SR-7-A (49)
LUTM:PB:DKW:SMW:sm020.pcword.plan
Council Mtg: September 24, 1991
~P2t!f
Santa Monica, California
TO: Mayor and City Council
FROM: City staff
SUBJECT: Appeal of a Planning Commission Approval of Conditional
Use Permit 91-020 to allow the on-site sale of alcohol
with a Type 47 (On-Sale General for Bona Fide Public
Eating Place) alcohol license for a 106 seat outdoor
patio dining area for the Boathouse Restaurant at 301
Santa Monica Pier.
Address:
Applicant:
Appellant:
Appellant:
301 Santa Monica pier
pier Restoration Corp./ Boathouse Host
pier Restoration Corp./ Boathouse Host
Ken Schonlau
INTRODUCTION
This report recommends that the Council adopt revised findings
and deny the appeals of Conditional Use Permit 91-020 to allow
on-site sale of alcohol with a Type 47 (On-Sale General for Bona
Fide Public Eating Place) alcohol license for a 106 seat outdoor
patio dining area for the Boathouse Restaurant at 301 Santa
Monica Pier. Two appeals were filed. One appeal filed by Ken
Schonlau concerns staff's and Planning commission1s findings of
approval and the proximity of the alcohol outlet to recreational
areas. The findings of approval proposed by staff were amended
by the Planning Commission at the hearing. The second appeal, by
the applicant, concerns clarification of the hours of operation
as stated in conditions of approval.
7-A
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SEP 2 4 1991
~
BACKGROUND
The Planning commission approved Conditional Use Permit 91-020 to
allow the on-site sale of alcohol with a Type 47 (On-Sale General
for Bona Fide Public Eating Place) alcohol license for a 106 seat
outdoor patio dining area for the Boathouse Restaurant on July
10, 1991 (Attachment D). Appeals were filed by an interested
citizen, Ken Schonlau, and the applicant, Patricia Sheffield
(included as Attachments A and B).
Upon review of the staff report to the Planning Commission, The
applicant requested that several of the conditions of approval
proposed by staff be changed. These included alcohol outlet
conditions #1, 2, 3, 5, 71 11, 12 and 13 (Attachment F). Staff
agreed to change condition #1 to require submittal of a patio
entrance control plan to the Planning Director for approval and
clarified the limitation on the number of seats for condition #2,
(see Attachment 0, condition #10). The applicant requested that
hours of operation for the main restaurant be 6:00 a.m. to 2:00
a.m., Sunday through saturday, as allowed by the ABC, and, that
similar hours be approved for the patio (Attachment F). The
applicant also requested changes to conditions #51 7, III 12, and
13 which require that the proposed alcohol use be in conjunction
with the primary use of meal service of the existing restaurant,
the outdoor patio and special events. Staff recommended more
restrictive conditions for permitted hours of alcohol service.
Earlier this year, aI, 457 square foot outdoor patio facing
public beach property was added to the existing two story, 5/000
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. squa+re foot restaurant known as the If The Boathouse If . A
Conditional Use Permit is required to allow alcohol sales on this
patio. "The Boathousetl consists of 130 existing seats at the
pier level, 93 seats at beach level. 106 seats are proposed for
the outdoor patio dining area. A Type 47 alcohol license
currently exists for the main restaurant.
Required Notification
The application was submitted with the required notification
materials. The applicant states that they have talked with
several government agencies, community groups, private
individuals and Planning staff regarding the patio dining area
(Attachment E). Staff noticed the Planning Commission hearing
and this city Council meeting as required per the Municipal Code.
Tenants and property owners within a 500 foot site radius were
notified for the July 10, 1991 Planning commission hearing and
the September 24, 1991 City Council meeting.
ANALYSIS
The Planning commission approved conditional Use Permit 91-020
for on-site sale of alcohol for the outdoor patio dining area on
July 10, 1991 (Attachment D). Changes to several findings were
requested by Planning Commission, including Conditional Use
Permit findings *2, 5, and 12 (Attachment C & D). These findings
were changed to state that the addition of another alcohol outlet
would result only in the expansion of an existing restaurant and
that the alcohol use would not impair the surrounding district if
the use does not become primary to the existing facility. Also,
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. the rindings state that the conditions of approval would mitigate
any potential impacts on existing land uses within the area
(Attachment D). Conditional Use Permit finding #12, relating to
concentration of alcohol outlets in the area, was changed to
state that an overconcentration of alcohol outlets would not
occur with the proposed use as it is an expansion of an existing
restaurant which already has an alcohol license (Attachment D).
A Santa Monica Police Department representative indicated that
they agree with and strongly recommend that alcohol sales on the
patio only be in conjunction with meal service.
citizen's Appeal
Mr. Schonlau' s concerns include the findings contained in the
staff memorandum to Planning commission (Attachment C) and the
Planning Commission discussion of the July 10, 1991 hearing.
Changes to the original findings were requested by the Planning
commission and included in the statement of Official Action dated
7/10/91. Staff requested that the adopted findings be reviewed
by the city Attorneyrs office; in response to that review,
additional changes to the findings are recommended in this
report. Staff believes that the revised findings adequately
address the nature of the request for adding on-site sale of
alcohol to the existing restaurant and the concentration of
alcohol outlets in the area (Attachment C & 0).
This appellant's other concerns include ABC violations for liThe
BoathouseU restaurant. Contact with an ABC representative
indicated that violations occurred on 8/24/89, for sale to a
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- rnino"r for which the applicant was fined, and on 3/20/91, for
contaminated bottles.
This appellant is also concerned that the restaurant may
occasionally operate as a bar only. This would be in violation
of the alcohol outlet conditions #8 & 9 which specify that the
premises maintain a kitchen or food-serving area for food
preparation and that the premises serve food to patrons during
all hours the establishment is open for customers.
This appellant states that tenants and property owners within the
500 foot site radius were not notified of the CUP hearing. In
fact, tenants and property owners within a 500 foot radius of the
facility were notified of the Planning Commission hearing in
accordance with the Municipal Code. The area on the Santa Monica
pier beyond the 500 foot radius was not sent notices.
This appellant I s final concern is that alcohol service on the
outdoor patio dining area will be close to playgrounds and
amusement areas, as well as swimming and surf ing, and contends
that this concern was not addressed by the Planning Commission in
their findings (Attachment A). Staff feels that alcohol outlet
findings #1, 5, 10, and the conditions of approval, particularly
condition #1 which requires the operator to control entry via the
patio entrance to the boardwalk, address potential negative
impacts to these sensitive areas (Attachment D). Also, the
findings state that the use is compatible with existing uses
within the district, and that the use will not be detrimental to
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. public health with the adoption of conditions of approval that
serve to mitigate negative impacts.
