SR-022294-6D
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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
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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.
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ReVIsed: 2/17{94-4lDAB17.848
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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.
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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