SR-6-L (67)
TO:
Mayor and City Council
Santa Monica, California
a-L
LUTM:PB:DKW:SW/CC~~~O.PCWORD.PLAN
Council Mtg: November 12, 1991
FROH:
City staff
~\N i 2 \99\
SUBJECT:
Certification of Statement
Appeal of Conditional Use
Monica Pier.
of Official Action for
Permit 91-020, 301 Santa
INTRODUCTION
This report transmits for city Council certification the
Statement of Official Action for the appeal of the above listed
conditional Use Permit to allow the on-site sale of alcohol with
a Type 47 (On-Site 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.
This matter was continued from a previous meeting at the City
Council's request. Staff has reviewed the tape recording of the
meeting and several changes have been made to the Statement of
Official Action.
Changes include clarification of food and
alcohol service to the patio during regular hours as well as for
special
events,
clarification
of
operating
hours,
and
modification of findings as a consequence of the above changes.
The attached document reflects those changes.
RECOMl1ENDATION
It is respectfully recommended that the City council approve the
attached Statement of Official Action which contains findings and
conditions of approval for Conditional Use Permit 91-020.
Prepared by: Paul Berlant, Director of Land Use and
Transportation Management
Susan White, Assistant Planner
Attachment:
A. statement of Official Action dated 09/24/91.
6-L
MO\} 1. Z 1tl91
CITY COUNCIL
STATEMENT OF OFFICIAL ACTION
PROJECT
NUMBER: conditional Use Permit 91-020
LOCATION: 301 Santa Monica pier
APPLICANT: Pier Restoration Corporation/ Boathouse Host
CASE PLANNER: Susan white, Assistant Planner
REQUEST: Two Appeals 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.
APPELLANT: Pier Restoration corporation/ Boathouse Host
APPELLANT: Ken Schon1au
CITY COUNCIL ACTION
9/24/91
X
Date.
Appeal by pier Restoration Corporation/ Boathouse
Host approved based on the following findings and
subject to the conditions below.
Denied.
Other.
EXPIRATION DATE(S) OF ANY PERMITS GRANTED:
9/24/92
Case #CUP 91-022
LENGTH IN MONTHS OF ANY POSSIBLE EXTENSION OF EXPIRATION DATE(S)
3 months.
Case #CUP 91-022
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 Ordinancell, in that the sale of alcohol for
on-site consumption is conditionally permitted in the RVC
district and in that the sale of alcohol with the
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availability of food service for the proposed outdoor
dining patio area should not result in adverse conditions.
2. The proposed use would not impair the integrity and
character of the district in which it is to be established
or located, in that the proposed alcohol license would
result in an expansion of an existing restaurant and would
not result in an addition of another alcohol outlet in the
area. The use should not impair the surrounding district
provided 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 the proposed Type 47 al-
cohol 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.
8. The physical location or placement of the use on the site
is compatible with and relates harmoniously to the sur-
rounding neighborhood, in that the use is oriented towards
public beach property 1 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 general welfare,
in that the conditions of approval for the alcohol license
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would mitigate any negative impact on the public beach
property use.
11. The proposed use conforms precisely to the applicable per-
formance standards contained in Subchapter 6, Section 9050
and special conditions outlined in Subchapter 7, section
9055 of the city of Santa Monica Comprehensive Land Use
and Zoning Ordinance, in that this use is not governed by
the applicable chapters.
12. The proposed use will not result in an overconcentration
of such uses in the immediate vicinity, in that the
license is for an expansion of an existing restaurant and
will not result in an increase in the number of alcohol
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 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 bar-
rier; and the alcohol conditions of approval mitigate po-
tential 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 pro-
tected, good zoning practices are followed, and a fair
outcome balancing PUblic and private interests results.
2. The proposed use is compatible with existing and potential
uses within the general area; traffic or parking conges-
tions 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 seat outdoor
dining patio area of the existing restaurant, that eating
and drinking establishments are permitted with a Condi-
tional Use Permit in the RVC District; that the restaurant
location is adequately served with streets, parking,
sewers, water, and other infrastructure; that the RVC Dis-
trict 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 itself,
the project is not immediately adjacent to any other com-
mercial establishments; and that the proposed project is
compatible with other uses on the pier including eating,
shopping, and amusement uses.
