SR-8-C (45)
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P&Z:DKW:SMW:pcword:C92010 Santa Monica, California
Planning Commission Mtg: July 1, 1992
TO: The Honorable Planning commission
FROM: Planning Staff
SUBJECT: Conditional Use permit 92-010
Address:
Applicant:
1333 Third street Promenade
Vic Watana
INTRODUCTION
Action: Applicat10n for a Conditional Use Permit to allow a Type
41, On-Sale Beer and wine for Bona Fide Public Eating Place al-
cohol license for a proposed 2,275 sq.ft., 100 seat restaurant.
Recommendation: Approval with conditions.
Permit Streamlinin9 Expiration Date: September 23, 1992
SITE LOCATION AND DESCRIPTION
The subject property is a 7,500 sq. ft. parcel located on the east
side of Third street Promenade between Arizona Avenue and Santa
Mon~ca Boulevard having a frontage of 50 feet. Surrounding uses
consist of commercial retail structures (C3-C) to the north,
south, and west and a municipal parking structure (C3-C) to the
east. On-site uses include an existing two story, 6,750 sq.ft.
commercial building.
zoning District: C3-C
Land Use District: Downtown OVerlay
Parcel Area: 50' x 150' = 7,500 sq.ft.
PROJECT DESCRIPTION
The applicant is proposing a Type 41, On-Sale Beer and Wine for
Bona Fide Public Eating Place alcohol license for a 2,275 sq.ft.,
100 seat restaurant in an existing 6,750 sq.ft. commercial build-
l.ng. El.ghty interior seats and an exterior courtyard with 20
seats are proposed. No bar area or entertai~ent is proposed.
MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE
The proposed project is consistent with the Municipal Code and in
conformity with the General Plan as shown in Attachment A.
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CEQA STATUS
The project is categorically exempt per the city of Santa Monica
Guidelines for Implementation of CEQA~ 1 (l4).
RENT CONTROL STATUS
The commercial project i~ exempt from Rent Control.
FEES
No special Planning fees are required.
PUBLIC NOTIFICATION
Pursuant to Municipal Code section 9130.8, within 30 days after
the subject application was deemed complete, the applicant posted
a slgn on the property stating the following information:
Project case number, brief project description, name and
telephone n1l1'l'lOer of applicant, site address, date, time and
location of public hearing, and the Planning and Zoning Division
phone number. It is the applicant's responsibility to update the
hearing date if ~t is changed after posting.
In addition, pursuant to Municipal Code Section 9131.5, notice of
the public hearing was mailed to all owners and residential and
commercial tenants of property located within a 500 foot radius
of the project at least ten consecutive calendar days prior to
the hearing. A copy of the notice is contained in Attachment B.
ANALYSIS
Background
Proposed is a Type 41, On-Sale Beer & Wine for Bona Fide Public
Eating Place alcohol license to allow on-site consumption of al-
cohol for a proposed 100 seat full-service restaurant. On-site
sale of alcohol wi~l be incidental to the main use of food ser-
vice. Administrative approval (AA 92-022) was granted on 4/20/92
to allow a change of use from retail to a 2,275 sq.ft., 100 seat
restaurant in an existing 6,750 sq. ft. commercial building.
Eighty interior seats and twenty exterior courtyard seats are
proposed. No bar area or live entertainment is proposed.
Analysis
The proposed full service restaurant with on-site sale of alcohol
inc~dental to food service is located wi thin the Third street
Mall Specific Plan area in which development of new uses such as
restaurants is encouraged. The proposed restaurant layout in-
cludes 20 outdoor courtyard seats and two indoor dining areas of
52 and 28 seats separated by a full service kitchen. No bar area
or live entertainment is proposed. The proposed hours of opera-
tion are 11 a.m. to 12 p.m. Monday through Sunday.
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There are twenty (20) alcohol outlets within a 500' radius of the
site (Attachment C). They consist of ten (10), Type 47, On-Sale
General for Bona Fide Public Eating Place, nine (9), Type 41, On-
Sale Beer & Wine for Bona Fide Public Eating Place, and one (1),
Type 48, On-Sale General Public Premises alcohol licenses. They
include the following establishments:
Type Name/Address No. of Seats
47 Locando Del Lago Rest./225 Arizona Ave. 220
47 *second City Club/214 Santa Monica Bl.
