall occur 19 No cideo or other amusemznt games shall be permitted on the premises 30 ?~o outdoor music shall be permitted ~~hich can be heard b~ surroundine residential netehboxs ~1 ~o morz than =~°o of total ~ross re~enues per cear shall be from alcohol sales The operator shall mamtam rzcords of gross re~enue sources ~~h~ch shall be a~ailable to the Cit} of Santa ~Iomca and the State ABC upon request __ ~~ rtliin thnZ~ ( 30) da~ s Trom date of the appro~ al oY the Statement of Offic~al Acnon [he appiuant shall pro~•~de a cop} of the appro~•ed Statement of Offic~al .~cnon for this pro~ect to the local office oT the State Alcoholic Be~ era,e Control Department ~'al~dit~ of Permits __ In th. e~ent p.°rmute: ~ iolatzs or fails to comph ~~rth am condrtions ofnppro~al of th~s Perr.ut no funher pernuts hcenses appro~als or cernficatzs of occupancc shall be usued unnl such ~iolat~on has been iulh remedied '_~ ~~ ithin ten da~s of Cit~ Plamm~: Dn~sio^ tra~ismrttal of the approved Statement of Ufficial acuon. pmiect applicant shall sign and return a cop~ of the Statemenc of Offic~al \cuon prepared b~ th~ Cit~ Plannm~_ Dn~ision, a~~reem~_ [o the Condit~ons af a~prmal and ac:.nn~+ledg~n~~ diat failure to compl. ~~,•ith such condmons shall consntute _round: tor potenual re~ocat~on of the pernut approcal B~ s~ei~mc same. applicant shall r.nt themb~ ~~a~~e a~~~ legal nehts apphcant ma~ possess re~ardm=~ sa~d cond~t~ons The ~~ened Statement shall be returned to the Cit~ Plannm~~ Dnis~o^ Failure [o comph ~~uh this cond~non may constitute grounds for potennal permn re~ocanon _'~ \l ~tlim th~rn (~U) da~ s froin date of the appro~ al of the Jtatement of OfYicial .~ction the applicant shall pm~ide a cop~ of the approved Statement of OYficial Act~on Yor this pm~ec[ to [he local o1Y7ce oY the State Alcohol~c Bevera~e Control dzpanment '_6 This determmanon shall ^ot become effect~ce for a per~od oY fourteen da}s from the date of determmauon or, iY appealed unUl a tinal determmauon ~s made on the appeal 16 .~~ - 3~ Anc appeal must be made m the form required b}~ the Zonme Admmistrator The approval of this permit shall expire if the nghts granted aze not eYercised with~n eighteen (18) months from the perm~t~s effective date Etiercise of these rights shall mean obta~[une required Alcohoi Beverage Control appro~~als One six-month extension of the eighteen (18) month penod ma~ be permitted ~f approved b~~ the Director of Plannmg. The appl~cant may appl~• to the Plannm~ Commission for an~ furtl~er eatension ~f such request is filed at least one montl~ pnor to the permit's e~p~ration, pursuant to S:~t~4C Section 9 04 30 12 060 Appl~cant is on nouce that time extens~ons ma~• not be granted if de~•elopment standards rele~ant to the pro~ect ha~~e become more restrictice smce pro~ect approcal _ lT~"~thm tmm• (30) da~ s afrer finai approcal of the pro~ect, a sign shall be posted on s~te staung the date and nature of the appro~'al The si2n shall be posted m accordance ~~ ith thz Zonm, Admmistrator suidelmes and shall remam m place until an ABC perm~t is issued for the pro)ect The si~n shall be remoced «~hen such a permit ~s issued for the pro~ect or upon exp~rauon of the Condmonal L~se Permit Spec~al Condnions 28 The sale and ser~ ~ce of alcohol shall not be perm~tted m the "fm~er lot" located betn~een 19 and 31 Seav~eN~ Terrace Attachmen~s ,~ \fumc~pal Code and General Plan Conformance B \once of Public Hearme C Letters from ne~ghbors Drafr from Srephame Barbanell and Jerr} Bas~ dated ~4arch 2~. 1998 and F~nal Version s~ened b~ Seati~iew Terrace ne~ehbors dated :~4ac 8. 1998 D Letter m response to neiehbors trom La~crence 3~ Hardmo. on behalf of apphcant, dated apr~l l~ 1998 E Radms and Locauon ~•1ap F PhotoRraphc ot" S~[e and Surrnundm~ Pmpernes G Plo[ Plan Floor Plan~ and Ele~anons SHK t' plan share pc`strpr cup98003 17 ' " 3 :~ ATTACHMENT A MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE Land Use CateQon~ Element Mumcipa] Code Pro~ect Permitted Use Ocean- Alcohol service Type-48.Type-66 and Type-68 front perm~tted alcohollicenses District w~th approval of for 175 room hotel Cond~c~onal Use Permit is ~.,~ . 3; ATTACHMENT B Notice of Public Hearing :~ . ~~ OFFICIAL NOTICE OF PUBLIC HEARING Sub~ect of Heanng• Conditional Use Permit 98-003 1746 Ocean Avenue (RVC, Beach Overlay District) Applicant: Columbia Sussex Corporation A Public Heanng will be held by the Planning Commission on the followmg request Application for a Conditional Use Permit to allow the issuance of Type 47 (On-Site General Alcohoi Sales for a Bona Fide Eating Placel, Type-66 (Controlled Access Liquor Cabinetsl, and Type-68 (Portable Bar) alcohol hcenses to be used in con~uncvon wrth a new 175-room hotel currently under construction and approved under Development Review Permit No 425 The Conditional Use Permit would allow the hotel to serve alcohol within public function areas including the lobby, d~ning and lounge areas, pool deck, meeting and hospitality faalities Alcohol would also be avadabie in all guest rooms and swtes from controlled access liquor cabinets and from room service (Planner Susan Healy Keene) TIME: WEDNESDAY, July 1, 199H AT 7:00 P.M. LOCATION: COUNCIL CHAMBERS, ROOM 213, CITY HALL 1685 MAIN STREET SANTA MONICA, CALIFORNIA THE CITY OF SANTA MONICA ENCQURAGES PUBLIC COMMENTS INTERESTED PERSONS MAY COfviMENT AT THE HEARING, OR BY WRITING A LETTER. Letters should be addressed to City Planning Division, Room 212 1685 Main Street Santa Monica, California 90401 Attn Susan Healy Keene c;o CUP 98-003 Additional mformation may be obtamed from the City Planning Division. To request review of a pro~ect fde andlor for more mformation, please call (310) 458-8341 . The meeting fac~iity is accessibie If you need any disability-related accommodations, please contact staff at (310) 458-8701 TDD Number (310) 458-8696 The Santa Monica Blue Bus Lines #2, #3 and :~8 serve Crty Hall Pursuant to California Government Code Section 65009(b), if this matter is subsequently challenged in Court, the challenge may be limited to only those issues raised at ihe Public Hearing, described in this notice, or m written correspondence delroered to the Gty of Santa Monica at, or pnor to, the Pubhc Heanng ~~ ,_ 3~ J ESPANOL: Esto es una noticia de una audencia pubiica para revisar applicaciones propornendo desarrolio en Santa Monica Si deseas mas informacion, favor de Ilamar a Carmen Gutierrez en la Division de Plantificaaon al numero (310) 458-8341 . '~ "' ~ ~i l; ATTACHMENT C Lett~rs from Neighbors .. .~ . 4 ~ To Gty Planners. Planrnng Commssroners, Gty Courxal, ABC , SMPD 5,8-98 From Stepharne Barbanell and Jerry Bass 16 Seawew Terrace,SM, 9040t Re The issuance of an alcohol Conditional Use Permd No 98-003 for a type 47 aicohol license.duplicate I~censes and a type 66 liquor cab~net license at the hotel at 1746 Ocean Ave The Caldornia State Deparlment of Alcohol Beverage Control has already established that there is an undue concer~trat~on of alcohol outlets in census tracl 7079. in which our neighborhood (which is designated Resident. Visitor. Commercial and R3) and the proposed hotel are located That is because currenty there are at least 93 alcohol outlets between Wilshire and Pico, Lincoln and the Pacific ~cean (The borders of our census tract ) Just between Pico and Colorado Blvd alone (approximately 1700 feet). 13 Alcotwl CUP's for type 47 licenses have already been issued These public eatmg places contam conservahvely 5000 seats or rooms where alcohol may be served These include The Pntikin Hotel site, the Shutters Hotel, the Paafic Shores Hotel. the Mucky Duck site, The Loews Hotel, the Lobster House s~te, and the 7 to 9 alcohol CUP's issued to the Santa Mornca Pier Based on these facts and m accordance with Santa Monica Muniapal Code 9 04 1 0 18 03D section b(S.M.M.C) the same determination of undue concenYrat~on should be made Though the residential part of the RVC zoning designation ~s fust, Consideration of ihe welfare and property nghts of the residents have been historically and routinely ignored, and neglected and abused To further illustrate this pomt the "Compatibdity with the Surrounding Area 5ection:' of the EIR for this proposed hotel concluded that the ~uxtaposdbn of a commercial use immediately ad~acent to a residential use was incompatible and yet no mdigation measures were proposed. required or attached to that EIR As per section a of the alcohol ordinance, ihe proposed use will adversely afiect the welfare of neighborhood residents in a significant manner In summary. The Loew's Hotel. The Doubletree Inn, Shutter's Hotel. and the Columbia Sussex Hotel all have one very sgndicant thmg is common All of them are not owned and operated by the warm and fuzzy developers who peddled them through the city permit process All have had a change of ownership wdhm the last ten years or less That is why it is imperatroe and essential that the conditions attached to the Conditional Use Permit tor Al~ohol for this proposed hotel are comprehensive.enforceable. very neighborhood protective and site specific Justice must be served for the res~dents In your efforts you must honor the spint and intent of the alcohol ordmance or else contmue the pattern of obstruction of ~usuce through abuse of your descretionary powers and arbRrary deasion making that was not based upon the tacts that were presented We are therefore opposed to the issuance of an alcohol cond~tional use permit and a type 47 alcohol iicense, duplicate licenses and a type 66 alcohol Iicense to the owners and / or operators of the hotel at 1746 Ocean Ave., unless all the neighborhood protectrve, site specific conditions are attached so that this premises does not tnterfere with the qu~et en~oyment of our property and so that our public heaith safety and weltare is protected. As appropnaie we w~ll estaWish the nexus for our requested condit~ons by referencing the Santa Monica Municpal Code Sect~on 9.04.10.18.030 (Alcohol Ord~nance) parts a-g 1 a9 w ' 4 2 (Reponses ro the ho[el's attomey, Kevrn Kozal, about the cond~6ons are underimed) Prooosed Conditions The following neighborhood protective conditions include but are not iimited to 1. Two state licensed uniformed security guards wdl provide 24 hour secunty patrol / surveillanee of the ad~acent res~dential street, Seaview Ter., The finger lot owned by the hotel on Seaview Ter., and the utility easement located on the north side of Seaview Ter Ad~acent to the hotel in order to prevent loitering and / or disturbances to nearby residences and in order to conerol naisy guesu, visitors and patrons of the hotel. (SMMC Section a,c,f,g) Kozal's pronosed lanouaae is vaoue a~d theretore unenforable See Barbanell's revised lanauaae above 2 24 hour public access through the hotel from App~an Way to Oeean Ave. and vica versa will be permitted. (SMMC Section a c,f.g) Kozal-s concem wrth oreventinq 24 hour access to the qeneral pubhc throuah the hotel seems m confl~ct wdh the Coastal Commission s qoa~ of prowdma coastal access The oNV diHerence between the aene2l oubhc and tne hotel guests is their ability to plunk down S300 Bv blodana access at Appian Way unless vne spends 5300/night seems contrary to the Coastal Commission and local coastal plan obiective of providina oublic access to the ocean area Is the general pubhc a qreater securtry nsk than the guests of the hotel because thev tlon't oav~ Crty Planners and developers have consistently faded to serze the oooortumties to provide safe, handicapped accessible. cedestnan access between the Loew~s Hotel and this prooosed hotel It is untair and will be a hardsh;p o^ t~e res~oeMS ot the pnuate walkstreet, Seaview Terrace, to prowde a pubhc good on pnvate oroperty that is ~ot pohce patrolled and is not handicaooed acessible Planninq that allowed such an mcompatible use in immediate p~ozitimity to our residences must now be mitigated in advance of the disturbances caused bv such an ~.: CmpaPble use ~e increased noise. dec~eased safety and parKmG 2a Establ~sh gates at either end off Seawew Terrace, (A remedy currently en~oyed by Arcadia Terrace), in order to prevent loitenng and / or other disturbances to the nearby residents aand to co~trol noisy guests. v~sitors, and patrons of the hotel 3 No noise, music, and / or other Irve or amplified entertainment may be audible beyond the premises.(SMMC section c,d ,f g) The crtv noise ordinance is for all praclical ourooses non-gnforceable The collection oi evidence wa a noise monitonnq device which is reauired to demonstrate that noise violatwns are occurnna is comoletelv cumbersome and ineffectual Ppli~ and zonina inspector~ are rarely availaple m a timely manner and at worst unirained and tll-eauiooed to take the requued nase mqndor readmgs-esoecially qn weeken~g - Conseauentlv . ihe neiqhbors gufter Rewse condition k3 to state 3lnstall dual glazed windows to replace those that face the hotel at all the properties ad~acent to the hotei along Seaview Terrace, and no noise,etc will be audible beyond 20 feet of the premises. including the pool area and 6aleonies.(SMMC sec. a,c,f,g) 2 ~ ~ J 4. A cabaret / nighiclub license will be required ~n advance of such usage at the hotel premises. (SMMC sec.c,d,f,g) 5. A detailed traffic clrculffiion and parking plan for the loading and unloading of guests, goods and services for Oeean Ave and Appian Way will he filed wHh city and state offieials and will be strietly enforced. (SMMC sec a,c,d,e,f,g) 6. The use of Vicente Place (an alley ad~acent to the south ot Seaview Ter.) as a truck route, hotel detour route, or a valet parking route will be prohibited (SMMC sec. a,e,i) 7 Afl delrvenes and trash collection wili be permttted on Monday-Friday between 8 AM and 8 PM , a~d Saturday and Sunday between 9 AM and 8 PM (SMMC sec.a,c,~ 8. The sale and service of alcohol is not perm~tted m the finger lot located between 19 and 31 Seaview Ter (Th~s area will be identified and sketched.) (SMMC sec.a,c,g,h) Include a detaded descnotion ot the mtended use of the finaer lot on Seaview Terrace 9 Installation of an air filtration / silent exhaust system that prevents food, smoke, and other odors from permeating the neighborhood. (SMMC sec. a,e,~ 10 A minimum of 4B hours advanced notice when banquet faciiities are to be in full use at the hotel Pure neiqhbody courtesy would include qrvinq neiqhbors adequate advanced notice of a larae aathenna and banquets in the neighborhood and does not require, 'that all the other hotels comply" No other hotel a6utts a resitlential a~ea like the 1746 Ocean Ave hotel does This then is a speaal site speafic condmon that will lessen the irtertere~ce ct the het2~ with the quiet en,oymer,t o' fie neiqh6ors proPertv 11 Valet parking is proh~bited on residential streets. (SMMC section c.d,e,f,g) 12 Designate overrnght parking spaces w~thin the hotel for Seav~ew Terrace neighbors as per the letter of May 5, 1989 from then pro~ect manager Dan K~ngsley. (SMMC section c,d,e,f,g) In addition we ask that m order to comply with City of Santa Mornca Municipal Code section 9 04 10 18 030 part e(Traffic and parking congestion will not result) the following three issues be addressed in concurrence with this CUP A The issuance of preterential ! residential park~ng permits at the 9 parking meters fronting Seaview Ter at Ocean Ave after 6PM (SMMC sec. a,c.d,e,f,g) ~ * ~, _ 4 v Include a detadgd desaiotion of the mtended use of the 6naer lot on Seaview T~rrape 9 Installation of an air f~ItretioNsdent exhaust system that prevents tood, smoke, and other odors from permeating the neighborhood (SMMC sec a,c,f) 10 A mmimum of 48 hours advanced not~ce when banquet facd~t~es are to be m tuli use at the hotel. 