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3. The welfare of neighborhood residents will not be adverse-
ly affected in that the proposed use would be oriented
toward public 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 con-
ditions of approval, specifically Condition 2 limiting
outdoor music, Condition 5 limiting the hours of use for
the patio, Condition 6 addressing noisy patrons, Condition
12 prohibiting off-sale activities, Condition 13 prohibit-
ing outdoor patio dancing, and Conditions 23 and 24
regarding noise or other detrimental activities will pro-
tect 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 Res-
toration Corporation) pier visitors each year, together
with the Pier's location on one of the state's most heavi-
ly utilized beaches, does not constitute an overconcentra-
tion of such outlets, and further, approval of the pro-
posed project will not increase the number of such out-
lets, but only permit a minor expansion of an existing
outlet.
5. There will be no detrimental affect on nearby residential-
ly zone neighborhoods considering the distance of the al-
cohol 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 500' 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 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 im-
pacts on the nearby beach area, the Pier and the commer-
cial, recreational, and residential uses in the area.
6. According to the state Department of Alcohol and Beverage
Control, the existing establishment has had two viola-
tions: one in 1991 for unsanitary conditions, which was
corrected, and one in 1989 for sale to a minor. No fur-
ther violations have occurred, and the conditions of ap-
proval, specifically Alcohol Conditions I, 17, and 19 for
controlled access, a security plan, and alcohol awareness
staff training, address this area of concern. In addi-
tion, the conditions of approval require the establishment
to function primarily as a restaurant, specifically Al-
cohol Conditions 3, 7, 8, 9, 11, 12, and 14 act to require
serving of food at all times the establishment is open,
and otherwise limi t non-restaurant aspects of the
facility.
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7. The obj ectives 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
potential adverse effects on nearby residential and recre-
ational areas are minimized by the conditions of approval
including Alcohol Conditions 1, 2, 4, 5, 6, 12, 13, 17,
1B, 23, 24, and 25, which address noise, security, operat-
ing hours, alcohol policies, and other aspects of the
project which might cause adverse effects.
CONDITIONAL USE PERMIT CONDITIONS
Plans
.
L
This approval is for those plans dated December 1990, a
copy of which shall be maintained in the files of the City
Planning Division. Project development shall be
consistent with such plans, except as otherwise specified
in these conditions of approval.
2.
The Plans shall comply with all other provisions of
Chapter 1, Article IX of the Municipal Code, (Zoning
ordinance) and all other pertinent ordinances and General
Plan policies of the City of Santa Monica.
Validity of Permits
3. In the event permittee violates or fails to comply with
any conditions of approval of this permit, no further
permits, licenses, approval or certificates of occupancy
shall be issued until such violation has been fully
remedied.
4. 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 Action
prepared by the Planning Division, agreeing to the
Conditions of approval and aCknowledging that failure to
comply with such conditions shall constitute grounds for
potential revocation of the permit approval. By signing
same, applicant shall not thereby waive any legal rights
applicant may possess regarding said conditions. The
signed Statement of Official Action shall be returned to
the Planning Division. Failure to comply with this
condition shall constitute grounds for po-cential permit
revocation.
5. The approval of this permit shall expire one year from the
permit's effective date, unless, in the case of new
dvelopment, a building permit has been obtained, or in the
case of 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
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year period may be permitted if approved by the Director
of Planning. Applicant is on notice that extensions may
not be granted if development standards relevant to the
project have changed since project approval.
ALCOHOL OUTLET CONDITIONS
1. The operator shall control entry via the patio public
entrance leading from the beach boardwalk during all
pUblic dining hours. The entrance shall be limited in use
to emergency ingress and egress, deliveries, and
handicapped access.
2. Outdoor music shall be allowed and shall not exceed a
· maximum noise level of 50 dba.
3. Any minimum purchase requirement may be in the form of
food, beverages, or both.
4. The owner shall prohibit loitering in the outdoor area and
shall control noisy patrons leaving the restaurant.
5. The primary use of the outdoor patio shall be for sit-down
meal service and private functions.
6.
(a) When the restaurant and/or
used as a public establishment,
only be served to patrons who
consume a meal.
outdoor patio are being
alcoholic beverages may
express their intent to
(b) When the outdoor restaurant and/or patio is being used
for private events (parties, receptions not open to the
general public) alcoholic beverages may be served when
food or meals are available.