Applicant's Appeal
The applicant's appeal concerns alcohol outlet conditions #2, 7,
13, and 14 relating to sit-down meal service and the prohibition
of external music and outdoor dancing (Attachment B). The
applicant contends that these conditions are inconsistent with
Pier events such as the Thursday night "Twilight Dance" series
and the current hours of operation for other restaurants on the
Pier. The applicant is requesting that the conditions for hours
of operation (alcohol outlet conditions #4, 5 and 15) be
clarified (Attachment B). The final aspect of the appeal
concerns alcohol outlet condition #25, prohibiting the serving of
alcohol in disposable containers (Attachment B). A
representative of the pier Restoration Corporation indicates that
use of disposable containers are not required by the P.R.C.
The applicant submitted a letter on July 3, 1991 indicating that
they perceived a demand to provide an outside dining area to
accommodate functions such as weddings and parties. The
applicant states that they have talked to several agencies and
community groups regarding the patio (Attachment E). Community
response to the plans for the patio are not specified by the
applicant.
The applicant also stated that they had "... no plans for live
entertainment on the patio. n, but wanted to II.. . provide outside
diners with background music via speakers... n . The applicant
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. adde'd that they would like to place "... a portable service bar
anywhere in the restaurant including the patio. . . " to
accommodate customers.
staff feels that the addition of special functions to the patio
area may intensify the impacts of the proposed alcohol license.
The conditions of approval which limit the nature of on-site
alcohol service to compliment meal service, only with no type of
entertainment permitted will lessen potential impacts. The
Commission did not approve and staff does not recommend approval
of a portable bar for use in the restaurant or the patio area.
The Planning Commission also did not approve outdoor music
speakers. staff recommends that if the Council permits music via
outdoor speakers, that a noise level of 50 dba shall not be
exceeded at any time. This would, however, potentially increase
the need for enforcement on the city's part.
staff feels that conditions #2, 7, 13, and 14 should remain as
approved by the Planning Commission (Attachment D). Approval of
the alcohol license for the outdoor patio expansion of the
restaurant, with the restriction that alcohol sales only occur in
conjunction with meal service, will have a minimal effect on
surrounding properties and the public health. Staff and the
Planning Commission determined that the addition of music and
dancing could intensify the use beyond what is appropriate for
the site, particularly since the patio fronts public beach
property and provides direct access to the boardwalk.
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. Conditions for hours of operation specify that events shall not
extend beyond the hours of 7 a.m. to 11 p.m., Sunday through
Thursday and 7 a.m. to 12 a.m., Friday through Saturday. Also,
alcoholic beverages may not be served in the patio area after 11
p.m. but may be served in the indoor dining area (Attachment D).
This does not conflict with existing hours of operation or limit
existing hours of operation and alcohol service for the main
restaurant. Alcohol outlet condition #15 states that permitted
hours of alcohol service shall be 10 a.m. to 2 a.m., Sunday
through Thursday, and 8 a.m. to 2 a.m., Friday and Saturday.
As adopted by the Planning Commission, several of the conditions
are unclear as to whether they apply to only the patio or the
entire facility. To clarify these conditions, staff is
recommending the substitution of the following conditions in
place of alcohol outlet conditions #4 and 15 (new wording is
underlined) :
4. Events occurring in the outdoor dining patio area shall
not exceed the hours of 7:00 a.m. to 11:00 p.m., Sunday
through Thursday and 7: 00 a. m. to 12: 00 a. m., Friday
through Saturday.
15. Permitted hours for service of alcohol for the main
restaurant only, shall be 10:00 a.m. to 2 a.m., Sunday
through Thursday, and 8 a .m. to 2: 00 a. m., Friday and
Saturday. Permitted hours for service for the outdoor
dining patio area shall be 10:00 a.m. to 11:00 p.m.,
Sunday through Thursday and 8:00 a.ln. to 11:00 p.m.
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. Alcohol outlet condition #25 specifies that alcohol shall not be
served in any disposable container such as plastic or paper cups.
staff recommends that this condition be retained.
Conclusion
In general, the character of Santa Monica pier is that of a
unique recreational area with differing patterns of use from
other commercial areas in the City. Although the request for the
addition of an expanded alcohol license to an existing restaurant
intensifies the alcohol use, the proposal serves to expand an
existing restaurant and will not add a new alcohol outlet to the
area. The appeal of Ken Schonlau focuses on the proximity of the
outdoor patio alcohol use to children I s areas and public beach
areas. Staff feels that the adopted conditions of approval and
findings included in the statement of Official Action address
these potential negative impacts.
The applicant's appeal focuses on conditions of approval
including the prohibition of music and dancing on the patio,
hours of operation and a conflict with City policy regarding
serving of alcohol in disposable containers. staff recommends
that conditions #2, 7, 13, and 14 regarding sit-down meal service
remain as stated in the Statement of Official Action.
BUDGET/FINANCIAL IMPACT
The recommendation presented in this report does not have any
budget or fiscal impact.
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RECOMMENDATION
It is respectfully recommended that the Council deny the appeals
of Conditional Use Permit 91-020 and uphold the Planning
Commission1s approval of CUP 9l-020 with the findings and
condi tions set forth in the statement of Official Action, and
wi th the substitution of the following Alcohol Outlet Findings
for those in the statement of Official Action, and the
replacement of alcohol outlet conditions #4 and 15 as set forth
below:
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 restaurant
use is one conditionally permitted in the RVC zone, and
with the conditions of approval, is not expected to create
any adverse impacts. Specifically, the restaurant already
exists at the site and the application would only permit a
minor expansion of its facilities; the patio area where
alcohol service would occur is surrounded by a high
barrier; and the alcohol conditions of approval mitigate
potential noise , security / and alcohol consumption
concerns (see alcohol conditions 1, 2, 4, 6, 7, 8, 9, 12,
13, 14, 17, 18, 23, and 24) such that the public interest
is protected, good zoning practices are followed I and a
fair outcome balancing public and private interests
results.
