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SR-040996-7APCD:SF.DKWsSHK f•\plan\share\council\strpt\cup95022 ~ --~ " Council Mtg April 9, 1996 Santa Monica, Californi~P~ - 9 TO. Mayor and City Council FROM City Staff SUBJECT: Appeal of Planning Commission Approval of Conditional Use Permit 95-022 to Allow the Issuance of a Type-47 (On-Sale General Alcohol License) to be Used .~n Conjunction With a New 3,795.5 Square Foot Restaurant and Variance 95-029 to Provide 12 Parking Spaces In Lieu of the 15 Parking Spaces Required On-Site by Code With a Valet Parking Service. Address 1.810 Ocean Avenue Applicant: Bruce Marder Appellants: Bruce Marder, Stephanie Barbanell I I~?TRODUCT I ON This report recommends that City Council uphold the Planning Carnmission approval of Conditional Use Permit 95-022 which would allow issuance of a Type-47 ~On-Sale General Alcohol License for a Bana Fide Public Eating Place) alcohol license to be used in conjunction with a new 1,795.5 square foot restaurant with a total of 74 seats and Variance 95-~29 to provide 12 parking spaces in lieu of the 15 parking spaces required on-site by Code with a valet parking service at 1810 Ocean Avenue. BACKGROUND On January 10, 1995, the Planning Cornrnission voted 6-1 to approve the applicant's requests. The determination has been appealed by the applicant, Bruce Marder and a neighborhood resident, Stephanie Barbanell. The appeal statements are contained in Attachments A and B The Planning Commission Statement of Official Action is contained in Attachment E. ~IP~ - 9 X96 - 1 - . i Background The proposed project site at of The Mucky Duck restaurant, than one year . The project Visitor Commercial District Conditional Use Permit is r alcohol service. 1810 Ocean Avenue was the location which has been out of business more site is located in the Residential- !RVC). In the RVC, approval of a ?quired to allow a restaurant with The RVC d~.strict is intended to protect existing residential uses in the area while providing for the concentration and expansion of coastal-related lodging, dining, recreation and shopping needs of tourists and others in the oceanfront area. There are residential uses immediately to the west {R3) of the site consisting of single and multifamily housing. There are three large hotels, the Pacific Shores, Shutters on the Beach and Loew's, located within approximately 500 feet of the project site. The project site is also within 500 feet of the southwestern portion of the Civic Center. The applicant proposes to remodel the existing building with no increase in square footage. Although there is an outdoor patio area between the proposed restaurant and Core`s Coffee Shop to the north, outdoor dining was not included in the orig>_nal request and is restricted by Condition #42. The restaurant entrance is located adjacent to the parking lot on the north elevation, close to Ocean Avenue. All 74 seats are located in a 985.5 square foot open room. Of the 74 seats, ten are bar-type - 2 - seats located along the north wall. There is no separation between these ten bar-type seats and the remainder of the seats in t~:e dining area. A large fireplace is also located on the north wall between the kitchen and dining area. Applicant/Appellant Concerns The app?icar_t is appealing Condition #43 of the Planning Commission approval which specifies the restaurant's permitted hours of operation. The Planning Commission approved operating hours are Sunday through Thursday, 2:00 pm to 11 pm, when the last patron may be seated, with complete restaurant closure by midnight and on Friday and Saturday, 2:00 pm to midnight, when the last patron may be seated, with complete restaurant closure by 1:00 am. The applicant is requesting that the hours be expanded by one hour each night for both seating the last patron and complete restaurant closure. At the Planning Commission meeting, the adjacent neighbors requested a condition to limit the hours of operation so that the restaurant would close on Sunday through Thursday at 9.00 pm with complete shutdown by 10:00 prn and close on Friday and Saturday at 14:00 pm with complete shutdown by 11 pm. Planning staff had recommended that meal service end at 14 04 prn, during the week with complete shutdown by 11:00 pm and on Friday and Saturday, that meal service end at 11.04 pm, with complete shutdown by midnight. The concerns regarding the hours of operation are related to noise and potential disturbance to neighbors. The applicant - 3 - presented in~ormation at tze Planning Commission meeting prepared by a sound consultant, T.B. Consulting Associates, regarding existing and potential noise on the site and the results of sound level tests The consultant concluded that the nose from the traffic and the bus staging area on Ocean Avenue creates an ambient noise level which will mask most noise created by the restaurant use. The consultant advised the applicant that if the windows of the adjoining residential properties were dual glazed, it would result in a net reduction of noise within those residences even if the restaurant were open until 2:00 am Condition #67 was added which states: 57 Prior to issuance of a building permit, the applicant shall send certified letters to the owners of abutting property with an offer to double-glaze windows facing the restaurant, and indicate that a response is required within 45 days. A copy of each letter shall be sent to the City. For any property owner requesting this measure, the work shall be completed and verified by a City inspection prior to issuance of a Certificate of Occupancy. Staff does not support the applicant's request for extended hours beyond those apprcved by the Planning Commission, given the proximity of residential uses. This type of use immediately adjacent to residential uses has historically caused complaints and inherent conflicts between the uses. The Planning Commission conditions of approval ba~ance the needs of the operator while protecting the residents. This location is more similar to a neighbonc~cd commercial district like Montana Avenue or Main Street than to a commercial district like Bayside. Therefore the - 4 - operating hours should minimize the impacts to adjacent residential uses. Appellant Barbanell's Concerns A nearby resrdert, Stephanie Barbanell, has also appealed the Planning Commission's approval of this project for four reasons (Attachment B) Each reason for appeal and staff's responses follow. 1) The Planning Commissioners' abused their discretionary powers and violated citizen's rights to due process by not granting the opposition equal time to state their case They acted in a biased and neighborhood insensitive manner. Under the Planning Commission Rules of Order, a member of the public who wishes to speak regarding an item is limited to three minutes In addition, a '"representative speaker'" may be allowed one additional minute of speaking time, to a maximum of five additional minutes (for a total of eight minutes), for each person actually in attendance who assigns his or her right to speak to the "representative speaker "' The project applicant is permitted five minutes initially and three minutes in rebuttal to conclude the public hearing Any further questions to the applicant are at the discretion of the Planning Commission. The Planning Commission is not required to grant other members of the public, whether in support or opposition to the application, equal time. - 5 - 2) The decision of the Planning Commission was arbitrary and not based on findings of the fact that were presented. The findings for approval of the Conditional Use Permit and the Variance are included as part of this report. Staff believes with the addition of special conditions, the findings made by the Planning Commission were not arbitrary and are based cn applicable law and the specifics of the project. 