SR-7-C (7)LUTM:PB:DKG~:DM:PC/CC91007.pcword.plan
Council Mtg: September 24, 1991
TO: Mayor and City Council
~'ROM: City Statf
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ocT ~. rs~r
Santa Monica, Californi~
SUBJECT: Appeal of a P~anning Commissian Denial of a Conditional
Use Permit to Al.low the Expansian of an Existing
Restaurant/Dance Club at 1360 3rd Street Promenade.
YNTRODUCTION
This report recommends that the Ci~y Cauncil deny the appeal and
uphold the Planning Commission's denial of CUP 91--aa~. At the
P~anning Commission meeting o~ May 8, Z991, th~ Commission vot~d
on three separate motions {one to continue the item, one to
conditionally apprave the project and vne ta deny the project}
but was unable to get four a~firmative votas far any of the three
motions. Therefore, the project was technically denied. The
Planning staff reeammended denial of the Conditional Use Permi~t.
Th~ applicant has filed an appeal of the Planning Commission
action.
BACKGROUND
In July of 1989, the Planning Commission approved Cand~tional IIse
Permit 89-035 to permit the aperation of a 344 5eat restaurant
~rith an on-site general alcohol license and a dance f~.oor with
both live entertainment and pre-recorded music. The three-level
facility was appra~ed with a 5,500 square foot ground floor,
containing a dance floor and dining area. a 2,500 square foot
mezzanine wi.th tables for fu11-s~rvice dining, and 2,400 square
~
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teet of basement space with public restrooms and storage areas.
However, the original approval did not allow for the use a~ the
remaining 2,600 square feet of basement space. Tn Felaruary of
1991, the applicant appliad for a Canda.tional Use Permi~ to allow
for tha use of the remaining 2,600 square feet of basement space
as "The Third Street Coffee Club" . The basament portion of the
facility would have 134 seats.
zn April of 1991, the existing facility opened as "The Golden
Monkey" with 94 seats an tha main leveZ, a 50 seat outdoor dining
area and 66 seats in the mezzanine for a total of 210 seats.
T~Thile the number of seats in the facility is Currently 134 seats
less than that permi~~ed by the original Conditional Use Permit,
du~ to the fact that the 2,600 square foot portion of the base--
~ent was not originally inc~uded in the approved plans, the ap-
plicant needs approval to permit the use of the basement space
for the remaining 134 seats.
In A~ay af 1991, the application for the basamant expansion was
reviewed by the Planning Commi.ssion. During the Planning Commis-
sion discussion, two of the six Commissioners p~esent expressed
concern regarding the level of existing activity in the vicinity
af the praject and stated that they could not suppor~ the expan-
sion of any existing alcohol outlets in the area. A motion to
deny the pro7ect ~ai7.ed far a lack of four votes (a vote of three
ta three}. Three of the Commissianers expressed a willingness to
support the project with specific conditions which wou].d limit
the use af the basement area and prohibit the serving of alcohol.
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A matian ta approve the project with the conditions that the to-
tal seating of ~he entire facility be li~ited to 343 with 210
persons allowed in the upper levels and 49 persons allowed in the
basement, the downstairs dance f~oor be limited to 250 square
feet and ~hat no aZcoho~ be a~Ia~ed in the basement fa3led far a
lack of four votes (a vote af three to three). One Comm~ssioner
requested that the item be contzn~ed in order allow the app~icant
ta reconsider their use of the basement area in terms of acti~ity
and alcohol service. A motion to continue the project failed for
a lack of four votes (a vota of three to three).
ANALYSIS
Proj ect Design
The proposed application wouid involve the expansion of the ex-
isting Galden Monkey Club and Cafe in~o a 2,600 square foot por-
tion of the basement area. The expanded area wou}.d be used as
"The Third Street CoFfee Club" and would feature domestic and
imported coffees and cappucinas, a full service bar and a full
~enu. Hours of operatian would be from 6:00 P.M. to 1:3Q A.M.
nightly. The entrance ta the area would be through the exis~ing
restaurant.
Parking
The thearetical Zoning Ordinance parking requirements for the
expanded area wou].d be 52 spaces. However, the establishment is
located in the Downtown Parking Assessment ~is~rict and is not
required to pro~ide parking. According to data collected by Kaku
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Associates for the downtown parking study, structure ~4, which is
the structure located in the same block a~ the project, is
operating at a weekday peak of 69~ accupancy between 12 Noon and
1 P.M., resulting in 213 available spaces, and a weekend peak of
75~ occupancy between 9 P.M. and 1Q P.M., res~Iting in Ia2 avail-
able parking spaces. The parking s~udy alsa concluded that while
certain structures may be near capacity during peak periods, peak
period utilization for the entire district, including all six
structures, is b3~, which results in a 37~ availability (1,130
parking spaces}. Hawever, the data for the Kaku study was col-
lected in August of 1990, before the apening of se~eral es-
tablzshments including The Goiden Monkey, Legends and Lacondo Del
Lago~ and may not fully reflect the current parking situation in
the Downtown area. Furthermora, the study did not include other
available parking in the district (autside of the parking struc-
tures) and the planned addition ta struc~ure ~6.