41 Condelli's Deli/222 Santa Monica Bl. 10
47 King George V Rest./301 Santa Monica Bl. 117
41 Shekarchi Rest./304 Santa Monica Bl. 50
47 *Key West Rest./307 Santa Monica Bl.
41 Dee's Coffee Shop/316 Santa Monica Bl. 49
47 Improv West Rest & Club/ 175
317 Santa Monica Bl.
47 East India Grill Rest./ 49
318 Santa Monica Bl.
47 Tony Roma's Rest./ 50
319 Santa Monica Bl.
41 Mud Cafe/320 Santa Monica Bl. 45
41 Early World Rest./401 Santa Monica Bl. 104
48 5th Av: Nightclub/429 Santa Monica Bl. 306
41 palinuro Four Rest./1333 2nd st. l76
41 Taka sushi Rest./1345 2nd St.
41 Bravo cuccina/1319 Third street Prom. 49
41 Pita Feast/1321 Third street Prom. 62
47 sport's Legend/13Il Third street Prom. 270
47 Teaser's Rest./1351 Third street Prom. 180
47 *Golden Monkey/1360 Third street Prom. 360
(*Establl.shments not in operation, alcohol license exists for
premises. )
There are approximately 152 persons residing within a 500' radius
of the site according to the 1980 Census. The Vineyard Christian
Fellowship church is located at 1415 Third street Promenade
within the 500 I site radius. Crossroads School is located at
1229 4th street, just outside of the 500' radius. The surround-
ing area is primarily commercial. Multi-family residential areas
are located more than l,OOO feet to the north and east.
Thirty (30) parking spaces would normally be required for the
2,275 sq. ft. restaurant. No on-site parking is required,
however, as the proposal is located with the downtown parking
assessment district. Based on a Parking Demand Analysis report
prepared by Kaku and Associates (May, 1991), there are 3,130 ex-
istl.ng parking spaecs in the Cityts six downtown parking struc-
tures of which 2,925 spaces are available to the general public.
The peak period utilization for structure #3 on weekdays occurs
from 1 to 2 p.m. and on weekends from 7 to 10 p.m. parking
structure #3 is located within the 500' site radius east of the
subject site.
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On-site sale of alcohol is proposed as an incidental use to the
pr~mary use of meal service for the 100 seat restaurant. Hours
of operation are limited to II a.m. to 12 p.m. Monday through
Sunday and no bar area or entertainment is proposed. The subject
site is not located in close proximity to residential areas and
is proposed for an existing commercial structure with all ameni-
ties on-site. Conditions of approval include restrictions on
service of alcohol to patrons ordering meals including the pro-
posed outdoor courtyard area. The maj ori ty of alcohol outlets
within the 500' site radius are fUll-service restaurants.
Development of new restaurants are encouraged by the General Plan
and the Third Street Mall Specific Plan for the Promenade. Park-
ing demand should be satisfied by existing 1llunicipal parking
structures.
A Santa Monica Police Department representative indicates the
proposed outlet does not pose a problem as long as the nature of
the establishment remains as a full-service restaurant. The
Police Department has a general concern, however, about the num-
ber of alcohol outlets on the Promenade.
As part of proposed changes to the Bayside oistrict Plan, the
Planning commission recommended on June 17, 1992 that the nt1!1lher
of alcohol outlets for the Third Street Pro1llenade stay at the
existing level, -with the possible addition of up to four (4)
pending CUP applications for on-sale of alcohol, including this
project.
Conclusion
The proposal for a-2i27~ sq.ft., 100 seat full-service restaurant
with on-sale of alcohol (Type 41, On-Sale Beer and Wine for Bona
Fide Public Eating Place alcohol license) incidental to the
primary use of meal service, should not have a neqative impact on
the surrounding area or community. The use will be served by the
municipal parking structures. The nature of the restaurant, with
full-service meals, and with no proposed bar area or entertain-
ment, will be an asset to the district. Uses, such as res-
taurants, which encourage use of the Promenade, are encouraged in
both the General Plan and the Third street Mall Specific Plan.