3} The public health, safety and welfare of the neighbors livrr_g within 500 feet are not protected by the conditions that have been placed on this license with regard to roise, hours of operation, parking and traffic circulation patterns and the reduced parking variance. Several of the conditions are simply vague and unenforceable. There are approximately 360 residents within a 500-foot radius of the site. These residents are located in apartments and single family residences located in the R3 and R3R districts adjacent to the RVC (Residential/Commercial) District along Ocean Avenue. Petitions were submitted prior to the Planning Commission meeting from adjacent neighbors on Vicente Terrace and Seaview Terrace (Attachment G). The residents expressed concern about the quiet enjoyment of their property if the proposed application is approved without specific conditions, especially regarding noise and odors, and submitted a list of conditions which they wanted included. The applicant proposed specific mitigation measures (Attachment H), and staff included some of these measures as well as additional conditions in response to the neighborhood concerns. While not all fifteen of the conditions requested by the neighborhood were included, special conditions were added (Conditions X55-69). - 6 - Specific conditions are included to minimize noise impacts. Staff believes the greatest noise impact will be from the parking lot, both by the vehicles and customers leaving and returning to their cars. Conditions were included regarding elimination of patrons standing outside to wait for their vehicles (Condition # 56), the prohib~tron of valet drivers from congregating at the on-site parking lot (Condition #36}; requiring the operator to take further responsibility far minimizing the effect of noisy patrons by posting signs in the parking lot, written cautions on guest receipts, and verbally cautioning patrons as they leave (Conditions #36, #64, #65, and #66) The dual glazing at the rear windows (Conditions #58 and #67) and the applicant's proposal for baffling the doors (Conditions #59 and #6D) will sufficiently reduce any noise generated from within the restaurant The second greatest noise generator will be from any HVAC system. The applicant consulted environmental Comfort Systems, Inc. regarding design of equipment with a low speed motor which will minimize noise (Attachment H} The inclusion of this equipment is considered to be part of the applicant's proposal. To reduce noise impact from trash dumping, the applicant has indicated that only "soft" trash (no bottles or cans} will be dumped at night and Condition #24 limits all delzver~es and dumping to the hours between 8:DD am and 1D:D0 pm. - 7 - Conditions #55, #57, #62, and #b3 address parking and traffic circulation. These conditions require the valets to use a specific circulation plan which is subject to the approval of the Director of Planning, the Parking and Traffic Engineer and the Chief of Police ~'o loading or unloading of passengers is permitted in the alley, and all passenger loading or unloading shall occur in the parki=~g lot unless a valet parking zone is approved by the Director of Planning, the Parking and Traffic Engineer and the Chief of Police. Valet parking shall occur only on private parking lots and, prior to issuance of a building permit, the applicant shall provide a lease agreement demonstrating provision of at least three off-site parking spaces located within 1000 =eet of the subject site. At the Planning Commission meeting, the applicant indicated that the off-site parking might be located at the Pritikin parking lot. The applicant is still negotiating for off-site parking which may not be located at the Pritikin lot. Staff has modified Condition #55 to require the applicant to obtain approval of a circulation plan without specifying the Pritikin lot as the location. Condition #55 has been modified as follows: 55. hTo valet drivers shall utilize Vicente Terrace nor Vicente Terrace North alley west of the subject site. The valet parking circulation plan shall be subject to the approval of the Director of Planning, the Parking and Traffic Engineer and the Chief of Police Staff believes that a parking variance is warranted in that a - 8 - number of patrons well be likely to walk to the restaurant from one of the three major hotels located nearby or from the Civic Center or arrive by taxi. For those patrons who will drive, there is sufficient parking available at the site, and in other nearby parking areas, such as the Pritikin Center parking lot 4) The City alcohol ordinance has been violated in that undue concentration of alcohol outlets already exist 'n the area as defir_•ed by the Alcohol Beverage Control Department. Ms. Barbanell has concerns regard_ng the addition of another alcohol outlet in Census Tract 703.9, where 134 alcohol outlets now exist. This Census Tract includes the entire downtown area, the Pier, extending from Wilshire to Lincoln to Pico. Like many downtown and visitor-serving areas, there is a concentration of restaurants and other visitor-serving uses. Ms. Barbanell also ~s concerned that a Conditional Use Permat is granted for the property, not issued specifically to the current applicant and future operators of this venue may not be as reputable as the applicant. While there are a number of alcohol outlets zn the Census Tract where the property is located, there are not numerous outlets in the immediate area. 6~Tithin a 500' radius of the site, there is cne Type-41 !On-Sale Beer and Wine for Bona Fide Public Eating Place) alcohol license, two Type-47 {Gn-Sale General for Bona Fide Public Eating Place) alcohol license, and one Type-48 {On- Sale General For Public Premise) alcohol license. - 9 - The Santa Monica Police Department {SMPD) does not oppose the issuance of a Type-47 ;On-Sale General for Bona Fide Public Eating Place) alcohol license at this location if there is no live entertainment and there are adequate measures taken to soundproof the location by use of double door entrance and insulated w~.r_dows Staff believes that the applicant's proposal to soundproof the front doorway will have an effect sa.milar to double doox's. These provisions are included as Conditions #59 and #60 Ms. Barbanell believes the City cannot make the findings required to approve another alcohol license. She claims that without a citywide alcohol policy which identifies how many alcohol outlets would be acceptable in each district or neighborhood, it is impossible to make the finding that this premise will not result in an overconcentration of alcohol outlets. The City's Zoning Ordinance expresses the City`s current alcohol polices and allows the consideration of alcohol CUPS on a case-by-case basis. The Planning Commission found that the project merited approval and that the conditions of approval adequately protect the surrounding neighborhood. Conclusion The Planning Commission's approval included conditions which address many of the adjacent neighbors concerns. The limitations to the restaurant operating hours are intended to preserve the neighborhood integrity and character - 10 - The fact that this use requires a CUP provides an opportunity to mitigate potential impacts which would not be available far uses permitted by right Far example, a convenience market without alcohol sales would not require a CUP and could operate 24 hours per day. The addition of a restaurant within walking distance of three hotels and the Clvic Center will benefit the visitor component of the area as designated in the Zoning Ordinance and the General Plan. The addition of this restaurant will contribute to revitaliz,ng an area of Dcean Avenue. With the recommended conditions of approval, the use will be compatible with the surrounding ne~ghborhoad PUBLIC NOTIFICATION Pursuant to Municipal Code Sections 9.04.20 22.050 and 9 20.14 010, notice of the public hearing was mailed to all owners and residential and commercial tenants of property located within a 500 foot radius of the project at least ten consecutive calendar days prior to the hearing. A copy of the notice is contained in Attachment C. BUDGET/FINANCIAL IMPACT The recommendation presented in this report does not have any budget or fiscal impacts. RECOMMENDATION It is recommended that the Council uphold the Planning Commission approval cf Cond~t~anal Use Permit 95-022 and Variance 95-029 - 11 - with the following findings and conditions: 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 Ordinance", in that the Zoning Ordinance conditionally permits an alcohol license in conjunction with a food service in the RVC district. 2. The proposed use would not impair the -ntegrity and character of the district in which it is to be established or located, in that the RVC district is intended to protect the existing residential mix in the area while providing for the concentration and expansion of coastal related, lodging, dining and recreation needs of tourists ar_d others in the oceanfront area and the conditions of approval such as the hauxs of operation limitations, trash and delivery hours limitations, and valet parking circulation plan will ensure that the restaurant's operation will not impact the surrounding ne~.ghborhood. 3 The subject parcel is physically suitable for the type of land use being proposed, in that the parcel is a standard lot with no unusual characterzstacs. 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 issuance of an alcohol license for a new restaurant is compatible with the existing coffee shop in that the hours of operation are different and do not conflict. 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 zan~ng of the site permits restaurants and the issuance of an alcohol license will be incidental to the primary food service establishment and the conditions such as the sound baffle requirements and valet parking operation requirements will limit the impact on the surrounding neighborhood. 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 site is located in an urbanized area adequately served by existing infrastructure, and the County Health Department will inspect the premises to - 12 ensure compatibility with health standards. 