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SR-8-C (76) 0~ CITY PLANN~NG DIVISION Land Use and Transportation Management Department M E M O R A N D U M u~-~. ~~y 8, _99~ TO: iha Ho::orable P~annir.g Cammissian ~ ~OM: Plar:n~ng Staff S~B:~ECT: Conditiona~ ilse Permit 9~-007 Address: 1360 3rd Street Pro~enade Applicant: JWS Investrnent SL"MMARY Action: Application far a Conditiona~ Use Permit to allow the expansion of an existing restaurant/dance c~ub at 1360 3rd Street Promenade. The proposal maets all applicable development standards. • Recommendati.on: Denial without Prejudice Permit Streamlining Expiration Date: September 5, 1991 SIT£ LOCATION AND DESCRIPTZON The subject property is a 6,600 square foot parcel lacated on the northwest corner af Santa Monica Boulevard and Third Straet Prom- enade. Surrounding uses cons~st of a ane story retail building on ~.he adjacent lat to the ncrth {C3C), a two story retail office building across Santa Manica Saulavard to the south (C3C}, a four story mixed use buildinq across Third Street Pramenade to the east (C3C) and a twelve story office buildinq on the ad~acent lot to the west (C3C). Zoning District: C3C Land Use Distr~ct: Downtown Core Parcel Area: 60' X 11Q' = 6,E00 square feet PROJECT DESCRIPTION Proposed is a 2,604 square foot expansion o~ the existinq Golden Monkey Restaurant. The expanded area would be lccated in the basement of the bui~ding and would be used as a restaurant/ entertainment facility with a dance fZoor, stage, full service bar and seating for 134 people. The applicant has described the basement space enterta~nment facility as an alternative to exzst- ing types of entertainment faund on the Promenade. The space - 1 - ~~~-~~'~ ~ wou' d be kr.ow.^. as L;:e "T?~_r3 Street Co~Fee Cl~ab" and would affer w::aL t::e applicant descr~bes as a re? axed atmospl:ere w~th a var~ety of enter4a~nmen~ inc~ud~ng poetry readzngs, gamebaar~ tour:~a:r,en~s, alterr.at~ve ~us_c and sen~or ci:.~zen dance nights. ~:~e ~roposed facwii~y wou=3 featare several types o~ cof~aes, a _°11~ serv~ce i~ar ar.d a full menu. The apFl~cant's description of ~ze facilwty ~s ~ncluded as Attac'~ment A. ifi',"l;CT=A= C~~L h`+B G£Id~RAL FTi.AN ~^.~Nz'JR'`~.P.~1CE I'::e proposed nro~ec~ is cor.sistenL w;4'-~ the Municipal Co~e and in ^cnfarm~ty w~~h ~'~e uenera? Plan as shawn in Attachment A. C~QA STA~~S ;he projec~ is categorically exemp~. from the pravisions of CEQA, pursuant to Class 1(1) o~ the City of Santa Manica Guidelines for the Implemen4at~on of CEQA. FEES The 2,600 square foot pro~ect is subject to the Third Street Mall Annual Assessment fee of $.92 per square foot far a total of $2,392.00, and a parking levy of $1.50 per square foot for a to- tal af $3,9Q0.00. • The project is exempt from the Housing and Parks Pro~ect Mitiga- 4ion fee established by Ordinance No. 1367 (CCS), based on the fact that the project will not result in the new constructian of 15,0~0 net rentable square feet or the addition to an existing project of 10,0a0 net rentable square feet or more af office area. ANALYSIS Backgrcund In July of 1989, the Planning Cammissian approved Conditional Use Permit 89-035 to permit the operation of a 344 seat restaurant with an an-site general alcohol license and a dance floar with bath live entertainment and pr8-recorded music. The thres-level facility was approved w~th a 5,500 square faot ground floar, con- taining a dance floor and dining area, a 2,500 square foot mezza- nine with tables for full-service din~ng, and 2,400 aquare feet of basement space with public restrooma and storage areas. However, the original approval did not allaw