11 Valet parking ~s prohibited on res~dential streets (SMMC section c,d,e,f,g) t2 Designate overnight parkmg spaces w~thin the patel for Seaview Terrace neighbors as per [he letter of May 5, 1989 from then pro~ect manager Dan Kmgsley (SMMC section c,d,e,f,g) In addrton we ask that in ortler to comply v.~th Cny ot Santa Mon~ca Mun~apal Cotle sect~on 9 04 t0 t8 030 part e (fraNic and parking congestion will not result) the following three ~ssues be addressed in concurtence with this CUP A The issuanee ot preferentiaVresidential parkmg permits at the 9 parkmg meters fwntmg Seaview Ter at Ocean Ave atte~ 6PM .(SMMC sec a,c,d,e,t,g) B The installation of a traffic light on Ocean Ave between the proposed hotel and the Loews Hatel at 1700 Ocean Ave (SMMC sec c,e,f) C A ooordination of privaie and publ~c events with other venues between P~co and the Pier should be established as part ot the citywide speaal events policy (SMMC sec. a,c,d,e,f,g) F~naily because cf the urnqueness ef the :ocation of !nis alcohol use in the immediate proxrty oT a resdential homes ~ Establish that this CUP have a 5 year time limit pleced on ~t so that the hotel trattic circulation and parking, and other impacts on the neighbors may be assessd and remedied as time goes by (SMMC sec a,c,d,e,f,g) ~ r p~~ I-------~~-~'-~-~'lA''-~~~--X----------------------------- deciare under penalty ot oenury fvarre (pnnted; T~at I am Ihe protestant herein That I have read ihe above protest and know the contents ihereof Tnat ~he sam=_ is t;ue ct my owr knowledge except as to those matters which are [herem stated on mforma6on and be~~e', ar.d as ;c .hose ^,aTers ! befieve to be true Executed on__________________.______._______.__.________aj._____________ ._______.______.______________.___._____________Calrfomia . - _ ~ ,,~ ~ ~ ~ ~, , ~ ., , ; , ~ i + ~ . ---------~------------------------------------~-------- -------------- --- --- -~~----- --- ----- - - --------- ------------------ Name ;~nnt~al ~\ ~ignaMe of t ~f ~ ` 5~~~:-~-~-~-~-------1---~ ~~-~- ~~ S r~ ~ 9 T~r ~ c --------u-------------- ------ -------=--- -------f------------------------------------------------- Address o' Protestant , 7 _ `7 -------~-7---a-------~- G-- ~----~'---------------- Protestant 5 telephone number 3 ~ ., _ ~ i DRAFT To City Planners, Plannmg Commissioners,City Councd, A8C , SMPD 3-25-98 From Stephanie Barbanell and Jerry Bass 16 Seaview Terrace,SM, 90401 Re The ~ssuance of an alcohol Conditional Use permit fro a type 47 alcohol license.duplicate licences and a type 66 liquor cabinet Iicense at the hotel at 1746 Ocean Ave According to Santa Monica Municipal Code 9 04 10 1 8 030 setion b(S.M.M.C) there is an undue concentratron ot alcohol outlets in our neighborhood which is designated Resident. Visitor, Commercial that is because between Pico and Colorado Blvd {approwmately 1900 feet). 13 Alcohol CUP"s for type 47 licenses have already been issued which contain conservatively 3500 seats or rooms where alcohol may be served These include The Pritikin Hotel site, the Shutters Hotel. the Paafic Shores Hotel, the Mucky Duck site. The Loews Hotel, the Lobster House site. and the 7 alcohol CUP's issued to the Santa Monica Pier Though the residential part of this designation is first . consideration of our welfare and nghts have been h~stoncally and routinely ignored, and neglected To further illustrate this point, in the ' Compatibility with the Surrounding Area Section" of the draft EIR for this proposed hotel, it was determined that the ~uMaposition of a commercial use immediately ad~acent to a residentiai use was mcompatible and yet no mitigation measures were proposed. required or attached to that EIR Therefore as per section a of the alconol ordinance, the proposed use will adversely affect the welfare of neighborhood residents in a significant manner We are therefore opposed to the issuance of an alcohol conditional use permit and a type 47 alcohol license. duplicate licenses and a type 66 alcohol license to the owners and / or operators of the hotel at 1746 Ocean Ave . unless all the neiqhborhood protective, site speafic conditions are attached so that this premises does not interfere with the quiet en~oyment of our property and so that our public health safety and welfare is protected As approproiate we will estalish ihe nexus for our requested conditions by referencing the Santa Monica Municpal Code Section 9 04 10 18 030 a-g (Afcohol Ordinance) These neighborhood protective conditions include but are not limited to the following 1 A 24 hour security patrol / surveillance of the ad~acent residential street, Seaview Ter , The finger lot owned by the hotel on Seaview Ter , and the utility easement located on the north side of Seaview Ter Ad~acent to the hotel these should be established in order for the applicant to prohibit loitering and control noisy guests, visitors and patrons of the hotel (Section a.c,f.g) 2 24 hour public access through the hotel from Appian Way to Ocean Ave and vica versa be maintained (Section a c.f g) _ ~ ;} 3 No noise, music, and / or other live or amplified entertainement may be audible beyond the premises (section c,d ,f g) 4 Detailed traffic circulation and parkmg plan for the loading and unloading guests, goods and services for Ocean Ave and Appian Way wdl be filed with aiy and state officials and will be stnctiy enforced (SMMC sec a,c,d,e.f,g) 5 The use of Vicente Place (an alley ad~acent to the south of Seaview Ter ) as a truck. through traffic (or hotel detour route ) and valet parking route be prohibited (SMMC sec a.e.f) 6 All delivenes and trash collection wdl be permitted on Monday-Fnday between B AM and 8 PM , and Saturday and Sunday between 9 AM and 8 PM (SMMC sec a,c,f) 7 The sale and service of alcohol not be permitted in the finger lot located between 19 and 31 Seaview Ter (This area wdl be identified and sketched )(SMMC sec a,c,g,h} • 8 Installation of an air filiration / silent exhaust system that prevents food. smoke, and other odors from permeatmg the neighborhood (SMMC sec a,c,f) 9 A minimum of 48 hours advanced notice when banquet facilities are to be in full use at the hotel A coordination of private and public events with other venues between Pico and the Prer shoutd be estabi~shed as part of the citywide specrai events poiicv 10 Designate the only 9 available free surface parking spaces m front of Seaview Ter as a residentiai overnight parkmg zone after 6 PM or alternatively provide same said number of free overrnght parking spaces wrthin the hotel for Seawew Ter neighbors (section c.d.e.f,g) 11 Valet parking be proh~bited on residential streets (section c.d.e,f,g) In adddion we ask that in order to comply with City of Santa Monica Municipal Code section 9 04 10 18 03D part e(Traffic and parkmg congestion will not result) the following two issues be addressed m concurrence wrth this CUP 1 The issuance of preferential / residential parking permits at the 9 parking meters fronting Seaview Ter at Ocear+ Ave after 6PM (SMMC sec a.c,d,e.f,g) 2 The mstallation of a traffic light on Ocean Ave between this premise and the Loews Hotel at 17000cean Ave (SMMC sec c.e.f) Finaily, because of the uniqueness of the location ot of this alcohol use in the immediate proxity of a residential area this CUP must have a time limit placed on it so that the hotel traffic arculation and parking, and other ~mpacts on the neighbors may be assessd and remedied as time goes by ~~ i To Crty Planners, Planrnng Commrv~oners, Qry Counal, ABC , SMPD 5-8-98 From Stephanie Barbanell and Jerry Bass 16 Seaview Terrace,SM, 90401 Re The issuance of an alcohol Conditional Use PermR No 98-003 tor a type 47 alcohol hcense,duplicate licenses and a type 66 liquor cal~net license at the hotel at 1746 Ocean Ave The Calrfornia State Department of Alcohol Beverage Control has already established that there is an undue concerrtration of alcohol outlets in cer~us tract 7019, m which our neighborhood (which is designated Resident, Visitor, Commercial and R3) and the proposed hotel are located That i<_; because currently there are at least 93 alcohol outlets between Wilshire and Pico, Lmcoln and the Pacific Ocean (The borders of our census trect ) Just between Pico and Colorado Blvd alone approximately 170D feet), 13 Alcohol CUP's for type 47 licenses have already been issued These public eating places contain conservatively 5000 seats or rooms where alcohol may br served These include The Pntikin Hotel site, the Shutters Hotel, the Pacrfic Shores Hotel. •he Mucky Duck site, The Loews Hotel, the Lobster House site, and the 7 to 9 alcohol CUP s issued to the Santa Monica Pier Based on these facts and in accordance with Santa Monic~ Municipal Code 9 04 10 18 030 section b(S.M M.C) the same determination of undue concentration should be made Thougii the residential part of the RVC zornng designation is fust, consideration of the wetfare and pr~perty rights of the residents have been histoncally and routinely ignored, and neglected and at used To further illustrate this point the "Compatibildy with the 5urroundmg Area Section," of the ~IR for this proposed hotel concluded that 1he ~~nctaposrtion of a commercial use immediately ad~aceit to a resrdential use was incompatibie and yet no m~tigation measures were proposed. required or attached to that EIR As per section a of the alcohol ordinance, the proposed use wdl adver~=ly affect the welfare of neighborhood residents m a significant manner In sumnary. The ~oews HoteL The Doubletree Inn. Shutter's Hotel, and the Columbia Sussex Hotel all have oi~e very significant thing is common All af them are not owned and operated by the warm and tuzzy develo~~ers who peddled them through the aty permit process Ail have had a change ot ownership withm the las ten years or less That is why ~t is imperatwe and essential that the conditions attached to the Conditimal Use Permit for Alcohol tor this proposed hotel are comprehensrve, enforceable, very neighb xhood protective and site specific Justice must be served tor the residents In your etforts you must honor the spmt and intent of the alcohol ordinance or else contmue the pattern of obstruct~on of ~ustice through abuse of ~our descretionary powers and arbitrary decision making that was not based upon the facts that were presented We are therefore opposed to the issuance of an alcohol condrtional use permit and a type ~•7 alcohol I~cense, duplicate licenses and a type 66 alcohol license to the owners and/o~ operators of the hotel at 1746 Ocean Ave., unless all the neighborhood protectrve, site specific cond~tions are attached so that this premises does not interfcare with the quiet en~oyment of our property and so that our public health safety and H°elfare is protected As appropnate we wdl estabhsh the nexus for our requested conditions by referencmg the Santa Monica Municpal Code Section 9.04.1018.030 (Alcohol Ordinance) parts a-g 1 ~' " - 4 0 (Reponses to the hotePs attomey, Kewn Kozal, a6out the conditions are underhnedl Prooosed Condit~ons The foilowing neighborhood protective conditions include but are not limited to 1. Two state lieensed uniformed security guards wdl prov~de 24 hour security patrol / surveillance of the ad~acent residential street, Seaview Ter., The finger lot owned by the hotel on Seaview Ter., and the utiiity easement located on the north side of Seaview Ter. Ad~acent to the hotel in order to prevent Ioitenng and / or disturbances to nearhy residences and in order to eontrol no~sy guesta, visitors and patrons of the hotel. (SMMC Section a,c,f,g) Kozal's proposed lanquaqe is vague and therefore unenforcible See Barbanelfs rewsed lanouaae above 2. 24 hour publ~c access through the hotel from Appian Way to Ocean Ave. end vica versa will be perm~tted. (SMMC Section a c,f.g) Kozal's concem wrth preventinq 24 hour access to the qenerel pubhc throuqh the hotel seems in conflict wdh ihe Coastal Comrrnssions aoal of prowding cnastal access The only difference between the qerteral pubhc and the hotel auests is their ability to plunk down $300 By blocking access at Appian Wav unless one soends 5300hvaht saems cbntrery to the Coastal Commisson and local coasial plan ob~echve ot prowdmq pubhc access to the ocean araa Is the generai pubhc a qreater securrty nsk than the quests of the hotel because they don't pay~ Ciry planrers ard developers have tonsstently faded to se¢e the opportunrties to provide safe, handicapped accessible, pedesin.a.n access between the Loew's Hotel and this proposed hotel N is unfair and will be a^arasmp on tne res~dents ef the pnvate walks[reet Seaview Terrace, to promtle a pubhc qood on pnvate property '~at s no; police aa•roUed and is not har,dicapped acessible Planninq lha: aliowed such an incompaUble use m immediate proxromrty tc our *esder.ces mus' now be m~t•gated m advance of the disturhances caused by such an :mcorr.patible use ie increased noise. oecreased safety and parkinq 2a Establish gates at either end off Seav~ew Terrace, (A remedy currently en~oyed by Arcadia Terrace}, in order to prevent loitering and / or other disturbances to the nearby residents aand to control noisy guests, visitors, and patrons of the hotel 3 No noise, music.and/or other live or amplif~ed entertamment may be audible beyond the premises (SMMC section c.d .f g) The city noise ordinance is tor all pradical ourooses non-enfqrceable The colledipn of ewdence wa a noise monitorinq device which is reauired to demonstrate ihat noise violat~ons are occurrina is comoletelv cumbersome and meffectual Pohce and zornnq inspectors are rarely avatlable in a timely manner and at worst untrained and ill-eoui~oed to take the reqwred nqige monitor readmas-esoecially on weekends - Conseauently , the neiqh6ors suffer Revise condition ~3 to state 3lnstall dual giazed windows to reptace those that face the hotel at al! the propert~es ad~acent to the hotel along Seaview Terrace, and no no~se.etc. will be audible beyond 20 feet of the premises, includ~ng the pool area and balconies.(SMMC sec. a,c,f,g) 2 ac ~tl , A n 4 :J 4. A cabaret/nightclub license will be required in advanee of such usage at the hotel premises. (SMMC sec.c,d,f,g) 5. A detailed traffic circulation and parki~g plan for the loading and unloading of guests, goods and services for Ocean Ave. and Appian Way will be filed w~th city and state officials and will be strictly enforced (SMMC sec. a,c,d,e,f,g) 6. The use of Vicente Place (an alley ad~acent to the south of Seawew Ter.) as a truck route, hotel detour route, or a valet parking route will be prohi6ited (SMMC sec. a,e,f) 7. All delivenes and trash collection will be permitted on Monday-Fnday between 8 AM and 8 PM, and Saturday and Sunday between 9 AM and 8 PM (SMMC sec.a,c,~ 8 The sale and service of alcohol is not permitted in the finger lat located between 79 and 31 Seav~ew Ter (This area will be identified and sketched.) (SMMC sec.a,c,g,h) Indude a detaded descnohon ot the intended use oi the iinaer loi on Seawew Terrace 9 Installat~on of an air filtration/silent exhaust system that prevents food, smoke, and other odors from permeat~ng the neighborhood. (SMMC sec. a,c,~ 10 A minimum of 48 hours advanced notice when banquet facilrties are to be in full use at the hotel ?we neiqhbo~fy courtesy would mclude qrvinq neiqhbors adequate advanced notice of a large qathennq and banquets in the ne~qhborhood and does not reqwre, "that all the other hotels comply " No other hotel abutts a ~esidential area like ihz 1745 Ocean Ave This then is a speaal srte specdic condiuon that will lessen the mterte-ence :; r~e natz~ with the qwet en~oyment of the ~eighbors property 11 Valet parking ~s prohib~ted on resident~al streets. (SMMC section c.d.e,f,g) 12 Designate overnight parking spaces within the hotel for Seaview Terrace neighbors as per the letter of May 5. 