SR-9-C (22)
~ .. . 9--~
MJF) ., ,
f\ ~ Li; , .xl.
LUTM:PB:DKW;DM:/CCTA9109.pcword.plan Santa Monica, California
Council Mtg; March 24, 1992
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Recommendation to Direct the city Attorney to Prepare
An Ordinance Deleting Section 9049.4 of Subchapter 5J
of the Zoning Ordinance (Section 9049.4 Provides an
Exemption For Bona Fide Restaurants of 49 Seats Or Less
From the Requirement For A conditional Use Permit To
Sell Alcoholic Beverages) . Consideration May Also Be
Given to Creation of Alternative Methods of Regulating
Small, Bona Fide Restaurants.
INTRODUCTION
This report recommends that the city council consider the
Planning Commissions recommendation to delete section 9049.4 of
Subchapter 5J of the Zoning Ordinance, and therefore eliminate
the exemption from Conditional Use Permit provisions for
specified classes of alcohol outlets. Although the commission's
consideration of the comprehensive alcohol-related amendments is
still pending, the Commission is recommending that the change to
the exemption process be implemented in advance of the
comprehensive amendments.
BACKGROUND
On November 6, 1991, the Planning Commission approved a
Resolution of Intention (Attachment A) , which declared the
Commission's intention to consider a recommendation that the City
Council delete Section 9049.4 of Subchapter 5J of the Zoning
Ordinance. Deletion of the exemption provision would require
- 1. - 9-(!
~AR " . ".,~
J "h- _ ~ ;:}:~_
. . ,
that all new restaurants proposing to sell alcoholic beverages
obtain a Conditional Use Permit. On January 22, 1992, the
Planning Commission voted to recommend approval of the proposed
Text Amendment to the City Council by a vote of five to two.
staff had recommended deletion of the CUP Exemption, but had
suggested utilization of a zoning Administrator Use Permit for
small, bona fide restaurants with less then 50 seats.
ANALYSIS
section 9049.2 of the zoning Ordinance states that a Conditional
Use Permit is required in order for any new business to obtain an
alcohol license for on-site or off-site sales of alcohol. Sec-
tion 9049.4 of the Zoning Ordinance gives the Zoning Administra-
tor the authority to grant an Exemption from the requirements for
a Conditional Use Permit for restaurants or "bona fide" public
eating places which meet certain criteria. Among these criteria
are the requirements that the establishment be a sit-down res-
taurant with no bar area, no off-site sales, no dancing or enter-
tainment and no more than 50 seats.
In the past two years, approximately 20 Alcohol Exemptions have
been applied for and approved by the Zoning Administrator. The
approval of these applications has been considered a II non-
discretionaryll action, based on the applicant's compl iance with
the criteria for approval. Recently however, the City Attorney
indicated that there is greater discretion to deny Exemptions,
but that given the lack of clarity in the Exemption section, de-
nial of projects meeting the exemption criteria may, in some
- 2 -
. _ c
cases, be problematic. Due to the number of alcohol outlets in
the City, the Planning Commission has raised the issue of the
appropriateness of the Exemption process for alcohol outlets.
On March 4, 1992, the Planning commission considered an appeal
filed by commissioner Jennifer Polhemus regarding the Zoning Ad-
ministrators issuance of an Alcohol Exemption for Earthbeat Bis-
tro, a 50 seat restaurant proposed at 1232 Third street Prome-
nade. The commission denied the appeal and upheld the Exemption
by a vote of five to onel with one abstention. In approving the
Exemption, the Commission added several conditions of approval
from the standard list of conditions used for alcohol related
Conditional Use Permits. The City Attorney I s office has indi-
cated that the Zoning Administrator, or Planning Commission on
appeal I may add conditions of approval to Alcohol Exemptions.
Previously, the Commission upheld the approval of an Alcohol Ex-
emption for the "Cock and Bull" on Lincoln Boulevard I and denied
an Alcohol Exemption for the lunch counter at Newberry's on wil-
shire Boulevard.
Deletion of the Alcohol Exemption would result in the requirement
that all new alcohol outlets, regardless of size or mode of oper-
ation, require approval of a Conditional Use Permit by the Plan-
ning Commission, or City Council on appeal. In approving the
Conditional Use Permit, the Planning commission must make the
standard alcohol findings (Attachment B), and may impose condi-
tions on the operation of the establishment. The elimination of
the exemption would give the Planning Commission control over the
- 3 -
~
issuance of alcohol license for all outlets, including small res-
taurants. In doing so, this would also increase the number of
Conditional Use Permit applications on the Planning Commission
case load.