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,2. The proposed use is compatible with existing and potential
uses wi thin the general area; traff ic or parking
congestions will not result; the public health, safety,
and general welfare are protected; and no harm to adjacent
properties will result in that alcohol sales will occur in
a controlled manner in the proposed 105 set outdoor dining
patio area of the existing restaurant; that eating and
drinking establishments are permitted with a conditional
Use Permit in the RVC District; that the restaurant
location is adequately served with streets, parking,
sewers, water, and other infrastructure; that the RVC
District is intended to address dining and recreation
needs of tourists and others according to SMMC Section
9015.1, and that proposed project provides such services;
that the proposed site has no immediately adjacent
sensitive residential properties; and other than the pier
i tsel f , the proj ect is not immediately adj acent to any
other commercial establishments; and that the proposed
project is compatible with other uses on the Pier
including eating, shopping, and amusement uses.
3. The welfare of neighborhood residents will not be
adversely affected in that the proposed use would be
or iented toward publ ic beach property, away from
residential uses located within the vicinity which are
located more than 500' away from the project site; and
that the alcohol conditions of approval, specifically
Condition 2 limiting outdoor music, Condition 5 limiting
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the hours of use for the patio, Condition 6 addressing
noisy patrons, Condition 12 prohibiting off-sale
activities, Condition 13 prohibiting outdoor patio
dancing, and Conditions 23 and 24 regarding noise or other
detrimental activities will protect the welfare of
neighborhood residents.
4. The change in the license will not contribute to any undue
concentration of alcohol outlets in the area in that there
are eight (8) alcohol licenses within a 500' radius of the
site; and that this number of alcohol outlets relative to
the estimated three million (according to the pier
Restoration Corporation) pier visitors each year, together
with the Pier's location on one of the state1s most
heavily utilized beaches, does not consti tute an
overconcentration of such outlets, and further, approval
of the proposed project will not increase the number of
such outlets, but only permi t a minor expansion of an
existing outlet.
5. There will be no detrimental affect on nearby
residentially zone neighborhoods considering the distance
of the alcohol outlet to residential buildings, churches,
schools, hospitals, playgrounds, parks, and other existing
alcohol outlets in that there are no existing hospitals,
schools, or churches within 5001 radius of the site and in
that the alcohol conditions of approval will minimize the
potential affect on the adjacent playgrounds, parks,
alcohol outlets and residential uses, specifically the
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patio site is more than 500' distant from any residential
use; the patio has a tall barrier around it to separate it
from the beach area; Alcohol conditions 1, 6, 12, 13, 17,
18, 23 and 24 address access, noise, security and other
potential impacts on the nearby beach area, the pier and
the commercial, recreational, and residential uses in the
area.
6. According to the state Department of Alcohol and Beverage
Control, the existing establishment has had two
violations: one .in 1991 for unsanitary conditions, which
was corrected, and one in 1989 for sale to a minor. No
further violations have occurred, and the conditions of
approval, specifically Alcohol Conditions 1, 17, and 19
for controlled access, a security plan, and alcohol
awareness staff training, address this area of concern.
In addition, the conditions of approval require the
establishment to function primarily as a restaurant,
specifically Alcohol Conditions 3, 7, 8, 9, 11, 12, and 14
act to require serving of food at all times the
establishment is open, and otherwise limit non-restaurant
aspects of the facility.
7. The objectives of the General Plan are secured, in that
the General Plan calls for the oceanfront area to be a
visitor-serving area (see Land Use Element Objective 1.5,
Policies 1.5.1, 1.5.3 and 1.5.5) and the proposed project,
which provides visitor-serving uses, is consistent with
the objectives and policies of the General Plan, and its
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potential adverse effects on nearby residential and
recreational areas are minimized by the conditions of
approval including Alcohol Conditions 1, 2, 4, 5, 6, 12,
13, 17, 18, 23, 24, and 25, which address noise, security,
operating hours, alcohol policies, and other aspects of
the project which might cause adverse effects.
Alcohol Conditions of Approval
4. Events occurring in the outdoor dining patio area shall
not exceed the hours of 7:00 a.m. to 11:00 p.m., Sunday
through Thursday and 7:00 a.m. to 12:00 a.m., Friday
through Saturday.
15. Permitted hours for service of alcohol for the main
restaurant only shall be 10:00 a.m. to 2 a.m., Sunday
through Thursday, and 8 a . m. to 2: 00 a. m., Friday and
Saturday. Permitted hours for service of alcohol for the
outdoor dining patio area shall be 10:00 a.m. to 11:00
p. m., Sunday through Thursday, and 8: 00 a.m. to 11: 00
p.m., Friday through Saturday.
ATTACHMENTS
A. Appeal form dated 7/22/91.
B. Appeal form dated 7/24/91.
C. Statement of Official Action dated 7/10/91.
D. staff Memorandum to Planning Commission dated 7/10/91.
E. Letter from Patricia Sheffield to staff dated 7/3/91.
F. Letter from Patricia Sheffield to staff dated 7/10/91.
G. Letter from Ken schonlau to Paul Berlant dated 8/28/91.
H. Letter from Santa Monica pier Lessees Association dated
9/16/91.
I. Photographs of site.
Prepared by: Paul Berlant, Director of LUTM
D. Kenyon Webster, Planning Manager
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SMW/k
PC/sm020
09/19/91
Susan White, Assistant Planner
Planning Division
Land Use and Transportation Management Department
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FEE: $100 00
City of
-v ~S.anta Monica
~iilty and Econorrne Development Department
'" Planning and Zoning D1v1sJon
(213) 458-8341
'0, Ill! T.AP.pE~JORM
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Date RIed J u 1 y 1'9" 1 9 9 1
Received by {,.-i.Jul.j(.{9.J
Receipt No I~ III :J...'Z,,4
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Nama Ken SchonlFlIJ
Md~~, 2800 Neilson Way
Contact PersonKen Schonlau
Apt 1007. Santa Monic-Fl. r.A Q0404
~M (213)396-5270
Please descnbe the project and deciSIOn kI be appealed
1 request appeal to the City Coucil of Conditional Use
~~rmi~ ii-0~0~ 30~ 5an~a MODlca Yler, KY~, ~oarhouse
~==t~==~=~ ~~~ ~~ ~:~~~ ~~-~~~c Qal~ vf al~vl~vl (LJP~ 47
T.'Trpn~p) for ~ 10i) ",,,,..t- o,.,t-r'l"')r ;~!:~o :J.rO:l.
Case Number CUP P e rmj 1'". JJ q 1 -O? 0
Address. 301 San t a ~1 0 n H~ fI. P 1, r. r
Applicant C~tv of Santa Monlca/Roathol1~F! Ho~t
Onglnal hearing data u 1 v 1 7. 1 9 9 1
Onglnal actIOn . T 11 1 Y 1 7 0 1 q q ,
Please state Ihe specific reason(.) tor the appeal
This anneal alleQe~ that thp f'Tnn'TnoQ rnnt-",n",n In t-ho
Plannlng Staff Report and the Planning CommlSSlon dis~ussion
does I10~ rnee~ che lncenL or letter at the Alcohol Outlet CUP
T~'JJ (~uhrh~nt-or i:;T C'L:'IIr-t--,_.n on/,t)''\ T _....................+- .......-r... _.....J""rn...........~ ..J-1...........