7. Publac access to the proposed use will be adequate, in that the site ~.s within walking distance of three mayor hotels and the Civic Center and is serviced by bus lines on Ocean Avenue and Pica Boulevard, which is located one block away. 8 The physical location or placement of the use on the site is compatible with and relates harmoniously to the surrounding neighborhood, in that the proposed alcohol license will be for an allowed restaurant which is consistent with the RVC district ~on3ng and that the conditions of approval lirnating restaurant hours, trash dumping and pick up, and restaurant deliveries will protect the surrounding residential neighborhood from restaurant i~rpacts . 9. The proposed use is consistent with the goals, objectives, and policies of the General Plan, in that the Land Use Element of the General Plan, specifically Objective 1 5 of the Oceanfront District is to expand visitor accommodations and related uses in the Oceanfront area, while protecting the existing residential mix. 10. The proposed use would not be detrimental to the public interest, health, safety, convenience, or general welfare, in that the proposed use is consistent with the Zoning Ordinance, and the Land Use Element of the General Plan, in that the proposed conditions limit noise and odors to the neighborhood and prevent parking impacts by requiring the valet parking circulation plan to be approved by the Director of Planning, the Parking and Traffic Engineer, and the Chief of Police who will carefully evaluate the location, hours, and number of on-street valet spaces in regards to nose impacts to residential uses and loss of on-street parking, and that the off-site parking be provided at a nearby lot not more than 1,000 feet from the establishment. 11. The proposed use conforms precisely to the applicable performance standards contained in Subchapter 9 04.12 of the City of Santa Monica Comprehensive Land Use and Zoni=~g Ordinance, in that no performance standard permit is required. 12. The proposed use wail not result in an averconcentration bf such uses in the immediate vicinity, in that the proposed alcohol license will be for a restaurant without entertainment, and that the area is in the RVC (Residential-Visitors Commercial} District which ~s frequented by large numbers of local residen~s as well as office wor}cers, shoppers, and visitors from outside the - 13 - City. Furthermore, this type of outlet has not contributed significantly to alcohol related problems in the area. ALCOHOL OUTLET FINDINGS 1 "'he proposed use and location are in accordance with good zoning practice, in the public interest, and necessary that substantial austice be done in that the alcohol license will be for a restaurant with no separate bar area or entertainment 2. The proposed use will not adversely affect the welfare of neighborhood residents in a significant manner' in that the use will be located in a mixed use area and the hours of alcohol service and restaurant operation will be limited 3. The proposed use will not contribute to an undue concentration of alcohol outlets in the area in that a restaurant with no separate bar area or entertainment is not typically cansxdered to contribute to ob~ectianable problems associated with alcohol outlets, there are only four other alcohol outlets located within 500 feet of the subject property, three of which are incidental to hotel uses, and that the area is in a portion of Santa Monica which is frequented by local residents as well as office workers, and shoppers. Furthermore, this type of outlet has not contributed significantly to alcohol related problems in the area. 4. The proposed use will not detrimentally affect nearby neighbarhaads considering the distance of the alcohol outlet to residential buildings, churches, schools, hospitals, playgrounds, parks, and other existing alcohol outlets in that the conditions for approval, such as the requirement that the establishment operate wzth no separate bar area or entertainment, and that the hours when alcohol will be available will be limited to 2;00 pm to midnight during the week and 2.00 pm to 1:00 am on the weekends, will minirnlze the potential affect on the residential uses in the vicinity. 5. The proposed use is compatible with existing and potential uses within the general area in that the restaurant is in a m~.xed use district, and a restaurant with an alcohol license is compatible with permitted visitor serving uses and that, with the conditions of approval iirniting restaurant hours and controlling potential noise impacts, is also carnpatible with surrounding residential uses. 6. Traffic and par'.~ing congestion will not result from the proposed use in that 12 parking spaces are provided - 14 - onsite; 15 parking spaces are required and valet parking will be provided at an offsite private lot and there shall be no valet parking permitted on any street or alley unless approved by the Parking and Traffic Engineer, the Director of Planning, and the Chief of Police, who will carefully evaluate the location, hours, and number of on- street valet spaces in regards to noise impacts to residential uses and loss of on-street parking spaces. 7. The public health, safety, and general welfare are protected in that the project is consistent with the provisions of the Zoning Ordinance, and the Land Use Element of the General Plan when both encourage visitor serving uses in the RVC and Oceanfront districts. 8. No harm to adjacent properties will result in that the conditions of approval will ensure that the establishment operates as a restaurant with no separate bar area or entertainment. 9. The proposed use is consistent with the objectives of the general Plan in that the Land Use Element of the General Plan designates the area as Oceanfront Special District where visitor accommodations and related uses may be expanded while protecting the existing residential mix VARIANCE FINDINGS 1 There are special circumstances or exceptional characteristics applicable to the property involved, including size, shape, topography, location, or surroundings, or to the intended use or development of the property treat do not apply to other properties in the vicinity under an identical zoning classification, in that the property is located within walking distance of three mayor hotels and the Civic Center and in that the RVC District is intended to provide for the concentration and expansion of coastal related, dining needs of tourists and o~hers in the oceanfront area. 2. The granting of such variance will not be detrimental or injurious to the property or improvements in the general vicinity and district in which the property is located, in that parking for the restaurant will be provided on-site or will be valet parked at the Pritikin lot or other lot within laoo fleet from the establishment, and no street parking will be removed or used for tie restaurant use unless approved by the Director of Planning, the Parking and Traffic Engineer, and the Chief of Police. 3 The strict application of the provisions of this Chapter would result in practical difficulties or unnecessary hardships, not including economic difficulties or economic - 15 - hardships, in that there is not sufficient area in the parking lot to provide all 15 required parking spaces onsite and adequate parking can be provided on the nearby Pritikin lot or other private lot located not mare than 1000 -eet from the establishment 4. The granting of a variance will not be contrary to or in ccnflzct with the general purposes and intent of this Chapter, or to the goals, objectives and policies of the General Plan, in that the Objective 1 5 of the Oceanfront Special District states that visitor related uses shall be expanded while pratectirg the existing residential mix and approval of the variance would permit a visitor serving restaurant while providing parking at the Pritikin lot or other nearby private lot located not more than 1000 feet from the establishment and by not removing any street parking without approval by the Director of Planning, the Parking and Traffic Engineer, and the Chief of Police, who will carefully evaluate the location, hours, and number of on-street valet parking spaces in regards to noise impacts to residential uses and loss of an-street parking spaces. 5. The variance would not impair the integrity and character of the district ir. which it is to be located, in that there will be valet parking provided which will occur on- szte, at the Pritikin lot through a lease agreement or at arother off-site location not more than 1000 feet from the establishment and will not remove any street parking without the approval of the Director of Planning, the Parking and Traffic Engineer and the Chief of Police. 6. The subject sire is physically suitable for the proposed variance, in that twelve parking spaces can be provided onsite and the remainder will be secured off-site through a lease agreement. 7. There are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed variance would not be detrimental to public health and safety, in that the site is an existing structure which is part of the urban infill and conditions of approval will control vehicular access to and from the site, and will prohibit use of the alley adjacent to the residential uses by valet drivers. 