for the use of the remaining 2,~00 square feet af basement spac~. In April of i991, the facility opened as "The Galden Monkey" with 94 seats an the neain level, a 5~ seat outdoor dining area and 6f: seats in the mezzanine for a total of 210 seats. Whila the num- ber of seats in the facility is currantly 134 seats less than that permitted by the Conditional Use Permit, due to the fact that the z,600 square foot partion oL the basement was not originally inciuded in the approved plans, tha app~icant needs - 2 - :~anr:i:~~ Co:r,~~ss~an apprcval ~o per:~it ~!:e ;:se of ~:e base:ne^t s~ace for the remaini::g 134 sea~s. ?ro;ect Cesign ~Y:e ~rcposed a~pl~ya~~cn would ~nvo;ve the expans~on of the ex- ist;ng Go~den Mankey Ciub and Cafe into a 2,600 square foat por- tian of ~:~e ~ase:~en~ area. The expanded area wquld be used as "':he ~h~rd 5treet Coffee Cl~sa" and wou13 feat;~re dor~estic a~d impor~ed cof~ess an3 cappucinos, a fuil service bar ar.d a f411 :~enu. Hours of operation wouid b~ from 6:00 P.M. to 1:30 A.M. -:igh~.ly. 'The entrance to the area would be through the existing restaurant. ~arkir.9 T:~e Zon~ng Ordir:ance park~ng requixements for the expar:ded area T.~ould be 52 spaces. However, t:~e es~ablishment is located in the ~owr.~own Parking Assessment District and is not required to prQ- vide parking. According to data collected by Kaku Associates for t2^~e downtown parking study, structure ~4, which is the structure located in the same block as the project, is aperating at a week- day peak af 69~ accupancy between 12 Noon and 1 P.M., resultinq in a surplus flf 213 spaces~ and a weekend peak of 75$ occupancy between 9 P.M. and 10 P.M., resulting in a surplus ag 172 parking spaces. The parking study a~sa concluded that while certain structures may be near capacity during peak periods, peak period utilization for the entire dfstrict, including all six struc- tures, is 63~, which results in a 37~ availabiiity rata and a surplus of 1,130 parking spaces. However, the data for the Kaku study was collected in August of 1990, before the opening of several establishments including The Golden Monkey, Legends and Laconda De~ Laqo, and may not fully reflect the current parking situation in the Dawntewn area. Praject Relation ta Downtewn Development Plans The project would be located in 2one 2 of the Third Street Mal1 Specific P1an. A Conditional Usa Permit is requirad to permit the expansion ef rest~turants w~th alcohol~c beveraqe sales and entertainment facilit~es. Th~rd Street Mall Specific Plan Policy 4.1.11 encourages uses which attract nighttime activity to the mall, su~h affi movie theatres, cultural performance hails, res- taurants, and entartainment facilities. While the existing Golden Monkey Restaurant and proposed expan- sian is consistent with the Zoning ordinance and the palicies set forth in the Third Street Mall Specitic Plan, there has besn con- cern expressed by the Planning Commission, Santa Monica Pvlice Department and others regarding the concentratfon of restaurants and alcohol outlets at the intersectian o~ santa Monica Boulevard and Third Street Promenada. Establishments in the immediate vicinity o~ the intersection include Teaser's, Kinq George Iv, Key West, ~'ony Roma's, The Imprav, Kaminari Sushi, Pescado's, Dee's Restaurant, Shekarchi Restaurant, Yankee Doodle's Hilla.ards - 3 - Clwb (npenir.g soon}, vc~delli's ~an3w~c~ Shop, the Mayfair ihe- atre ;presently closed) and ~~e recently appr~ved ;azz c~~b in tre basemer.t of the Bayside A~ts 3uilding. w'~~hi~ a 500' ra3~us a~ t~e site, the~e axe seven on-sale beer an~ w~ne l~ce:~ses ard eleve~ on-sale ge~e_al alcohol