RECOMMENDATION
staff recommends that the Planning Commission approve CUP 92-010
with following findings and conditions:
CONDITIONAL USE-PERMIT FINDINGS
1. The proposed use is one conditionally permitted within the
subject district and complies with all of the applicable
provisions of the "city of Santa Monica Comprehensive. Land
Use and Zoning Ordinance" and the Third street Mall
specific Plan, in that sale of alcohol as a complimentary
item with meal service for the proposed restaurant should
not result in adverse conditions.
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2. The proposed use would not impair the integri ty and
character of the district in which it is to be established
or located, in that restaurant uses are encouraged for the
C3 -C Downtown overlay District. The primary use of the
2,275 sq.ft., 100 seat restaurant will be to provide bona
fide meal service with ancillary alcohol service. The on-
site alcohol use should not impair the surrounding dis-
trict provided that the alcohol use does not become
primary in nature and remains ancillary to that of dining.
3. The subject parcel is physically suitable for the type of
land use being proposed, in that the proposal is for an
existing 6,750 sq. ft. commercial structure on a level
parcel.
4. The proposed use is compatible with any of the land uses
presently on the subject parcel if the present land uses
are to remain, in that the proposal is for an existing
6,750 sq.ft. commercial structure with no alterations to
the existing structure.
5. The proposed use would be compatible with existing and
permissible land uses within the district and the general
area in which the proposed use is to be located, in that
the proposal is for a permiited 100 seat restaurant within
an existing 6,750 sq. ft. commercial structure conforming
and on-site sale of alcohol ancillary to the primary use
of meals service.
6. There are adequate prov1s1ons for water, sanitation, and
public utilities and services to ensure that the proposed
use would not be detrimental to PUblic health and safety,
in that all amenities will be provided on-site for the
proposal.
7 . Pub I ic access to the proposed use will be adequate, in
that the proposed restaurant will be adequately served by
Municipal Parking structure No. 3 to the east of the
parcel.
8. The physical location or placement of the use on the site
is compatible with and relates harmoniously to the sur-
rounding neighborhood, in that the 100 seat restaurant
wi th a Type 41 On-Sale Beer & Wine for Bona Fide Public
Eating Place alcohol license is for an existing commercial
structure, in that permitted restaurant uses in the C3-C
district are encouraged by the General Plan and the Third
street ~all ~pecific Plan and-in that the proposed on-sale
of alcohol is incidental to that of meal service.
9. The proposed use is consistent with the goals, objectives,
and policies of the General Plan, in that uses which.pro-
mote economic activity, including permitted restaurant
uses in the C3-C district, are encouraged by the General
Plan and the Third Street Mall Specific Plan and in that
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the proposed alcohol use is incidental and ancillary to
that of meal service.
10. The proposed use would not be detrimental to the public
interest, health, safety, convenience, or general welfare,
in that the hours of operation do not exceed 11 a.m. to 12
p.m., Monday through Sunday, no bar area or entertainment
is proposed and cgndi tions of approval for the alcohol
license would mitigate possible negative impacts on sur-
rounding uses.
11. The proposed use conforms precisely to the applicable per-
formance standards contained in Subchapter 6, Section 9050
and special conditions outlined in Subchapter 7, Section
9055 of the City of Santa Monica Comprehensive Land Use
and zoning Ordinance, in that this use is not governed by
the applicable chapters.
12. The proposed use will not result in an overconcentration
of such uses in the immediate vicinity, in that there are
twenty (20) alcohol licenses within a 500' radius of the
site of which ten (10) are Type 47, On-Sale General for
Public Eating place, nine (9) are Type 4l, On-Sale Beer
and Wine for Public Eating Place and one (l) are Type 48,
On-Sale General for Public Premises consisting of 20 res-
taurants with ancillary alcohol use to meals service, in
that the proposed restaurant with on-sale of alcohol will
remain ancillary to the primary use of meal service, and
in that the project is located in the downtown area
characterized by numerous businesses and large numbers of
people frequenting_the area for services.