8 There will be adequate provisions for public access to serve the subject variance proposal, ixi that there are bus lines which serve Ocean Avenue and Pico boulevard which is one block away. 9. The strict application of the provisions of Chapter 10 of the C~.ty of Santa Monica Comprehensive Land Use and Zoning Ordinance would result in unreasonable deprivation of the - 16 - use or enjoyment of the property, in that adequate parking cannot be provided for a restaurant without a variance. CONDITIONS OF APPROVAL 1. This approval is far those plans dated January 3, 1996, a copy of which shall be maintained in the files of the Plan- ning and Zoning Division. Project development shall be consistent with such plans, except as otherwise s p e c i f i e d in these conditions of approval. 2 The Plans shall comply w~.th all other provisior_s of Chapter 1, Article 2X of the Municipal Code, (zoning Ordinance} and all other pertinent ordinances and General Plan policies of the City of Santa Monica. 3. Final parking lot layout and specifications shall be subject to the review and approval of the Parking and Traffic Engineer. Archztectura_ Review Board 4. Prior to consideration of the project by the Architectural Review Board, the applicant shall review disabled access requirements with the 3uilding and Safety Division and make any necessary changes in the project design to achieve compliance with such requirements. The Architectural Review Board, in its review, shall pay particular attention tc the aesthetic, landscaping, and setback impacts of any ramps or other features necessitated by accessibility requirements. 5. Construction period signage shall be subject to the approval of the Architectural Review Board. 6. Plans for final design, landscaping, screening, trash enclosures, ar_.d signage shall be subject to review and approval by the Architectural Review Board. 7. The Architectural Review Board, in its review, shall pay particular attention to the project's pedestrian orientation and amenities; scale and articulation of design elements; exterior colors, textures and materials; window treatment; glazing; and landscaping S. Landscaping plans shall comply with Part 9.04.10.04 (Landscaping Standards} of the zoning ordinance including use of water-conserving landscaping materials, landscape maintenance and other standards contained in the Subchapter. 9. A landscaping plan shall be subrn3tted to ARB which restores - 17 - and improves the existing landscaped areas and provides additional landscaped areas in the parking lot without reducing the r_umber of parking spaces below that required by the Zoning Ordinance. Any revised parking layout shall be approved by the Park:~ng and Traffic Eng~.neer. 10. Refuse areas, storage areas and mechanical equipment shall screened in accordance with SMMC Section 9.04.10 02.130- 90.04.10.02.150 Refuse areas shall be of a size adequate to meet on-site need, including recycling she Architectural Review Doard an its review shall pay particu- lar attention to the screening of suer areas and equipment. Any rooftop mechanical equipment shall be minimized in height and area, and shall be located in such a way as tc minimize noise and visual impacts to surrounding properties. Unless otherwise approved by the Architectural Review Board, rooftop mechanical equipment shall be located at least five feet from the edge of the roof. Construction 11 Unless otherwise approved by the Department of Environmental and Public Wor;cs Management, all sidewalks shall be kept clear and passable during the grading and construction phase of the project. 12. Sidewalks, curbs, gutters, paving and driveways which need replacing or removal as a result of the project as determined by the Department of Department of Environmental and Public Works Management shall be reconstructed to the satisfaction of the Department of Environmental and Public Works Management. Approval for this work shall be obtained from the Department of Environmental and Public Works Management prior to issuance of the building permits. 13. Vehicles haula.ng dirt or other construction debris from the site shall cover any open load with a tarpaulin or other secure covering to minimize dust emissions. 14. Street trees shall be maintained, relocated or provided as required in a manner consistent with the City's Tree Code (Ord. 1242 CCS?, per the spec~frcations of the Department of Community and Cultural Services and the Department of Environmental and Public Works Management No street tree shall be removed without the approval of the Department of Community and Cultural Services. 15 A construction period mitigation plan shall be prepared by the applicant for approval by the Department of Environmental and Public Works Management pr~.or to issuance of a building permit. The approved mitigation plan shall be posted on the site for the durataon of the project - 18 - construction and shall be produced upon request. As applicable, this plan shall 1) Specify the names, addresses, telephone r_umbers and business license numbers of all contractors and subcontractors as well as the developer and architect; 2} Describe how demolition of any existing structures ~.s to be accomplished, 3) Indicate where any cranes are to be located for erection/construction; 4} Describe how much of the public street, alleyway, or sidewalk is proposed to be used ir_ conjunction wit:7 construction; 5) Set forth the extent and nature of any pile-driving operations; 6} Desaribe the length and number of any tiebacks which must extend under the property of other persons; 7} Specify the nature and extent of any dewatering and its effect on any adjacent buildings; 8) Describe anticipated construction-related truck routes, number of truck trips, hours of hauling and parking location, 9} Specify the nature and extent of any helicopter hauling; 10) State whether any construction activity beyond normally permitted hours rs proposed; 11; Describe any proposed construction noise mitigation measures, 12) Describe construction-period security measures including any fencing, l~ghta.ng, and security personnel; 13)Provide a drainage plan; 14) Provide a construction-period parking plan which shall minimize use of public streets for parking, 15) List a designated on- site construction manager. 16. A sigr_ shall be posted on the property in a manner consistent with the public hearing sign requirements which shall identify the address and phone number of the owner and/or applicant for the purposes of responding to questions and complaints during the construction period. Said sign shall also indicate the hours of permissible construction work. 17. A copy of these conditions shall be posted in an easrly visible and accessible location at all times during construction at the pra~ect site. The pages shall be laminated or otherwise protected to ensure durability of the copy Environmental Mitigation 18. Ultra-low flow plumbing fixtures are required an all new development and remodeling where plumbing is to be added. (Maximum 1.6 gallon toilets and 1.(} gallon urinals and low flow shower head.) 19. Parking areas and structures and other facilities generating wastewater with significant oil and grease content are required to pretreat these wastes before discharging to the City sewer or storm drain system. - 19 - Pretreatment will require that a clarifier or oil/water separator be installed and maintained on site. In cases where settleable solids are present (or expected) in greater amounts than flaatable oil and grease, a clarifier unit will be requ-red Tn cases where the opposite waste characteristics are present, an oil/water separator with automatic cl draw-off will be required Instead. The Environmental and PUb~1C Works Management Department will set specific requirements Building Permit plans shall show the required installation. Miscellaneous Conditions 20 The building address shall be painted an the roof of the building and shall measure four feet by eight feet (32 square feet?. 2i If any archaeological remains are uncovered during excavation or construct~.on, work in the affected area shall be suspended and a recognized specialist shall be contacted to conduct a survey of the affected area at project's owner's expense. A determination shall then be made by the Director of Planning to determine the significance of the survey findings and apprapr~.ate actions and requirements, if any, to address such findings. 22. Street and/or alley lighting shall be provided on public rights of way adjacent to the project if and as needed per the spec3f~catians and with the approval of the Department of General Services. 23. The operation shall at all Mmes be conducted in a manner not detrimental to surrounding properties or residents by reason of lights, noise, activities, parking, or other actions 24. All deliveries and trash dumping shall be conducted between 8.00 am and 11::00 pm. Trash containers shall be secured with locks. All deliveries shall be from the parking area with no deliveries permitted from Vicente Place or Ocean Avenue. 25. Mechanical equipment shall not be located on the side of any building wha.ch ~s adjacent to a residential building on the ad~o~.ning lct Roof locations may be used when the mechanical equipment is ins~alled within a soundrated parapet enclosure. 