One of the concerns regarding the use of the alcohol exemption
appears to be the fact that the approval of the exemption is sub-
stantially non-discretionary if the establishment meets the
criteria cited in section 9049.4 (Attachment C). As an alterna-
tive to the existing exemption process, staff had recommended
that the Planning commission consider the use of a Zoning Ad-
ministrator Use Permit process for small bona fide restaurants
with less than 50 seats. This type of permit would be subject to
a Zoning Administrator hearing (including a public notice and
mailing) I and would require that the Zoning Administrator make
findings for the issuance of the Use Permit. The findings would
include the following:
(a) The proposed use will not adversely affect the welfare
of neighborhood residents in a significant manner.
(b) The proposed use will not contribute to an undue con-
centration of alcohol outlets in the area.
(c) The proposed use will not detrimentally affect nearby
neighborhoods considering the distance of the alcohol out-
let to residential buildings, churches, schools, hospi-
tals, playgrounds, parks, and other existing alcohol
outlets.
- 4 -
- .
(d) The proposed use is compatible with existing and po-
tential uses within the general area.
(e) Traffic and parking congestion will not result.
( f) The public health, safety, and general welfare are
protected.
(g) No harm to adjacent properties will result.
(h) The objectives of the General Plan are secured.
In addition to making findings for the approval, the Zoning Ad-
ministrator could impose conditions on the operation of the al-
cohol outlet. The conditions could include the standard list of
alcohol conditions used by the Planning Commission for Condition-
al Use Permits (Attachment D) , as well as any other conditions
determined by the Zoning Administrator to be appropriate. The
Zoning Administrator action would be appealable to the Planning
commission.
The use of the Zoning Administrator Use Permit would accomplish
the goal of requiring findings for all alcohol outlets and would
also allow the imposition of specific conditions to address indi-
vidual situations. At the same time, it would maintain the
ability for small restaurants to be approved without having to go
through the conditional Use Permit process, likely with a savings
in both time and money as compared to the Conditional Use Permit
process.
- 5 -
. .
In discussing the proposed Text Amendment, the Planning commis-
sion considered the idea of utilizing the zoning Administrator
Use Permit process for restaurants currently eligible for the CUP
exemption. While some of the Commissioners expressed support for
the idea of having a Use Permit process as opposed to requiring a
CUP for all alcohol outlets, the five Commissioners who voted to
delete the exemption felt that until a Use Permit process could
be established, in order to ensure that all new alcohol outlets
are subject to a discretionary review, the exemption process
should be eliminated. The two commissioners who voted against
the proposed Text Amendment felt that there should be an alterna-
tive to the CUP process and that the issue should be considered
in the context of the overall Alcohol POlicy. The Planning Com-
mission consideration of the Alcohol policy is scheduled for
March 251 1992.
Conclusion
The Planning Commission has expressed a concern regarding the
non-discretionary approval of alcohol outlets for small res-
taurants and has voted to eliminate the Exemption process.
Elimination of the Exemption would result in all applications for
alcohol licenses having to be reviewed by the Planning Commis-
sion, further crowding Commission and potentially Council agen-
das. The elimination of the Exemption would lump all alcohol
outlets into one category. The original intent of the Exemption
was to make the distinction between small, bona fide restaurants
and other outlets such as bars and nightclubs. This distinction
- 6 -
would be lost with the elimination of the Exemption. Establish-
ment of a Zoning Administrator Use Permit would eliminate the
"non-discretionaryU approval of such permits, but would still
allow an alternative to the Conditional Use Permit process for
small, "bona fide" restaurants.
BUDGET/FINANCIAL IMPACT
The recommendation presented in this report does not have any
budget or fiscal impact.
RECOMMENDATION
It is respectfully recommended that the council review the
Planning commission recommendation and consider the following
options: 1) Elimination of the CUP Exemption process requiring
that all new restaurants proposing to sell alcoholic beverages be
subj ect to a Conditional Use Permit: or, 2) Elimination of the
CUP Exemption process and establishment of a Use Permit process
to allow Zoning Administrator approval of alcohol sales for
small, bona fide restaurants (this option would require that
staff return to the Commission with the format and language for
the Use Permit process) . staff recommends Option 2. If the
Council wishes to adopt the Commission's recommendation, the
following findings are recommended:
FINDINGS
l. The proposed amendment is consistent in principle with the
goals, objectives, policies, land uses, and programs
specified in the adopted General Plan in that the proposed
approval process for alcohol outlets would ensure that
such uses would not have an adverse impact on the
surrounding community.
