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SR-022294-6D , --.1;) FEB 2 2 199't LUTM:SF'DKW'GS'f:\plan\8hare\council\stoas\cup92049 Counc11 Mtg February 22,1994 Santa Mon1cal Ca11forn1a TO: Mayor and City Counc11 FROM: C1ty Staff SUBJECT: Certification of Statement of Offlcial Action for Denial of Cond1t1onal Use Permlt 92-049 request1ng the l8suance of a Type 47 alcohol llcense (On-Sale General for Public Eat1ng Place) 1n an eXlsting live enterta1nment club and 38 seat restaurant. INTRODUCTION Th1s report transm1ts for Clty Councll certification the Statement of Off1c1al Action for the Cond1t1onal Use Permit 92-049, located at 814 Broadway On January 11, 1994, the Council den1ed the proJect based on the findings and conditions conta1ned In the attached Statement of Official Action. BUDGET/FINANCIAL IMPACT The recommendation presented In thlS report does not have any budget or financial impact RECOMMENDATION It 18 respectfully recommended that the Clty Counc11 approve the attached Statement of Off1c1al Act1on. 1 FEB 2 2 199't (,-J) Prepared by: Suzanne Frick, Director of LUTM D. Kenyon Webster, Plannlng Manager Gina Szilak, Assistant Planner Plann~ng and Zonlng Dlvision Land Use and Transportatlon Management Department 2 All notices, demands, requests, consents, approvals or communications from the City to the Owner shall be addressed to the Owner at: John B. Kilbane & Associates Inc. 2716 Ocean Park Blvd., suite 3082 Santa Monica, California 90405 Attention: John B. Kilbane with copies to: Lawrence & Harding, P.C. 1250 sixth Street, suite 300 Santa Monica, CA 90401 Attention: Christopher M. Harding, Esq. 27. HOLD HARMLESS. The Owner agrees to and shall hold the city, its officers, agents, employees and other representatives harmless from liability for damage or claims for damage for personal injury including death and claims for property damage which may arise from the direct or indirect operations of the Owner or those of its contractor, subcontractor, agent, employee or other person acting on its behalf which relate to the Project, including the maintenance and operation of public invited activities. Owner agrees to and shall defend the City and its officers, agents, employees and representatives from actions for damages as described above caused or alleged to have been caused by reason of the Owner's activities in connection with the Project. This section 27 applies to all damages and claims for damages suffered or alleged to have been suffered by reason of the operations referred to herein, regardless of whether or not the City prepared, supplied or approved plans or specifications or both for the Project. 61 ReVIsed: 2/17{94-4lDAB17.848 ------ --------- upgrade and subsequent intensiflcatlon of alcohol use at the site by exacerbating existlng parklng, nOlse, and other problems associated wlth the eXlstlng operation. 3. The proposed use may detrlmentally effect nearby nelghborhoods conslderlng the distance of the alcohol outlet to residential buildlngs, churches, schools, hospltals, playgrounds, parks, and other eXlstlng alcohol outlets In that resldentlal and commercial nelghbors have stated that the applicant has not allevlated the problems whlch currently occur In the operatlon of the Kingston 12 club and that the Santa Monica Police Department has stated that the calls for service are dlsproportlonate to other establishments, wlth twenty-elght serVlce calls in 1993 to date. These lnclude complalnts on exceSSlve noise, dlsturbance to the peace, lnadequate parklng facilities, shots flred, battery and an lncrease In property crlmes and vandallsm to surroundlng businesses. 4. The proposed use lS not compatible with eXlstlng and potentlal uses wlthln the general area In that approval of tnls license upgrade would expand the use of alcohol on slte to Moco restaurant and will create the potentlal for exacerbatlng problems already assoclated wlth the existing alcohol use In the nelghborhood. 5. The publlc health, safety, and general welfare are not protected in that app~oval of this applicatlon const~tutes an expanSlon of the establlshment and would lncrease the avallablllty of alcohol sales at the club wlthout resolving eXlstlng operational lssues. 6. Harm to adjacent propertles may result In that according to the Santa Monlca Pollce Department, there have been problems with the eXlsting operation including vandallsP1, destructlon of II No Parking" signs In the alley, and lntoxlcation that have not been resolved by the appllcant, and that the lmpacts related to lnadequate parklng facllltles In the neighborhood have not been sufflciently resolved by the applicant through the provision of lease agreements securlng additlonal parklng off-site. VOTE Ayes Abdo, Genser, Green, Holbrook, Olsen, Rosensteln, Vazquez Nays' Abstaln' Absent. 2 32. ATTORNEYS' FEES. In the event any of the parties to this Agreement is required to bring any action at law or in equity to collect the payment of any consideration due hereunder or to enforce any of the terms or conditions of this Agreement, the prevailing party shall be reimbursed by the non-prevailing party for such costs as may be incurred in the bringing of such action, including reasonable attorneys' fees. 33. EXHIBITS. All exhibits attached hereto or referred to in this Agreement, or both, are incorporated herein as though set forth in full. 34. CONSTRUCTION. The parties agree that each party and its counsel have reviewed and revised this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any amendments or exhibits thereto. 35. GOVERNING LAW. This Agreement shall be governed exclusively by the provisions hereof and by the laws of the State of California. 36. COUNTERPARTS. This Agreement may be executed in several counterparts, each of which shall be deemed an original, and such counterparts shall constitute but one and the same instrument. 63 RevIsed: 2/17/94-4lDAB17.84B