26. Final approval of any mechanical equipment installation will require a noise test in compliance with SMMC Section 4 12.040. Equ=pment for the test shall be provided by the owner or contractor and the test shall be conducted by the owner or contractor. A copy of the noise test results on - 20 - mechanical equipment shall be submitted to the Community Noise Officer for review to ensure that noise levels do not exceed maximum allowable levels for the applicable noise zone. 27 Final building plans submitted for approval of a building permit shall include on the plans a list of all permanent mechanical equipment to be placed outdoors and all permanent mechanical equipment to be placed indoors w:nich may be heard outdoors. 28. Pursuant to Municipal Code Section 9 04 10.02.420, a sign small be pasted stating that the establishment is limited to 74 seats. The sign shall be a minimum of twelve inches by eighteen inches, and shall be posted by the restaurant entrance of other such location as required by the Zoning Administrator. Validity of Fermits 29 In the event permittee violates or fails to comply with any conditions of approval of this permit, no further permits, licenses, approvals or certificates of occupancy shall be issued until such violation has been fully remedied. 30 Within ten days of Planning and Zoning Division trar_smittal of the approved Statement of Official Action, project applicant shall sign and return a copy of the Statement of Official Action prepared by the Planning and Zoning Divisior_, agreeing to the Conditions of approval and aeiznowledg~ng that failure to comply with such cond~t~ons shall constitute grounds for potential revocation of the permit approval. By signing same, applicant shall not thereby waive any legal rights appli- cant may possess regarding said conditions. The signed Statement shall be returned to the Planning and Zoning Division. Failure to comply with this condition may constitute grounds for potential permit revocation. 32. Thrs determination shall not become effective for a period of fourteen days from the date of determination or, if appealed, until a veinal determination is made on the appeal Any appeal must be made in the form required by the Zoning Administrator. The approval of this permit shall expire 18 months from the permit's effective date, unless, in the case of new development, a building permit has been obtained prior to the expiration of this approval a.n order to exerca.se the rights granted by this approval. This permit shall also expire if the building permit expires ar if the rights granted under this approval are not exercised within one year following the earliest to occur of the following: issuance of a Certificate of - 21 - Occupancy or, if no Certificate of Occupancy is required, the last required final inspection far the new construction. In the case of a change of use, the business license must be obtained and the use in operation prior to the permit expiration date. One six month extension of the 18 month period may be permitted if approved by the Director of Planning. Applicant is on notice that time extensions may nit be granted zf development standards relevant to the project have become more restrictive since project approval. 33. Within thirty (30) days after final approval of the project, a sign shall be posted on site stating the date and nature of the approval. The sign shall be posted in accordance with the Zoning Administrator guidelines and shall remain in place until a building permit is issued for the project. The sign shall be removed promptly when a building permit is issued far the project or upon expiration of the Conditional Use Permit. ALCOHOL OUTLET CONDITIONS 34. The primary use of the premises shall be for sit-down service to patrons Alcohol shall nit be served to persons except those intending to purchase meals. 35. Parking lot Illumination shall be provided and maintained. Lighting shall be designed to minimize glare impacts to adjacent residential units. 36. The owner shall nrohibit loitering in the parking area by both patrons and valet attendants and shall control noisy patrons leaving the restaurant 35. The premises shall maintain a kitchen or food-serving area in which a variety of food is prepared and cooked on the premises. 37. The premises shall serve food to patrons during all hours the establishment is open far customers. 38 Seating arrangements for sit-down patrons shall not exceed 74 seats. There shall be no separate bar area 39 Take out service shall be only incidental to the primary sit-down use 40 No alcoholic beverage shall be sold for consumption beyond the premises 41. No dancing or live entertainment shall be permitted on the premises. - 22 - 42. There shall be no outdoor dining area permitted without amendment of this approval. 43 The permitted. hours of operation are Sunday through Thursday, 2.00 pm to 11 pm, when the last patron may be seated, with complete restaurant closure by midnight. The permitted hours of operation on Friday and Saturday are 2 00 pm to midnight, when the last patron may be seated, with complete restaurant closure by 1.00 am. 44. 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 far review and approval. The plan shall address both physical and operational secur~.ty issues. 45. 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 sta~.e 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 46. 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. Construct~.or, shall be in substantial conformance with the plans submitted or as modified by the Planning Commission, Architectural Review Board, or Director of Planning. No expansion a.n number of seats, intensity of operation, or outdoor areas shall occur without prior approval from the City of Santa Monica and State ABC. 47 Except for special events, alcohol shall not be served in any disposable container such as disposable plastic or paper cups. 48 No video or other amusement games shall be permitted on the premzses. 49 Any minimum purchase requirement may be satisfied by the purchase of beverages or food. - 23 - 50 No more than 350 of total gross revenues per year shall be fro-n alcohol sales The operator shall maintain records of gross revenue sources which shall be available to the City of Santa Monica and the State ABC upon request. 51. W~.th~r: thirty i30} days from date of the approval of the Statement of Official Action, the applicant shall provide a copy of the approved Statement of Official Act~.on for this project tc the local cffice of the State Alcoholic Beverage Control department. 52. This permit shall expire 18 months from the effective date of approval unless required ABC permits are obtained. One one-year extension of the cne year period may be permitted if approved by the Director of Planning Applicant is on nctice that an extension may not be granted if development standards relevant to the project have changed since project approval. 53. Applicant is on notice that all temporary signage is subject to the restrictions of the Czty sign ordinance. 54. Any new restaurant at the site with fewer than 50 seats capacity shall install a grease interceptor with m~nzmurn 750 gallons static holding capacity in order to pretreat sewered grease. Facilities with greater than 50 seats are required to install arm interceptor with 104Q gallons minimum holding capacity The Environmental and Public works Management Department may modify the above requirements only for good cause. Specifically, the facility must demonstrate to the satisfaction 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, grease traps will be required in the place of an interceptor. Building Permit plans shall show the required installation. Special Conda.t~ons 55. No valet drivers shall ut~l~ze Vicente Terrace nor Vicente Terrace North alley west of the subject site. The valet parking circulation plan shall be subject to the approval of the Director of Planning, the Parking and Traffic Engineer and the C~ief of Police 56. IvTo patrons shall be permitted to wait outside the restaurant. In the event the restaurant is full, arriving patrons shall not be permitted to wait outside the restaurant until seating is available Restaurant patrons - 24 - preparing to leave shall wait ~.nside the restaurant until their vehicle is available. Restaurant staff shall notify patrons when their vehicle is ready. 57. There shall be no loading or unlaading of passengers in the alley. All passenger loading or unloading shall occur in the parking lot unless a valet parking zone is approved by the rJirector of Planning, the Parking and Traffic Engineer, and the Chief of Police. 58. All winciaws at the rear of the restaurant shall be dual glazed. 59 The doors at the rear of the restaurant will be made of thick, sound resistant materials and w111 be kept closed at all times. The side emergency daar will be kept closed at all. 4imes, except in an emergency. 60. The front door shall have a moveable door/sound baffle to direct all sounds and patrons away from the residences and towards Ocean Avenue Sound absorbing materials {e.g. curtains) shall be hung inside the front door to minimize noise from arriving and departing customers. 