7. The premises shall maintain a kitchen or food-serving area
in which a variety of food is prepared and cooked on the
premises.
8. seating arrangements for sit-down patrons shall not exceed
329 seats total (223 restaurant 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.
9. Take out service shall be only incidental to the primary
sit-down use.
10. No alcoholic beverage shall be sold for consumption beyond
the premises.
11. No dancing or live entertainment shall be permitted on the
outdoor patio. Live entertainment shall only be permitted
for the existing indoor restaurant areas.
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,
.
12. Permitted hours for service of alcohol for the main
restaurant and the outdoor patio dining area shall be 6
a.m. to 2 a.m.
13. No expansion in number of seats, intensity of operation,
or outdoor area shall occur without prior approval from
the City of Santa Monica and State ABC.
14. Prior to issuance of a Certificate of Occupancy I or a
business license, as applicable, a security plan shall be
submitted to the Chief of Police for reV1ew and approval.
The plan shall address both physical and operational
security issues.
15. Prior to issuance of a Certificate of occupancy, or a
business license, as applicable, the operator shall
submit a plan for approval by the Director of Planning
regarding employee alcohol awareness training programs and
policies. The plan shall outline a mandatory alcohol
awareness training program for all employees having
contact with the pUblic and shall state management's
policies addressing alcohol consumption and inebriation.
The operator shall provide City with an annual compliance
report regarding compliance with this condition. This
project shall be subject to any future City-wide alcohol
awareness training program condition affecting similar
establishments. The plan shall also set forth a
"designated driver" program, which shall be offered by the
operator of the establishment to patrons.
16.
Final plans
landscaping,
subj ect to
Commission.
for any changes to exterior
trash enclosures, and/or signage
review and approval by the
design,
shall be
Landmarks
17. Minor amendments to the plans shall be subject to approval
by the Director of Planning. An increase of more than 10%
of the square footage or a significant change in the
approved concept shall be subject to Planning Commission
Review. construction shall be in substantial conformance
with the plans submitted or as modified by the Planning
Commission, Landmarks Commission, or Director of Planning.
18. The applicant shall comply with all legal requirements
regarding provisions for the disabled! including those set
forth in the California Code of Regulations, Title 24,
Part 2.
19. Refuse areas, storage areas, and mechanical equipment
shall be screened in accordance with Sec. 9127J.2-4
(SMMC). Refuse areas shall be of a size adequate to meet
on-site need.
20. The operation shall at all times be conducted in a manner
not detrimental to surrounding properties or residents by
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reason of lights, noise, activities, parking, or other
actions.
21. No noise generating compressors or other such equipment
shall be placed adjacent to neighboring residential
buildings.
23 . Alcohol shall not be served in any disposable container
such as disposable plastic or paper cups.
23. No video or other amusement games shall be permitted on
the premises.
24.
Within thirty (30) days from date
approved) the applicant shall provide
statement of Official Action for this
local office of the state Alcoholic
department.
of approval (if
a copy of the
approval to the
Beverage Control
25. 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.
26. Applicant is on notice that all temporary signage is
subject to the restrictions of the City sign ordinance.
27. The City council is considering the adoption of a policy
or other regulation which will establish additional opera-
tional parameters for outdoor patios when alcoholic
beverages are served. If such policy or regulation is
made applicable to the subject site, i.e. food establish-
ments on the Santa Monica Pier, this permit shall be con-
sidered to be amended with the adoption of such policy or
regulation and shall incorporate such regulations.
VOTE
Ayes:
Nays:
Abstain:
Absent:
Abdo, Genser, Holbrook, Vazquez, Zane
Olsen
Katz
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 of civil Procedure Section
1094.6, which provision has been adopted by the City pursuant to
Municipal Code Section 1400.
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",
I hereby certify that this statement of Official Action accurate-
ly reflects the final determination of the Planninq Commission of
the city of Santa Monica.
signature
date
Clarice Dykhouse, city Clerk
Please Print Name and Title
I hereby aqree to the above conditions of approval and
acknowledge that failure to comply with such cond.itions shall
constitute grounds for potential revocation of the permit
approval.
Applicantls Signature
Print Name and Title
PC/st301
DKH:SMW
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