1989 from then pro~ect manager Dan Kingsley (SMMC section c.d,e,f,g} In adddion we ask that in order to comply w~th Cdy of Santa Monica Muniapal Code secUon 9 04 10 18 030 part e(Traffic and parking congestion wdi not result) the foliowing three issues be addressed m concurrence with this CUP A. The ~ssuance of preferential/residential parking permits at the 9 parking meters fronting Seaview Ter. at Ocean Ave after 6PM .(SMMC sec. a.c,d,e,f,g) $ ~~ ~ J~ Indude a dgtaded descnotion qt the intended use of ihe fmaer lot on Seawew Terrace 9 Installation of an air tiitration/silent exhaust system that prevents food, amoke, and other odors from permeating the neighborhood (SMMC see. a,c,f) 1 0 A min~mutn ot 48 hours advancetl not~ce when banquet faciliues are to be In full use et the hotel 11 Valet parking is prohibrted on res~dent~al streets (SMMC sect~on c,d,e,f,g) 12 Des~gnate overmght parking spaces within the hotel tor Seaview Terrace neighbors as per the letter of May 5, 1989 from then pro)ect manager Dan K~ngsley. (SMMC sect~on c,d,e,f,g) In aCCition we ask that in ortler to comply with City of Santa Monica Muniapal Code sechon 9 04 70 7 6 030 part e (Traflic and parkm,g congestion wdl not resulU the following three issues be addressetl m concurrence wRh this CUP A The issuance af preferentiaVres~dential parking parmits at the 9 parking meters fronting Seav~ew Ter at Ocean Ave after 6PM (SMMC sec a,c,d,e,f,g) B The installation of a traffic light on Ocean Ave between the proposed hotel and the Loews Hotel at 1700 Ocean Ave (SMMC sec c,e,}) C A coordination ot prrvate and publ~c events with other venues between Pico and the P~er should be esta6lished as part of the atywide special events polwy (SMMC sec a,c,d,e,f,g) ~ina"y bzcause of the uniqueness ef !ne iocanon ot this alcohol use in the immediate proaity of a residential homes D Establish that this CUP have a 5 year t~me limit placed on ~t so that the hotel traH~c cvculation and parking, and other ~mpacts on the ne~ghbors may be assessd and remedied as time goes by (SMMC sec a,c,d.e,t,g) I---- ~~--- we-~` --------------------------- declare under penalty of peryury Name (pnnted) -nat I am tne protes7ant herem That I have read the a6ove orotest and know the contents thereof ; nat tne same is true oi r~y own knowledge except as to Ihose matters which are therem stated on mformation anC belie' ara as'o ~ticse matters I believe to 6e tru= Execui=d c~-----------------------------°`-- ---°--a'-^-------------'---------1------'------~---------------Calrfom~a , ' ~ , • ~ ~ ______________________'__,..__.___.__________.._ -'_____.__~ "~L+__ ______ ____________________ ______________~~.__`_____.___ _.__.___-_____ ' ' - Name ~pr.rned? Signature of Protestant - ~~ - . . ~ - - ~ /,% / ~ ------------------------------------- -----------------------------------------------------------------°----------- ~ Address of Protestant , . - _ ", , r _____.__'.__.___'___.__` _ _____________~1_~__'_`____ Protestant s telephone number 3 MI pi ;, '~ ^~ To Glry Planners, Plannmg Commissroners, City Counal, ABC , SM PD 5~98 From Seav~ew Tercace Res~dentfs Re The issuance of an alcohol Condrtional Use Permit for a type 47 alcohol license,duplicate licenses and a type 661iquor cabmet hcense at ihe hotel at 1746 Ocean Ave The Califorrna State Department of Alcohol Beverage Controi has already established that there is an undue concentration of alcohol outlets in census tract 7019, ~n which our neighborhood (which is designated Resident, Visitor. Commercial and R3) and the proposed hotel are located That is because currently there are at least 93 alcohoi outlets between Wdshire and Pico. Lincoln and the Pacific Ocean (The borders of our census tract ) Just between Pico and Colorado Blvd alone (approximately 1700 feet). 13 Alcohol CUP's for type 47 licenses have already been issued These public eating places conta~n conservatively 5000 seats or rooms where alcohol may be served These mclude The Pntikin Hotel sde, the Shutters Hotel, the Pacrfic Shores Hotel, the Mucky Duck site, The Loews Hotel, the Lobster House sde, and the 7 to 9 alcohol CUP's issued to the Santa Monicz Pier Based on these facts and in accordance with Santa Monica Municipal Code 9041D 18030 section b(S.M.M.C) the same determination of undue concentration should be made Though the residential part of the RVC zoning designation is first. consideration of the welfare and property rights of the residenis have been historically and routinely ignored. and neglected and abused To further illustrate This point ihe "Compatibdity with the Surroundmg Area Section," of the EIR for this proposed hotel concluded that the ~uxtaposdion of a commeraal use immediately ad~aceni to a residential use was incompatible and yet no mitigation measures were proposed. req~ired or attached to that EIR As per section a of the alcohol ordinance, the proposed use will adversely affect the welfare of neighborhood reside~ts in a significant manner In summary. The Loew's Hotel. The Doubletree Inn. Shutters Hotel and the Columbia Sussex Hotel all have one very significant thing is common All of them are not owned and operated by the warm and fuzzy developers who peddled them through the cdy permit process All have had a change of ownership within the last ten years or less That is why d is imperatroe and essenhal that the conddions atlached to the Conditional Use Permit for Alcohol for this proposed hotel are comprehensrve,enforceable. very neighborhood protecirve and site specrfic Justice must be served for the residents In your efforts you must honor the spvit and inteni of the alcohol ordinance or else continue the pattern of obstruction of ~uslice through abuse ot your descretronary powers and arbrtrary dedsion making that was not based upon the facts that were presented We are theretore opposed to the issuance of an alcohol conditional use perm~t and a type 47 alcohol license, dupl~cate licenses and a type 66 alcohol I~cense to the owners and / or operators of the hotel at 1746 Ocean Ave., unless all the neighborhood pYOtective, site specific conditions are attached so that this premises does not interfere with the quiet en~oyment of our property and so that our public health safety and welfare is protected. As appropriate we wdl establish the nexus for our requested conditions by referencing the Santa Monica Municpal Code Section 9.04.10.18.030 (Aicohol Ordinance) parts a-g 1 ~, .-. ~ ~ J May 5, 1989 Page "Cwo 3 Our contrac[or will pay for any documented construct~on related damage Phocographs will be taken before consvaction starts to help us provide that documentation INCREASED PUBLIC PARKING. We are very pleased to be able to commit to you that we will be able to prov~de a substanual number of new park~ng soaces m our garage for ne~ghborhood residents The cost will be well below those charged elsewhere in the neighbarhood. A lottery w~li be held to select the users and the exact number of spaces will be determmed after the Crty has reviewed our envvonmental analysu. [ welcome your comments on [hese proposed neighborhood improvements Also, we will keep you posted about the progress ms~ie in addressmg other of your concerns We feel that our pro~ect will make a posit~ve contnbu[ion to your cummun~ty anA we look fonvard to conunuing to work wrth you as our pro~ect proceeds. Smcerely, Dan~el R. Kmgsley Vice Pres~dent Pro~ect Management DRK/s! 064 w w - J .~'i To CAy Planners. Plannmg Corrxrnssroners, Cny Counal. ABC , SMPD 5$-98 From Seav~ew Terrace Resident Re The issuance of an alcohol Conddional Use Permit for a type 47 alcohol license,duplicate licenses and a type 661iquor cabnet license at the hotel at 1746 Ocean Ave The Calrforrna State Department of Alcohol Beverage Conirol has already established that there is an undue concentration of alcohol outlets in census tract 7019, in which our neighborhood (which is designated Resident. Visitor. Commercial and R3) and the proposed hotel are located That is because currently there are at least 93 alcohol outlets between Wilshire and Pico, Lmcoln and the Pacific Ocean (The borders of our census traCt ) Just between Pico and Colorado Blvd alone {approximately 1700 feet). 13 Alcohol CUP s for type 47 licenses have already been issued These public eating places contain conservatively 5000 seats or rooms where alcohol may be served These include The Pntikin Hotel site. the Shutters Hotel, the Pacific Shores Hotel, the Mucky Duck site, The Loews Hotel, the Lobster House site, and the 7 fo 9 alcohol CUP s issued to the Santa Monica Pier Based on these facts and in accordance with Santa Monica Murnapal Code 9 04 10 18 030 section b(S.M.M.C) the same determination of undue concentration sho~id be made . Though the residential part of the RVC zoning designation is first, consideration of the welfare and property r~ghts of the residen[s have been historically and routinely ignored. and neglected and abused To further dlustrate this point the "Compatibil~ty with the 5urroundmg Area Section." of the EIR for this proposed hotel concluded that ihe ~inctaposdion of a commercial use immediately ad~acent to a residential use was rncompatrble and yet no mitigation measures were proposed, required or attached to that EIR As per section a ot the alcohol ordinance, the proposed use wdl adversely affect the welfare of neighborhood residents m a significant manner In summary. The Loew's Hotel, The Doubletree Inn. Shutter's Hotel, and the Columbia Sussez Hotel all have one very significant thing is common All of them are not owned and operated by the warm and tuzzy developers who peddled them through the city permit process All have had a change of ownership within the last ten years or less That is why d is imperaLve and essential that the condrtions attached to the Conditional Use Permit for Alcohol for this proposed hotel are comprehenswe.enforceable. very neighborhood protective and site specific Justice must be served for the residents In your efforts you must honor the spint and mtent of the alcohol ordmance or else continue the pattem of obstrucUon of Justice through abuse of your descretionary powers and arbdrary dec~sion makmg that was not based upon the facts that were presented We are therefore opposed to the issuance of an alcohoi conditional use permit and a type 47 alcohol license, duplicate licenses and a type 66 alcohol license to the owners and / or operators of the hotel at 1746 Ocean Ave., unless all the ne~ghborhood protectrve, site specific conditions are attached so that this premises does not ~nterfere with the quiet en~oyment of our property and so that our public health safety and welfare is protected As appropnate we will establish the nexus for our requested conditions by referencing the Santa Monica Municpal Code Section 9.0410.18.030 (Alcohol Ordinance) parts a-g 1 "~~ - J4 (Reponses to the hotel's attomey, Kev~n Cozal, about ihe cond~tions are underlined) prooosed Conditions The following neighborhood protectroe conditions include but are not limited to 1. Two state lieensed uniformed security guards will provide 24 hour security patrol / survedlance of the adjacent residential street, Seaview Ter., The finger lot owned by the hotel on Seaview Ter., and the utility easement located on the north side of Seaview Ter Ad~aeent to the hotel in order to prevent loitering and / or disturbances to nearby residences and in order to control noisy guests, visitors and patrons of the hotel (SMMC Section a,c,f,g) 2. 24 hour publie aecess through the hotel from Appian Way to Ocean Ave and vica versa will be permitted. (SMMC Section a.c,f.g) 2a Establish gates at either end off Seaview Terraee, (A remedy currently en~oyed by Arcadia Terrace), ~n order to prevent loitering and / or other disturbances to the near6y res~dents aand to control noisy guests, visitors, and patrons ot the hotel 3 No no~se, music, and / or other Irve or amplified e~tertainment mey be eudible beyond the premises.(SMMC section c,d ,f g) alternative condition #3 3lnstall dual glazed windows to replace those that face the hotel at all the properties ad~acent to the hotel afong Seaview Terrace, and no noise.etc will be audible beyond 20 feet of the premises, includ~ng the pool area and balconies.(SMMC sec. a.c,f,g) 4 A cabaret / nightclub license wdl be required in advance of such usage at the hotel prem~ses (SMMC sec c.d,f,g) 5 A detailed traffic circulat~an and park~ng plan for the loading and unloading of guests, goods and services for Ocean Ave. and Appian Way wiil be iiled with city and state officials and will be stnctiy enforced (SMMC sec a,c,d,e,f,g) 6 The use of Vicente Place (an alley ad~acent to the south of Seaview Ter ) as a truck route. hotel detour route, or a valet parking route will be proh~b~ted (SMMC sec. a,e,f) 7 All delivenes and trash collection will be permitted on Monday-Fnday between 8 AM and 8 PM , and Saturday and Sunday between 9 AM and 8 PM (SMMC sec.a,c,f) S. The sale and service of alcohoi is not permitted in the finger lot located between 19 and 31 Seaview Ter. (This area will be identified and sketched )(SMMC sec.a,c,g,h) ," ,- :7 J Include a detaile~ descnotion oi the intended use of the fmaer lot on Seaview Terrace 9 Inatallation of an air fikretion / silent exhaust system that prevents food, smoke, and other odors from permeating the neighborhood (SMMC aee a,e,t) 10 A minimum of 48 hours advanced not~ce when banquet facilities are to be m full use at the hotel 11 Valet parkmg is proMbrted on resitlenUa! streets (SMMC secLOn qd,e,f,g) 12 Des~gnate overnight parking spaces with~n the hotel for Seav~ew Terrace neighbors as per the letter of May 5. 1969 from then pro~ect manager Dan K~ngsley (SMMC section c,d,e,f,g) In addition we ask that m order to compty wrth City of Santa Mornca Municipal Code sedion 9 04 10 18 030 part e (Traffic and parking congestion wtll not resutt) the following three issues be addressed m concurrence wrth this CUP A The ~ssuance oi preferentiel / residentiel parking permrts at the 9 parking meters fronting Seaview Ter at Ocean Ave atter 6PM (SMMC sec a,c,d,e,f,g) B 7he ~nstallation nf a traffrc light on Ocean Ave between the proposed hotel and the Loews Hotel at 1700 Ocean Ave (SMMC sec c,e.f) C A coordination of prrvate and publie events wrth other venues between Pico and the Pier should be established as part of the citywide special evenis polwy Pinally, oecause of the uniqu=nes5 ot the location of this alcohol use in the immetliate proxity of a resiAential homes _ D Esta6lish that this CUP have a 5 year time limit placed on it so that the hotel traffic circulation anO perking. and other impects on the neighbors may be assessd and remedied as nme goes by - ~--, - ~ - ( ;~I '-°-----=-- ~---~------------------- --------°----- ----------------------- dectare under penalty of per~ury P~ame ;pnntedi Tha~ I am t^e p-ctestant herem Tnat I have read the above protest and know the contents thereof T a' [he same is true c! my own knowledge exceot as to those matte~s which are therem Stated on informauon and beiief and as [o those matters I beheve to be [rue _ ' ` :_ '= . . :` i~ , , " r~ ~ t , Execu!ed on--°----------------°---------------------a~-----------------°-----------------------------°-------Cahforrna ; . , _ , ~ _- ,; . T - - r -- - ------~-------------------------------- - ` - - - - - - -------------------------- ------<------------------------=-----------------------------=`---------------- Name ;prmed i SgnaNre of Protestant ~ ~ '~/ ~ L~~~'i~ G~~ /~-.~i~ ~~4-~~~T~~ ~~~~~c ~ - ------------------------------------------------------------------------------------------------------------------------------------------------ AdGress oi Protestant ~s/-.l<f~ ~ C' .