61. A fee may be charged to patrons for use of the valet parking. 62 Valet parking shall occur only at private parking lots There shall be no valet parking permitted on any street or alley unless approved by the Parking and Traffic Engineer, the Director of Planning, and the Chief of Police. The location, hours, and number of on-street valet spaces shall be carefully evaluated 1n regards to noise impacts to residential uses and loss of on-street parking spaces. 63. Prior to issuance of any building permits, the applicant shall provide a lease agreement demonstrating provision of at least three off-site parking spaces which are located within x.000 feet of the subject site. Should the spaces referenced at the time a Building Permit is issued subsequently be no longer available, the operator shall submit proof to the Director of Planning that at least three spaces at another site within 1000 feet have been secured to meet this condition. 64. The parking lot shall be posted with conspicuous signage cautioning patrons to be respectful of neighbors by avoiding unnecessary noise. 65 All restaurant staff will be trained to caution late departing customers to be respectful of neighbors by avoiding unnecessary noise - 25 - 66. All guest receipts will include a written warning to caution patrons to avoid unnecessary noise outside the restaurant. 57. Prior to issuance of a building permit, the applicant shall send certified letters to the owners of abutting property with an offer to double-glaze windows facing the restaurant, and indicate that a response is required within 45 days. A copy of each letter shall be sent to the City For any property owner requesting this measure, the work shall be completed and verified by a City inspection prior to issuance of a Certificate of Occupancy. 68. Any fireplace installed on the site shall be equipped with a smoke filtration system to minimize this type of emission; venting systems from the working area shall be equipped with smoke and odor filtration systems. 69. If at any time after approval of these permits, the applicant no longer has exclusive use of the adjacent parking lot during the hours of operation, the applicant shall submit a plan to the Director of Planning and Community Development demonstrating that adequate parking will be proved. After review of the plan, the Director of Planning and Community Development may determine whether an amendment to the Conditional Use Permit or Variance will be required. Prepared by: Suzanne Frick, Director D. Kenyon Webster, Planning Manager Susan Healy Keene, Assistant Flanner Planning and Community Development Department Attachments: A. Appeal Statement of the applicant, Bruce Marder B. Appeal Statement of Stephanie Barbanell C. Notice of Public Hearing D. Radius and Location Map E. Planning Commission Staff Report dated 1/10/96 F. Planning Commission Statement of Official Action dated 1/10/96 G. Letters from Stephanie Barbanell to staff dated 11/17/95 and 1/12/96 an opposition to proposal with response from staff dated 1/17/96 H. Petitions requesting specific conditions from residents of Vicente and Seaview Terraces dated 11/17/95, 11/20/95, - 26 - 11/21/95 and 12/13/95. I. Letters from applicant`s attorney, Jonathan Horne, to staff, dated 11/28/95 and 12/13/95, with enclosures from J.B. Consulting Associates, dated 12/12/95 and Environmental Comfort Systems, Inc., dated 12/11/95, and letter to Planning Commission dated 1/8/96 J. Letters in support of proposal to Planning Commission from Elaine Anderson, dated December 1, 1995 and Ernie I~Telson, dated 1/10/96 K. Photographs of Site and Surrounding Properties L. Plot Plan, Floor Plans and Elevations SHK f:\plan\share\council\strpt\cup95022 - 27 - A~'~'ACI~E~' A Citv of Santa Monica Department of Planning and Community Development Planning 8nd Zoning Division {310) 45$-8341 APPEAL FORM FEE: $1D0.00 ~ ,- _ r Name ~ ~ i";, : Y i t-t,~~," ~~ ~,I'~ z~- r~ ~~ ~ ~ f ~ Address ~~ r ~ f L j . i ~f C ~~ ~ ~ -~ f ;~ ~ ~ , Contact Person ~ ;., `'' ~ Date filed r ~~ ~~ ~ Receaved,B~ ~ ~~~ -~~. Receipt No ~t:.,~_t _ +~ ? ;r- ~~- ''' ~C S Phone Please descnbe the protect and decision to be appealed ~- Case Number Address Applicant Original Hearing Date Onginal Acton Please state the specific reason(s) for the appeal Please provide two self-add d, stamped, letter-sized envelopes, - - ~~~~~ Signature ~~ i ~ ~- (12 ~ Date ~~/~`~. ~'`" ~,y ~ •h., ;il~i 1.lfiia January 24 , 1996 li~nil<< va HAND-DELIVERED 5u,~r Susan Healy Keene ;~~~ Acting Associate Planner Planning Division ' `pia CYty of Santa Monica ~I~,n~~a i 31i~~~rnc:: 1685 Main Street au-~~~1 Santa Monica, California 90401 Re: 95 VAR 029 95 CUP 022 1810 Dcean Avenue Dear Susan: The applicants for the above--referenced permit hereby appeal the decision of the Planning Commission. Specifically, the applicants appeal the hours of operation approved by the Planning Commission. The applicants would like to extend the approved hours of operation by one hour each day. T appreciate your courtesy and cooperation. il~~ ;~~~ u;y~ I °~ ~'. 11 i 1'1 gG~J4 Very rtruly ~raurs, -~ ! ~ - r ~~-~~ /~ JON~l'HAN S. HORNE i 1 k ~} 1 ~~~ 030 ATTACI~E' B ~' ~` 0 3 t City of Santa Monica Department at Planrnng and Commundy Development Pianning and Zoning Division (310}458-8341 APPEAL FORM FEE: $100.DQ Date died Rece+ve~`t3y Receapt No ~%~~/~~ /a~~~ /,~ ~ POr7f7 ~/ Name ~ ~ ~ ~ ~1 ~ lr'L t ~.~~ ~ u" b ~ i'i ~_ Address ~ fi ~~~~" ~++ v + c=-z.~.j ~ +~- Contact Person ~-~~ ~~t ~~ Please describe the project and dec~s+on to be appealed Phone -_~ 1 b ~ ~f S l - ~? ~ ~ ~. Case Number ~' ~ ~ r,~ -c~ ~-~ ~ ~ Ce~,,~ o~,,,`Cs~ ~(~~' - p a Address ~ Q M G ~~r~ i3 -~-~_ ~-~- Appl~cant ~z~ ~~ ~ ..~~ ~ s~_..- Ongmat Heanng date ', ~ i ~ (~i ~ Ong+nal Action ~~ ,~~~ ~-~.~ ~~ Pleas ~tai~ the specific reasorr[s) for the appeal S ~-~ ~k~ ~, ~ ~~ r,,2.~ ~ ,..~ ~~, :1 ~'!,~ ..~,(.o /.1.~,c-ter ~_ /~~o_ , i~ ~., ~ n mss, ~_ . YYl~ ~/. b, .~. /i l1~ ~~-~ -~ Gu,~...x.~~'~r1~-,Pv .--~fc.~ ~ ~ nom. 7-n ~. s~. rJl-~ a 7 r ~~,~.1'~' l D . - - - - - . -- ~ - r y![ f ~l ~ ~ _ K s: f L./ l .s/. _~ 5i-FIJI 'i~~` ' ' (f i Please provide oself-addressed, stamped, letter-sized envelopes. I~~ ~3~ S+gnature ~ _ ' " ~ Date ~_ r ~~ ~1,' ~~ ~. ~ ~; n ~~, ` ~ , ~; ~, v'~ ~~., , 4, f \1 r , 124FJ6 TO SANTA MONICA CITY COUNCIL, ,CITY PLANNERS, AND THE ALCOHOL BEVERAGE CONTROL DEPARTMENT FROM STEPHANIE BARBANELL RE APPEAL THE CONDITEDNAL USE PERMIT FOR A RESTAURANT WITH A TYPE 47 (FULL LIQUDR ~~ LICENSE AT 7810 OCEAN AVE UNLESS ALL NEiCaHBORHODD PROTECTIVE CONDITIONS ARE ATTACHED CETY AND STATE PERMITS AND LICENSES IN ORDER TO ENSURE NON- INTERFERENCE WITH THE QUIET EN.IDYMENT OF RESIDENCES AND SO THAT THE PUBLIC HEALTH, SAFETY ,AND WELFARE OFTHE NEIGHBORHOOD IS PROTECTED REASONS FOR THE APPEAL 1 THE PLANNING COMMlSIONERS ABUSED THEIR DISGRESSIONARY POWERS ANq VIOLATED CITIZENS' RIGHTS TO DUE PROCESS BY NOT GRAN7WG THE OPPOSITION EQUAL TIME TO STATE THEIR CASE THEY ACTED IN A BIASED AND NEIGHBOR INSENSATIVE MANNER 2 THE DECISION OF THE Pt~.NNtNG COMMISSION WAS ARBITRARY AND NOT BASED ON FtNDtNGS OFTHE FACTS OFTHAT WERE PRESENTED 3 THE PUBLIC HEALTH SRFETY AND WELFARE OF THE NEIGHBORS LIVING WITHIN 500 FEET ARE NOT PROTECTED BY THE CONDITIONS THAT HAVE BEEN PLACED ON THIS LICENSE WITH REGARD TO NOISE, HOURS OF OPERATION. AND PARKING AND TRAFFIC CIRCULATION PATTERNS AND THE REDUCED PARKING VARIANCE SEVERAL OF T1iE CDNDITIONS ARE SIMPLY VAGUE AND UNENI=ORECEABLE 4 THE CITY ALCOHOL ORDINANCE HAS BEEN VIOLATED IN THAT UNDUE CONCENTRATION OF ALCOHOL OUTLETS ALREADY EXISTS IN THE AREA A5 DEFINED BY THE ALCOHOL BEVERAGE CONTROL DEPARTMENT i!1 (r O THE FOLLOWING !S THE ANATOMY OF HOW PU6L1C SAFETY PROBLEMS !N AN AREA OCCUR. BACKGROUND STATEMENT l GROUNDS FOR APPEAL IN 1985, THE CITY OF SANTA MONICA, (CITY), ADOPTED ITS ALCOHOL CONDITIONAL USE PERMIT ORDINANCE IN RECOGNITION OF THE "OVER CONCENTRATION," Oi= ALCOHOL OUTLETS THAT EXISTED AT THAT TIME WITHIN THE CITY EMBODIED IN THAT ORDINANCE 15 THE ACKNOWLEDGEMEN T THAT THERE IS A "CAUSAL CONNECTION BETWEEN THE PROLIFERATION OF ALCOHOL OUTLETS AND CRIME" NEVERTHELESS, SINGE 1985 OVER 234 NEW ALCOHOL OUTLETS HAVE BEEN APPROVEDINCLUDING ONE FOR A DISHWASHENG ROOM 51GNIFICANTLY. SINCE THIS ORDINANCE TOOK EFFECT. NOT OI+~;t ALCOHOL OUTLET HAS EVER HAD ITS ALCOHOL CONDITIONAL USE PERMIT ~CUPI.REVOKEC?. IN 1991, THE STATE OF CALIFORNIA ALCOHOL BEVERAGE CONTROL DEPARTMENT,~ABC). DETERMINED THAT CENSUS TRACT 7019, (WHOSE BORDERS ARE WILSHIRE TO THE NORTH, PICO TO THE SOUTH ,LINCOLN TD THE EAST, AND THE PACIFIC OCEAN TO THE WEST), WAS AN AREA OF UNDUE CONCENTRATION OF ALCOHOL OUTLETS AS DEFINED BY RULE B1 3 SEC 23958, OFTHlr BUSINESS AND PROFE5510NS CODE UNDER RULE B1 3 THE CRITERIA FOR UNDUE CONCENTRATION OF ALCOHOL OUTLETS 15 MET WHEN A GIVEN CENSUS TI=TACT HAS A PROLIFERATION OF ALCOHOL OUTLETS IN AN AREA WHOSE CRIME REPORTING DISTfiICT IS 20% ABOVE THE AVERAGE CRIME RATE AS COMPARED WITH OTHER CRIME REPORTING DISTRICTS CITYWIDE IN 1993, IT WAS DEfERM11•iEDTHAT SANTA MONICA POLICE DEPARTMENT ,3;SAAPD}, CRIME REPORTING IaISTRICT BEAT 2 IN WHICH THIS PROSPECTIVE RESTAURANT IS LOCATED, WAS AN AREA WITH 54 % ABOVE THE AVERAGE CRIME RATE AS COMPARED TO THE OTHER CRIME BEATS CITYWIDE THOUGH THE STATE HAS DETERMINED THAT CENSUS TRACT 7419 SHOULD HAVE B ALCOHOL OUTLETS. IT 1S PROLIFERATED WITH 134 ALCOHOL OUTLETS fN AN 6 MILE AREA WHE# UNDUE CONCENTRATION EXISTS IN A GIVEN AREA. AS IT DOES IN CENSUS TRACT 7019. THE ABC HAS THE POWER TO WITHOLD ANY FURTHER ALCOHQL LICENSES IN 1992, THE SANTA MONICA CITY COUNCIL WAS TO REVISIT THE CITYWIDE ALCOHOL POLICY THEY WERE ~'O CONSIDER SUCH ISSUES AS THE PREPARATION OF CRIME STATISTICS BY CENSUS TRACT, THE INCLUSION DF ALCOHOL INVOLVEMENT DOCUMENTATION DN POLICE INCIDENT REPORTS, THE REQUIREMENT THAT ALCOHOL CUPS GO WITH THE OPERATOR AND NDT WITH THE PREMISES. AND THE ESTABLISHMENT OF CITY DEFINITIONS OF UNDUE AND OVER CONCENTRATON DF ALCOHOL OUTLETS IN ORDER TO CLARIFY THE ENACTMENT OF THE CITY ALCOHOL C U P ORDINANCE THE CITYWIDE ALCOHOL POLICY WAS SCHEDULED TO BE HEARD IN OCTOBER OF 1992.JUST PRIOR TO CITY ELECTIONS IRONICALLY, THE ALCOHOL POLICY HEARING WAS BUMPED IN ORDER TO APPROVE TWO NEW ALCOHOL SERVING NIGHTCLUBS ON THE CITY OWNED. "FAMILY ORIENTED," SANTA MONIGA PLEASURfr PIER LOCATED IN CENSUS TRACT 7015 AND ZONED, RVG, RESIDENT, VISITOR. COMMERCIAL SERVING D15TR1CT WITH THE ~~ 03~ APRROVAL OF THESE NfGHTCLUBS 1000 MORE SEATS WERE ADDED TO THE EXfSTING 1500 SEATS WHERE ALCOHOL COULD BE SERVED AT THAT TIME , 4 OUT OF THE 7 EXISTING PIER ALCOHOL OUTLETS HAD SOLD TO MINORS ONE ' RESTAURANT" ON A MONTH TO MONTH LEASE, HAD SOLD TO MINORS 4 TIMES T4-4AT ALCOHOL OUTLET k5 STILL kN OPERATION TO THIS DAYS WITH THIS MUCH ALCOHOL AVAILABILTY ON THE PIER ,ONE MIGHT CONSTRUE THAT IN THIS CITI'. PLEASURE COMES IN A BOTTLE AND FAMfLIES NEED TO DRINK ALCOHOL IN ORDER TO TO ENJOY THE OCEAN CERTAINLY THE CITY HAS NOT ACTED AS A RESPONSIBLE LANDLORC TWE CITY COUNCIL WAS NEVER REVISITED THE CITYWIDE ALCOHOL IN ALL TIitS TIME. WHYS DOESN'T THIS CONSTITUTE A FAILURE TO THE PUBLIC SAFETY AND WELFARE OF RESIDENTS AND VISITORS ALIKE? YES IT DOES! IN 1993 THE MASTER ENVIRONMENTAL ASSESSMENT (MEA) PLAN WAS CLEATED ITS PURPOSE WAS TO, ON AN ANNUAL BASIS, QOGUMENT THE BASELINE STATUS OF THE CITY"S INFRASTRUCTURE TD THAT END, THE FOLLOWING INFORMATION ABOUT ALCOHOL LAND U5E WA5 INCLUDED THE NAMES AND ADDRESSES OF ALL ALCOHOL OUTLETS CITYWIDE BY TYPE . (47-FULL LIQUOR, 42- BEER AND WINE, 48-BARS, ETC ), THE NUMBER OF SEATS AT THESE PREMSES, AND MAPS THAT INDICATE THE LOCATIONS OF ALL THE OFF- SALEAND ON-SALE OUTLETS, GITYWIDE CURRENTLY. ACCORDING TO 7HE MEA. THERE ARE 324 ALCOHOL OUTLETS AND APPROXIMATELY 30.000 TO 40.000 SEATS WHERE ALCOHOL MAY BE SERVED IN THE 8 MILE SOURRE AREA THAT COMPRISES TWE CITY LIMITS DF SANTA MONICA IN FACT, SANTA MONIGA RANKS IN THE 70P 3 CITIES IN TWE COUNTY FOR DENSITY OF ALCOHOL OUjI<ETS 1 RESIDENTS THAT'S A DUBIOUS DISTINCTION FOR A CITY THAT PRIDES ITSELF ON ITS PROGRESSIVE AND HUMANE PLANKING POLICIES. ON TWE ONE HAND WE CARE FOR THE WOMELESS. WHO ARE BY AND LARGE ALCOHOL AND OTHER DRUG ABUSERS. AND ON THE OTHER HAND. WE CREATE AN ENVIRONMENT SO SATURATED WITW ALCOWO~, OUTLETS THIN ONE CAN GET A DRINK EVERY WEI=KENO FOR 5 YEARS AND NEVER RETURN TO THE SAME PLACE TWICE! CONSIDERATION POINTS:PROXIMITY TO RESIDENTIAL SREETS AND A PUBLIC HIGH SCHOOL THE ABC RULE 61 4. SEC, 25750, OF THE BUSINESS AND PROFESSIONS CODE ALSO APPLlE5 THIS RULE STATES THAT NO ALCOHOL OUTLETS ARE TO f3E ALLOWED WITHIN 100 F(=ET OF RESIDENCES UNLESS THE NON- INTERFERENCE WITH THE QUIET ENJOYMENT OF THOSE RESIDENCES IS ESTABLISHED THln RESTAURANT IN G~UESTION AT 18100CEAN AVE IS THE FORMER SCfE OFTHE NOTORIOUS MUCKY DUCK, WHOSE ABC LICENSE WAS REVOKED AFTER REPEAT VIOLATfONS OF CONDITIONS PLACED ON IT BY THE ABC TO PROTECT THE NEIGHBORHOOD IT IS LOCATED IN CENSUS TRACT 7019 WHICH ALREADY CONTAINS 134 ALCOHOL OUTLETS ~, F> !~ 3 5 IN A 6 M1LE AREA WITHIN TWO BLCICS OF THE ONLY PUBLIC H[GH SCHOOL IN THE CITY LIMITS THE RESTAURANT IS IMMEDiATLY ADJACENT TO TWO RESIDENTIAL STREETS THE SIGNIFICANCE OF ADDING THE 135TH ALCOHOL OUTLET TO THE ENVIRONMENT SURROUNDING SANTA MONICA HIGH SCHOOL SHOULD BE SELF- EVIDENT THE SALE OF ALCOHOL TO MINORS IS THE SINGLE LARGEST CATEGORY OF ABC VIOLATIONS IN 1990, SANTA MONIGA POLICE VICE UNIT CONDUCTED A VERY SUCESSFUL DECOY PROGRAM IN WHICH UNDERAGE CADETS WERE SENT TO 200 DIFFERENT ALCOHOL OUTLETS CITYWIDE IN ORDER TO ATTEMPT TO PURCHASE ALCOHOL THOUGH WARNED A7 LEAST 100 OF THOSE OUTLETS SOLD TO MINORS-69 OF THE ALCOHOL OUTLETS WERE RESTAURANTS AND MOST OF THEM HAD TYPE 47 LICENSES THAT PERMIT THE SALE OF ALL DfSTILLED SP1R1T5 AND THAT PERMIT PERSONS UNDER 21 TO BE ALLOWED ON THE PREMISES (THE OPERATORS OF 1810 OCEAN AVE PREMISES ARE SEEKING A TYPE 47 LICENSE l THE DECOY PROGRAM 1S THE 51NGULARLY MOST EFFECTIVE DETERRENCE IN THE PREVENTION OF SALES TO MINORS iN ALCOHOL OLfTLETS THOUGH RECENTLY CHALLENGED fN THE COURTS. THE DECOY PROGRAM WAS UNANIMOUSLY UPHELD IN THE STATE SUPREME COURT AS CONSTITUTIONAL WHEN WILL THE CITY TAKE lT5 OWN APPROPRIAjE ACTIONS TO PREVENT UNDERAGE DRINKING? THESE ACTIONS SHOULD INCLUDE. {1) INCREASING THE VICE UNIT FROM 2 TQ 6 OFFICEFjS TO MONITOR THE 324 ALCOHOL OUTLETS 7 pAY5 A WEEK (2) ESTABLISHING A PERMANANT DECOY PROGRAM SEVEN DAYS A Y~CF~.K~ {3) RIDDING THE CITY OF ALCOHOL OUTLETS THAT REPI=ATEDLY SELL TO MINORS. f4] EXCERGISING ItS DISCRETIONARY POWERS TO WITHOLD NEW ALCOHOL OUTLETS IN A CITY THAT IS ALRI=ADY SATURATED ONCE A YEAR ON GRAD NIGHT THE BOARD OF EDUCATION SHIVERS IN ITS COLLECTIVE SHOES IN HOPES THAT ITS GRAD SURVfVE THE NIGHT WITHOUT BECOMING INTOXICATED ABG A DANGER TO THEMSELVES AND TO OTHERS THE BOARD'S 50LUTION IS APPROVAL OF THE OVERNIGHT GAMBLING SHIP/CASINO ON CAMPUS (NO MATTER THAT THEY ARE ENDORSING THE PRACTICE OF ONE VICE FOR ANOTHER ) pURING THE REST OF THE YEAR, THERI= 15 NO EVIDENCE THAT THE SCHOOL BOAfiD TAKES ANY PUBLIC STANCE AGAINST THE PROLIFERATION OF ALCOHOL OUTLETS IN THE IMMEDIATE VICINITY OF ITS SCHOOLS THE SCH00L DISTRICT HAS REMAINED MUTE ON THE MATTER AND HAS SHOWN NO LEADERSHIP IN PROTECTING SCHOOL CHILDREN'S LEARNING ENVERONMENT THIS EXTENDS TO LEASING THE FORMER BOARD OF EDUCATION BUILDING SITE, THAT RESTS NEXT DN THE ATHLETIC FIELD OF THE HIGH SCHOOL, TO A HOTEL THAT CONTAINS NUMEROUS BARS AND MWf BARS AND HAS ALREADY MANAGEMENT IN ONLY 5 YEARS CONDITIONAL USE PERMITS GO WITH THE LAND NOT THE OPERATOR THE CUP THAT IS ISSUED TO A GNEN PREMISES GOES WITH THE PREMISES IN ~~ o3s PERPETUITY THE CHANGE IN OWNERSHIP IS ENIVITABLE BECAUSE THERE IS A 95 % TURN OVER RATE IN RESTAURANTS LEST ANYONE BECOMES TOO ENAMORED BY THE PROPOSED OPERATOR OF TIDE 1814 OCEAN AVE RESTAURANT . KEEP IN Iv11ND THAT THE WARM AND FUZZY OPERATOR WITH THE POLITICALLY CORRECT CONCEPT OF TODAY MAY INDEED FAIL THE OPERATION CAN THEN GRANGE HANDS, AND MAY ONCE AGAIN DEGENERATE INTO THE MUCKY DUCK OPERATION OF TOMORROW ALCOHOL APPROVALS ARE NOT AUTOMATIC RIGHTS. WHEN THE SATURATION OF AN AREA HAS BEInN REACHED. LAW ENFORCEMENT IS MAXED OUT. AND PARKING SHORTAGES IN THE AREA ARE EXTREMELY ACUTE. THEN ENOUGH HAS TO BE ENOUGH! POLICE SERVICE AND 7HE AGGRAVATION OF AN EXISTING POLICE ENFORCEMENT PROBLEM NDT ON NEW POLFC~ OFFICER WAS DEEMED NECESSARY IN THE POLICE SERVICE SECTION OF THE ENVIRONMENTAL IMPACT REPORTS, (E I RS) FOR THE FOLLOWNG PROJECT5 LOEWS HOTEL- 1985-86, SHUTTERS MOTEL- 1985-57, MAGUIRE THOMAS HOTEL AND OFFICE BUILDING- 19$7-$8. CIVIC CENTER SPECIFIC PLAN- 1991-94, AND THE BAYSIDIr DISTRICT PLAN- 1992-1996 ALL OF THESE PROJECTS ARE LOCATED IN CENSUS TRACT 7019 WITH REGARD TO THE PIER RESTORATION PROJECT - 1994-91, ALSO LOCATEDIN CENSUS TRACT 7019.ONLY 1 75 OFFICERS WERE ADDED TO DEAL WITH THE PUBLIC SAFETY DEMANDS OF THE PIER WHICH HA5 AN OCCUPANCY LOAD OF 67.000 PEOPLE, ACCORDING TO THE SANTA MONiCA FIRE MARSHALL ODDLY ENOUGH, THE DECISION MAKERS HAD SOLICITED THE FIRE MARSHALL°5 INFORMATION AND THEN BOTH THEY AND THE CITY PLANNERS SUMMARILY IGNORED fTS IMPLICATIONS WITH RESPECT TO PUBLIC SAFETY THE NATURAL CONSEQUENCES OF THE ABOVE MENTIONED INTENSIFICATION OF LAND USE SHOULD HAVE BEEN TO MAKE THESE DEVELOPMENTS THAT STOOD TO PROFIT MITIGATE THE INCREASES IN POLICE SERVICE DEMAND THAT WOULD RESULT AFTERALL, EACH AND EVERY ONE OF THESE PROJESCTS CONTAINS ONE OR MORE ALCOHOL OUTLETS AND WILL GENERATE UNESTIMATED AMOUNTS OF PEOPLE TO THE IMMEDIATE AREA POLICE EXPERTS NAVE EXPLAINED BEFORE CITY COUNCIL THAT THE DRAMATIC INCREASE IN GRIME IN THE BAYSIDE DISTRICT FOR EXAMPLE. IS THE DIRECT RESULT DF THE AMOUNT OF PEOPLE THAT CONCENTRATE IN THAT AREA AS A RESULT OF THIS FACT,,THE POLICE ,MADE A POLICY OF NOT ENDOR5ING THE APPROVAL OF THE 155UANCE OF ANY MORE ALCOHOL CUPS iN THAT AREA IN SPITE OF THAT POLICY, 61 ALCOHOL OUTLETS WERE PERMITTED IN A 37 ACRE STRIP, ALL WITH CUPS ISSUED SINCE 1985 AT LEAST 14 ALCOHOL OUTLETS HAVE SOLD TO MfNORS IN THE BAYSIDE DISTRICT SINGE 19~Q, ALL OF THOSEOUTLETS,ITMUST BE EMPHASIZED .ARE LOCATED IN CENSUS TRACT 7019 FROM 1991 UNTIL THE PRESENT, THOUGH WARNED tN A TIMELY MANNER DURING THE PUBLIC HEARING PROCESS OF EACH OF Tl-iESE LARGE SCALE PROJECTS Tl-!AT THE R{' V~~ POLICE SERVICE SECTION OF