- 7 -
2. The public health, safety, and general welfare requires
the adoption of the proposed amendment in that it would
ensure that alcohol outlets are reviewed with an adequate
level of discretion.
Prepared by: D. Kenyon Webster, Planning Manager
David Martin, Associate Planner
Planning Division
Land Use and Transportation Management Department
Attachments: A. Planning commission Resolution
B. Alcohol outlet Findings
C. Code section 9049.4
D. Alcohol Outlet Conditions of Approval
.oM
PC/CCTA9109
03/18/92
- 8 -
e e
ATTACHMENT A
RESOLUTION NO.
(Planning Commission Series)
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA MONICA
DECLARING ITS INTENTION TO RECOMMEND AMENDMENT
OF THE CITY OF SANTA MONICA
COMPREHENSIVE LAND USE AND ZONING ORDINANCE
THE PLANNING COMMISSION OF THE CITY OF SANTA MONICA DOES RESOLVE
AS FOLLOWS:
SECTION 1. Pursuant to the Santa Monica Municipal Code Section
9120.2, the Planning commission does hereby announce its
intention to recommend that the city Council delete the city of
Santa Monica Comprehensive Land Use and Zoning Ordinance Section
9049.4 of Subchapter 5J as set forth in Exhibit A.
SECTION 2. The Planning Director shall certify to the adoption
of this Resolution, and thenceforth and thereafter the same shall
be in full force and effect.
- 1 -
A111\CHMWT A
e e
Date Adopted:
Adopted and approved this day of 1991.
Chair
I hereby certify that the foregoing Resolution of
Intention No. was duly and regularly introduced and
approved at a meeting of the Planning commission on the
day of 1991 by the fallowing vote:
Ayes: Planning Commissioners:
Noes: Planning Commissioners:
Abstain: Planning Commissioners:
Absent: Planning Commissioners:
ATTEST:
Planning Director
APPROVED AS TO FORM:
ROBERT M. MYERS
City Attorney
w/alexpres
- 2 -
. e e
Subchapter 5J. Alcohol Outlets.
Section 9049.1- Purpose and Findings.
(a) Recent empirical studies demonstrate that there is a
complex interrelationship between the availability of alcohol,
the consumption of alcohol, and reSUlting community problems such
as public drunkenness, drunk driving, traffic accidents I violent
crime, noise, and nuisance. The City of Santa Monica contains an
overconcentration of alcohol outlets at which alcoholic beverages
are sold on premises. The number of total active retail alcohol
outlets in the city has increased in recent years.
(b) In addition to traditional alcohol outlets such as
bars, restaurants, liquor stores, and supermarkets, a variety of
new types of alcohol outlets are beginning to appear or are being
proposed in Santa Monica and other communities. There is
continuing and increasing community concern over the
proliferation of alcohol outlets in the city, as is evident from
the Main Street Plan, the pico Neighborhood Community Plan, and
the Land Use and Circulation Elements of the City's General Plan.
There is a current and immediate threat to the public health,
safety, and welfare, and the unconditional approval of additional
alcohol outlets would result in a threat to public health,
safety, and welfare.
(c) While the issuance of liquor licenses is the exclusive
province of the state, local jurisdictions are permitted to
establish reasonable controls and conditions on the location of
alcohol outlets. It is necessary to establish a control measure
that will permit the city to review and approve new alcohol
outlets on a case by case basis and to condition that approval
based on the specific type of alcohol outlet, neighborhood
location, and potential problems involved.
Section 9049.2. Applicability. No person shall establish a
new business or use dispensing, for sale or other consideration,
alcoholic beverages, including beer, wine, malt beverages, and
distilled spirits for on-site or off-site consumption without
first obtaining a Conditional Use Permit. Existing alcohol
outlets shall also obtain a Conditional Use Permit except where
the premises either retain the same type of retail liquor license
within a license classification or the licensed premises are
operated continuously without substantial change in mode or
character of operation. A Conditional Use Permit shall be
required for existing premises where operations have been
discontinued for a period over one year. A substantial change in
mode or character of operation shall include, but is not limited
to, a 10% increase in the floor area of the premises, a 25%
increase in the shelf area used for the display of alcoholic
beverages I or a 25% increase in the number of seats in any
restaurant which serves alcoholic beverages.