~.. -~ _~ -,t - L"l~""'~ ~ - - -_' ----'---_ '----- ' -' Protesta~t s telsphone numbe~ ~ ~ - ~ IJ To CRy Planners. Plannmg Comrnss~oners, Gty Cour~l, ABC , SMPD 5-5-98 From Seaview Terrace Resident/s Re The issuance of an alcohol Condniona! Use Permit for a type 47 alcohol license,duphcate hcenses and a type 661iquor caWnet Ucense at the hotel at 1746 Ocean Ave The California 5tate Department of Alcohol Beverage Control has already established that there is an undue concemration of alcoho! outlets in census tract 7019, ~n which our neighborhood (which is designated Resident. Visitor, Commeraal and R3) and ihe proposed hotel are located That is because currently there are at least 93 alcohol outlets between Wdshire and Pico, Lincoln and the Paafic Ocean (The borders of our census tract ) Just between Pico and Colorado Blvd alone (approximately 1700 feet), 13 Alcohol CUP's for type 47 licenses have already been issued These public eating places contain conservatively 5000 seats or rooms where alcohol may be served These include The Pntikin Hotel sde, the Shutters Hotel, the Pacrfic Shores Hotel, the Mucky Duck site. The Loews Hotel, the Lobster House site, and the 7 to 9 alcohol CUP's issued to the Santa Monica Pier Based on these facts and in accordance with Santa Monica Municipal Code 9 04 10 18 030 section b(S.M.M.C) the same determination of undue concentrafion should be made Though the residential part of the RVC zoning designation is first. consideration of the welfare and property rights of the residents have been historically and routinely ignored, and neglected and abused To further illustrate this point the "Compatibdity w~th the Surrounding Area 5ection," of the EIR for this proposed hotel concluded that the ~uxtaposdion of a commercial use immediately ad~acent to a residential use was mcompatible and yet no mitigation measures were proposed, requmed or attached to that EIR As per section a of the alcohol ordmance. the proposed use wdl adversely affect the welfare of neighborhood residents in a significant manner In summary, The Loew's Hotel. The Doubletree Inn, Shutter's Hotel, and the Columbia Sussez Hotel all have one very significant thing is common All of them are not owned and operated by the warm and fuzzy developers who peddled them through the city permit process All have had a change ot ownership withm the last ten years or less That ~s why it is imperative and essential iBat the conditions attached to the Condmonal Use Permit for Alcohol for this proposed hotel are comprehenswe,enforceable, very neighborhood protectrve and site specdic Justice must be served for the residents In your efforts you must honor the spint and intent of the alcohol ordinance or else continue ihe pattern ot obstruction of ~ustice through abuse of your descretionary powers and arbrtrary decision makmg that was not based upon the facts that were presented We are therefore opposed to the issuance of an alcohol conditional use permit and a type 47 alcohol license, duplicate licenses and a type 66 alcohol license to the owners and / or operators of the hotel at 1746 Ocean Ave , unless all the neighborhood protective, site specific condit~ons are attached so that this premises does not interfere with the quiet en~oyment of our property and so that our publ~c health safety and welfare is protected. As appropriate we wdl establish the nexus for our requested conditions by referencing the Santa Monica Municpal Code Section 904.10.18.030 (Alcohol Ordinance) parts a-g 1 +,q ~ ~.~ Pf4oosed Condit~ons Z, The following neighborhood protective conditions include but are not limited to 1. Two state licensed uniformed security guards will provide 24 hour security patrol / survedlance of the ad~acent residential street, Seaview Ter., The f~nger lot owned by the hotel on Seaview Ter., and the utility easement located on the north side of Seaview Ter. Ad~acent to the hotel in order to prevent loitering and / or disturbances to nearby res~dences and in order to cootrol noisy guests, visitors and patrons of the hoteL (SMMC Section a,c,f,g) 2. 24 hour public access through the hotel from Appian Way to Ocean Ave. and vica versa will be permitted. (SMMC Sect~on a,c,f,g) 2a.Establish gates at either end off Seaview Terrace, (A remedy currently enjoyed by Areadia Terrace), in order to prevent loitenng and / or other disturbances to the nearby res~dents aand to control noisy guests, visitors, and patrons ot the hotel. (SMMC a,c,f,g,h) 3. No noise, music, and / or other live or amplified entertainment may be audible beyond the premises.(SMMC section c,d ,f,g) altematwe conddion #3 3.Instalt duai glazed windows to replace those that face the hotel at alt the properties ad~acent to the hotel along Seaview Terrace, and no noise,etc. will be audible beyond 20 feet of the premises, including the pool area and balconies.(SMMC sec a,c,f,g) 4 A cabaret / nightclub license will be required in advance of such usage at the hotel prem~ses. (SMMC sec c.d,f,g) 5. A detailed traffic circulation and parking plan for the loading and unlaad~ng of guests, goods and services for Ocean Ave and Appian Way wili be filed with city and state off~cials and will be stnctly enforced {SMMC sec a,c,d,e,f,g) 6 The use of Vicente Place (an alley ad~acent to the south of Seaview Ter ) as a truck route.hotel detour route.or a valet parking route will be prohibited. (SMMC sec. a,e,f,g) 7. All delivenes and trash collection will be permitted on Monday-Friday between 8 AM and 8 PM . and Saturday and Sunday between 9 AM and 8 PM (SMMC sec.a,c,f,g) 8 7he sale and serv~ce of alcohol is not permitted m the finger lot located between 19 and 31 Seaview Ter. (This area wili be identif~ed and sketched.) (SMMC sec.a,c,g,h) w vu . J U Include a detaded descnotion ot the intended use ot the fmaer lot on Seaview Terrace 9 Instailat~on ot an av filtration/cdent exhauat system that prevents food, amoke, and other odors from permeat~ng the neighborhood (SMMC sec a,c,f) 10 A m~nimum of 48 houra advanced notice when banquet facdrties are ta be m full use at the hotel 71 Valet parking is prohibited on residential streets (SMMC sect~on c,d,e,f,g) 12 Des~grtate overmght parkmg spaces wtlhm the hotel for Seav~ew Terrace rteighbors as per the letter of May 5, 1989 from then pro~ect manager Dan K~ngaley (SMMC section c,d,e,f,g) Ir addrtion we ask that in order to comply With Crty of Santa Monica Municipal Code section 9 04 10 78 030 part e (Traflic and parking congestion will not resuR) the following three issues be addressed in concurrence with this CUP A The issuance of pretereMiaVresidential park~ng permns at the 9 parking meters fronting Seaview Ter at Ocean Ave atter 6PM (SMMC sec, a,c,d,e,f,g) B The mstallation of a traftic light on Ocean Ave between the proposed hotel and the Loews Hotel at 1700 Ocean Ave (SMMC sec c,e,f) C A coordinat~on of pnvate and public events with other venues bMween Pico and the Pier should be established as part of the citywide spec~al events policy (SMMC sec a,c,d,e,t,g) Fi~ally because of the uniqueness o' the location ot this alcohol use m the immediate proxity of a resdential homes D Establish that th~s CUP have a 5 year time limit placed on it so that the hatel traff~c arculation and parking, and ofher ~mpacts on the ne~ghbors may be asseasd and remedied as time goes by (SMMC sec a,c.d,e.t,g) ~------1~-~-(--- c---~~---- ~~1 =~-~------------------ tleclare untler penalty of Per~ury Name ~pnntetll Tnat I am the protestant he~eir That I have read the above protest and know the contents thereof That the same is true of my own knowledge except as to those matters which are therein stated on information and be~iet a^c as to t ose maflers I beheve lo be true ~- Ex=cuted o~---l-"~=~-~~-`,----~-~---1-`-~~--at--'-1_`~! L-~~-~~-~-~'~L ~------Cahtornm - / ~l Y ~ ~ ~-YF~~_~- ~~~ - ~~_-___-_~ ------------------------~ --------_ ----------- -- --------------<--- --'--- ----------- -------- -- - ------------- Name (prmted) Signature of Protestant ~(,c--: ~'-s~~ i 7~G G ~~« ~ /~~ ~ ~, C- /~ ~y _'_"_________"_' "'_"_"'__/c_"'""""'___'_'_ ""J"""'~ L~'.~S-cI-~=L_~-~_,(_„~"'_ ~~'Y/ _~_C__""""_. ~ A~5 L..CEeLanL ~~L~~~~~~~ I~-~'-f=~._ Protestant s telephone number ~ ~~~ 3 ~~~ _(Y ~z} ~ • .~ ; To G1ly Planners, Plannmg Comm~oners, Qty Counal, ABC , SMPD 5~-~38 From Seaview Terrace Resident/s Re The issuance of an alcohol CondAional Use Permit far a type 47 alcohol license,duplicate licenses and a type 66 liquor cabmet hcense at the hotel ai 1746 Ocean Ave The California Sta1e Department of Alcohol Beverage Control has already established that there is an undue concentration of alcohol outlets m census tract 7019. in which our neighborhood (which is designated Resident. Visitor, Commercial and R3) and the proposed hotel are located That rs because currently ihere are at least 93 alcrohol outleis between Wilshire and P~co. Lincoln and the Pacific Ocean (The borders of our census tract ) Just between P~co and Colorado Blvd alone (approximately 1700 feet). 13 Alcohol CUP's for type 47 licenses have already been issueci These pubhc eating places contam conservahvely 5000 seats or rooms where alcohol may be served These mclude The Pntikin Hote! site, the Shutters Notel, the Pacrfic Shores Hotel the Mucky Duck site, The Loews Hotel, the Lobster House site, and the 7 to 9 alcohol CUP,s issued to the 5anta Mornca Pier Based on these facts and in accordance with Santa Monu.a Municipal Code 9 04 10 18 030 section b(S.M M.C) the same determmation of undue concFwtration sho~ld be made Thouqh the residential part of the RVC zornng designation is first, consideration of the welfare and F roperty nghts of the residents have been histoncally and routinely ignored. and neglected and = bused To further tllustrate this poim the "Compatibility anth the Surrourxiu~g Area Section," of the EIR for this proposed hotel concluded that the ~uxtapos~tion of a commercial use immed~ately ad~ac=_nt to a residentiai use was incompatible and yet no mdigation measures were proposed, reqwied or attached to that EIR As per section a of the alcohol ordinance, the proposed use will advei sely affect the welfare of neighborhood residents m a significant manner In surnmary. The Loew's Hotel. The Doubletree Inn, Shutter's Hotel. and ihe Columbia Sussex Hotel alt have ~ne very signrficant ihing is common All of them are not owned and opereted by the warm and tuzzy devel ~pers who peddled ihem through ihe aty permit process All have had a change of ownership within the last ten years or less That is why d is imperatrve and essential ihat the conditions attached to the Cond tional Use Permd for Alcohol for this proposed hotel are comprehensive.enforceable. very neigh ~orhood protective and site speafic Justice must be served tor the residenis In your efforts you must honor the spmt and mtent of the alcohoi ordmance or el~acanpn~te rha-s~attarn o(_nnsrrurt,a~ ot °` 6 I ~ustia• throogh abuse ~' ya~r descr rary eci ton ~~~al~~~~y lNet-wae-Aet-based / uporr the-lacts [hat were presenTed-- '; zr~; '.~, ;-~ ~~,., ,~ ~~ We ~.re therefore opposed to the issuance ot an alcohol conditional use permit and a type 47 alcohol license, dupl~cate I~censes and a type 66 alcohol license to the owners and / or operetors of the hotei at 1746 Ocean Ave , unless all the ne~ghborhood proG>ctrve, site specific conditions are attached so that this premises dces not interfere with the quiet en~oyment of our property and so that our public heallh safety and weifare is protected. As appropriate we will establish the nexus for our requested conc;itions by referencing the Santa Momca Municpal Code Section 9 04.10.18 030 (Alcohol Ord~nance) parts a-g 1 ~. ~ , ~ ~ Prooosed CondHiona Z, The following neighborhood protective conditions include but are not limited to 1. Two state licensed uniformed security guards will provide 24 hour security patrol / surveillance of the adjacent residential street, Seaview Ter., The finger lot owned by the hotel on Seaview Ter., and the utility easement located o~ the north side of Seaview Ter Adjacent to the hotel in order to prevent loitering and / or disturbences to nearby residences and in order to control noisy guests, visitors and patrons of the hotel. (SMMC Section a,e,f,g) 2 24 hour publie access thraugh the hotel from Appian Way to Ocean Ave. and v~ca versa wdl be permitted (SMMC Sect~on a,c,f,g) 2a.Establish gates at either end uY' Seaview Terrace, (A remedy cunently en~oyed by Arcadia Terrece), i~ order to prevent loitenng and / or other disturbanees to the nearby residencs aand to control noisy guests, visitors, and patrons of the hotef. (SMMC a,c,f,g,h) 3 No noise, music, and / or other live or amplified entertainment may be audible beyond the premises (SMMC section c,d ,f,g) alternative condition #3 3.Instali dual glazed windows to replace those that face the hotel at all the properties ad~acent to the hotel along Seav~ew Terrace, and no noise,etc will be audible beyond 20 teet of the premises, including the pool area a~d balconies.(SMMC sec a,c,f,g) 4 A cabaret / n~ghtclub license will be required ~n advance of such usage at the hotel prem~ses (SMMC sec c.d.f,g) 5 A detailed traffic circulat~on and parkmg plan for the loading and unloading of guests, goods and services for Ocean Ave and Appian Way will be filed with city and state officials and will be strictly enforced (SMMC sec a,c,d.e,f,g) 6 The use of Vicente Place (an ailey ad~acent to the south of Seaview Ter.) as a truck route.hotel detour route,or a valet parking route will be prohibited (SMMC sec a,e,t,g) 7 All delrvenes and trash collect~on will be permitted on Monday-Fnday 6etween 8 AM and S PM . and Saturday and Sunday between 9 AM and 8 PM (SMMC sec.a,c,f,g) 8 The sale and serv~ce of a1coF~ol is not permitted in the fenge~ lot located between 19 and 31 Seaview Ter (This area will be identif~ed and sketched.) (SMMC sec.a,c,g,h) .~ ~ . 6 • 1 Include a detailed descriotion pt the intended use of the finaer lot on Seaview Terrace 9 Installation of an air f~ltret~on/silent exhaust system that prevents food, smoke, and other odors from permeating the neighborhood (SMMC sec a,c,f) 1 D A mimmum of 48 hours advenced notice when banquet facdities are to be in full use at the hotel ' ti Vaiet parking is prohibited on resident~ai streets (SMMC sect~on c,d,e,f,g) 12 Designate overmght parking spaces withm the hotei for Seaview Terrace neighbors as per the letter ot May 5, 1989 from then pro~ect manager Dan Kingsley (SMMC section c,d,e,f,g) I n addition we ask Nat m order to comply with City of Santa Monica Murnapal Code secUOn 9 04 10 18 030 part e (Traffic and parkmg congestion wdl not result) the following three issues be addressed in concurrence wrth this CUP A The issuance of preferent~aVresidentiel parking permits at the 9 parkmg meters fronting Seaview Ter at Ocean Ave after 6PM (SMMC sec a,c,d,e,t,g) B The installation of a traffic light on Ocean Ave between the proposed hotel and the Loews Hotel at 1700 Ocean Ave (SMMC sec c,e,f) C A coord~nation of prrvate and publ~c events with other venues between Pwo and the Pier should 6e established as part of the citywide special events policy(SMMC sec a,c,d,e.f,g) Finally because o!!he uniqueness of the locanon of this alcohol use m the immediate pwxity of a residenhal homes D Establish that this CUP have a 5 year time limit placed on it so that the hotel traffw circulation and parking, and other impacts on the neighbors may be assessd and remedied as time goes by (SMMC sec a,c,d,e,f,g) :--~~-~~~ R_1-____-~'-~6~5____--_-_-_____________ tleclare under penalty of per~ury Name ;pmtea; Tha! ~ arc~ ;ne arotesta~t ~erein That I have reaa th.e aoove protest and know tne con:ents tnereo` Tha• ihe sa^~e ~~ true o! mv own knowleaoe exce~t as to tnose matters which are therein slated on mformation anc oe~ie` and as to those matters I beiieve to be true ] .. ~ ,. _ ~xecuted on-___"_/~!