ALCOHOL OUTLET FINDINGS
1. The proposed use and location are in accordance with good
zoning practice, in the public interest, and necessary
that substantial justice be done in that the proposed
restaurant is a permi tted use in the C3 -C district, and
the on-site sale of alcohol is proposed as ancillary to
the primary use of meal service.
2. The proposed use will not adversely affect the welfare of
neighborhood residents in a siqniticant manner in that
alcohol sales will occur in a controlled manner for the
proposed 2,275 sq.ft. 100 seat restaurant with no bar area
or entertainment and in that conditions of approval will
mitigate potential negative impacts.
3. The proposed use will not contribute to an undue
concentration of alcohol outlets in the area in that there
are twenty (20) alcohol license wi thin a 500 I radius of
the site of which ten (10)- are Type 47, On-Sale General
for Public Eating Place, nine (9) are Type 41, On-Sale
Beer and Wine for Public Eating Place and one (1) are Type
48, On-Sale General for Public Premises consisting of 19
restaurants with ancillary alcohol use to meals service,
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in that the proposed restaurant with on-sale of alcohol
will remain ancillary to the primary use of meal service,
and in that the project is located in the downtown area
characterized by numerous businesses and large numhers of
people frequenting the area for services.
4, . The proposed use will not detrimentallY affect nearby
neighborhoods considering the distance of the alcohol
outlet to residential buildings, churches, schools,
hospitals, playgrounds, parks, and other existing alcohol
outlets in that there is one church located wi thin the
500' site radius and in that the conditions for approval
including hours of operation will minimize potential
negative effects on such use.
5. The proposed use is compatible with existing and potential
uses within the general area in that the proposal is for a
permitted 100 seat restaurant within an existing 6,750
sq. ft. commercial structure conforming and on-site sale of
alcohol ancillary to the primary use of meals service.
6. Traffic and parking congestion will not result from the
proposed use in that the proposed restaurant will be
adequately served by Municipal Parking structure No. 3 to
the east of the parcel, as well as other structures.
7. The public health, safety, and general welfare are
protected in that hours of operation do not exceed II a.m.
to 12 p.m., Monday through Sunday, no bar area or
entertainment is proposed and conditions of approval for
the alcohol license would mitigate possible negative
impacts on surrounding uses.
8. No harm to adjacent properties will result in that the
proposal is for a 100 seat full-service restaurant in an
existing commercial structure with on-sale of alcohol
proposed as ancillary to the primary use of meal service
and in that conditions of approval will mitigate potential
negative impacts on adjacent properties.
9. The proposed use is consistent with the objectives of the
General Plan and the Third street Mall Specific Plan in
that uses which promote economic activity, including
permitted restaurant uses in the C3-C district, are
encouraged by the General Plan and the Third Street Mall
specific Plan and in that the proposed alcohol use is
incidental and ancillary to that of meal service.
ALCOHOL OUTLET CONDITIONS
1. The owner shall prohibit loitering and shall control noisy
patrons leaving the restaurant.
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2. The primary use of the premises shall be for sit-down meal
service to patrons. Alcohol shall not be served to
persons except those intending to purchase meals.
3. The premises shall maintain a kitchen or food-serving area
in which a variety of food is prepared and cooked on the
premises.
4. The premises shall serve food to patrons during all hours
the establishment is open for customers.
5. seating arrangements for sit-down patrons shall not exceed
100 seats, consisting of eighty interior seats and twenty
outdoor courtyard seats.
6. Take out service shall be only incidental to the primary
sit-down use.
7. No alcoholic beverage shall be sold for consumption beyond
the premises.
8. No dancing or live entertainment shall be permitted on the
premises.
9. The primary use of the outdoor dining area shall be for
seated meals service. Patrons who are standing in the
outdoor seating area shall not be served.
10. Permitted hours shall be 11 a.m. to 12 p.m. Monday through
Sunday. No "after hours" operations shall be permitted.
Alcohol service to any outdoor seating area adjacent to a
public street or sidewalk shall cease one hour in advance
of the operating hours otherwise permitted.
11. No expansion in number of seats, intensity of operation,
or outdoor areas shall occur without prior approval from
the City of Santa Monica and state ABC.