... ,c--- -~---~~---- .,-.-..-,/. --- --]:'-......... ........J ...-""1----.......... ..................
the Plannlng Staff Report and the Planning Commlssion
Mlnutes De reterred to the City Attorney's Office with a
ro..,,,cO+- .fAT'" ~-n nn-;n';l""\.n ,=",.n +-1"10 .....h-.+-'h_.... ___ __.... .....L....... .I:__..]__~_
- - ""1.-- - - - -- -~------- -- -- ..--__~___ _.... .L&"-JI.... .....,L_ ........L...L.L~..L.....Lo....:JI
meet the requlrements of the law In an affirrnatlve ~?nner.
Pati~ular concerns are on following nape:
Signature
\<~ S~~~--._''''::-;::S-v.O''1 \7! (<11,
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* This applicant has a history of ABC violatIons including
selling to mInors. The Planning Department has a
responsIbIlity to investigate the extenslvenes of thIS
Illegal actIvity, the level of alcohol related crime in
the area and how lt effects the safety and welfare of the
neIghborhood as reqired by CUP law.
* The applicant admitted before the Planning Commlsion that
the Boathouse operates, at t1mes, as a bar only. ThIS 1S
contrary to the type 47 license and the CUP condItions.
* There is no city def1nition of undue concentrations of
alcohol outlets in the city or a given area. Without a
city definition the standard set by the Alcoholic Beverage
Control Department must prevail to meet the requirements
of the CUP ordnance.
* Santa Monica cItIzens within the vIcinity (500 ft.) were
not notifIed of the proposed alcohol sales increase or of
the CUP hearing.
* This alcohol outlet 1S close to children playgrounds,
children fun areas, sWImming and surfing. This close
proXImIty concern was not addressed by the Planning
CommISSIon in their fIndIngs as required by law.
Sincerely,
_V~ ~{!2~/J.---
Keh Schonlau
2800 Neilson Way #1007, Santa MonIca
(213) 396-5270
1LM;yf~
FEE:$100.00 A 11 -O;Zy
Cl~ of .
Santa Monica
Community and EconomiC Development Department
Planning and Zoning DIvision
{213} 458-8341
APPEAL FORM
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DaleRled
ReceIVed by
Receipt No
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Name r.i tv of S:oInr-" ).fnn1 f'-" l"Rn;::!j-hnll"'''' Hn<=:t
Address 301 San ta Mom (';:1 1='; '" r
Contact Person Patncia Sheffield
Phone 2.l3-3CJ3-fi47'l
Please descnbe the project and deciSIOn tJ be appealed
r.onrl1 t 1 nn;:1 ~CB.C..:-..1$J:'iD.ir_- .s!L~.o?n
ThiQ lQ ~n ~nn~~l nf rho ~r;~~~~ ~t~~~~~~~ ~~ 0~~~~~~~ ~~tlon
for it,e.ms #2_ 4_ 'l_ L l'L 14, 1'1 f.r ?i
Case Number
Address
ApplIcant
Ongmal heanng date
Onglnal actIOn
Condltional Use Permit 91-020
':In1 C::<Inr;.1 Noni (';1 p~ P...T '
r.;tv of S;1Tlt';.1 Mon;(,:oI/Ro-"t'l,olTF:P Hn<o:t
July 10, 1991
r,(mfiit1 nm'll Tlsp Pprnn j- Q1 -n?n
Pleasestatethespeclflcreason(s)forlheaflpeaJ Tho:> :,r;:l1-"r:, plT rr "",,:, "f" t-ho ,-"'t-rl~~:,," ;'::'_':~" ::.'.:""'.:'::.'. ~::' ':-::- ;:rovide
for private functions--wedding receptlons, private partles, church-related actlvitles,
birthdays, anniversarles and the like. Also classes to beneflt the communlty. And to
j::;:''::'-,-~~-=- :,::.:;: ou.,-~, ~uULl.Luw." al a Lt:d::>uudLly d[[uLJd'!Jle pLlce.
~lost private funccions reCl1,le~t hl1ff~t-st.yl p ('!in; n~ ,Jh",r", m<ln;' .':"o:>",j-", ;-rof"ar to eat
and drlnk standlng up and mingllng wlth the other guests. The hosts usually want some
background music and for their guests to be able to dance, Condltlons #2. #7, #13 and
#14 would restrict the use of the patio functions to sit-dovm IDeal servlce, no external
background music and prohibit any outdoor dancing. All of which would defeat the
prlmary purpose of the patio area.
If the Plannlng Commisslon is concerned that any outdoor music or dancing would
in someway interfere with or be annoyin~ to nearby resldential nei~hbors. I would point
out that the nearest residential nelghbors are at least 500 feeL away from the patio
area of the Boathouse. As your Statement of Officlal Action slted on Page 2. Paragraph 8
under Condltlonal Use Permit findlngs states, the physical locatlon of the patio
"is compatible with and relates harmoniously to the surrounding nelghborhood, in that the
use is orlented towards publlc beach property, away fro~ residential properties located
In the vlclnity." These condltlons are inconei!:tert v'lth what's preser.tly allcwed at
the other piel rEstaurants, wlth the Clt)'S reDtiIlg out the CcyocsEl, and trE 1ruIEday
Srgnature
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If additional "IS needed, use back of am.
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A
List of Anneal Deadlines*
Variance decisions: 14 days (SMMC Section 9113.8)
Home Occupation decisions: 14 days (SMMC Section 9110.6)
Temporary Use Permit decisions involving projects hav1ng span of
45 days or more: 7 days (SMMC section 9111.7)
Performance Standards Permit decisions: 14 days (SMMC Section
9112.6)
Reduced Parking Permit decisions: 14 days (SMMC section 9133.7)
Administrative Approvals (revocation thereof only): 7 days (SMMC
section 9134.5)
Ocean Park Yard Reduction Permits:
14 days (SMMC Section 9151.7)
Architectural Review Board decisions: 10 days (SMMC Sec~ion
9514)
Landmarks Commission decisions: 10 days (SMMC Section 9613)
Conditional Use Permit decisions: 14 days (SMMC section 9114.8)
Development Review p~rmit decisions: 14 days (Section 9115.7)
Tentative Map decisions: 10 days (SMMC section 9366)
*Appeal periods begin on next business day following the
decision. Appeal periods ending on weekends or holidays are
extended to the next business day. Appeals must be filed on
forms available from Planning and Zoning office and be
accompanied by appropriate filing fee. See Santa Monica
Municipal Code for more information.
k/appeal
DKW:bz
night' s tlT~nl~ght Dance" series.