_ 4{----! -`-~-°•----~ -------a~--°~ ~- ~-~-----~°-r.._ c c-----------------------Cahfomia ~ ~ _S=~-~-----~ u- "--~ -°---~-'------------ ------- ----------- --- ----~-~--~ - --------------------------------- Name (pnnted-~ ig, of Protgstant ---i-~ --- ~ ~1~! l ~~--- ~~` ~' ~ __C~_ ----- ------------ --------- -- --------- ---- Address of Protestant ---g~-°---"-~~-"-~ 40-6--------------- Protestanfs telephcne numbe~ 3 F' c'' ' b c To Qry Planners, Plannmg Comm~oners, Gly Coundl, ABC , SMPD 5~-98 From Seaview Terrace ReadenUs Re The issuance of an alcohol Conddanai Use Permit ior a type 47 alcohol license,duplicate licenses and a type 66 liquor cabinet hcense at the hotel at 1746 Ocean Ave The Califorrna State Department of Alcohol Beverage Controi has already established that there is an undue concentration of alcohol outlets m census tract 7019, in which our neighborhood (which is designated Resident, Visdor, Commercial and R3) and the proposed hotel are bcated That is because cuaently there are at least 93 alcohol outiets between Wilshire and Pico, Lincoln and the Pacrfic Ocean (The borders of our census tract ) Just between Pico and Colorado Blvd alone (approximately 1700 feet). 13 Alcohol CUP's for type 47 qcenses have already been issued These public eating places comam conservatively 5000 seats or rooms where alcohol may be served These include The Pnhkin Hotel site, the Shutteis Hotel. the Pacific Shores Hotel, the Mucky Duck s~te, The Loews Hotel. the Lobster House site, and the 7 to 9 alcohol CUP's ~ssued to the Sarrta Monrca Pier Based on these facts and in accordance wrth Santa Monica Muniapal Code 9 04 10 18 030 section b(S.M.M.C) the same determmation of undue concentration should be made Though the residential part of the RVC zoning designation is fvst. consideration of the weifare and property nghts of the residenis have been histoncally and routinely ignored. and neglected and abused To further illustrate this pomt the "Compatibility with the 5urrounding Area Section,' of the EIR tor this proposed hotel concluded that the ~u~apos~tion of a commeraal ~se immediately ad~acent to a residential use was incompatible and yet no mdigation measures were proposed, reqwred or attached to that EIR As per section a of the aicohol ord~nance. the proposed use wtll adversely affect the welfare of neighborhood residents in a significant manner In summary. The Loew's Hotel, The Doubletree Inn. Shutler's Hotel, and the Columbia Sussex Hotel all have one very significant thing is common All of them are not owned and operated by ihe warm and fuzzy developers who peddled them through the city permit process All have had a change o1 ownership withm the last ten years or less That is why d is imperative and essenhal that the conddions attached to the Condrt~onal Use Permd for Alcoho! for fhis proposed hotel are comprehens~ve.enforceable. very neighborhood protective and site speafic Justice must be served for the residents In your efforts you must honor the sp~nt and mtent of the alcoho! ordinance or else contmue the pattern of obsiructron of ~ustice through abuse of your descretionary powers and arbdrary deason makmg that was not based upon the facts that were presented We are therefore opposed to the issuance ot an alcohol condit~onal use perm~t and a type 47 alcohol license, duplicate licenses and a type 66 alcohol license to the owners and / or operators of the hotel at 1746 Ocean Ave., unless all the ne~ghborhood protectrve, site specific conditions are attached so that this premises dces not mterfere with the qwet en~oyment of our property and so that our publ~c health safety and welfare is protected. As appropnate we will establish the nexus for our requested condihons by referencing the Santa Monica Murocpal Code Section 9.0410.18.030 (Alcohol Ordinance) parts a-g 1 . r~ . ~ ~ Prooosed Conditions ~ The followmg neighborhood protective conditions inciude but are not Iimited to 1. Two state licensed uniformed security guards will provide 24 hour security patrol / surveillance of the ad~acent residential street, Seanew Ter., The finger lot owned by the hotel on Seaview Ter., and the utility easement located on the north side of Seanew Ter. Ad~acent to the hotel ~n order to prevent loitering and / or disturbances to nearby res~dences and in order to control noisy guests, wsitors and patrons oi the hotel. (SMMC Section a,c,f,g) 2. 24 hour public access through the hote! from Appian Way to Ocean Ave. and vica versa will be permitted. (SMMC Section a.c,f,g) 2a.Establish gates at either end of~ Seaview Terrace, (A remedy currently en~oyed by Arcadia Terrace), in order to prevent loitering and / or other disturbances to the nearby residenta aand to control noiay guests, visitora, and patrons of the hotel (SMMC a,c,f,g,h) 3. No noise, music, and / or other Irve or amplified entertainment may be audible beyond the premises.(SMMC seetion c,d ,f,g) alternative condit~on #3 3.Install dual glazed windows to replace those that face the hotel at all the propert~es adjacent to the hotel along Seaview Terrace, and no noise.etc. wfll be audible beyond 20 feet of the premises, including the pool area and balconies.(SMMC sec. a,c,f,g) 4. A cabaret / nightclub license will be required in advance of such usage at the hotel premises (SMMC sec.c.d.f,g) 5 A deta~led traffic circulaNon and parking plan for the loading and unloading of guests, goods and services for Ocean Ave and Appian Way will be filed with city and stete officials and will be stnctly enforced (SMMC sec a,c,d,e,f,g) 6 The use of Vicente Place (an alley ad~acent to the south of Seaview Ter.) as a truck route.hotel detour route,or a valet park~ng route will be prohibited (SMMC sec a,e.f,g) 7 All delrvenes and trash collection wil( be permitted on Monday-Friday between 8 AM and S PM , and Saturday and Sunday between 9 AM and 8 PM (SMMC sec.a,c,f,g) 8 The sale and service of alcohol ~s not perm~tted in the finger lot located between 19 and 31 Seaview 7er (This area will be identNied and sketched.) (SMMC sec.a,c,g,h) ~ x .k Inplude a detaded descnohQn pf the mtended use af the hnaer lot on Seawew Terrace 9 Installation of en air filtrat~on/eilent exhaust system that prevents food, smoke, and other odors from permeating the naighborhood (SMMC sec. a,c.fl 10 A mmimum of 48 hours advanceq notice when banquet faalities are to be in full use at the hotel ~1 Valet parking is prohib~ted on residential atreets. (SMMC section c,d,e,f,g) 12 Designate overnight parkmg apaces within the hotel for Seeview Terrace neighbors as per the letier ot May 5, 1989 from then pro~ect manager Oan Kingsley. (SMMC eaci~on c,d,e,f,g) In atldition we ask that in order to comply with City of Sania Monica Muniapal Code secUOn 9 04 10 18 030 part e (fraffic and parking congest~on will not resultl the following three issues be addressed in concurtence with this CUP A The ~ssuance of preferentiaVresidential parking perm~ts at the 9 parking meters frontmg Seaview Ter at Ocean Ave after 6PM (SMMC see e,c,d,e,f,gj B The installation of a treffic light on Ocean Ave between the proposed hotel and the Loews Hotel at 7700 Ocean Ave (SMMC sec c,e,f) C A coordmation ot prrvate antl public events wrth other venues 6etween Pico antl the Pier should be established as part of the citywide special events policy (SMMC sec a.c.d,e,t,g) ~mally because of the uniqueness of the locallon of this alcohol use m the immediate proxrty of a residentiai homes 0 Esta6fish that this CUP have a 5 year time fimit placed on it so that the hotel traffic circulation and parking. and other impacts on the neighbors may be assessd and remedied as time goes by (SMMC sec a,c.d.e,f,g) ~ ~ .., I P ' : '~. ._ .-, c • '---'-=~--1 -~~--~------~`,-~=- ~=----`~~ -> 1~ declare under penalty of per~ury ~ - ----°---------°-------- NarnE :pm,ed' Tha• : arn the orotesta~t herein That I have read !he above ~rotest and know the contents thereof That the same ~s true e! my own knowledge except as to those matters which are tnerein stated on mformation and belief and as to those matters I beheve to be true .~ ' ~ ^ ~ , . ~ 1~'~~.,1`.~• ',`' ~ Lt4\6C-. ~ ~~ ~1'C~ ~xecuted on-------------- - F- at------------- ---- --------- ----° ------`-- ----------°--------------~---= `-------------Califomia ~ • ~ , ,,. - ~ ~ ~{ - i ~ ~ 1 .~ ~ ~ ' _ -• ' C _ ______ __'_"""'~___~._ 'J~ ~~t 1'i_'` ~__= _" ~ _ v,. ~. ~•(-~-f ." ` L~_1"_-~_ __""_____""'____"" ~ '_' _~__ '_~. ___',_'""C:__"____"_~___ 1~'__ _'~T ~ ` fi Name (onntetl •~ Sgnature of Protestant . ~ _ . \ . . ~ _ ~ ~ :~ - ' _ ; ` _ I _ . t . 1~i ~C~ ~ ~ -Y ~~6 titL . LI V~ \ ~G, `"'ICi ~1 U ~ '---~ v~ I ~ °---- ---------- ----------°------------------~------- -- -°--- - --------- ------ ------ - Address of Protestant ~ ~ ; ~. ~~`~ I °.~~ -~. ;C(^ '`_~ ------•-------'----'----=------=------~ --t-°---- arotestant's teleohone number 3 wa ~ ~J To CAy Planners, Planrnng Commisspners, Gty Counpl, ABC . SM PD 5-8-98 From Seawew Terrace fiesdent/s Re The issuance of an alcohol Cond~tional Use Permit for a type 47 alcohol I~certse,duplicate licenses and a type 66 liquor cabinet I~cense at the hotel at 1746 Ocean Ave The California State Department of Alcohol 8everage Control has already established that there is an undue concentration of alcohol ou[lets in cerisus tract 7019, in which our neighborhood (which is designated Resident, Visitor. Commercial and R3) and the proposed hotel are located That is because currently there are at least 93 alcohol outiets between Wdshire and Pico, Lincotn and the Pacific Ocean (The borders of our census tract ) Just between Pico and Colorado Blvd alone (approximately 1700 feet), 13 Alcohol CUP's for type 47 licenses have already been issued These public eating places contam conservatively 5000 seats or rooms where alcohol may be served These include The Pntikm Hotel site. the Shutters Hotel, the Pacrfic Shores Hotel, the Mucky Duck site, The Loews Hotel, the Lo6ster House site, and the 7 to 9 alcohol CUP s issued to the Santa Mornca Pier Based on these facts and in accordance with Santa Monica Municipal Code 9 04 10 18 030 section b(S.M.M.C) the same determination of undue concentration should be made Though the residential part of ihe RVC zoning designation is fust, consideration of the welfare and property rights of the residencs have been histoncally and routinely ignored, and neglected and abused To further dlustrate this pomt the'Compatibihty with the Surroundmg Area SeCtion,° of the EIR for this proposed hotel concluded that the ~uxtaposrtion of a commercial use immediately ad~acent to a res~dential use was incompatible and yet no mitigation measures were proposed, required or attached to that EIR As per section a of the alcohol ordinance. the proposed use will adversely affect the welfare of neighborhood residents in a signifiqnt manner In summary. The Loews Hotel. The Doubletree Inn. Shutter's Hotel, and the Columbia Sussex Hotel all have one very signrficant thmg is common All of them are not owned and operated by the warm and fuzry developers who peddled them through the aty permit process All have had a change of ownership wdh~n the last ten years or less That is why it is imperatwe and essential that the conditions attached to the Conditional Use Permit for Alcohol for this proposed hotel are comprehensroe,enlorceable, very neighborhood protective and site speatic Justice must be served for the residents In your eftorts you must honor the spint and mtent of the alcohol ordmance or else continue the pattern of obstruc[ion of ~ustice through abuse of your descretionary powers and arhrtrary deasion makmg that was noi based upon the facts ihat were presented We are therefore opposed io the issuance of an alcoho! conditional use permit and a type 47 alcohol license, duplicate licenses and a type 66 alcohol license to the owners and / or operators of the hotel at 1746 Ocean Ave., unless ali the neighborhood protective. site specific condrtions are attached so that th~s premises does ~ot interfere with the quiet en~oyment of our property and so that our public health safety and welfare is protected As appropriate we will establish the nexus for our requested conditions by referencing the Santa Monica Murncpal Code Section 9.0410.18.030 (Alcohoi Ordinance) parts a-g 1 ~:. _ nb' Prooosed Condltions ~ The followmg neighborhood protective conditions include but are not limited to 7 Two state licensed uniformetl security guards will provide 24 hour security patrol ! surveillanee ot the ad~acent residential street, Seaview Ter., The finger lot owned by the hotel on Seaview Ter., and the utility easement located on the north side of Seav~ew Ter. Ad~acent to the hotel in order to pre~ent loltering end / or disturbances to nearby residences and in order to control noisy guests, vis~tors and patrons of the hotel. (SMMC Section a,c,f,g) 2. 24 hour pubiic access through the hotel from Appian Way to Ocean Ave, and viea versa will be permitted (SMMC Section a,c,t,g) 2a Establish gates at either entl uff Seaview Terrace, (A remedy currently en~oyed by Arcadia Terrace), in order to prevent loitering and / or other disturbances to the nearby residents aand to control noisy guests, visitors, and patrons of the hotel. (SMMC a.c,f,g,h) 3 No noise, music, and / or other iive or amplilied entertainmeni may be audible beyond the premises (SMMC section c.d ,f,g) ~Iternative cqndition #3 3lnstall dual glazed wrndows to replace those that face the hotel at all the properties ad~acent to the hotel along Seaview Terrace, and no noise,etc. will be audible beyond 20 feet of the premises, includ~ng the pool area and balconies.(SMMC sec a.c.f,g) 4 A cabaret / nightclub license will be required in advance of such usage at the hotel premises (SMMC seac,d.f,g) 5 A detailed treffic arculat~on and parking plan for the loading and unloading of guests. goods and serv~ces for Ocean Ave and Appian Way w~ll be filed with city and state officials and will be strictly enforced (SMMC sec. a,c,d,e,f,g) 6 The use of V~cente Place (an alley ad~acent to the south of Seaview Ter ) as a truck route,hotel detour route,or a valet parking route will be proh~bited (SMMC sec a,e,f.g) 7 Ail delrveries and trash collect~on will be permitted on Monday-Fnday between 8 AM and 8 PM , and Saturday and Sunday between 9 AM and 8 PM (SMMC sec a,c,f,g) 8 The sale and service ot alcohol is not permitted in the finger lot located between 19 and 37 Seaview Ter (This area will be identif~ed and sketched )(SMMC sec.a,c.g,h) Indude a detaded descnotion of the mtended use of the finaer tot on Seaview Terrace 9 Installation of en air fdVatior/silent exhaust syatem that prevents food, smoke, and other odors from permeating the neighborhood (SMMC sec a,c,f) 10 A minimum of 48 hours advanced not~ce when banquet facilities are to be m full use at the hotel 11 Valet parking ~s prohibited on resident~al streets (SMMC section c,d.e,f,g) 12 Deaignate overnight parkmg spac@s w~thm the hotel for Seawew Terrace neighbors as per the letter oi May 5, 1989 irom then pro~ect manager Dan Kingsley (SMMC sect~on c,d,e,f,g) In addmon we ask ihat in order to comply wrth Cdy of Santa Monica Muniapal Code secUOn 9 D41018030 part e (Traffic and parking congestion will not resul0 the following three issues be addressed in concurrence with this CUP A The ~ssuance of preferent~aVresidential park~ng permits at the 9 parking meters frontmg Seaview Ter at Ocean Ave after 6PM (SMMC sec. a,qd,e,i,gJ B The installatian ot a traffic light on Ocean Ave between the proposed hotel and the Laews Hotel at 1700 Ocean Ave (SMMC sec c,e,f) C A coordinat~on ot private and public events with other venues beiween P~co and the P~er should be established as part of the citywide special events policy (SMMC sec a,c,d,e,f,g) Finally oecause of thz uniqueness of the location of this alcohol use in the immediate prox¢y of a residenhal homes ~ Esta6iish that this CUP have a 5 year time I~mit placed on it so that the hote( traffic _ arculation and parking, end other impacts on the neighbors may 6e assessd and remedied as time goes by (SMMC sec a.c,d.e,f.g) • ""~~____'___~'_'__`'_ ~ - ~'-_""___ __ _'f-{_M________"'_,______""__ dedare ur.der oenalty of per~ury Name ~pnnted) ~ That 1 am the orotestanl herein That I have read the above protest and know the contents thereof Tha• tne same is true cf my own knowledge excep! as to those matters which are therein stated on information and behe' and as to t^.ose mariers I belreve to be true ~ ~, ~ `~S- 7S~ ~cZi~iZ/-~c~~~:u. ~xecutea on--~-------------------°-------------°-----at----------•------------------------•-----------=--------------Ca6fomia .