12. Prior to issuance of a Certificate of Occupancy, or a
business license, as applicable, a security plan shall be
submitted to the Chief of Police for review and approval.
The plan shall address both physical and operational
security issues.
l3. Prior to issuance of a certificate of Occupancy, or a
business license, as applicable, the operator shall
submi t a plan for approval by the Director of Planning
regarding employee ~lcohol awareness training programs and
policies. The plan shall outline a mandatory alcohol
awareness training program for all employees having
contact with the public and shall state management's
policies addressing alcohol consumption and inebriation.
The operator shall provide City with an annual compliance
report regarding compliance with this condition. This
project shall be subject to any future City-wide alcohol
awareness training program condition affecting similar
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establishments. The plan shall also set forth a
"designated driver" program, which shall be offered by the
operator of the establishment to patrons.
l~ . Final plans for any changes to exterior design,
landscaping, trash enclosures, and/or siqnage shall be
subject to review and approval by the Architectural Review
Board.
15. Final plans for outdoor seating shall be subject to
approval of the Bayside District Corporation, General
Services Department, Economic Development Department and
the Architectural Review Board.
16. Minor amendments to the plans shall be subject to approval
by the Director of Planning. An increase of more than 10%
of the square footage or a significant change in the
approved concept shall be subject to Planning Commission
Review. Construction shall be in substantial conformance
with the plans submitted or as modified by the Planning
Commission, Architectural Review Board, or Director of
planning.
17. The applicant shall comply with all legal requirements
regarding-provisions for the disabled, including those set
forth in the California Administrative Code, Title 24,
Part 2.
18. Refuse areas, storage areas, and mechanical equipment
shall be screened in accordance with Sec. 9127J.2-4
(SMMC). Refuse areas shall be of a size adequate to meet
on-site need.
19. The operation shall at all times be conducted in a manner
not detrimental to surrounding properties or residents by
reason of lights, noise, activities, parking, or other
actions.
20. No noise generating compressors or other such equipment
shall be placed adjacent to neighboring residential
buildings.
21. Alcohol shall not be served in any disposable container
such as disposable plastic or paper cups.
22. No video or other amusem.ent games shall be permitted on
the premises.
23.
within thirty (30) days from date
approved) the applicant shall provide
Statement of Official Action for this
local office of the State Alcoholic
department.
of approval (if
a copy of the
approval to the
Beverage Control
24. This permit shall expire one year from the effective date
of approval unless required ABC permits are obtained. One
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ninety (90) day extension of the one year period may be
permitted if approved by the Director of Planning.
Applicant is on notice that an extension may not be
granted if development standards relevant to the project
have changed since project approval.
25. Applicant is on notice that all temporary signage is
subject to the restrictions of the city sign ordinance.
26. Any new restaurant at the site with fewer than 50 seats
capacity shall install a grease interceptor with minimum
750 gallons static holding capacity in order to pretreat
sewered grease. Facilities with greater than 50 seats are
required to install an interceptor with lOOO gallons mini-
mum holding capacity. The General services Department may
modify the above requirements only for good cause.
Specifically, the facility must demonstrate to the satis-
faction of the Industrial Waste section and Building and
Safety Division that interceptor installation is not
feasible at the site in question. In such cases where
modifications are granted, grease traps will be required
in the place of an interceptor. Building Permit plans
shall show the required installation.
Prepared by: Susan White, Assistant Planner
Attachments:
A. Municipal Code and General Plan Conformance
B. Notice of Public Hearing
c. Radius and Location Map
D. Photographs of site and Surrounding Properties
E. Floor Plan
SMW
PCjc92010
06/23/92
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ATTACHMENT A
MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE
Category
Permitted Use
Land Use
Element
Downtown
OVerlay
District
& Third
Street
Mall
Specific
Plan.
Moratorium status N/A
pcword/c92010
SMW
Municipal Code
100 seat rest. with
Type 41 On-Sale
Beer & Wine
alcohol license
conditionally
permitted.
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project
100 seat rest.
with Type 41,
On-Sale Beer &
wine alcohol
license.