l~cer.ses. :~ese _r.cluce ~.":e fo~~ow~rg: =j~e-42 ;~r,-~a~e Beer an3 Gvir.e L~cense) Taka Sushi Gondelli's Sandwich S::op Fa:~a Nat's Restaurant Early World Restaurant Dee's Coffee Sh4p Kamznari sushi Type-47 {On-Sa~e General Alcohol License) Xankee Doodle Billiard Club Mayfair Theatre Shekarchi~s Restaurant King George IV Bayside Arts Building Jaz2 Club Key West Restaurant The Improv Tony Roma's Harvell's Kings Head Teaser's Restaurant According to the 1980 Census, there is a residential population of 5Z peaple within a 500' radius of the site. Conciusion The propa~ed ~xpansion of the existinq restaurant and entertain- ment facility complies with the provisions o~ the Zoning Or- dinance and tha Third Street Mall Specific Plan. However, based an the concentration of alcohol outlets and rapid increase in the level ef activity at thg intersection of Santa Monica Bou~evard and Third Streat Promenade, staff recommends that ~he request for expansion of the existing facility ba denied withcut prejud~.c~ at this time. The City Councii has diracted staff to initiate an update of the Third Street Mall Specific Plan in order to determine what types of establishments and level of activity are apprapriate for the area. If aFter the apening of previous7.y appraved estabZish- ments, such as Yankee Doodle's and the Bayside Art~ Buildinq Jazz Club, it can be determined that the subject intersection can ac- commodate an increase in activity level, the applicant may file anather application for Planning Commission consideration. Fur- thermore, the applicant would have an opportunity to demonstrate - 4 - ~~a ~ype of faczl~~y which is p~anned and to establish a track record with ~he~r ex~stin~ ~estaura~t and cisb. RFCO*~EN~AT~~V I~ ~s ~ecomme„de3 *_~at ~~e F~a^ni^g Co~~ission ~eny w~th~ut pre;- ~~~ce Cor.~iti~^al ~se Permit 91-007 with t:e falwcw~ng f=ndir.gs: Ar CO~OL C':'' ' ~?~ ~;hGS 1. ~:~e proposad use ar.d location r~ay not be in accordance wi*.:~ gaod zoning practice, ~n the publi.c interest, and necessa~y tY:at substantial ;ustice be done in that t:~e expansicn o~ the ex~sting establishment may result in an over concentration of activity at the sub~ect 14cation. 2. The proposed usa may not be compatibl.e with existing and potent~al uses within ~he general area; traffic ar parking congest~on may result; the public health, safety, and general welfare may not be protected; and harm to ad~acent proper~ies may result in that the intezsection af Santa Monica Boulevard and Third Stzeet Promenade curren~ly has thirteen alcohol outlets either operating or under construction and the concentration of these facilitzes may represent a potential far prablems associated with an over concentration of activity and alcoho2 autlats. 3. The welfare of neighbarhaod residents may be adversely affected in that the Third Street Mall Specific Plan area is intended to be a mixed use distr~ct and an over concentration af alcehol outlets and activity may detract fram the mixed use nature of the area. 4. The change in the ].icense may contribute to an undue concentration of alcohoZ autlets in the area in that the intersection of Santa Monica Boulevard and Third Street Promenade currently has thirteen establish~aents with a~cohoZ outlets either operat~ng or under construction. 