Pra~ect Relation to Downtawn Development Plans
The project would be l~cated in Zona 2 of the Third Street Mall
Specif~c Plan. A Conditional Usa Permit is requir~d to permit
the expansion of restaurants w~th a~coha~ic beverage sales and
entertainmant facilities. Third Street Mall Specific Plan Policy
4.Z.11 encourages usas wh~ch a~tract nighttime activity to the
mall, such as mouie th~atres, cultural pErforinance halls, res-
taurants, and entertainment facilities.
tidhile the exist~ng Golden Monkey Restaurant and praposed expan-
sion is consistent with the Zoning Ordinanc~ and the policies set
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farth in the Third Street r4a11 Specific Plan, there has been can-
cern expressed by the Planning Cammission, Santa Monica Polica
Department and others regarding the concentration of restaurants
and alcohol outlets at the intersection af Santa Monica Bou~evard
and Third Street Promenade. Establishments in the immediate
vicinity af the intersection include Teaser's, King George IV,
Key West, Tony Rama's, The Ymprov, Kaminari Sushi, Pescado's,
Dee's Restaurant, Sh~karchi Restaurant, Yankee Daadle's Billiards
Club, Gondelli's Sandwich Shop, the Mayfair Theatre (present~y
clased} and the recently approved jaaz club in the basement of
the Bayside Arts Building.
within a 500' radius af the site, there are seven on-sale beer
and wine Iicenses and eleven an-sale general alcohol licenses.
These include the ~ollowing:
Type-42 (~n-Sale Be~r and Wine License}
Taka Sushi
Gonde~li's Sandwich Shop
Fama
Nat's Restaurant
Early World Restaurant
Dee's Coffee Shop
Kaminari Sushi
Typa-47 (On-Sale General Alcahol License)
Yankee Doodle Billiard Club
Maytair Theatr~
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Shekarchi's Restaurant
King George iV
Bayside Arts Building Jazz Club
Key West Restaurant
The ~mprov
Tony Roma's
HarvQll's
Kings Head
Teaser's Rest~.urant
Accarding to the 1980 Census, there is a residential population
of ~2 peaple within a~00' radius af the site.
Conc~usion
The praposed expansion of the existing restaurant and entertain-
ment facility complies with the provisions of the Zoning Or-
dinance and the Third Street Mall Specific Plan. However, based
an the concentration af alcohol outlets and rapid increase in the
level of activity at the intersection of Santa Monica Boulevard
and Third Street Promenade, staff recommends that the request for
expansion af the existing facility be denied without prejudice at
this time.
The City Council has directed staff to initiate an update of the
Third Street Ma11 Specific Plan in ~rder to determine what types
of establishments and le~el of activity are appropriate for the
area. If it can be de~ermined that the subject intersection can
accommadate an increase in activity level~ the applicant may wish
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ta file another applicatian for Planning Commission cons~der-
ation. If the City Council is inclined to support the appli-
cant's request, it shauld consider a condition tha~ would pro-
hibit the sa~e of alcahol in the basem~nt area and limit the num-
ber of seats in the basament to 49. The Co~ncil should also in-
clude the conditions of approval that have recently been used by
the Planning Comrnission for approva~ of alcoho~ outlets.
BUDG~Tf FINANCIAL ~MPACT
The recommendation presented in this report does nat have any
budget or fiscal impact.
RECOMMENDATION
It is respectfully recommended that the Council deny the appeal
and uphold the P~anning Commission technical denial of
Conditional Use Permit 91-007 subject t~ the findings contained
in the Pl~nning Commission staff report dated May 8, 1991
(Attaehment B).
PrEpared by: D. Kenyon Webster. Principal Planner
David Martin, Acting Senior Planner
Planning Division
Land Use and Transpartation Management Department
Attachm~nts: A. Appeal form dated May 16, 1991
B. Planning Commission Staff Repart dat~d May S,
1991
C. Planning Comm~ssian Statement of 4fficial Action
ddted May 8, 1991
D. Planning Commissian Statement o~ Official Action
dated July 5, 1989
E. Project Plans
DM
PCfCC91da7
09/17/91
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C~tv of
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Commun~#y and Exnom~c Deveiopment Departmerrt
Planning and ZoNr~ Divblon
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List of Anneal Deadl~nes*
variance decisians: ~~4 days (5~iC 5ection 9~13.8)
Home Occupation decisions: 14 days (SMMC Section 9110.6)
Te~uporary Use Perm~t decisions involving projects havinq span of
45 days or more: 7 days (S1~KC Sectian 9111.7)
Perfor~ance Standards Permit dec~.si.flns: I4 days (SMMC Section
9112.6)
Reduced Parking Permit decisians: 14 days (S1~C Section 9133.7}
Administrative Approva~s {revocation theraaf on~y); 7 days (SMMC
Section 9~34.5)
Ocean Park Yard Reduction Permits: 14 days (SI~+IC Section 9151.7)
Arch~tectural R~view Board deeisions: lo days ~S~C Section
95Z4)
Landmarks CammlSSlOri decisions: 10 days (S1~C Section 9613)
Canditianal Use Permit decisions: I4 flays (S~C Section 9114.8j
Development Review P~rmit decisions: 14 days (Secti.on 9I15,7)
Tentative Map decisions: 10 days (SI~II~C Section 9366)
*Appea~ periods beqin on next business day following the
decision. Appeal periods ending on weekends ar holidays are
extended to the next business day. Appea~.s must be filed on
fozms availabie from Planning and Zoning off~ce and be
accompanied by appropriate fi.ling fee. See Santa Monica
Municipal Code for more information.
k/appeal
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