OfFICIAL NOTICE OF PUBLIC HEARING
Subject of Hearing: Conditional Use Permit 92-010,
1333 Third Street Promenade, C3-C
Applicant: Vic Watana
Sujeto de audencia: Aplicacion para un restaurante con
servicio de alcohol
A Public Hearing will be held by the Planning Commission on
the following request:
Application for a Conditional Use Permit to allow the
on-site sale of alcohol with a Type 41, On-Sale Beer and
Wine for Bona Fide Public Eating Place alcohol license for a
proposed lOO seat full-service restaurant with 80 interior
seats and 20 courtyard seats on a 7,500 sq.ft. parcel in the
C3-C (Downtown overlay) District.
(Planner: White)
TIME:
WEDNESDAY,
July 1
, 1992 AT 7:00 P.M.
LOCATION: COUNCIL CHAMBER, ROOM 213, CITY HALL, 1685 MAIN
STREET, SANTA MONICA, CALIFORNIA
The city of Santa Monica encourages public comments.
Interested persons may comment at the hearing, or by writing
a letter.
Letters should be addressed to:
Planning Division, Room III
l685 Main Street
Santa Monica, California 90401
Attn: (Susan White, Assistant Planner)
Information on any application may be obtained from the
Planning Division at the address above or by calling (3l0)
458-8341.
The meeting facility is handicapped accessible. If you have
any special needs such as sign language interpreting, please
contact the Office of the Disabled at (310) 458-8701.
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 the
Publ ic Hearing described in this notice, or in wri tten
correspondence delivered to the City of Santa Monica at, or
prior to, the Public Hearing.
Esto es una noticia de una audencia publica para revisar
applicaciones proponiendo desarrollo en Santa Monica. Si
deseas mas informacion, favor de llamar a Elsa Gonzalez en
la Division de P1antificacion al numero (310) 458-8341.
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BlK 146 SANTA MONICA
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CASE NC
1333 THIRD ST (SANTA MONICA MALL)
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3-3-92
DATE
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ATTACHMENT D
NOTICE OF DEVELOPMENT PROPOSAL
To:
Concerned Persons
From:
The City of Santa Monica
Subject of Hearing: Appeal of Planning commission Denial of
Conditional Use Permit 92-0l0 to allow a
Type 41, On-Sale Beer and Wine for Bona Fide
Public Eating Place alcohol license for a
proposed 2,275 sq.ft., 100 seat restaurant.
Address:
Applicant:
Appellant:
1333 Third street Promenade
Vic Watana
vic Watana
A Public Hearing will be held by the City council on the
following request:
Appeal of Planning Commission Denial of Conditional Use Permit
92-010 to allow a Type 41, On-Sale Beer and wine for Bona Fide
Public Eating Place alcohol license for a proposed 2,275 sq.ft.,
100 seat restaurant in an existing 6,750 sq. ft. commerical
building. Eighty interior seats and twenty exterior courtyard
seats are proposed.
TIME:
TUESDAY, september 29
, 1992 AT 7:30 P.M.
LOCATION:
COUNCIL CHAMBER, ROOM 213, CITY HALL
1685 MAIN STREET, SANTA MONICA
HOW TO COMMENT:
The City of Santa Monica encourages public comment on this and
other projects. You or your representative, or any other persons
may comment at the City Council's public hearing, or by writing a
letter.
Letters should be addressed to:
City Council, City Clerk's Office
1685 Main Street, Room 102
Santa Monica, California 90401
MORE INFORMATION
If desired, further information on any application may be
obtained from the City Planning Division at the address above or
by calling (310) 458-8341.
The meeting facility is handicapped accessible. If you have any
special needs such as sign language interpreting, please contact
the Office of the Disabled at (310)458-8701.
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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 the Public Hearing
described in this notice, or in written correspondence delivered
to the city of Santa Monica at, or prior to, the Public Hearing.
Esto es un aviso sobre una audencia pUblica para revisar
applicaciones proponiendo desarrollo en Santa Monica. Esto puedo
ser de interes a usted. si deseas mas informacion, favor de
llamar a Elsa Gonzalez en la Division de Plantificacion al numero
(310) 458-8341.
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