Cond~tions #4, *5 and #15 deal w~th the hours of operation. These cond~tions are
inconslstent ln that condit~on #4 says events shall not exceed the hours of 7:00A.M. to
11:OOP.~., Sunday & Thursday and 7:00A.M. to 12:00P.M. Friday through Saturday;
cond~t~on #5 states that no alcoholic beverages are to be served in the outdoor d~ning
patio area after 11:SOP.M., while condltion #15 states that the permitted hours for
service of alcohol shall be 10:00A.~. to 2:00A.M., Sunday-Thursday, and 8:00A.M. to
2:00A.M. Fr~day and Saturday.
These conditions need to be clarlfled.
Furthermore, the C~ty's lease with the Boathouse (page 14, paragraph 20, 20.1)
requ~res the Boathouse to keep the Pre~ises open for business and cause such business to
be conducted thereon for such number of hours as 1S customary for businesses of like
character on the Santa Nonica Pier........r1
Pac~fic Fare restaurant's minimum days and hours of operatlon are every day from
5:30 A.M. until 12:00 midnlght. However, ~t ~s permltted to be open after m~dn~ght,
also Pacific Fare 18 permitted to serve alcoholic beverages from 6:00 A.M. to 2:00A.M.
seven days a week.
List of Anneal Deadli~e$*
Variance decisions:
14 days (SMMC Section 9113.8)
Home Occupation decisions:
14 days (SMMC Section 9110.6)
Temporary Use Permit decisions involving projects havIng span of
45 days or more: 7 days (SMMC Section 9111.7)
Performance Standards Permit decisions: 14 days (SMMC Section
9112.6)
Reduced Parking Permit decisions: 14 days (SMMC section 9133.7)
Administrative Approvals (revocation thereof only): 7 days (SMMC
section 9134.5)
Ocean Park Yard Reduction Permits: 14 days (SMMC Section 9151.7)
Architectural Review Board decisions:
9514)
10 days (SMHC Section
Landmarks Commission decisions: 10 days (SMMC Section 9613)
Conditional Use Permit decisions: 14 days (SMMC Section 9114.8)
Development Review P~rmit decisions: 14 days (Section 9115.7)
Tentative Map decisions: 10 days (SMMC Section 9366)
*Appeal periods begin on next business day following the
decision. Appeal periods ending on weekends or holidays are
extended to the next business day. Appeals must be filed on
forms available from Planning and Zoning office and be
accompanied by appropriate filing fee. See Santa Monica
Municipal Code for more information.
kjappeal
DKW:bz
night t S JlT\nlight DanceJl series.
Cond1tions #4, #5 and #15 deal with the hours of operation. These conditlons are
lnconsistent 1n that cond1tlon #4 says events shall not exceed the hours of 7:00A.~. to
11:00P.M., Sunday & Thursday and 7:00A.M. to 12:00P.M. Friday through Saturday;
condition #5 states that no alcohol1c beverages are to be served 1n the outdoor dlnlng
patio area after ll:50P.M., while condlt1on #15 states that the permitted hours for
serVlce of alcohol shall be IO:OOA.M. to 2:00A.M., Sunday-Thursday, and 8:00A.M. to
2:00A.M. Frlday and Saturday.
These conditions need to be clarified,
Furthermore, the Clty'S lease with the Boathouse (page 14, paragraph 20, 20.1)
requ1res the Boathouse to keep the Premises open for business and cause such buslness t(
be conducted tnereon for such number of hours as is customary for buslnesses of like
character on the Santa ::ionica Pler........"
Paclflc Fare restaurant's mlnlffium days and hours of operation are every day from
5:30 A.M. until 12:00 mldnight. However, it 18 perffiltted to be open after ~idn1ght,
also Paciflc Fare lS permitted to serve alcoholic beverages from 6:00 A.M. to 2:00A.~.
seven days a week.
'""
The Boatbou8e Re8taurant
301 Santa Monica Pier
Santa Monica, California 90401
(213) 393-6475
(213) 394-9097
City of Santa Monica/Boathouse Host
301 Santa Monica Pier
Patrlcla Sheffield 213-393-6475
Conditional Use Permlt 91-020
As for condition #25, that alcohol shall not be served in any dlsposable
Contalner such as dlsposable plastic or paper cups. For environmental purposes,
we agree wlth thlS condition. However, lt needs to be clarlfied because there
are times when the City or the Pier Restoration has requested that we speclfically
use disposable plastlc or paper cups.
5t ([:J - {,i (!) t,/ ~ e:-Y'.
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(pB
STATEMENT OF OFFICIAL ACTION
PRO.7EC-:
W~~BER: Conditional Use Permit 91-020
LOCATION: 301 Santa Monica Pier
APPLIC~~T: City of Santa Mon~ca/Boathouse Host
CASE PLANNER: Susan White, Assistant Planner
REQUEST: Application for a Conditional Use Permit to
allow the on-site sale of alcohol with a Type
47 (On-Sale General for Bona Fide Publ~c
Eating Place) alcohol license for a proposed
106 seat outdoor patio dining area currently
under construction for the Boathouse
Restaurant.
PLANNING COMMISSION ACTION
7/10/91
X
Date.
Approved based on the following findings and
subject to the conditions below.
Denied.
Other.
EFFECTIVE DATE'S) OF ACTION(S) IF NOT APPEALED:
7/24/91
Case #CUP 91-020
EXPIRATION DATE'S) OF ANY PERMITS GRANTED:
7/24/92
Case #CUP 91-020
LENGTH IN MONTHS OF ANY POSSIBLE EXTENSION OF EXPIRATION DATE'S)
0-
3 mon~s
Case #CUP 91-020
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", in that the sale of alcohol for
on-site consumption is conditionally permitted in the RVC
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d~strlct, and in that the sale of alcohol as a co~pl:~e~-
tary 1tem w1th meal serv~ce only for the proposed o~~door
dln~ng patlo area should not result ln adverse condltio~s.