Section 9049.3. Approval. The City Planning Commission, or
the City Council on appeal, shall have the authority to approve
the use of a property for a business or use dispensing, for sale
- 1 -
. e e
or other consideration, alcoholic beverages, including beer,
wine, malt beverages I and distilled spirits for on-site or
off-site consumption, and shall issue a Conditional Use Permit if
the following findings can be made in an affirmative manner:
(a) The proposed use will not adversely affect the welfare
of neighborhood residents in a significant manner.
(b) The proposed use will not contribute to an undue
concentration of alcohol outlets in the area.
(c) The proposed use will not detrimentally affect nearby
neighborhoods considering the distance of the alcohol outlet to
residential buildings, churches, schools, hospitals I playgrounds I
parks, and other existing alcohol outlets.
(d) The proposed use is compatible with existing and
potential uses within the general area.
(e) Traffic and parking congestion will not result.
( f) The publ ic health, safety, and general wel fare are
protected.
(g) No harm to adjacent properties will result.
(h) The objectives of the General Plan are secured.
$~~:tJJ6Ft lJfJlclJllcl }!:,t~}tlpSt.IfZSP{~1 1~~ PJ6FtJ~s ~~~J~J~%t_tr6t ~~_~~
~py~ ~~~ _~:t~J6IJ:t1 %r6 ~t_~% _p ~t~~~~tp~ ttJ6~ :t~~ ~tJ61J~J~~~ pt
:tYtj~ $}1.}tSt)f;ip:t~t tilt t~%:t~}1.t;i1i:tj4 pt },~Il}'1;i tj.~~}' p}1.;5;Zt~ ~;i:tj1iyj
"P~_t~;!. ~)1tjt)l. ~tt;et tpl ~ft~~ rpl p1.I;!."p;eFt~;. tJ61 ~(JFt~.I~;etp:tJp1i
p;r.~(J)1'P;r.t~ )S;e1~1;.!d~~ .t)'i~;r.)i~t}'i;g )sJi.Jit pI ~t~~ .I~~j.~~Ft%;.J. ~rp Jd.;ep;r.
~~t'lJ.~;eJ 1~~ ;et.f!~"p1.J16Ft _ii_;r.;r. )SJi _"P~t161J!~ j.~ }6tj%J~t '151 %~;e
prp~J.~!d ~~~t~t%:ttft%'Pt ft~~ %l1p;r.;r. )st ~~~j~~% %p :t~;. tjt~:t 'Pt ft"P~~P;r.
:t16 :t~;e '.1;.)'i}'i.I)'ig ~P~J,.,.j.f;11 ft,. pt~1j~~~ j)'i ~~}6~)iftP:tJ!t ;t.~~1 1)iJi
Ji 't~~"P % 1. 161i ~)'i;t;r. ;r. 'P1f;r.t )IS$! ftP"Pt'P1J4~ 1.t %)'iJ! ftPP;r.j.~;.~"t ;t~t$!~" J.~
~t)y..j.jJ.~ 1-fIJ ftp"jJ'fJJ.t ~j..tii 1-ii~ t'P;r.;r.16'1.Iy1.~ jttj.1-~tj.ft ft}1~ ~flJ1i.~Pt)'P1t~j
I.ft'l 1P1t "Pt$!~j.~1!~ jtp.,..%ftj.~;. ;l. )CJ:tJt)i1!)'1 16t tp16p1f;.~tyj.)'1fl fttJi_ .Ip
~;1j.~P1 1. 11.t);4-1 rpt ttJprft .I% pt~p;!t$!r). fty1~ ~J616)c_~ rpFt %;1Ji plJit.J.;,~"J
I.ldl ;l;ij! ~tj:p;.tt }:f;.~ ?'Jt ~;i~ pt~~tj!.~~ j.j!. t~t j!.J.tfsifpyAyf ~~ffJ.~~
y.'P "P~'ttp1i~J
I.'tl 1)i~ ~t~~J.~~% ~;.t1~ Irppr). %p "P~"ttp}'i;. rft~tj1i~ ;.;r.;r. )ip~t;. :ti1~
~~%;t}6~j,.)iJd.~)'i"t J.~ JfJ~;.11 tt>t t~,."tp~;et;.1
I.rft'l 1~~ fJt1!"lJ.I~;e;. 16)'i7.1 ,.;.tJlJ! ;{J-Jtrp'piJfJJ. ,i)'i _ sif.I)'i.I)'ifl ftt;.;. ;.}'i~
11'P'j. J)'i ;'11 ~;r.~ID~rp;r. ;.~tyJ.)'iJ4 ;{.tJ4_ 1.;1_% I.;. ~;.~_t;.:tJi 1tID;" %~~ s4.I1lt~S!t
;.tJ4pJ
J.piJ ~JiJiRJd;t~~ ;.1!;t:tJ.f1f1 ;ttt;tjJfd~}rtJ!~:t;. tfbt ;.j:tff!p5~'/1 p;tttp5~;. ;tt1!