5. There may be a detrimenta~ affect on nearby residentially zoned neighborhoods considering the distance of the alcahol outlet to residential build~ngs, churches, schoola, hospitals, playgrounds, parks, and other existing a~cohol outlets in that in the immed~ate vic~nity o~ the sub~ect location there are currently thirteen alcohol autlets e~.ther operating or under con~truction and in that any conditions for approval may not adequately minimize the potential affect on the nearby residential uses. Prepared by: flavid Martin, Associate Planner Attachments: A. Letter from App~icant B. Project Plans - 5 - ~ ' / r r ~ ~ ~ Ge ~ LP APPLICATION TO AHEND CUP 89-Q35 ~T~idS Invest~ent lDBA Golden Monkey) 1360 3rd Street Prom~nade Santa Monica. CA 90401 CURREI+IT BQSINESS APPROVAL _ V '__"?"~ ~~._._ _.~_. ~ _,_~ ~_ 1` ~~.,_~ ~;~ ~~r~~~ --_T?"~_- __. ~ 3' ~~ s ~_~-_?':~_ _--' ~c~~.~ ~?~~d:..~3"`j'l_ ^t'--_,. =~'__-°~ _~~ ~__~~~ "c :'? v~~.,.. ~~~ ..~_`_. _~e r~stw~.:r~r_t --- ~? v°_ -_ _~. ~-~ 7~ Y_ _~_ ~~~e~ ~, s 4 c°6~ ~'~~ ~--°--r1 .~-f ~..~ f ~• ~ .~n~~?~ ~ ~.:'J1 -`~1• ~~? ~.~w'~..~_L}Y _J ~J~~G~ ? _..~~-.~_ ~~ , .~i.. _ ~~_ ~~x~:r,~`e v~~u~0 ~~aara =~at c~ ~~? "~~-~- =1~~_ . ..~~~~G ~-a ;~~ ~~~} ~n +~~e~~~ezzan_ .e ~eya_, a~~ ~^o}'^:e~ ~~`'~ ~~ ~~,~ =3~,.i ~~~ _°_?~ ~~ sd~?'':lc':` J~Jd.^.~. ':'~a ~r~l:': :'i0.7r ,~'la ~:2ZZw.._';? 3r2 =`1_ 3~=°G=; ^'•? 3I:u llS3tiJi° ~V ~"`_? ~L'^L1C• .~? C~~~ICp•,~ C~?~° 15 ~^Z'~13'_i;% '.iS~J~2 _`Or 0=__.^_e s~ace, '__^~~t=a st~~3~,~. ~r.d ~u^_~c ~~thr~~c~s. ,here _s a ~or~;~~:~ .._ ~_~ ?~~?m~z* S~ac~ • a^pr~~~c=mat'' ~ 2~CC s~a3re ~e~}, ~'~3t _ s s~.~ti_ ~~?~ to be ~~~.~~~' up an~' not used 3t a' '_ ~: ~~:e to the __^~~_a~ ac~as_ _~~ .a~~'_~~~ ~a~~ons ~awnstairs; . REQQEST FOR CAANGE AND1012 KQDIFICATIDN TO CIIP 89-035 ~0 3-n~nd -.~~ ~urr?nt Con3_t_oaal Lse ?ermit to a'1ow the ~a~~ t=~r. ~~ t:~e '~'H=~~ S`~~~'~T COFFE~' C~LTB into this carrently a:~asa^_e 2E00 s~:~are °oo* ~asement Spaee area "'?:i~ re~uest stz~ns ~r•~~ t~:e a~c,t,on cf a 350,Q4Q 00 comcnercial elevator ~;~~~s.•~r an~ 's~Til~i~ms of ~os ?,n~e~es? i:~to th~ _`ormer bdrl~ _°aci'_~~y- for proper access to a~? patrons. The elevator xi~l s*op at ~a~h level o~ t=~e facility, allow~ng a1~ ~atrons acc~ss to ~3~ ?eveis. It will be a tremendaus additian ~o ar. alrea~?y ~utst3r.dzng fa~z~~ty. '"he ,~I?~D 5T~tEE~' COFFE£ CT•LB will have only I34 seats and feature weii over 50 varaetaes of domestic and imported ca°i225 and cappucznos (inc~u~ing decaf f~avors). It will a~so carry a full servzce bar, appeti2er menu, full m~nu an.~'. sev°ral varie*~es of f?avored mineral wateXS and non- a'_co:~ol~c bevera~es. It w~.~~ only be open after 6:Qfl PH r.i~~~~y ar.less otherwise booked for a s~ecial event. Tze '"HIR'? S~REE~ COFFEE CLUB will feature s2verai different va~ieties of entertainment ot~er than that wh~ch can already ce faund on the Promenade. 3t will fill several vacancies l~~* open ~y t~ie onslaught of restaurants, '~ars, comedy clsbs an~ ~aaz clubs. '~ost of all, it will be an alterna- ~ive to t~g existin~ entertain~nent available throughout t~:e ~ro^~ear.de a::c :r'est~~~?e. Golden Monkey tlub and C~fe ~ 3G0 T?~~rd Street Promenade 5anta MonEC~ CA 90401 •TEL 213 576-0553 • FAX 213 576-CUL43 p~CAG~M~ ~ ~ ~ . n ~v t ~c C.e ~ LP -_ ~ = ~ =-_ ~= - ~ _ --_-a_ ^~e:-:- _- --- `~_ _- ~.. - ? =_ _ `-__-- ~-_--- '--- - - --'--_ ~~~ ~3 _ _~.__-_ ., , ~-_ - ~_-~a~ ~- ;2~- -~~- ----~---- _~""•?~v~`"~ _~.._ _!"L?..4 - - ..-~~_ ~ ~_~ __ - ~~ =v_ _ -~=~ =__~'_ ~~ ~: .. "C°--^r_` ~_?~~v --~_ ~~ -_~-~'=~-.~ `i~s~~ 'iu~~;`=..~~ ~ ...~_-- - -~= - - `_ - :._ . ~i:.. "-~~ ~3I:~S/51n^~ ~_ ~n 1 _~i~F'~~ --` ~ - --~ =^'1.~.~i J;~1 .~ ~~-;":v ~ :r J'~"1_~~ ~,~ ~s.~r'- _ ~t`~ - _'~,~r.. r~~...~ ~F ul'1~ .+~"_~J „~7FL'^ ^nr` Z+` .-,J -,~ ' ~ ~ ..V L _ _ 5 ,.v' _ _~JY ~w~ 3 '°O~° ~°_3~{?..~ ~Il~ _~S~?_ ~t^lOaU~;~r~ _O'_' +',.7C? =~~{~~, .._ ~Y ~or~+v ~f ~^~ert~_:~*~?r.± :n~ ~ c'_a^e ~~ „a~~c. -- ~i=_ ^~ 3 ~3L__..