2. The proposed use would not impalr the integrity and
character of the dlstrlct in which 1t 15 to be established
or located, in that the proposed alcohol license wou:d
result In an expansion of an existing restaurant and would
not result ln an addition of another alcohol outlet in the
area. The use should not impair the surrounding district
provlded that the alcohol use does not become primary in
nature or that the patio area does not function as a stand
alone bar.
3. The subject parcel is physically suitable for the type of
land use being proposed, in that proposed Type 47 alcohol
license is for an existing restaurant structure.
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 proposed Type 47 alcohol
license is for a proposed outdoor dining patio area for an
existing restaurant.
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 on-site sale of alcohol is conditionally permitted in
the RVC zone and the conditions of approval will mitigate
any potential impacts on existing land uses wi thin the
area.
6. There are adequate provisions 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 the use will take place within an existing res-
taurant with available utilities.
7. Public access to the proposed use will be adequate, in
that the existing restaurant is adequately served by the
Pier bridge and two existing city of Santa Monica parking
lots.
B. The physical location or placement of the use on the site
is compatible with and relates harmoniously to the aur-
~oundin9 neighborhood, in that the use is oriented towards
public beach property, away from residential properties
located in the vicinity.
9. The proposed use is consistent with the goals, objectives,
and policies of the General Plan, in that restaurants are
a permitted use in the RVC District and alcohol uses are a
conditionally permitted use.
10. The proposed use would not be detrimental to the public
interest, health, safety, convenience, or qeneral welfare,
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In that the condit:ons of approval :cr the alcohol licer.se
W'c1,lld m~t:gat:e any negat:.ve 1mpac": on t~e pul:::~c beac:;.
property use.
::. The proposed use con~orms precisely to the app11cable per-
formance standards conta~ned 1n Subchapter 6, Sect10n 9050
and special conditions outlined in Subchapter 7, Sect10n
9055 of the c~ty 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 the
license is for an expansion of an existing restaurant and
will not result in an increase in the number of alco!'l.ol
outlets in the immediate vicinity.
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 use
is one conditionally permitted in the RVC zone and is not
expected to create any adverse impacts.
2. The proposed use is compatible with existing and potential
uses within the general area; traffic or parking
- congestions will not result; the public health, safety,
and general welfare are protected; and no harm to
adjacent properties will result in that alcohol sales will
occur in a controlled manner the proposed 105 seat outdoor
dininq patio area of the existing restaurant with no
change to existing facilities6
36 The welfare of neighborhood residents will not be
adversely affected in that the proposed use would be
oriented toward public beach property, away from
residential uses located within the vicinity.
46 The change in the license will not contribute to an undue
concentration of alcohol outlets in the area in that there
are eight (8) alcohol license within a 500' radius of the
site.
5. !l'here will be no detrimental affect on nearby
~es1dentially zoned neighborhoods considering the distance
of the alcohol outlet to residential buildings, churches,
schools, hospitals, playgrounds, parks, and other existing
alcohol outlets in that there are no existing hospitals,
schools or churches within a 500' radius of the site and
in that the conditions for approval will minimize the
potential affect on the adjacent playgrounds, parks,
alcohol outlets and residential uses.
CONDITIONS
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Plans
1. ThiS approval ~s for those plans dated December, 1990, a
copy of WhlCh shall be ma1ntalned in the flles of the C~ty
Planning Dl.V1Slon. Pro] ect development shall be conS1S-
tent wlth such plans, except as other..rlse specl.fied in
these conditions of approval.
2. The Plans shall comply with all other provisions of Chap-
ter 1, Article IX of the Municipal Code, (Zoning Or-
dinance) and all other pertinent ordinances and General
Plan policies of the City of Santa Monica.
Validity of Permits
4. In the event permittee violates or fails to comply with
any conditions of approval of this permit, no further per-
mits, licenses, approvals or certificates of occupancy
shall be issued until such violation has been fully
remedied.
.
5. Within ten days of Planning Division transmittal of the
Statement of Official Action, project applicant shall
sign and return a copy of the Statement of Official Actlon
prepared by the Planning Division, agreeing to the Condi-
tions of approval and acknowledging that failure to comply
.with such conditions shall constitute grounds tor poten-
tial revocation ot the permit approval. By signing sa~e,
applicant shall not thereby waive any legal rights appli-
cant may possess regarding said conditions. The signed
Statement shall be returned to the Planning Division.
Failure to comply with this condi tion shall constitute
grounds for potential permit revocation.
This determination shall not become effective for a period
of fourteen days from the date ot determination or, if
appealed, until a final determination is made on the ap-
peal. Any appeal must be made in the form required by the
Zoning Administrator. ~he approval of this permit shall
expire one year from the permit's effective date, unless,
in the case of new development, a building permit has been
obtained, or in the case ot a change of use, a business
license has been issued and the use is in operation prior
to the permit expiration date. One three-month extension
of the one year period may be permitted if approved by the
Oir.c~or ot Planning_ Applicant is on notice that exten-
sions may not be granted it development standards relevant
to the project have changed since project approval.
6.
ALCOHOL OUTLET CONDITIONS
1. The operator shall control entry via the patio public en-
trance leading from the beach boardwalk during all public
dining hours. The applicant shall submit a plan regarding
control of the patio entrance to the Director of Planning.
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7here sha..ll
pat.:.o.
be no external mus.:.c perm~~~ed en t~e
....~.._---,..
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3. Ar''Y m~n~murn purchase requ~rement shall be H1. tr.e fO.in a:
food or beverage.
4. Ever.ts shall not exceed the hours of 7:00 a.m. to 11:')0
p.m., sunday through Thursday and 7:00 a.m. to 12:00 a.m.,
Fr~day through Saturday.
5. The restaurant shall not serve alcoholic beverages ~n the
outdoor dining pat~o area after 11 p.m. but may continue
to sell alcoholic beverages in the indoor dining area.
6. The owner shall prohibit loitering in the outdoor area and
shall control noisy patrons leav~ng the restaurant.
7.
The primary use of the premises
service to patrons. Alcohol
persons in the outdoor patio
intending to purchase meals.
shall be for sit-down meal
shall not be served to
dining area except those
8. The premises shall maintain a kitchen or food-serving area
in which a variety of food is prepared and cooked on the
premises.
9. The premises shall serve food to patrons during all hours
the establishment is open for customers.
10. Seating arrangements for sit-down patrons S~.Jl' ~ot exceed
329 seats total (223 restaura'~ seats & 106 patio seats).
In no instance shall the establishment be occupied by more
than 25% more than this number (411 persons), not
including staff.
11. Take out service shall~be only incidental to the primary
sit-down use.
12. No alcoholic beverage shall be sold for consumption beyond
the premises.