ptp1JsifJiJit t>Ft "t~J4 ptJ4~j~;.~ nf!J% %16 ~t.~~~r). p ~_ft"ttpS!t 't;tp_~J."t1 'PI ,~
P;.t~'P}'i~1
I.t1 ~~t "tft)c~frp}:f"l- "J4ty.I~~ t~ f!J}'iJ.t J.)'it.Is4~)'i:tp;r. "1-16 't;1J4 ptj~pt1
1iJ.tfJitfIJ,qi )d'sJ! ;s'1i91 rip;e;. 1iJ6't j)'i~;r.~ri;. :t]li~ ~;l.;r.~ pt rit;'P;.y1~j1if!J tpt
~rp~~j~J!t;t"tjp)'i ~t ;t;r.~JfJ~rp;r.j.~ )6;.1~t;tflJ! rpt )6J!J!t fDt ~j~~J
I.s1 ){J6 ;(l~p)it>.1J.'t )6~1;etft91~jI. 16t )Sj!j!t rpt 'IJ.11~ pt1! ;.rp;r.~ 16t
sil.I"s!5~1i"s,asd trpt tpJl.;.~"jJJSt.IpJi Y;j!yptIsd .tii,a lrtfJ'1J,J."SfJ;.1
J.~l )fp ~;.Ftt.IFt91 pt J..I1~ ~tI:tJ!t't;.,iF1~J!y1't .Ijl. p~tJd.Ptf..J!~ J6}'i %~;e
pt~~.I"'Jijl.J
PermDoc/AlcoholE
- 2 -
-- -
(From Municipal Code)
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
2. The proposed use will not adversely affect the welfare of
neighborhood residents in a significant manner in that
3. The proposed use will not contribute to an undue
concentration of alcohol outlets in the area in that
4. The proposed use will not detrimentally affect nearby
neighborhoods considering the distance of the alcohol
outlet to residential buildings, churches I schools I
hospitals, playgrounds I parks, and other existing alcohol
outlets in that
5. The proposed use is compatible with existing and potential
uses within the general area in that
6. Traffic and parking congestion will not result from the
proposed use in that
7. The public health, safety, and general welfare are
protected in that
8. No harm to adjacent properties will result in that
9. The proposed use is consistent with the objectives of the
General Plan in that
- 1 - A1\AG\\-uaJI B
.
(From Municipal Code)
SECTION 9049.4. Exemptions. The zoning Administrator shall have
the authority to grant an exemption fro the provisions of this
Subchapter for restaurants or "bona-fide" public eating places
which offer for sale or dispense for consideration alcoholic
beverages including beer or wine incidental to meal service. The
exemption shall be approved in writing by the Zoning
Administrator and shall be subject to the right of appeal to the
Planning Commission as provided in Subchapter lOL. The exemption
shall only be approved if the applicant agrees in writing to
comply with the following criteria and conditions:
(a) The premises contains a kitchen or food-serving area in
which a variety of food is prepared and cooked on the premises.
(b) The primary use of the premises is for sit-down service to
patrons.
(c) The premises serve food to patrons during all hours the
establishment is open for customers.
(d) The premises only serve alcohol in a dining area and not
in an alcohol serving area that is separate from the dining area.
(e) Adequate seating arrangements for sit-down patrons are
provided on the premises not to exceed a seating capacity of 50
persons.
(f) Any take-out is only incidental to the primary sit-down
use and does not include the sale or dispensing for consideration
of alcoholic beverage or beer or wine.
(g) No alcoholic beverages or beer or wine are sold or
dispensed for consumption beyond the premises.