~'_ ~~~ _ri~~ ~_~~" _•~C31 dr~1S~ Z~r-.:.73r~C:;~ .., i: ~_ _ ~_~^~d, - d10''y ev_~~'1 }''r~~l"Lt T+v3y'_S ~I"_u ~°a__T'i;~ ' w 1? .e -mc~~ei ~:^cer,r~~sn~ =oF_`ee ~~ous~/~~zz ~_~.:'cs ~~f t',~ ~~S} , ~'~e :'~I~~ S:"R_~T CC~~'~_ ~~~8 _s u~s~~ne~ tQ ~cm~__ ~e:.t *;~e exi=~,~:, ~..~L ;Fsses upst~irs i~2St31,1r3P.t a~~ ~i~'^t~luo' an~ ~~n -~~ ?~on2~a~e ~it~~ ar_ al~ernat~~Te c'-:oice t~ ~~:ke~ ~~;~a1=a::~s, ~a=s ~:~d come~~v *?~eatres. It ~s a much sma''er `a~ ~? i ~ Y~ t~nl: 1?4 sea ~s ; ~har. that o` ~'~e n2w;Y apYrov~d ~o::~~ ~n .;azz ~lub (390 seat ampit:~eatre) aad °~ili ~4arrY a cam~l2~e~~f a~f`erent far:~ of entertainment. ~* is aesigne~ :~o~~ `o= ~~-:co~~sercia~~ zed acts and s'~ows rather th3r. ' a~ge s4a~~ ^at~:nal ven~aes. It w~~l not inclu3e any bilI.~ar~s or v2^ui~_, ma~.^ines. ~'~:e :~odi_`ication of t:-:is Conditiar.a~ Gse Permit in a1low~rg thn "'nTRD ~","'~EET COF~'EE CLL~ to open will div~rsify tne use af this very ~ar~e piece of property. TYte bank facility is av~r --.500 squar2 feet...+~hic'~ includes three di`£eren~ ~eve_s °or al~ ~atrons to frequent. The restrooms and kitc~e~ areas have all been exganded to handle every as~ect of the btzsiness, as well as handicap~ed accor~iny to code. '"h~ r~~:siness location ~r~,Il be a~rime exam~le of obtaining alI t':ree levels of a typical ni~ht out: dining, ~ancin~, and specializec~ sit-down entertainmQnt. All in one f3C111~V ;~ere on the Prvmenade. It is this sort af diversity and u~ders*_anding oi specialized market enter~a~nment t,hat will make the prome~ade attract cZientele of all ages (ar:c~ nat ~ust t~:e youn~ peopZe) . Golden Monkey Ctub ind Cafe 136a Third Streec Pramenade Santa lvlanica CA 9Q401 •TEL 213 576-0553 • FAX 213 576-0443 n 1 PR~JECT STATEM~NT OF OFFICIAL ACTION NL'MBER: Conditianal Lse Permit 91-Od7 LOCATIoN: 1360 3rd Street Promenade APPLICANT: JWS Investment CASE PLANNER: David Martin, Assaciate Planner REQUEST: Application af a Conditi.onal Use Permit to allow the expansion of an existing restaurant/ dance club. PLANNING COMMISS~ON ACTI~N 05~08~91 Date. Approved based on the foliowing findings and subject to the conditions below. Denied. XX Denied for lack of four affirmative votes. EFFECTIVE DATE OF ACTION IF NOT APPEALED: 05r24f91 Case #CUP 91-007 NOTICE If this is a final decision not subject the City of Santa Monica Comprehensive dinance, the time w~thin which judicial must be saught is governed by Code of 1094.5, which provision has been adopted Municipal Code Section 1400. to further appeal under Land Use and Zoning Or- review of this decision Civil Procedure Section by the City pursuant to ~ hereby certi~y thmt this Statement af Oflicial Actian accurnte- ly retlects the final dstsrmination of the Planninq Commission af the City of santa lrionica. signature date - 1 - ~ ~ ~ Ralph Mechurr Cha~.rperson P~ease Print Name and Title 2 hereby aqree ta the above canditions acknowiedqe that failure to comply with such cons~itute graunds far patential ~AVOC3~lOI1 approvai. Applicant's Signature Print Nams and Title PC/STOA9107 DM af approval and conditions shall af the permit _ 2 _ 0 , STATEAfENT ~F dFF`ICIAL ACTION PROJEC'I' NL"MBER: CUP 89-035 L•OCATION: 1360 Third Street Promenade APPLICANT: Paradise A~ley Management Corporation REQUEST: TO allow a 3~4 seat restaurant with an on-site general spirits license, dance floor, and both live entertainment and pre-recorded music. PI~,Ni3ING 40i~II~1iSSI0Iv' ACTION 7--5-89 Date. X Apgraved project based on the fallowing findings and subject to the conditions below. Denied. ~tYrer. CONDITIONAL USE PERMIT FINDINGS l. The proposed use is one conditionaliy permitted within the subject district and camplies with all of the applicable