Loading...
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 - I - 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 - 2 - . 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, - 3 - . 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 - 4 - - 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 - 5 - . 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 - 6 - . 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. - 7 - . 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. - 8 - . 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. - 9 - 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. - 10 - ,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 - 11 - 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 - 12 - 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 - 13 - 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 - 14 - SMW/k PC/sm020 09/19/91 Susan White, Assistant Planner Planning Division Land Use and Transportation Management Department - 15 - 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 .., '-~_L.L 1_,_ -U, 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 ~;Af,1~ --" ~ CZi(J =- - , 5fY\t Z-c: It-~. J - 02.-1 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, Q L/ ~ . * 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:$100.00 A 11 -O;Zy Cl~ of . Santa Monica Community and EconomiC Development Department Planning and Zoning DIvision {213} 458-8341 APPEAL FORM ~~~~ Z-L/r ICf/lJ ~ ~d (0) JJl;tt~::r ( DaleRled ReceIVed by Receipt No T1J.;].,.,.?!. . Q.Co, /! ~~'O'~) ~ ~lqJ l6q Name r.i tv of S:oInr-" ).fnn1 f'-" l"Rn;::!j-hnll"'''' Hn<=:t Address 301 San ta Mom (';:1 1='; '" r Contact Person Patncia Sheffield Phone 2.l3-3CJ3-fi47'l Please descnbe the project and deciSIOn tJ be appealed r.onrl1 t 1 nn;:1 ~CB.C..:-..1$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 /J . (,j / II I I /1 1\ ':- I~ L.-- - 'oJ _....--t.--..... [ If additional "IS needed, use back of am. ....\ II C I, //1._ ~ OatIl /11'_ 1-( ,"//U-/ c' i .1- ) . "a;! ) L/j / I 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'. - (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 - 1 - .. ~ ~ . - 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, - 2 - . - 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 - 3 - . - 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. - 4 - . - 2 . 7here sha..ll pat.:.o. be no external mus.:.c perm~~~ed en t~e ....~.._---,.. -..... -_.....-~- 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. - 5 - , ~ :'3. 19. 20. 21. 22. 23. 24. . . ?!" 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. - 6 - . - 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 . - 7 - . 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 ..- ~ . ... 8 ... e e 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 I I t - "- '- e e 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