- ,- ` i ., \ , - _ _ Y~. ' , ""_""_'___""_'__"_ ----- C ' -t`~_.___~ 1i'---...?_~~_74- ~-n'-"'°---- -"---------°- ~~ =/"=--•~ '-=-'--,_'_.. y_-~ Name cpnmed) Signature of Rotestant " i~ ~ ~ ' -------~-~'--~ ~~`-Y- _-F~t- ~ ~.2 YC `fc" -- -- ------ ----- - - ---- - -------- -- -- --- Aadress ot Protestant [r-~/- „ZL.G '^-F ~~.5- -------°--------- -----°--------°-------------------- arotestant-s telephone number 3 °F " - b t5 To Gty Planners, Plarming Comm~ssaners, Gly Counal, ABC , SMPD 5-g-9g From Seaview Terrece Resident/s Re The issuance of an alcohol Conddional Use Permit tor a type 47 alcohol license,duplicale licenses and a type 66 liquor cabinet hcense at the hotel at 1746 Ocean Ave The California State Department ot Alcohol Beverage Control has already established that there is an undue concentration of al~ohol outlets m census tract 7019, m which our neighborhood {which is designated Resident, Visitor, Commerc~al and R3) and the proposed hotel are bcated That is because currently there are at least 93 alcohol outlets between Wdshire and Pico. Lincoln and the Pacific Ocean (The borders of our census tract ) Just between Pico and Colorado Blvd alone (approximately 1700 feet), 13 Alcohol CUP~s tor type 47 licenses have already been issued These public eating places contain conservatively 5000 seats or rooms where alcohol may be served These include The Pntikin Hotel site, the 5hutters Hotel, the Pacrfic Shores Hotel, the Mucky Duck site, The Loews Hotel, the Lobster House site, and the 7 to 9 alcohol CUPs issUed to the Santa Monica Pier Based on these facts and in accordance with Santa Monica Municipal Code 9041D 18030 seCtion b(S.M.M.Cj the same determination of undue concentration should be made Though the res~de~fial part of the RVC zoning des+gnation is fust. considerat~on of the welfare and property rights of the residents have been histoncally and routinely ignored, and neglected and abused To further dlustrate this point the "Compatibility with the 5urrounding Area Section." of the EIR for this proposed hotel concluded that the ~uxtapos~tion of a commercial use immediately ad~acent to a res~dent~al use was incompatible and yet no mitigation measures were proposed. required or attached to that EIR As per section a of the alcohol ordinance. the proposed use wilt adversely affect the welfare of neighbomood residents m a significant manner In summary. The Loew's HoteL The Doubletree Inn, Shutter's Notel, ard the Columbia Sussex Hote! al! have one very signrficant Ihmg is common Ail of them are not owned and operated hy the warm and fuuy developers who peddled ihem through the city permit process All have had a change of ownership withm the last ten years or less That is why it is imperallve and essenLal that the condiUons attached to the Conddional Use Permd tor Alcohol for this proposed hotel are comprehensrve.enforceable, very neighborhood protechve and site specif~c Justice must be served tor the res~dents In your ettorts you must honor the spirit and intent of the alcohol ordinance or else continue the pattern of obstruction of ~ushce through abuse of your descretionary powers and arbrtrary deasion making that was not based upon the facts that were presented We are therefore opposed to the issuance of an alcohol conditional use permit and a type 47 alcohol license, duplicate I~censes and a type 66 alcohol license to the owners and / or operators ot the hotel at t746 Ocean Ave., unless atl the neighborhood pYOtective, site specific conditions are attached so that this premises dces not interfere with the quiet en~oyment of our property and so that our public heatth safety and welfare is protected. As appropnate we will establish the nexus for our requested condrtions by referencing the Santa Mon~ca Municpal Code Section 9.04.10.18.030 (Alcohol Ordinance) parts a-g 1 ... _ 6 j Pronosed Conditions g The fallowmg ne~ghborhood protective condihons mclude but are not limited to 1. Two state lieensed uniformed secunty guards will provide 24 hour securiry patrol / surveillanee of the adjacent res~dential street, Seaview Ter., The finger lot owned by the hotel on Seaview Ter., and the utility easement located on the north side of Seav~ew Ter Ad~acent to the hotel in order to prevent loitering and / or disturbances to nearby residences and in order to control noisy guests, visitors and patrons of the hotel (SMMC Section a,c,f,g) 2. 24 hour pubiic access through the hotel from Appian Way to Ocean Ave. and vica versa will be permitted. (SMMC Section a,c,f,g) 2a.Establish gates at either end off Seaview 7errece, (A remedy curcently enjayed hy Arcadia Terrace), in order to prevent lo~tering and / or other d~sturbances to the nearby res~dents aand to control noisy guests, visitors, and patrons of the hotel. (SMMC a.c.f,g,h) 3. No noise, music, and ! or other live or amplified entertainment may be audible beyond the premises.(SMMC sect~on c,d ,f,g) alternativ~ ~qnddiqn #;i 3lnstall dual giazed wmdows to replace those that face the hotel at all the properties adjacent to the hotel alc~g Seaview Terrace, and ~o noise,etc. will be audible beyond 20 feet of the prem~ses, including the pool area and balconies.(SMMC sec a,c,f,g} 4 A cabaret / n~ghtclu6 license will be required in advance of such usage at the hotel prem~ses. (SMMC sec c,d,f,g) 5 A detaded treffic circulatmn and parkmg plan for the loadmg and unloadmg of guests, goods and serv~ces for Ocean Ave. and App~an Way will be filed with city and state oftieials antl will be strictly entorced (SMMC sec. a,c,d,e,f,g) 6 The use oi Vicente Place (an a(ley ad~acent to the south of Seaview Ter.) as a truck route,hotel detour route.or a valet parking route witl be proh~bited. (SMMC Sec a,e.f,g) 7 All delivenes and trash collection will be permitted on Monday-Friday between 8 AM and 8 PM , and Saturday and Sunday between 9 AM and 8 PM (SMMC sec.a,c,f,g) 8 The sale and service ot alcohol is not permitted in the finger lot located between 19 and 31 Seaview Ter (This area will be identif~ed and sketched )(SMMC sec.a,c,g,h) .~. r,, - / U Include a detadgd desaiotion of the mtended use of the 6naer lot on Seaview T~rrape 9 Installation of an air f~ItretioNsdent exhaust system that prevents tood, smoke, and other odors from permeating the neighborhood (SMMC sec a,c,f) 10 A mmimum of 48 hours advanced not~ce when banquet facd~t~es are to be m tuli use at the hotel. 11 Valet parking ~s prohibited on res~dential streets (SMMC section c,d,e,f,g) t2 Designate overnight parkmg spaces w~thin the patel for Seaview Terrace neighbors as per [he letter of May 5, 1989 from then pro~ect manager Dan Kmgsley (SMMC section c,d,e,f,g) In addrton we ask that in ortler to comply v.~th Cny ot Santa Mon~ca Mun~apal Cotle sect~on 9 04 t0 t8 030 part e (fraNic and parking congestion will not result) the following three ~ssues be addressed in concurtence with this CUP A The issuanee ot preferentiaVresidential parkmg permits at the 9 parkmg meters fwntmg Seaview Ter at Ocean Ave atte~ 6PM .(SMMC sec a,c,d,e,t,g) B The installation of a traffic light on Ocean Ave between the proposed hotel and the Loews Hatel at 1700 Ocean Ave (SMMC sec c,e,f) C A ooordination of privaie and publ~c events with other venues between P~co and the Pier should be established as part ot the citywide speaal events policy (SMMC sec. a,c,d,e,f,g) F~naily because cf the urnqueness ef the :ocation of !nis alcohol use in the immediate proxrty oT a resdential homes ~ Establish that this CUP have a 5 year time limit pleced on ~t so that the hotel trattic circulation and parking, and other impacts on the neighbors may be assessd and remedied as time goes by (SMMC sec a,c,d,e,f,g) ~ r p~~ I-------~~-~'-~-~'lA''-~~~--X----------------------------- deciare under penalty ot oenury fvarre (pnnted; T~at I am Ihe protestant herein That I have read ihe above protest and know the contents ihereof Tnat ~he sam=_ is t;ue ct my owr knowledge except as to those matters which are [herem stated on mforma6on and be~~e', ar.d as ;c .hose ^,aTers ! befieve to be true Executed on__________________.______._______.__.________aj._____________ ._______.______.______________.___._____________Calrfomia . - _ ~ ,,~ ~ ~ ~ ~, , ~ ., , ; , ~ i + ~ . ---------~------------------------------------~-------- -------------- --- --- -~~----- --- ----- - - --------- ------------------ Name ;~nnt~al ~\ ~ignaMe of t ~f ~ ` 5~~~:-~-~-~-~-------1---~ ~~-~- ~~ S r~ ~ 9 T~r ~ c --------u-------------- ------ -------=--- -------f------------------------------------------------- Address o' Protestant , 7 _ `7 -------~-7---a-------~- G-- ~----~'---------------- Protestant 5 telephone number 3 ~ ., _ ~ i To Gty Planners, Planrung Comm~ssonas, CAy Couna7, ABC , SMPD 5-8-98 From Seaview Terrace Residentfs Re The issuance of an alcohol Conditional Use Permit tor a type 47 alcohol license,duplicate licenses and a type 66 Iiquor pbinet license at the hotel at 1746 Ocean Ave The Califomia State Department of Alcohol Beverage Control has already established that there is an undue concentration of alcohol outlets in census tract 7019, m which our neighborhood (which is designated Resident, Visitor, Commercial an~ R3) and the proposed hotel are located That ~s because currently there are at least 93 alcohol outlets between Wilshire and Pico, Lincoln and tEie Pacific Ocean (The borders of our census tract ) Just between Pico and Colorado Blvd alone (approximately 1700 feet), 13 Alcohol CUP's for type 47 hcenses have already been +ssued These public eating places contain conservatively 5000 seats or rooms where alcohol may be served These include The Pntikin Hotel site, the Shutters Hotel, the Pacrfic Shores Hotel the Mucky Duck site, The Loews Hotel, the Lobster House site, and the 7 to 9 alcohol CUP ; issued to the Santa Monica Pier Based on these facts and m accordance wdh Santa Monir;a Munic~pal Code 9 04 10 18 030 section b(S M.M C) the same determination of undue concEantratbn should be made Thou~h the residential part oF the RVC zornng designat~on is first, consideration of the welfare and f,roperty rights of the residents have been histoncally and routinely ignored, and neglected and _ibused To further illustrate this point the "Compatibility wdh the Surroundmg Area 5ection," of thE EIR for this proposed hotel concluded that the~uxtaposdion of a commeraal use immediately ad~acent to a residential use was incompatible and yet no mitigation measures were proposed, reqw•ed or attached to that EIR As per section a ot the alcohol ordinance, the proposed use will adve~sely affect the welfare of neighborhood residents in a significant manner In su nmary, The Loew's Hotel, The Doubletree Inn, Shutter's Hotel, and the Columbia Sussex Hotel all have one very s~gniticant thmg is common All of them are not owned and operated by the warm and fuzzy developers who peddled them through the city permit process All have had a change o1 ownership within the I<,st ten years or less That is why it ~s imperatrve and essential thai the conditions attached to the Conc;tional Use Permit tor Alcohol for this proposed hotel are comprehensive,enforceable, very neigtborhood protectrve and srte speafic JusUCe must be served !or the resideMS In your eiforts you must honor the sp~rit and mtent of the alcohol ordinance or else continue the pattern of obstruction of ~ustic= through abuse of your descret~onary powers and arb~trary decision making that was not based upon the tacts that were presented We are therefore opposed to the issuance of an alcohol conditional use permit and a type 47 alcohol license, duplicate licenses and a type 66 alcohol license to the owners and / or operators of the hotel at 1746 Ocean Ave., unless all the neighborhood pYOtectrve, site specific conditions are attached so that this premises does not interfere with the quiet en~oyment of our property and so that our public health safety and welfare is protected As appropr~ate we wil! establish the nexus for our requested conciit~ons by referenang the Santa Mon~ca Murncpal Code Section 9.04.10.18 030 (Ala~hol Ordinance) parts a-g 1 ~~ ` ~L Prooosed Conditions g The foliowing neighborhood protective conditions include but are not limited to 1. Two state lieensed uniformed secunry guards will provide 24 hour security patrol / surveillance of the ad~acent residential street, Seaview Ter., The finger lot owned by the hotel on Seaview Ter., and the utility easement located on the north side of Seaview Ter. Adjacent to the hotel in order to prevent loitering and / or d~sturbances to nearby residences and in order to control noisy guests, visitors and patrons of the hotel. (SMMC Section a,c,f,g) 2 24 hour public access through the hotel from qppian Way to Ocean Ave. and vica versa will be permitted. (SMMC Section a,c,f,g) 2a.Establish gates at e~ther end oH Seaview Terrace, (A remedy currently en~oyed 6y Arcadia Terrace), ~n order to prevent lo~tenng and / or other disturbances to the nearby residents aand to control naisy guests, visitors, and patrons of the hotel. (SMMC a,c,f,g,h) 3. No noise, music, and / or other live or amplified enterta~nment may be audible beyond the premises.(SMMC section c,d ,f,g) altemative condrtion ~3 3.Instail dual glazed windows to replace those that face the hotel at all the properties ad~acent to the hotei alon9 Seaview Terrace, and no no~se,ete. will be audible beyond 20 feet of the premises, including the pool area and balconies.