13. No dancing shall be permitted on the outdoor patio. Live
entertainment shall only be permitted for the existinq
indoor restaurant areas.
~
14. ':the primary use of the outdoor dining area shall be for
seated meals .ervice. Patrons who are sL....ndinq in the
outdoor seating area shall not be serv3d.
15. Permitted hours for service ~t alc~hol sha~\ be 10 a.m. to
2 a.m. Sunday~Thursday, and 8 a.m. to 2:00 ~.m. Friday and
Saturday.
16. No expansion in nt]m.ber of seats, intS:1'1s1c~' of operation,
0& outdoor areas shall occur without prior approval from
the city of santa Monica and State ABC.
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:'3.
19.
20.
21.
22.
23.
24.
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?!" l.C=- to :ssuance of a Cer":.lf .:.=a~e of Oc=~pa:1ci~ J 0:- a
~~s~~eS5 ::ce~se, as app::cazle, a sec~~:~y pla~ s~a:: be
s~b~:t~ed ~o t~e Ch:ef o~ ?cl:ce :or rev~ew and app~ova:.
~~e p:ar shal: address both phys~ca~ and opera~:~~a:
sec'.lr:~y lssues.
Prlor t.O lssuance of a Cert~f~cate of Occ~par:cy, or a
buslness llcense, as appllcable, the operator shall suprn~t
a p:an for approval by the Dlrector of Plannlng regard:ng
err;:oyee alcohol awareness tralning programs and pol~cles.
The plan shall outllne a mandatory alcohol awareness
tra~nlng program for all employees having contact wl~h the
public and shall state management I s policies addresslng
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 tralning
program condition affecting similar establishments. The
plan shall also set forth a "designated driver" program,
which shall be offered by the operator of the
establishment to patrons.
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.
M-nor amendments to the plans shall be subject to approval
~1 'he Director of Planning. An increase of more than 10%
0: ~.. square footage or a significant chanqe in t11e
approved concept s'1" '\11 be subject to Planning Commission
ReV1ew. Construction shall be in substantial conformance
with the plans submitted or as modified by the Planning
Commission, Architectural Review Board, or Director ot
Planning.
The applicant shall comply with all legal requirements
reqarding provisions fo~ the disabled, including those set
forth in the Calitornia Administrative Code, Title 24,
Part 2.
Refuse areas, storage areas, and mechanical equipment
shall be .cr.ened in accordance with Sec. 9127J.2-4
(SKMC). Refuse areas shall be of a size adequate to meet
~n-.1t. need.
..
The oD~ration shall at all times be conducted in a manner
not detrimental to surrounding properties or residents by
reason of liqhts; noise, activities, parking, or other
actions.
No noise generating compressors or other such equipment
shall be placed adjacent to neighboring residential
buildinqs.
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25. Alcohol shall not be served in any dl.sposable con~a~:'er
s~ch as disposable plastic or Faper c~ps.
26. No video or other amusement games shall be pe~~ tted C:l
the prem~ses.
27.
With1n thirty (30) days from date
approved) the applicant shall prov~de
Statement of Off~c~al Action for this
local office of the State Alcoholic
department.
of approval (if
a copy of the
approval to the
Beverage Control
28. This permit shall expire one year from the effective date
of approval unless required ABC permits are obtained. One
three-month extension of the one-year period may be
permitted if approved by the Director of Planning.
29. Applicant is on notice that all temporary signage is
subject to the restrictions of the City sign ordinance.
Prepared by: Susan White, Assistant Planner
VOTE
Ayes: Gilpin, Mechur, Morales, Nelson, Polhemus, Rosenstein
Nays:
Abstain:
Absent: Pyne
NOTICE
If this is a final decision not subject to further appeal under
the City of Santa Monica Comprehensive Land Use and Zoning Or-
dinance, the time within which judicial review of this decision
must be sought is governed by Code or Civil Procedure Section
1094.6, which provision has baen adopted by the City pursuant to
Municipal Code section 1400.
I hereby certify that this statement of Official Action accurate-
ly reflect. the final deterainatioD of the Planninq Commission of
the CitJ of 8-~iii~ daP!zt{iJ
~if nature l./"-/- , ~,; ~
I
r
Iph Mechur, Chairperson
lease Print Name and Title
.
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I hereby agree to the
acknowledge that failure
eonstitute grounds for
approval.
-
above conditions ot approval and
to comply with such conditions shall
potential revocation ot the perm~t
Applicant's Signature
Pr~nt Name and Title
PC/s020
DKW: SMW
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The Boathouse Restaurant
301 Santa Monica Pier
Santa MOllica, California 90401
(213) 393-6475
(213) 394-9097
July 3, 1991
City of Santa Monica
Planning Department
1685 Main street
Santa Monica, Ca. 90401
Ladies and Gentlemen,
At this juncture, we wish to offer a brief history of
the evolution of our patio as well as a clearer focus of its
intended uses in order to put to rest a few voiced concerns.
First, over the last years, we have had countless
requests for outside dining. Also, we have received a great
many inquiries for a space to accommodate the various
functions of civic, social, private and corporate groups.
These functions have run from weddings and reunions to large
birthday and retirement parties. We have not been able to
accommodate most of these. It was in fact, at a retirement
party for a Building and Safety employee that we truly
recogonixed our own limitations and inadequacies. We saw how
large the void in the Santa Monica area was for reasonably
priced space and service.
We then explored the possibility of helping fill this
void by talks with the state of california, the pier
Restoration corporation, the City Manager, the former Mayor,
the visitors Bureau and the Chamber of Commerce. We also
solicited input from a great many private individuals. After
conferring with and addressing all the concerns of the Health
Department, the Alcoholic Beverge Control Board, Building and
Safety and the Planning staff and further defining the
community needs through talks with the Kiwanis Club, the YMCA
and various church groups, we started working with our
architect.
During all of this time, one of the owner's formost
concerns was making the patio inaccessible from the beach
itself without actually entering the patio space.
Consequently, the patio flooring was built up a minimum of
two feet at the lowest point from the sand. Then an
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attractive forty-three inch wood and forty-eight inch glass
wall enclosed the space making the height from the beach more
than nine and one-half feet.
Having constructed a safe and attractive addition to the
Santa Monica Pier and beach area we believe it is a plus in
all minds. The Boathouse Restaurant is and will continue to
be a family oriented becon used as it has been in the past.
We have no plans for live entertainment on the patio.
We would iike to provide outside diners with background music
via speakers as we currently offer that amenity in other
areas of the restaurant.
