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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 - 1 - 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 - 2 - 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. - 3 - 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. - 4 - 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 - 5 - 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. - 6 - , . 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 - 7 - 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. - 8 - ", 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 - 9 -