(SMMC sec. a.c,f,g) 4 A eabaret / nightclub license will be required in advance of sueh usage at the hotel premises (SMMC sec c.d,f,g) 5 A detailed traffic circulation and parking ptan for the loading and unload~ng of guests, goods and serv~ces for Ocean Ave. and App~an Way will be filed with city and state ott~ciais and wiil be stnctly enforced. (SMMC sec. a,c,d,e,t,g) 6 The use of Vicente Place (an alley ad~acent to the south of Seaview Ter.) as a truck route.hotel detour route.or a valet parki~g route will be prohibited. (SMMC sec. a.e,f,g) 7 All delivenes and trash collection will be permitted on Monday-Friday between 8 AM and 8 PM , and Saturday and Sunday between 9 AM and B PM (SMMC sec.a,c,f,g) 8. The sale and service of alcohol is not perm~tted in the f~nger lot located between 19 and 31 Seaview Ter (This area wilt he identified and sketched )(SMMC sec.a,c,g,h) ., ,, 7 ~ Incfude a detaded descnotion ot the mtended use of the finaer lot on Seaview Terrace 9 Installation of an av filtratioNsilent exhaust system that prevents food, smoke, and other odors from permeating the neighborhaod (SMMC sec a,c,f) 1 0 A min~mum of 48 hours advanced notice when banquet facilit~es are to be m tuil use at the hotel 71 Valet parking is proh~bited on residential streets (SMMC section c,d,e,f,g~ 12 ~esignate overmght parking spaces withm the hotel for Seaview Terrace neighbors as per the letter of May 5, 1989 fram then pro~ect manager Dan Kingsley (SMMC sect~on c,d,e,f,g) In addrtion we ask That in ortler To comply with Crty of Santa Monica MuNctpal Code sectwn 9 04 7 0 18 030 part e (Tra~f~c and parkmg congestion wdl not resulq the followmg three issues be atltlressed in concurrence wrth this CUP A The issua~ce of preferentiaVresidential parking permits at the 9 parkmg meters frontmg Seaview 7er at Ocean Ave after 6PM (SMMC sec a,c,d,e,t,g) B The installa[ion of a tratfic light on Ocean Ave between the proposed hotel and the Loews Hotel at 1700 Ocean Ave (SMMC sec c,e.f) C A coordinatian of pnvate and pu61~c events with other venues between P~co and the P~er should be establ~shed as part ot the eitywide special events policy(SMMC sec a,c,d,e,f,g) Finaiiy becausz c' Ma uniquer.ess of the iocation cf ;nis alcohol use in !he immediate proxity of a reside~hal homes D Establish that this CUP have a 5 year time I~mit placed on it so that the hotel trattic circulation and parking, and other impacts on the neighbors may be assessd and remedied as time goes by (SMMC sec a,c.d.e.f,g) SlE_/` ___ Cf~RTE_________________________________ tleclare undar penalty of pe~~ury ~ ----"__ Narre (pnnted) ~hat i am the protestant herein That I have read the above protes[ and know the contents thereot Tr,a! +ne same ~s true of my own knowledge except as tc those matters which are therein stated on infortnation and be'i=_f anc as tc thosz marers I believa tc b= tr~e ' , Exe^~•ec or--------~-1~~ ~? y'r ~ ~ ---- ~9'^~--------- 1 ~/1~/ ~----°°-----~--------Calrfom~a ~ -- r- a~---------~----~- --yr-~------~ ;~ _ ('~,~,-~ ~~--- ~ 1F-- ----~-\ ~~-~-------~--~----------'-'-" { ~-_ r ti.c - ---------------Y_-~_~._{,_±Nn!~,----~--------=-----------~--~------------ Name ~pnntedl Signature of Protestant -~7--s~_,~~~~~ ~~---?-~----~~----`~~'--~G~=--------~v`~~-~--------- Address of Protesiant ~ ~f. _ --~~!=-- =~~~-~------G~-1-`~---- ~rotestam s telephone number 3 ., a _ '/ '! To Gry Planners, plennmg Comm~ssioners, Gry Counal, ABC , SMPD 5-8-98 From Seav~ew Terrace Residentls Re The issuance of an alcohol Condrtbnai Use Permit for a type 47~~ICOhoI license,duphcate licenses and a type 66 ~~quor cabmet hcense at the hotel at 1746 pc¢an qve The Califom~a State Departmenc of Alcohol Beverage Control has already established that there is an undue concentration oi alcohol ou~~ets in census tract 7019, in which our neighbomood (which is designated Resident, Visitor, Commercial and R3) and the proposed hotel are located That is because currently there are at least 93 alcohol outlets between Wilshire and Pico, Lmcoln and the Pacific Ocean {The borders of our census tract ) Just between Pico and Colorado Blvd alone (approximately 1700 feet), 13 Alcohol CUP's for type 47 licenses have already been issued These public eating places contain conservativeiy 5000 seats or rooms where alcohol may be served These include The Pntikin Hotel sde, the Shutters Hotel, the Pacrfic Shores Hotel. the Mucky Duck site, The Lcews Hotel, ihe Lobster House site, arxi the 7 to 9 alcohol CUP's iSSUed to the Santa Monica Pier Based on these facts and m accordance with Santa Monica Municipal Code 9 04 10 18 030 section b(S.M.M.C) the same determination of undue concentration shouid be made Though the residential part of the RVC zon~ng designat~on is fust. considerahon of the welfare and property rights of the residents have been histoncally and routinely ignored, and neglected and a6used To further illustrate this pomt the "Compatibihty with the Surroundmg Area Section," of the EIR for this proposed hotel concluded that the ~uxtaposdion oi a commeroial use immediately ad~acent to a residential use was incompatible and yet no mdigation measures were proposed, reqwred or attached to that EIR As per section a of the alcohol ordinance, the proposed use will adversely affect the welfare of neighborhood residents m a significant manner In summary, The Loews Hotel, The Doubletree Inn, Shutter's Hotel, and the Columbia Sussex Hotel a!! have one very signrficant thmg is common All of them are not owned and operated by the warm and fuzzy developers who peddled them through the aty permit process All have had a change oi ownership wdhin the last ten years or less That is why it is imperetive and essential that the conditions attached t0 the Conditional Use Permit for Alwhol for this proposed hotel are comprehensrve,enforceable, very neighborhood protectrve and site specitic Justice must be served for ihe residents In your efforts you must honor the spint and intent of the alcohol ordinance or else continue the pattern ol obstruction of ~ushce through abuse ot your descretionary powers and arbdrary decision makmg that was not based upon the tacts that were presented we are therefore opposed to the issuance of an alcohol conditionaf use permit and a type 47 alcohol license, duplicate licenses and a type 66 aicohol license to the owners and / or operetors of the hotei at 1746 Ocean Ave., unless ail the ne~ghborhood pTOtective, site specific conditions are attached so that this premises does not interfere with the quiet en~oyment of our property and so that our public health safety and welfare is protected. As appropnate we wili establish the nexus for our requested conditions by referenang the Santa Monica Municpal Code Section 9 04.10 18.030 (Alcohol Ordinance) parts a-g. 1 y ., . 7 , prooosed Conditions ~ The following neighborhood protective conditions ~nciude but are not limited to 1. Two state licensed uniformed security guards will provide 24 hour secu~ity patrol / surveillance ot the ad~aeent residential street, Seaview Ter., The finger lot owned by the hotel on Seaview 7er., artd the utility easem¢nt located on the noKh side of Seaview Ter. Adjacent to the hotel in order to prevent lortering and / or d~sturbances to nearby residences and in order to control noisy gyests, visitors and patrons oi the hotel. (SMMC Section a,c,f,g) 2. 24 hour publie access through the hotel from Appian Way to Ocean Ave. and vica versa will qe perm~tted (SMMC Section a,c,f,g) 2a.Establish gates at either end off Seav~ew Terrace, (A remedy currently en~oyed by Arcadia Terrace), in order to prevent laitering and / or o[her disturbances to the nearby residents aand to control noisy guests, visitors, and patrons of the hotel (SMMC a,c,f,g,h) 3. No noise, mus~c, and / or other live or amplified entertainment may be audibie beyond the premises.(SMMC section c,d ,f,g) altematrve condd~on #3 3.Install dual glazed windows to replace those that face the hotel at all the properties ad~acent to the hotel along Seaview Terrace, and no noise,etc. will be audible beyond 20 feet of the premises, including the pool area and balcomes.(SMMC sec. a,c,f,g) 4 A cabaret / nightclub license will 6e required in advance of such usage at the hotel prem~ses (SMMC sec.c,d,f,g) 5 A detaded traffie circulat~on and parking plan for the loadmg and unloadmg of guests, goods and services for Oeean Ave. and App~an Way w~ll be fiied with city and sta[e off~cials and will 6e stnctly enforced. (SMMC sec. a,c,d,e,f,g) 6 The use of Vicente P~ace (an alley ad~acent to the south of Seav~ew Ter.) as a truck route,hotel detour route,or a valet parking route will be proh~bited {SMMC sec. a,e.f,g) 7 All delivenes and trash collection witl be permittetl an Monday-Friday between 8 AM and 8 PM , and Saturday and Sunday between 9 AM and 8 PM (SMMC sec a,c,f,g) 8. The sale and service of alcohol is not permitted in the finger lot located between 19 and 31 Seawew Ter (This area will be identif~ed and sketched.) (SMMC sec a,c,g,h) ~ 7_ r G Indude a dgtaded descnotion qt the intended use of ihe fmaer lot on Seawew Terrace 9 Installation of an air tiitration/silent exhaust system that prevents food, amoke, and other odors from permeating the neighborhood (SMMC see. a,c,f) 1 0 A min~mutn ot 48 hours advancetl not~ce when banquet faciliues are to be In full use et the hotel 11 Valet parking is prohibrted on res~dent~al streets (SMMC sect~on c,d,e,f,g) 12 Des~gnate overmght parking spaces within the hotel tor Seaview Terrace neighbors as per the letter of May 5, 1989 from then pro)ect manager Dan K~ngsley. (SMMC sect~on c,d,e,f,g) In aCCition we ask that in ortler to comply with City of Santa Monica Muniapal Code sechon 9 04 70 7 6 030 part e (Traflic and parkm,g congestion wdl not resulU the following three issues be addressetl m concurrence wRh this CUP A The issuance af preferentiaVres~dential parking parmits at the 9 parking meters fronting Seav~ew Ter at Ocean Ave after 6PM (SMMC sec a,c,d,e,f,g) B The installation of a traffic light on Ocean Ave between the proposed hotel and the Loews Hotel at 1700 Ocean Ave (SMMC sec c,e,}) C A coordination ot prrvate and publ~c events with other venues between Pico and the P~er should be esta6lished as part of the atywide special events polwy (SMMC sec a,c,d,e,f,g) ~ina"y bzcause of the uniqueness ef !ne iocanon ot this alcohol use in the immediate proaity of a residential homes D Establish that this CUP have a 5 year t~me limit placed on ~t so that the hotel traH~c cvculation and parking, and other ~mpacts on the ne~ghbors may be assessd and remedied as time goes by (SMMC sec a,c,d.e,t,g) I---- ~~--- we-~` --------------------------- declare under penalty of peryury Name (pnnted) -nat I am tne protes7ant herem That I have read the a6ove orotest and know the contents thereof ; nat tne same is true oi r~y own knowledge except as to Ihose matters which are therem stated on mformation anC belie' ara as'o ~ticse matters I believe to 6e tru= Execui=d c~-----------------------------°`-- ---°--a'-^-------------'---------1------'------~---------------Calrfom~a , ' ~ , • ~ ~ ______________________'__,..__.___.__________.._ -'_____.__~ "~L+__ ______ ____________________ ______________~~.__`_____.___ _.__.___-_____ ' ' - Name ~pr.rned? Signature of Protestant - ~~ - . . ~ - - ~ /,% / ~ ------------------------------------- -----------------------------------------------------------------°----------- ~ Address of Protestant , . - _ ", , r _____.__'.__.___'___.__` _ _____________~1_~__'_`____ Protestant s telephone number 3 MI pi ;, '~ ^~ To Glry Planners, Plannmg Commissroners, City Counal, ABC , SM PD 5~98 From Seav~ew Tercace Res~dentfs Re The issuance of an alcohol Condrtional Use Permit for a type 47 alcohol license,duplicate licenses and a type 661iquor cabmet hcense at ihe hotel at 1746 Ocean Ave The Califorrna State Department of Alcohol Beverage Controi has already established that there is an undue concentration of alcohol outlets in census tract 7019, ~n which our neighborhood (which is designated Resident, Visitor. Commercial and R3) and the proposed hotel are located That is because currently there are at least 93 alcohoi outlets between Wdshire and Pico. Lincoln and the Pacific Ocean (The borders of our census tract ) Just between Pico and Colorado Blvd alone (approximately 1700 feet). 13 Alcohol CUP's for type 47 licenses have already been issued These public eating places conta~n conservatively 5000 seats or rooms where alcohol may be served These mclude The Pntikin Hotel sde, the Shutters Hotel, the Pacrfic Shores Hotel, the Mucky Duck site, The Loews Hotel, the Lobster House sde, and the 7 to 9 alcohol CUP's issued to the Santa Monicz Pier Based on these facts and in accordance with Santa Monica Municipal Code 9041D 18030 section b(S.M.M.C) the same determination of undue concentration should be made Though the residential part of the RVC zoning designation is first. consideration of the welfare and property rights of the residenis have been historically and routinely ignored. and neglected and abused To further illustrate This point ihe "Compatibdity with the Surroundmg Area Section," of the EIR for this proposed hotel concluded that the ~uxtaposdion of a commeraal use immediately ad~aceni to a residential use was incompatible and yet no mitigation measures were proposed. req~ired or attached to that EIR As per section a of the alcohol ordinance, the proposed use will adversely affect the welfare of neighborhood reside~ts in a significant manner In summary. The Loew's Hotel. The Doubletree Inn. Shutters Hotel and the Columbia Sussex Hotel all have one very significant thing is common All of them are not owned and operated by the warm and fuzzy developers who peddled them through the cdy permit process All have had a change of ownership within the last ten years or less That is why d is imperatroe and essenhal that the conddions atlached to the Conditional Use Permit for Alcohol for this proposed hotel are comprehensrve,enforceable. very neighborhood protecirve and site specrfic Justice must be served for the residents In your efforts you must honor the spvit and inteni of the alcohol ordinance or else continue the pattern of obstruction of ~uslice through abuse ot your descretronary powers and arbrtrary dedsion making that was not based upon the facts that were presented We are theretore opposed to the issuance of an alcohol conditional use perm~t and a type 47 alcohol license, dupl~cate licenses and a type 66 alcohol I~cense to the owners and / or operators of the hotel at 1746 Ocean Ave., unless all the neighborhood pYOtective, site specific conditions are attached so that this premises does not interfere with the quiet en~oyment of our property and so that our public health safety and welfare is protected. As appropriate we wdl establish the nexus for our requested conditions by referencing the Santa Monica Municpal Code Section 9.04.10.18.030 (Aicohol Ordinance) parts a-g 1 ~, .-. ~ ~ J prooosed Conditions Z, The foilowing neighborhood protective conditions inciude but are not hmrted to 1. Two state licensed uniformed security guarda will provide 24 hour seeurity petrol / surveillance of the adjaeent residential street, Seaview Ter., The finger lot owned by the hotel on Seaview Ter., and the utility easement located on the north side of Seaview Ter. Adjacent to the hotel in order to prevent loitering and / or disturbances to neerby residences and in order to control noisy guests, visitors and patrons of the hotel. (SMMC Section a,c,f,g) 2. 24 hour pubtie access through the hotel from Appian Way to Ocean Ave. and vica versa will be perm~tted. (SMMC Section a,c,f,g) 2a Establish gates at either end uff Seav~ew Terrace, (A remedy currenUy en~oyed by Arcad~a Terrace), in order to prevent loitering and / or other disturbanees to the nearby residents aand to control noisy guests, vis~tors, and patrons of the hotel (SMMC a,c,f,g,h) 3 No noise, music, and / or other Irve or amplified entertainment may be audible beyond the premises.