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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 ~- 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 ~ - 1 - Q ~~ ~ T$9~ 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. _ 2 ~ 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 - 3 -- 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 - 4 - 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~ - 5 - 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 - 6 - 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 - 7 - ~ C~tv of ~ S anta IVlonica Commun~#y and Exnom~c Deveiopment Departmerrt Planning and ZoNr~ Divblon ;213)#58-8341 ARPEAL FORM ~ ~ _~ , J~~ ~ -~ ~ .l ; ,r. FEE. 5100.04 Da~e Frled +~11~-~K ~~ ~~~t° l Rec~rved by sr.c _ _ _ ReaB~pt No t= , ~ ;l ~~ ~L !~ame `1w`' 1 P1~'CS~~~A~.~ r ~~ ~ Q ~s aZ }r~~. C~~.r~~ti ~-tau ~-~t ~Cu t'~ Address I ~ ~c 3 n- ~~ `~~, ~r ~~ o~,L~~; r-~~~ ~~rv t~. ~,:~e.1 ~c~. C ~a ~ c ~c. [ Gontaci Person P~ r~,~ (. ~~? ~~ c,~ c n Pl~ang ~ r~s - s~ rv ~- ~~`S 3 Please desr.r~be the prv~ed ar~d dea~on b be appeaied 2~ ~~u ct v~t ~ N r~ r-:r~ ~ ~ vs t u~~ f` 4'~ P•'l-'~~j4:.~r[N~ Z`a f~UD f~ 5~A-~6N~ Pd~ ~ G~~~~.~ C_Cl1« i~r ~~'~ ~/-~~~~~(.F~' ~'~/-~N ~ti~ t~~f e~ ~ C-G/uc~.iLSSi.ri~: D~ticL/) ~~.~;5 S~A~~n~c. 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GV E (,1,~ ~l,.~ D~1L; G~ f%dU (i~i' ~ S~(if+.G~ ~i` f~ ~~~ ~'~~,1 h! t1~6~ ~ Z`f t~ G~ ~~~ ~r~n~v~-r~ ~~,~ ~~ ~s l~~c ~~ ~ Cao~~s~ n~~ ~~~ ~~~~,e U/~{ ~~ NGr~ru!-~ ~~%/'! ~`-rDf~ S . 4,~- ~~ /~ spac. ~s r~ea~ad. us. aadc ot torn,. ~~~ -`~ S~' ~ /Y!X .'L.~ L/s~S ~G..G~~n~/ ~~ ~ f I v 1 ~ ~ ~~ ~` ~ IY J ~~ ~-ftP~~~ I'~ ~ i r 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 Di~W : bz ~- ~ ~ [~Q~ ~~- ~~ ~~.u~.t s~~ ~~~ ~~ ~ti t~: E, ~ b~ ~ {~~ ~-C.~ C~~-~,'~ `sz~~ ~~ ~~. ~ ~s`~ ~-~ , s~~ c ~ ~ r%' ~ ~~~e.~~ ~t~.U~ Cr~~P~ ~OC~~U S~~ ~~~ s , -~~-~-~^~=~~~ , ~~ Ctu ~~~r~~ ~~ ~~pr~c: ~ ~~~ ~s ~ ~~ ;-~J~ J ~