pravisions of the "City of Santa Monica Comprehensive Land Use and Zoning Ordinance", in that the sale of alcohal and the inc~usion of dancing and entertainment in a restaurant in the C3-C District are conditionally permitted and that the entertainment use will increase nighttime activity in the area as encouraged in the Third Street Mal~ Specific Plan. 2. The proposed use would not impair the integrity and character af the district in which it is ta be established or located, in that the Third Street Mall Specific Plan encourages uses such as restaurants, dancing and live entertainment. 3. The subject parcel is physicaZly suitab~e far the type of land use being propased, in that the restaurant wiil oc- cupy an existing building and wiil not require expanision of the structure, - 1 - ~~~~~ 1 ~ ~ ~ 4. The proposed use is campatible wit;~ any af the ? and uses present~y Qn the sub~ ect parcel if the present iand uses are to re:nain, in that the existing building is currently vacant and the new use is one which is campatible with the goals and ob~ectzves of the Third Street Mall Specific Plan. 3. The proposed use would be compatibZe with existing and permissible land uses within the district and the general area in which the proposed use is to be lacated, in that a numl~er of entertainment and restaurant uses currently ex- ist and are proposed for the area and that this proposed restaurnat will contribute to the on-going revitalization of the area. 6. There are adequate provisions for water, sanitation, and pu~~ic utilities and sarvices to ensure that the proposed use would not be detrimenta~ to public heal~h and safety, in tha~. tha site is lacated in an urban area where access to all public utilities is available. 7. Public access to the proposed use will be adequate, in that parking for the project will be provided in the near- by public parking structures. 8. The physi~al ~ocation ar placement of the use on the site is compatible with and relates harmaniausly to the sur- rounding neighborhood, in that the faci~ity will be locat- ing in an existing building. 9. The prapased use is consistent with the gaals, objectives, and policies of the General Plan, in that the Zoning Or- dinance, General Plan, and Third Street Mall Specific P1an a~l encourage tha lacatinn of uses that promote nighttime activity in the downtown area. 10. The proposed use would not be detrimental to the public interest, health, safety, convenience, or general welfare, in that the potential conflict between residents and patrons of the progosed estab~ishment would be minimal due ta the praject's location in the downtown area where there are few residential uses. Z1. The propQSed use will not result in an overconcentration of such uses in the immediate vicinity, in that the Third Street Promenade is proposed to be the majar concentratian of restaurant and entertainment uses, and the subject pr4- posal will contribute to this development. ALCQHOL OUTLET FINDINGB 12. The prQposad use and location are in accordance with good zaning practice, in the public interest, and necessary that substantial justice be dane in that the use is one _ Z _ which is conditional~y perr.iitted in the C3-C district, and is er.couraged by the Third Street Mall Specific Plan. 13. T~e propased use is compatible with existing and potent~al uses within the general area; tyaffic or parking congastians will not result; ~he public health, safety, and general welfare are protected; and no harm to adjacent properties will result in that the redevelopment af the Third Street Promenade was anticipatad when the Spacific Plan was adopted, and the City is making improvements to the street system and parking facilities ta accommodate this redevelopment. 