(h) No dancing or live entertainment is permitted on the
premises.
pc/alex
- 1 -
A1\A-Q\M 6lT C
(From Standard Menu of Conditions)
ALCOHOL OUTLET CONDITIONS
1. The restaurant shall not serve alcoholic beverages in the
bar area after midnight but may continue to sell alcoholic
beverages in the dining area.
2. parking lot illumination shall be provided and maintained.
3. The owner shall prohibit loitering in the parking area and
shall control noisy patrons leaving the restaurant.
4. The primary use of the premises shall be for sit-down meal
service to patrons. Alcohol shall not be served to
persons except those intending to purchase meals.
5. In order to maintain the primary use of the premises for
sit-down meal service, patrons shall not be permitted to
use the bar unless they are waiting to be seated for meal
services.
6. The premises shall maintain a kitchen or food-serving area
in which a variety of food is prepared and cooked on the
premises.
7. The premises shall serve food to patrons during all hours
the establishment is open for customers.
8. Seating arrangements for sit-down patrons shall not exceed
seats. In no instance shall the establishment be
occupied by more than persons.
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
premises.
12. The primary use of the outdoor dining area shall be for
seated meals service. Patrons who are standing in the
outdoor seating area shall not be served.
13. If located in a district other than the C2, C3 or C3C,
permitted hours of operation shall be 6 a.m. to 12:00 a.m.
sundaY-Thursday, and 6 a.m. to 1:00 a.m. Friday and
saturday. In the C2 district, permitted hours shall be 7
a.m. to 10 p.m. Sunday-Thursday, and 7 a.m. to 11 p.m.
Friday and Saturday. In the C3 or C3C districts,
permitted hours shall be 6 a.m. to 1: 00 a.m.
Sunday-Thursday, and 6 a.m. to 2:00 a.m. Friday and
-2- ~ 0
Saturday. No "after hoursll operations shall be permitted.
Alcohol service to any outdoor seating area adjacent to a
public street or sidewalk shall cease one hour in advance
of the operating hours otherwise permitted.
14. No expansion in number of seats, intensity of operation,
or outdoor areas shall occur without prior approval from
the city of Santa Monica and state ABC.
15. Prior to issuance of a Certificate of occupancy, or a
business license, as applicable, a security plan shall be
submitted to the Chief of Police for review and approval.
The plan shall address both physical and operational
security issues.
16. 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.
17. Prior to issuance of a building permit or business
license, whichever is sooner, the design of the entryway
to the establishment shall be reconfigured to provide for
double doors to mitigate possible noise impacts.
18. Final plans for any changes to exterior design,
landscaping, trash enclosures, and/or signage shall be
subject to review and approval by the Architectural Review
Board.
19. 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, Architectural Review Board, or Director of
Planning.
20. The applicant shall comply with all legal requirements
regarding provisions for the disabled, including those set
forth in the California Administrative Code, Title 24,
Part 2.
- 3 -
~
21. 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.
22. The operation shall at all times be conducted in a manner
not detrimental to surrounding properties or residents by
reason of lights, noise, activities, parking, or other
actions.
23. No noise generating compressors or other such equipment
shall be placed adjacent to neighboring residential
buildings.
24. Alcohol shall not be served in any disposable container
such as disposable plastic or paper cups.
25. No video or other amusement games shall be permitted on
the premises.
26. Within thirty (30) days from date of approval (if
approved) the applicant shall provide a copy of the
statement of Official Action for this approval to the
local office of the state Alcoholic Beverage Control
department.
27. This permit shall expire one year from the effective date
of approval unless required ABC permits are obtained. One
ninety (90) day extension of the one year period may be
permitted if approved by the Director of Planning.
Applicant is on notice that an extension may not be
granted if development standards relevant to the project
have changed since project approval.
28. Applicant is on notice that all temporary signage is
subject to the restrictions of the city sign ordinance.
29. Any new restaurant at the site with fewer than 50 seats
capacity shall install a grease interceptor with minimum
750 gallons static holding capacity in order to pretreat
sewered grease. Facilities with greater than 50 seats are
required to install an interceptor with 1000 gallons mini-
mum holding capacity. The General Services Department may
modify the above requirements only for good cause.
Specifically, the facility must demonstrate to the satis-
faction of the Industrial Waste Section and Building and
Safety Division that interceptor installation is not
feasible at the site in question. In such cases where
modifications are granted I grease traps will be required
in the place of an interceptor. Building permi t plans
shall show the required installation.
- 4 -