(SMMC section c,d .f,g) alternative conddion #3 3lnstall dual glazed wmdows to replace those that face the hotel at all the propert~es ad~acent to the hotel along Seaview Terrace, and no no~se,etc. will be audible beyond 20 feet of the premises, including the pool area and balconies (SMMC sec a.c,f,g) 4 A cabaret / nightcluh license will be required m advance of such usage at the hotel prem~ses (SMMC sec.c.d.f,g) 5 A detailed traffic circulation and parking plan for the toading and unloading of guests, goods and serv~ces for Ocean Ave and Appian Way will be filed with city and state officials and wdl be stnctly enforced (SMMC sec a.c,d,e,f,g) 6 The use of Vicente Place (an alley adjacent to the south of Seav~ew Ter.) as a truck route,hotel detour route,or a valet parking route will be prohibited. (SMMC sec. a,e.f.g) ~ All delrvenes and trash collection will be permitted on Monday-Fnday between 8 AM and 8 PM , and Saturday and Sunday between 9 AM and 8 PM (SMMC sec.a,c,f,g) 8 Tbe sale and service of alcoho! is not permitted ~n the finger lot located between 78 and 31 Seaview Ter (This area will be ~dentif~ed and sketched )(SMMC sec.a,e,g,h) M e: .. ~ -, J Include a detaded descnohpn pf the intended use of the fmaer lot on Seav~ew Terrace 9 Installation of an an filtretion/edent exhaust system that prevents food, smoke, and other odors hom permeating the neighborhood (SMMC sec. a,c,f) 7 0 A minimum of 48 hours advanced natice when banquet tacdrt~es are to be in fuli use at the hotel ' 17 Valet parking is prohibited on residential streMS (SMMC section c,d,e,f,g) 12 Designate nvern~ght parkmg spaces withtn the hotel for Seaview Terrece ne~ghbore as per the letter ot May 5, 1989 from then pro~ect manager Dan Kingsley (SMMC sect~on c.d,e,f,g) In adtlition we ask that in ortler to comply with City of Santa Monica Muniapal Code secLOn 9 04 10 t8 030 oart e (?rattic and parking congestion wdl not resultl the followmg three issues be addressed m concurrence with thi6 CUP A The issuance of preferential/residential parking permits at the 9 parking meters fronting Seaview Ter at Ocean Ave after 6PM (SMMC sec a,c,d,e,f,g) B The installation of a traffw light on Oc~n Ave between the proposed hotel and the Loews Hotel at 1700 Ocean Ave (SMMC sec c,e,f) C A coardination oi ptrvate and public events w~th other venues between P~co and the Pier should be established as part of the citywide special events policy.(SMMC sec a,c,d,e,f.g) Finally because Cf tFe uniqueness of the location of this alcohol use in the immediate proxity oi a residential homes D Esiablish that this CUP have a 5 year time i~mrt placed on rt so that the hotel traffic circulation and parking, and other impacts on the neighbors may be assessd and remed~ed as trme goes by (SMMC sec a.c.d,e.f,g) ~i~" ~Ni /ti 1 N(9 ~---------=--v--'--'--'°----'-------------------'----"-'------------'_" deciare under penalty o' perwry. Name~pnmed) That i am the orotestant herem That I nave read the above protest and know the contents thewof That the same is ;rue ot my own knowledge except as to those matters which are tnerein stated on intormanon and belief anc as to those matters I bel~eve to be true 7,,~ ~~ ~ ~ - ~ ~. ~~ ~°UV~`"~- Exec~teo on--------5/2b•,--~~"------------------at---------------------------------------=------------------------Caldornia ~~ ~ ~~/_ F '~~A2 --MMlP/~ . % -----------?-' ---------------------------------------- ------------•-------------- - ------------ -- ------------------------------------ Name ~pnntetl~ Signanme oi estant !i"~ ~.~(.GYlc~r' .1Fi/~~~~ //iGf/2~-caC- ~ ~~~j/ _______ ______ ______________ _______!_.______ _._. _.. __.__-___________ _____. _____ ___________. ______. ______________________ __ Address of Protestant ------- ~~~ - 39~; /~ 7~------------•---------- arotestant s teleohone number 3 M q ~ . ATTACHMENT D Letters in Response to Neighbors from Lawrence & Harding ~ ~_ . ~; LAWRENGE & HARDING .rroa~E.= Ar ~, _ ,==o =,xr~ =.aEEr cna~stoeH[w n n~.ao~HG 3 i1E 300 w~cHwvo a ~www[r~CE SnHin rnOViC~ Ce.I~FOFNin 90<O~-~602 KENNETH L KuTCHEP ~E~~~ ~ Ko~„~ ~ April 15, 1998 rE~EP~o,.E ~3~0, 3s3 ~oo~ .~a~s E ,AA,s~~,..s , ~•-, ~~~;,.~, F,.«~,.~~E ~3,a~ <ze-,a~a cirY c= sL : ~.. . c~ ~ ~' - _ A ~~ ~;`~ ~ ~ wA,rea = , o,.~ (310) 451-4138 Ms. Stephanie Barbanell ~ APR 16 P2~3$ 16 Seaview Terrace Santa Monica, CA 90401 Re: Hotel Pro~ect Under Construction at 1746 Ocean Avenue Co^_3=r:on>> LTge ne.,.~, r ptr~ :~~r; c^ gegy_-3y^3 Service of Alcohol/CUP No. 98-003 Applicant: Columbia Sussex Corporation Our File No.: 1370.1 Dear SteDhanie: Enclosed is a memorandum responding to the proposed co~ditions in the above-referenced matter which you prepared datec N,arch 25, 1998. As the memorandum indicates, Columbia Sussex is agreeable to complying with many of your proposed cona_cions withost moaification. Apparently, some of your ne~ghbors are concerned about whetner Columb~a Sussex will orovide parking in tne hotel's garaqe for ~he proposed pro~ect at the Sea Castle site. There is no re~u~rer.+ent in Columbia Sussex's City approvals reauiring that i- c-~vi3e narking for any surrcundina properties. In addition, _._G_= cc^fi-med k•ith Bruce :~each, Staff Planner for the C_ty of .,-r_ta Moaica, tha*_ the receat approvals for ~he pro~ec~ at tl-ie Sea Css~i~ si~e do no~ ~nciude any condi~ions relat~ng to pGricing at C~L~T.U-a Sussex's ho~el. Coiumbia Sussex will require all of ~_e Fsrkir_g ~n ~ts garace for its puests, invitees and employees a:fc c~es ^.o~ ~n-=~3 to pro~ide parking for any other parties_ If you have any erc_c;e3 ~e*norazdum, plea: f.~'f:/3ia_ E:1C10 3L"_"° ~.. ~usar. Eealy rie=_ae .'os2p1: Yuzg ~=1e~n I:ech: ardl,xv t/his letter or tiie Sinc re ~, ~ / / ~/ / / Kev~n V. Kozal / _`o= LA{^1RENCE ~H:ARDING a ?r~fess~ona~ Corporation _.^ris~oph°r M. Harding, tsq. - ..-'_~_~ 3;c - +5a .. ~ ~ MEMORANDUM TO Stepharne Barbanell FROM. Kevin V Kozal LAWRENCE & HARDING, APC Gr, i c r`+pri i 5, i 980 SUBJECT: Conditional Use Permit Application Regarding Service of Alcohol/CUP No. 98-003 Our File No 1370.1 RE Proposed Cond;tions Drafted By Ms Barbanell Dated March 25, 1998 This memorandum provides Columbia Sussex's responses to the proposed conditions you prepared regarding the above-referenced application Your conditions were set forth in a letter dated March 25, 1998 to City Panning Staff. The full text of each of your conditions is set forth below for your convernent reference As confirmed below, Columbia Sussex will agree to many of your proposed conditions without modification 1. Text Of Your Proposed Cond~fion "A 24-hour security patrol/surveillance of the ad~acent residential street, Seaview Terrace, the finger lot owned by the hotel on Se?v~aw Te~~ace, a~d !he ut:l,+., easeme^: !cca:ed o~~ :~e ~ort~ ~ side of Seaview Terrace ad~acent to the hotel should be established in order for the applicant to prohibit loitering and control noisy guests, visitors and patrons of the hotel " Columbia Sussex's Response Columbia Sussex is concerned about lia6dity issues m agreeing to patrol or provide security on public streets, public easement areas, or other areas which it does not own or lease In addition, the City and its Police Department may not authorize such activity For these reasons, Columbia Sussex cannot agree to provide security, patrols, or surveillance on ad~acent residential streets Columbia 5ussex mcluded the following proposed condition in its CUP Application "The apphcant shali prohibit loitenng and control noisy guests, patrons, and visitors leaving the Ocean Hotei " In addition, it is a standard reqwrement for alcohol ~p ~ 8 J CUP applications that the applicant submit a security plan which must be reviewed by the Police Department. Columbia Sussex has submitted a draft secunty plan with its Application Columbia Sussex wdl have a security service present at the hotel. Gwen the above, Columbia Sussex does not believe an additional condition regardmg security or survedlance is necessary. ~ 2. Text Of Your Proposed Condifion: "24-hour pubiic access through the hotel from Appian Way to Ocean Avenue and vice versa be maintamed " Columbia Sussex's Response: The main entrance to the hotel on Ocean Avenue wiil be open to the general public. As a generai business policy, simdar to other hotels, Columbia Sussex has no mtention of precluding public access to its hotel. Nevertheless, Columbia Sussex must reserve the nght to, if it chooses, limit access into and through the hotel from Ocean Avenue to its guests, invitees and employees This is a nght all businesses in general maintain. In addition, anyone inside the hotel wdl be able to use the exit onto Appian Way at anytime This most likely will be required by the Fire Department. However, consistent with secunty reasons, Columbia Sussex may limit access to the hotel from Appian Way to hotel guests, mvitees and employees Furthermore, a condition reqwring public access through the hotel may establish some sort of public easement through the hotel This would be mconsistent with Columbia Sussex's operation of the hotel and its lease for the property. For the above reasons, Columbia Sussex does not believe a condition regarding publ~c access through the hotel is necessary or appropriate 3. Text Of Your Proposed Condition "No noise, music, and/or other live or ampfified entertainment may be audible beyond the premises " ColumB~a Sussex's kesponse: it is unreasonable to require that no noise from the hotel be audible beyond the premises. Since sound travels, such a requirement would prevent Columbia Sussex from generating any noise on its property near the property boundaries In addition, Columbia Sussex wdl be sub~ect to the City's Noise Ordinance. We suggest the foliowing revised condition "No music or other live or amplified entertainment may be permitted which (1) can be heard at surrounding residences, and (2) violates prowsions of the City's Noise Ordinance 4. Text Of Your Proposed Condition "Detaded traffic arcufation and parking plan for the loading and unloading guests, goods, and services for Ocean 8vr~emDB 370 L ~G ` ~4 Avenue and Appian Way will be filed with city and state officials and wiil be strictly enforced." Columbia Sussex's Response: This condition is acceptab{e. 5. Text Of Your Proposed Condition : "The use of Vicente Place (an alley ad~acent to the south of Seaview Terrace) as a truck through traffic (or hotel detour route) and valet parking route be prohibited." Colum6ia Sussex's Response: This condition is acceptable. 6. Text Of Your Proposed Condition : "All delivenes and trash collection will be permitted on Monday-Friday between 8 00 a.m. and 8:00 p.m., and Saturday and Sunday between 9:00 a.m. and 8:00 p m." Columbia Sussex's Response: A condition regarding deliveries is included in Columbia Sussex's DR Perm~t for the hotel. In addition, the restnction upon trash collection is acceptable, prowded the City, which provides this service, agrees to this condition as wefl Otherwise, your condition is acceptable 7. Text Of Your Proposed Cond~tion "The sale and service of alcohol not be permitted in the finger lot located between 19 and 31 Seaview Terrace (This area will be identifed and sketched )" Columbia Sussex's Response: This condition is acceptable 8. Text Of Your Proposed Condition "Installation of an air illtrationlsdent exhaust system that prevents food, smoke, and other odors from permeating the neighborhood " Columbra Suss?Y'~ !?esror.se: The cecking of fced is urrelated to tY~e alcoho{ CUP {n addibon, the DR Permit for the hotel expressly requires that the kitchen be located at the northern side of the property This was required to mitigate any adverse impacts of exhaust from the kitchen For these reasons, a condition regarding exhaust from the kitchen is not appropnate in this matter Nevertheless, Columbia Sussex is in the process of mvestigating options for providing an air filtration and exhaust system 1Ne will notify you once we have completed our investigation m this regard 9. Text Of Your Proposed Condition "A minimum of 48 hours' advanced notice when banquet faci(ities are to be m full use at the hotel A coordmation of private and public events with other venues between Pico and the Pier should be established as part of the citywide speaal events policy " &<~mer^.~8 370 3 ..r ~ 8 J Columbia 5ussex's Response: Columbia Sussex cannot be required to comply with a noticing program unless all other hotels agree to comply. Therefore, we suggest the following condition: "Applicant will participate in any program established to coordinate and provide notice to neighbors regarding use of banquet faalities in its hotel and neighboring hotels provided ail hotels in the general vicinity of applicant agree to parkicipate in such a program ° ~ 7 0. Text Of Your Proposed Condition : "Designate the only 9 available free surface parkmg spaces in front of SeaviewTerrace as a residential ovemight parkmg zone after 6:00 p.m. or, altematively, provide same said number of free ovemight parking spaces within the hotel for Seawew Terrace neighbors." Coh~mbia Sussex's Response: Restnctions on parking outside of the property must be addressed separately witn the City and are not related to Coiumbia Sussex's CUP application. In addition, all parking in the hotel is required for hotel use. 11. Text Of Your Proposed Condition : "Valet parking be prohibited on resident~al streets." Columbia Sussex's Response: This condition is acceptable. 1. Texi Of Your Proposed Condition . "The issuance of preferentiaUresidential parking permits at the 9 parking meters fronting Seaview Terrace at Ocean Avenue after 6:00 p m" Columbia Sussex's Response: This condition is unrelated to Columb~a Sussex's CUP application and must be addressed separately with the City 2. Text Of Your Proposed Condifion - "The mstallation of a traffic light on Ocean Avenue between this premise and the Lowe's Hotel at 1700 Ocean Avenue " Columbia Sussex's Response: This condition is unrelated to Columbia Sussex's CUP application and must be addressed separately with the City. Text Of Your Proposed Condibon "F~nally, because of the uniqueness of the location of this alcohol use in the immediate proximity of a residential area, this CUP must have a time limit placed on it so that the hotel traffic arculation and parking, and other impacts on the neighbors may be assessed and remedied as time goes by " Bvmem~8 370 4 r~ , U ti Colum6ia Sussex's Response: This condition is unacceptable. Other alcohol CUPs issued by the City do not contain sunset clauses fivr~emD8 37C .1 e1 ~ (J r ATTACHMENT E Radius & Location Map ~'~ ` ~ V , , , , ~ ... . .. MniN .1-\ ~ „n.~ ! VO$. `~ , n"~'Llc.nllT_ uATC ~~/2~/97 ruouc MDIU ~ f iAP f 011 . ~icnnir~c l)RTC [~'! ~~ uJ~J~lu`J~ ;'~=~~G~%~G~~~'6~il~u`J u ~o'~°~a ~- a.~~..~.., ~ 1 /I ' Aiia~Alo~ Z Sl...i ~~o n..i-Lc~.-~ o^s rcc~• ~.•;~CrU.:~~i961 OM 97-274 ia sp , ~ r -- ---- -~r C / MR T-58-59 ~ «cn~ n~scnr~iion LI9-22 TR SCOTT3AODITIQN Tp c uo ~` ~~-e rR5a2Mei~-~~3TR256~M~25-~5~ s~r•~ [~ ncor[ss ~746 OCEAN AVE Zo~~~ R4 ATTACHMENT F Photographs of Site & Surrounding Properties M '~' ` :1 ~J PHOTOGRaPHS RELATI~G TO CO\DITIOV 4L L'SE PERAiIT 4PPLICATIOn "IO APTHORIZE SERVICE OFALCOHOL 4T THE OCE.4N HOTEL C['RREnTLI' iTDER CONSTRDCTIOV ~iPPL]C31T COLL:~SBI.~ SLSSEX CORPOR~TIO'~ PROPERTI ~.DDRESc 1~460CE4:~ 4~"E'~"UE Sa?~TAn40?~ICA ~.,:~~t t - .11! `~1:; :'~D 4r :--r,~~rF~.\ '.\E\iE~•~l'ROJECTSITE") ` "' ' J i "'= - 9 G _ PICIZRE OF THE PROT[CT SITE TaICET FRO~i SIDE\4'ALI: O~ TfIE tvEST SIDE OF OCEA?~7 a~ E~L"E = H: IL~I\GS LOC~TED TO THE SOCTH OF THE PROTEC"T SITE O\ OCEA\ A~`E\7"E ~"°' - ~J :1 LO`~l'ES HOTEI LOCATED IO THE ~ORTH OF THE PROJECT SITE O~ OCEA\ 9~`H'.r`1-~E : pKpp~RTl LOC4TED EAST OF THE PROdECT SITE aCRUSS u~ti~` t'.~=„~-•° ~1- :+ uA .. ~~ e '. ~~~`.~ YF OPtRT1' TC• THE SO' - fH ~F THF PROJECT SI'CE Or APPL'.\ W'AY - SE '. CacT-E S!T. E LOCaT=D TO ~ rI^. tl'EST OF THE PROJECT 57TE ~CROSS APPL~i'~~ lt'A}' ~r ~ ` ~~ j . 4; P14\ `:. ~1- CL"i~.VEE\ T}IL SE4 C45TLE SITE A'~'D THE PF.07EC'I SITE, A\"D LnVVES HOTEL TJ Ti3[ \GRTiI OF THc PPOJECT SITE `.D4lCE1-I'TO:-.PPL4K N-A1' 9 SE ~ C 1STLE S]TE A\-D SIRCC7LRES 70 THE :iORTH ~ 11 ~~~-4 ' - _ _ ' :~~ P-aRi::\G ~OT 1 O THE SOLTH OF THE SEA C~STLE SITE "Jlphotos ;_-~ "=.i:. , - ~-r. - - ~~fi~' •~ ~ '''7~+aso _ ~ ' '~.+9M~..-'-.~~ _ A .+ [1 J 7 i C SE.4 C 45TLE SITE 4~-D PARhI\G LOT 70 THE SOLTH ATTACHMENT G Plot Plan, Floor Plans & Elevations ~~ ~ y; ATTACHI~NT B ~' " ~U