14. The welfare of naighborhood residents will not ba adverse~y aftected in that the propased use is located away from major residential areas. 15. T~e granting of the license wiil nat contribute to an undue concentration af alcohal outlets in the area in ~hat the majority of such uses in the area ara in conjunction with restaurants which are encouraged by the Third Street Mall Specific Plan to create nighttime use of the area. ~6. There wil7. be no detrimental affect on nearby residentially zoned neighborhoods considering the distance of the aZcohol autlet to residential b~ildings, churches, schools, haspitaZs, playgrounds, parks, and other existing alcohol outlets in that the project is located away from these sensitive receptors and in that the conditions for approval will minimize the potential affect on the adjacent residential uses. CONDITIONS Plans 1. This approval is for those p~ans dated 5/l0/89 a copy of which shall be maintained in the files of the City Plan- ning Division. Project develapment shall be cansistent with such plans, except as atherwise specified in these conditfans of approval. 2. The Plans shail camply with all other provisions of Chap- ter 1, Article IX of the Municipal Code, (Zoning Or- dinancey and all ather pertinent ordinances and General Plan policies of the City of Santa Monica. 3. Minor amendments to the plans shal~ be subject to approval by the Director of Planning. A significant change in the approved concept shall be sub~ect to Planning Commissian Review. Construction shall be in canformance with the plans submitted or as modified by the P}.anning Commission, Architectural Re~iew Board or Director of Planning. 4. Plans for final design a~d signage shall be subject ~o review and approval by the Architectural Revi.ew Board. - 3 - Fees ~. Ihe Ci~y is contemplating the adoption of a Transportatian Management Plan which is intend~d to mitigate traf~ic and air quality impacts resulting from both new and existing development. The Plan will likely include an ordinance establ~shing mitigat~on requirements, including one-time payment of fees on certain types of new development, and annua2 fees to be paid by certain types of emplayers in the City. This ordinance may require that the owner aP the proposed pxoject pay such new develapment fees, and that e~ployers within the proj~ct pay such new annual em- ployer fees related to the City's Transportation Manage- ment Plan. Environmental Mitigation 5. Ultra-~aw flo~ plumbing fixtures are req~ired on aIl new deve~apment and remodeling where plumbing is to be added. (Maximum 1.6 gallon tai~ets and 1.0 gallon urinals and low flow shower head.) Miscel~aneous Condition 7. The aperation shall at all times be canducted in a manner not detrimental to surrounding properties or residents by reason of lights, noise, activities, parking or other actions. Validity af Permits 8. I~ the event permittee violatas ar fa~ls to comply with any canditions af approval of this permit, no further per- mits, l~cens~s, approvals or certificates of occupaney shall be issued until such violation has been fully remedied. 9. Wfthin ten days of Planning Di~ision transmittal of the Statement of Official Action, project applicant shall sign and return a copy of tha Statement of Official Action prepared by the Planning Division, agreeing to th~ Condi- tions vf approval a~d acknowledging that fai~ure to comply with such conditions shall constitute grounds for poten- tial revccatian of the permit approval. By signing same, applicant shal~ not thereby waive any Iegal rights appli- cant may passess regarding said conditions. The signed Statement sha11 be returned to the Planning Division. Failure to comply with this condition shail canstitute grounds for potentia~ permit revocation. 