Full service bars exist both upstairs and down and we
believe them to be adequate but would not want to rule out
the possibility of occasionally placing a portable service
bar anywhere in the restaurant including the patio if it was
needed as we are in business and therefore concerned about
accommodating our customers.
As to how many days we would expect to be booked for
private functions, it is very hard to estimate. It would be
according to community needs and response. We would hope
that in five years, it would be booked as much as two hundred
functions a year. Also proposed for private use has been
yoga classes, aerobics and other classes that would benefit
the community.
Thanking you and everyone else for all your input.
Cordially yours,
~~/-~ /
Patricia Sheffield
President
Boathouse Host, Inc.
~
September 16, 1991
Santa Mon~ca C~ty Counc~l
C~ty Hall
1685 Ma~n Street
Santa Mon~ca, CA 90401
Dear C~ty Counc~l Members:
As Pres~dent of the Santa Monica P~er Lessees Assoc~at~on
and Bus~ness People's Assoc~at~on, I am wrltlng In behalf
of Pier bus~ness people to ask that you grant the Boathouse
Restaurant's appeal of a Plann~ng Comm~ss~on dec~s~on to
proh~b~t the sale of alcohol~c beverages after 11 PM
on ~ts new and as yet-to-open beachs~de deck.
S~nce Patti Sheff~eld took over the Boathouse follow~ng
her father's death, she has made every effort to lmprove
the Boathouse and therefore improve the Pler. If you have
been to the Boathouse lately, you will have noticed that
the ~nterior has been completely redecorated, includ~ng
the additlon of some wlndows, so that patrons can see more
of the P~er, the beach and the ocean. She has also added
to and dlvers~fled the menu. As a result, Boathouse
patrons are more numerous and revenues are up markedly,
Wh1Ch means that C~ty revenues are up, too.
Now Ms. Sheffield has added a very attract1ve deck at the
beach level. Because the setting is so beaut1ful and
because there 1S no other place I can thlnk of ~n the City
where people can have a good meal and beverages ~n the
mldst of thlS unlque sett~ng, I{m sure it will be very
popular with both res~dents and vis1tors.
But before lt even gets started, the Plannlng Commiss~on
has burdened 1t w~th what frankly seems an unfa~r and
foolish restrictlon. ABC regulat~ons prohlb~t the sale of
alcohol1c beverages after 2 AM. The Plannlng Comm~sslon
wants to proh~b~t the sale of alcohollC beverages on the
deck after 11 PM.
Slnce patrons can only enter and exit the deck Vla the
restaurant and since the deck, ~n that sense, lS simply
an enlargement of the restaurant rather than a separate
entlty, ~t's like saYlng that patrons 1n one part of a
room may be served alcohollc beverages, whlle those ln
another part may not. The Boathouse has ~ts own securlty
staff to lnsure that patrons behave ln an orderly fashion
throughout the restaurant. The deck is far from any
SANTA MONICA PIER LESSEES ASSOCIATION
201 Santa Monica Pier Santa MOnica, CA 90401 (213) 395-4141
page two
resldent1al area, so that whatever n01se may emanate
from the deck w1ll not bother anyone. Further, it ~s our
bellef that the new Boathouse deck 15 a real addit~on
to the Pier, wh~ch will offer pier patrons a most
enJoyable and unique experlence.
Every buslness on the Pler has suffered through the storms
of 1983, the long reconstruct1on perlod and we are now
gOlng through the redevelopment per10d. There have been
many set-backs and unavoldable delays along the way. We
have Just recently been through a very d1sappolntlng
summer, thanks to the unseasonal weather. Each of us has
a lot of tlme, effort, energy and money lnvested here.
Our commltment to the Pler and its full revltalization and
restoratlon lS ObVl0US. Ms. Sheffleld's commltment lS
obv~ous, too. She has lnvested in many ~mprovements in
the Boathouse, the latest of WhlCh lS the deck.
Whlle we understand that the City is also commltted to the
Pler's revitalizatlon, and that, as the owner and operator
of the Pler, lt has speclal and unlque responsib11~tles,
we belleve that, ln thlS lnstance, the Plannlng Commisslon
has gone too far and that its declslon, lf upheld, will
not only hurt Ms. Sheffleld's buslness, but wll1 dlmlnlsh
Pler patrons' enJoyment. Ms. Sheffield thought she was
dOlng a good thing -- for her business and her patrons and
the Pler. Now, in effect, the Plann1ng CommlSSlon 15
punlshlng her.
We are down here ln all weather, at all tlmes of the day
and nlght. Not one of us would support anythlng we thought
would have a negatlve lmpact on the Pler. Nor would we
favor anythlng which mlght tarnlsh the Pler's lmage even
a 11ttle, much less cause any problems on e1ther the Pler
or the beach. These are lssues we are very sensitive to --
both as Pler buslness people and s~mply as people who work
on the Pler. We don't want any trouble; we do want any and
all lmprovements, and the deck is a deflnlte lmprovement.
We are aware that there have been problems assoClated wlth
outdoor patlos on the Thlrd Street Promenade, and perhaps
the Plannlng Commlss1on's deClS10n on the Boathouse deck
15 an effort to avoid simllar problems on the Pier. But
the Boathouse deck dlffers from Thlrd Street patios in three
key ways: flrst, lt 15 far from any resldentlal area; second,
~t lS accesslble only through the restaurant; and, thlrd,
lt 1S completely removed and not even v~sible from the Pler
roadway. It should not be seen or treated as anythlng but
a new room ln the restaurant.
Ms. Sheffleld and the rest of us are your partners in the
restorat~on and redevelopment of the Pler. As such, we expect
your cooperat10n in and support of our efforts to improve
the Pler. The new Boathouse deck 15 a real lmprovement.
Therefore, we urge you to perm~t Ms. Sheff1eld and her patrons
to benef1t fully from this improvement by granting her
.~
page three
appeal to overturn the Plann~ng Cornm~ssion's restrictions
and perm~tting her to operate the deck as she does the
rest of the restaurant, in accordance w~th ABC regulat~ons.
We do not ant~c~pate any problems, but you can be sure
that if serv~ce of alcohol~c beverages on the deck until
2 AM causes any problems, we w~ll not merely accept, but
approve some appropriate restrict~ons. However, unt~l or
unless there are such peoblems, please g~ve Ms. Sheff~eld
the opportun~ty to prove that the new Boathouse deck ~s
not only a great addition to both the restaurant and the
P~er but a place that we can all enJoy.
S~ncerely yours,
~~
Ronald R~sch, President
SMPLA and SMPBA
New P~er Corporat~on