10. This determination sha11 nat become effective far a period of f~urteen days fro~ the date of determination or, if appealed, until a final determination is made on the ap- peal. Any appea~ must be made in the form required by the Zoning Administrator. - 4 - ALCOHOL OL'mLET CONDiTIONS il. The owner shall contral noisy patrons leaving the ~estaurant. ~2. The primary use af t~e premises shall be for sit-dawn meal service to patrons. 13. The premises shall maintain a kitchen ar food-serving area in which a variety af faod is prepared and caoked on the premises. 14. The premises shall serve foad to patrons during all hours the e~tablishment is open far cu~tomers. 15. 5eating arrangements for sit-down patrans shall not exceed ~44 seats. 15. Take aut faad service shali be only incidental to the primary use. 17. No alcoholic beverage shall be sold for consumgtion beyond the premises. ~8. M~nar amendments ta the p~ans sha11 be subject t4 approval by the Director of Planning. An increase of more than I0~ of the square foatage or a significant change in the approved concept shall be subject to Planning Cammission Review. Construction shall be in substantial confarmance with the plans submitted or as modified by the Planning Commission, Archi~ectural Review Board, or Director of Plannzng. 19. The applicant shall comp~y with all ~egal requirements regarding provisions for the disabled, including thos~ set farth in the California Administrative Code, Title 24, Part 2. 20. The operatian sha11 at all times be canducted in a manner not detrimental to surraunding properties ar residents by reason of lights, noise, aetivitiss, parking, or other actions. SPECIAL CONDITIONS 1. Access to the restaurant from the adjacent office building shall be available during all hours of ~he restaurant's operation to ensure handic~pped accessiblity t~ the restaurant's mezzanine level. 2. The restaurant shall comply with the regulation set forth in the City' Naise Ordinance and not exceed a level af 6~ dBA between the hours of 10 p.m. to 7 a,m. and a Zevel of 65 d$A between the hours of 7 a.m. to 10 p.m. - 5 - 3. The Architectural Review Board shaZl carefully review the plans for naw signage and any proposed ~xterior building modifications to ensure an adequate design quality. VOTE Ayes: Hacht, Kaufman, Lambert, Mechur, Pyne, Nelson Nays: None Abstain: None Absent: Farivar NOTICE If this is a final decision nQt subject ta further appeal under the City af 5anta Manica Comprehensive Land Use and Zaning Or- dinance, the time within which judicial review of this decision must be sought is governed by Cade o~ Civi~ Procedure Section 1094.5, which provision has been adapted by the City pursuant ta Municipal Cade Section 1400. 3 hereby certify that this Statement of Otficial Action accurate- iy reflects the final determination of the Planninq Commission of the city of Santa Monica. ' ~ ~~~` _1-l+~ ~ ~ ~ r Y~~! /' ~ -~-~1 -r ~~ / ,~~ f-~-~c"~r rf= " ~ . `- signature f - dat~"~ ~ , .. ~~ c ~~ /~ •~ ..-r ~s, c- ''= . ~ ,`_- ..-- print name and title ` I hereby aqrea to the above canditions af approval and acknowledqe thnt fmilure to comply ~rith such conditions shall constitute qrouads tar potential revocatian ot the permit approval. ~ C'`~V~ ~~ ~ _~- - ~-! ~.., ~ ~~, - ~ Applican~'s Signature /-,~'v ~ - _ , . - ` . ' /-' ` ~~ y"' ~ ~~ Print Name~and Title - 6 - PC/ST89~3~ AS : ::Y'~ ~7/12/89 - 7 - rn