THE EACH OF THE RESPECTIVE EIRS WA5 NOT ADEQUATE AND REQUIRED MORE IN DEPTH ANALYSIS, THE CITY PLANNERS, THE DEVELOPERS AND THE MAJORITY OF THE CITY DI=CISfON MAKERS IGNORED THE GROWfNG ISSUE OF PUBLIC SAFETY THEY HAVE BEEN NEGLIGENT IN THEIR RESPONSIBILfTY TO PROTECT THE PUBLIC HEALTH, SAFETY AND WELFARE THEY KNOWINGLY PERMITTED THE CRITICAL TIME FOR PROACTIVE PLANNING TO PASS CRIME IMPACT FEES. OR OTHER MITIGATION MEASURES WERE NOT CONSIDERED BECAUSE PROBLEMS WITH PUBLIC SAFETY INFRASTRUCTURE WERE NDT IDENTIFIED OR STUDIED AND NO VISITOR POPULATION ESTIMATES WERE UNDERTAKEN IN ORDER TO QgLCULATE THE NEED FOR ADDITIQNAL POLICE SERVICE. IGNORING THE Q~OBLEM DID NOT MAKE, IT GO AWAY! !N THE CITY OF SANTA MONICA, ANOTHER MAJOR MEANS OF DETERMINfNG POLICE SERVICE NEEDS IS BY THE FOLLOWING RATIO TWO POLICE OFFICERS FOR EVERY 1000 RESIDENTS BETWEEN ~98D AND 1990 CENSUS, THE RESIDENT POPULATION OF SANTA MONICA DROPPED FROM APPROXIMATELY 89.000 TO 56,000, YET THE NUMBER OF POLICE fNCRFASED WHYS BECAUSE THOUGH THERE HAS NEVER BEEN ANY SERIOUS EXAMINATION OF THE IMPACT OF V!SlTOR POPULATION ON 7HlS CITY'S PUBLIC SAFETY NEEDS. OUR CITY SWELLS TO 300'000 PEOPLE ON THE WEEKEN0.S 300,D00 PEOPLE C~ 2 OFFICERS / 1000 =600 POLICE OFFICERS NEEDLESS TO SAY, THE PUBLIC E5 NOT ADEQUATELY PROTECTED AND fT BEARS REPEATING THAT IGNORING THE PROBLEM OF THE IMPACT OF VISITOR POPULATION ON THE POLICE SERVICE HAS CERTAINLY NOT MADE THE NEED FOR POLICE SERVICE DIMINISH MORE POLICE ASE NOT SIIyAPLY HIREQ t~ECAUSE WE NEED THEM -- WE MUST BE ABLE TO PAY FOR THEM. SO, iT !5 NOT SURPRISING THAT WHEN, IN THE 1991-92 BUDGET, fT WA5 DEEMED NECESSARY TO HIRE 20 NEW OFFICERS. RATHER THAN PAYING FOR THEM THROUGH THE GENERAL FUND THE DECISION MAKERS LEVIED AN INCREASED IN THE PROPERTY EXGIS~ TAX BASED DN THIS TAX, ONE CAN ONLY CONCLUDE THAT THE CITY DECISION MAKERS THOUGHT THAT IT WAS PROPERTY OWNERS WHO WERE THE MAJOR PERPETRATORS OF CRIME ON THE OTHER RESIDENTS AND VISITORS OF SANTA MONICA THIS A55UMPTION IS OBVIOUSLY FACETIOUS THE MAIN REASON FOR THE NEED FOR MORE POLICE WAS THE INCREASED VISITOR POPULA710N AND THir FAILURE OF PLANNERS AND DECISION MAKERS TO PLAN FOR THE IMPACTS OF INCREASES IN VISITOR POPULATION ON PUBLIC SAFETY SERVICES MITIGATION MEA5URES SHOULD HAVE BEEN DEVISED OR ALTERNATE PROJECTS OF A SMALLER SCALE SHOULD HAVE BEEN SELECTED DETEAMING THE ENVIRONMENTAL IMPACTS IN ADVANCE OF LARGE SCALE DE`JELOPMENT AND MITIGATING ACCORDINGLY, AFTRERALL. IS THE WHOLE IDEA BEHIND RESPONSIBLE DEVELDPMENT AND LAND USE PLANNING ON THE CONTRARY. THE CITY'S DONT ASK DON'T TELL POLICY OF PUBLIC PLANNING THAT PROMOTES APPROVAL NOW - SEE WHAT HAPPENS LATER, IS RECKLESS,IRRESPONSIBLE AND OBVIOUSLY VERY COSTLY TO US ALL WHILE THERE HAS BEEN A CONCIQUS PLAN TO BECOME A REGIONAL, NATIONAL AND INTERNATIONAL TOURIST DESTINATION -THERE HAS BEEN A CONS}STENT FAILURE TO ~t~ ~~~ PLAN FOFi THE REGIONAL ,NATIONAL, AND INTI=RNATIONAL PUBLIC SAFETY NEEDS OF THE Vi51TOR POPULATION TO THi< CITY THIS FAILURE HAS ALREADY HAD DIRE CONSEQUENCES ALREADY TI-{E POLICE REPORT SKIFiMlSHES AT VARIOUS NIGHTCLUBS THAT REf]UIRE FULL DEPLOYMENT OF ALL AVAILABLE POLICE UNITS FOR HOURS AT A TIME,WHILE THE REST OF THE CITY LAYS VULNERABLE DISTRACT AND ATTACK CRIMES ARE ON THE RISE IT IS WRONG THAT THE WHOLE CITY HAS TO PAY FOR THE PUBLIC HEALTH. AND SAFETY PROBLEMS CAUSED BY THE TYPE OF HIGH RISK ALCOHOL LAND USE THAT ATTRACTS LARGE CROWDS AND CONTINUES TO ~E PERMITTED UNABATED IN TH15 CITY CRIME IMPACT FEES SHOULD BE EXACTED FROM THOSE PREMISES THAT WILL NECESSARILY REQUIRE MORE POLICE AND EMERGENCY SERVICES FO~i THE VISITOR POPULATION THEY ATTRACT IN 1993 . ~ YEARS AFTER THE OPEf~ING DF THE WILDLY SUCCE55FUL 3RD STREET PROMENADE, A SPECIAL DOWNTOWN UNIT COMPRISED OF SEVEN NEW OFFICERS WAS ESTABLISHED AND TEMPORARILY FUNDED TO RESPOND TO THE BURGEONING CRIME IN THE DOWNTON AREA - PARTICULARLY. THE DRUG TRAFFICKING IN THE PALISADES PARK ADJACENT TO THE PIER THAT UNIT WAS ESTABLISHED SO THAT RAPID POLICE RESPONSE TIME fN OTHER PARTS OF THE CITY COULD BE MAINTAINED CONVERSLY, POLICf< OFFICERS WOULD WOULD NO LONGER BE PULLED FROM OTHER PARTS OF THE CITY TO RESPONDS TO THE FREQUENT CALLS TO SERVICE EN THE DOWNTOWN AREA THAT UNIT WA5 DESPARATELY NEEDED TO DEAL WITH THE INCREASED VISITOR POPULATION AND THE ATTENDANT CRIME IN THE DOWNTOWN AREA JUST REMEMBER HOW THE DOWNTOWN MERCHANTS IN THE 3RD STREET PROMENADE AREA CRIED OUf FOR EXTRA POLICE PRESENCE THAT POLICE PRESENCE SHOULD HAVE BEEN ANTICIPATED, FUNDED, AND IN PLACE LONG BEFORE KEEP IN MIND. THAT THIS SPECIAL UNIT WHICH HAS RECENTLY BEEN CREDITED WITH REDUCING CRIME BY $0 % IN THE DOWNTOWN AREA. IS NOT YET PERMANANTLY FUNDED AND HAS BEEN COVERED BY OVERTIME OFFICERS FOR THE PAST 2 YEARS THIS 15 BECAUSE THE POLICE BUDGET REQUEST TO MAKE THE UNIT PERMRNANT WAS DENIED THIS UNIT IS NOT YET DEALING WITH THE THE IMPACT OF THE FULL INFLUX OF PEOPLE WHn WILL BE COMING TO THIS AREA AS A DIRECT RESULT OF THE FUN zONE .THE EXPANDED BAYSIDE DISTRICT, AND THE EXPANDED CIVIC CENTER PROJECTS THAT 1-iAVE BEEN APPROVED IN TFiE A&SENCI= OF ADEQL}ATE PUBLIC SAFETY PROVISIONS IN SHOAT. WE HAVE BEEN LIVING BI<YOND OUR PUBLIC SAFETY MEANS FOR A VERY LONG TIME TO PARAPHRASE POLICE SARGENT STEVE BRACKETT. REGARDING POLICE SERVICE IN THE 5DUTH BEACH / DOWNTOWN AREA AND THE APPROVAL OF SINBAD'S NIGHTCLUB ON THE PIER. "WE'RE MAXED OUT." FUTHERMORE, EVEN WITH 27 NEW POLICE OFFICERS, (SMPD HAS ABOUT 2D0 SWORN OFFICERS}, THERE ARE STILL ONLY TWO VICE OFFICERS SPECIALIZED IN ALCOHOL LAWS AND WORKING WITH THE ABC, TO MOINTDR THE EXISTING 324 ALCOHOL OUTLETS THE VICE DETAIL iS CURRENTLY TUESDAY THROUGH SATURDAY PRESUMABLY NO ONE ;• 0 3 ~ OVER DRINKS AND THERE ARE NO ALCOHOL RELATED INCIDENTS ON SUNDAY AND MONDAY OF COURSE THIS PRESUMPTION 15 FALSE THE VICE UNIT , AN EXTREMELY LIMITED POLICE RESOURCE ,LACKS THE COVERAGE TO BE SPREAD ANY THINNER DUE TO LIMITED RESOfJRCES_ THE POLICE DO NOT ENFORCE THE CONDITIONS ON ALCOHOL CUPS EITHER -- THAT TASK HAS BEEN ~~LEGATED TO THE CITY'S ZONING INSPECTORS THE RECENT 50 °o INCREASE IN THE NUMBER OF SANTA MONIGA ZONING INSPECTORS WHO, IN ADDITION TO ALL OTHER ZONING INSPECTION DUTIES. ARE RESPDNSIBLE FOR MONITORING THE ALCOHOL CONDITIONS OF THE 324 EXi5TING ALCOHOL OUTLETS, 15 DECEPTIVE NOW THERE ARE ONLY 4 INSTEAD OF 2 ZONING INSPECTORS AND ONLY ONE OF THEM WORKS AFTER 5 30 PM NEITHER THE CRY NOR THE STATE HAS AN ESTABLISHED HOTLINE THAT IS AVAILABLE TO REPORT ALCOHOL CONDITIONSVIOLATIONS AFTER 5 3D PM THE FACT IS THAT THE OVERWHELMING MAJORITY OF ALCDHDL RELATED INCIDENTS OCCUR BETWEEN 9 PM AND 3 AM WHEN NO ONE WITH THE ABILITY TO ENFORCE CITY OR STATE CONDITIONS IS AVAILABLE THEREFORE THlrRE IS NO VIABLE CITY OR STATE ENFORCEMENT OF ALCOHOL CONDITIONS AND NO PERMITS PERMITS OR LICENSES SHOULD BE S A5 FAR AS THE ABC'S DETERRANCE /ENFORCEMENT CAPABILITY IS CONCERNED. THERE RRE ONLY 6 INVESTIGATOR / ENFORCEMENT AGENTS TO MONITOR THE 5000 ALCOHOL OUTLETS IN THE A8C'S INGLEWOOD DISTRICT OFFICE WHOSE JURISDICTION INCLUDES SANTA MONICA, A5 WELL AS ALL OF SOUTH CENTRAL L05 ANGELES DURING GOVERNOR WILSON'S TENURE THE EMPHASIS HAS BEEN ON 155UING ALCOHOL OUTLETS, iN SPITE OF THE ABSENCE OF ANY VIABLE STATE ENFORCEMENT CAPABILITY THE PUBLIC HEALTH. SAFETY AND WELFARE IS NOT PROTECTED TO ISSUE AN ADDITIONAL CONDITIONAL USE PERMIT FOR ALCOHOL TO THE PREMISES AT 1810 OCEAN AVE IN THE FACE OF THE ABOVE FACTS IS, OF COURSE, TO VIOLATE BOTH THE SPIRIT AND THE INTENT OF THE ALCOHOL CONDITIONAL PERMIT ORDINANCE TO ISSUE A CUP OR AN ABC LICENSE AT THIS PREMISES CAN ONLY BE CONSTRUED AS ARBITRARY DECISION MAKING AND CONSTITUTE AN ABUSE OF THE DISCRETIONARY POWER THAT ENABLES THE WITHOLDING OF SUCH LICENSES IN CLEARLY IMPACTED AREAS THE ALCOHOL ORDINANCE DEMANDS THAT A FINDING BE MADE THAT THE NEIGHBORHOOD'S PUBLIC HEALTH, SAFETY AND WELFARE IS PROTECTED IN THE ABSENCE OF A SUSTAINABLE AND VIABLE LAW ENFORCEMENT CAPABILITY THIS FINDING CANNOT BE MADE THERE 15 INSUFFICIENT PARKING AND THE VARIANCE SOUGHT WILL COMPOUND PARKING SHORTAGES AND TRAFFIC CIRCULATION CONFLICTS. A5 AN ALLEY IS BURDENEi3 TO ACT A5 A STREET THE FEW FREE PARKING SPOTS AVAILABLE AFTER 6 PM ON OCEAN AVENUE ADJACENT TO SEAVIEW TERRACE. A WALKSTREET, WILL BE NON-EXISTENT THIS WILL MEAN THAT RESIDENTS` GUESTS WILL HAVE TO PAY FOR PARKING AT ALL TIMES TH15 CATEGORICALLY UNFAIR iM =+ I+'1 j`~ TI`fE 1810 OCEAN AVE ALCOHOL OUTLETS IS LOCATED 1N A RVC ZONE AND THE R STANDS FOR RESIDENT RESIDENT'S RIGHTS ARE NOT PROTECTED OR ADEC]UATELY PRESERVED IN THIS RESIDENT. VISITOR. COMMERCIAL ZONE ON THE CONTRARY. THE QUALITY OF LIFE HERE HAS SUFFERED , ANE) PROPERTY VALUES HAVE PLUMMETED AS A RESULT OF NEGLIGENT AND INSENSATIVE PLANNING DECISIONS THAT DO NOT HONESTLY ASSESS THE NEGATIVE IMPACTS OF DEVELOPMENT ON THIS NEIGHBORHOOD SEAVIEW TERRACE. A PRIVATE WALKSTEET, THAT IS NOT DEDICATED TO THE CITY. NEEDS TO BE SECURED WITH GATES IT 15 NOT A SAFE PUBLIC ACCESS WAY BECAUSE fT 15 DIMLY LET. 1T 15 NOT POLICE PATROLLED, AND IT 15 NOT HANDICAPPED ACCESSIBLE DUE TO A 38 STEP DECLINE AT ITS WEST END PROPERTY OWNERS WISH TO PROTECT THEMSELVES FROM POTENTIALLY SERIOUS LIABILITY RISKS AND BE SECURE HAVING SAID ALL THIS. PAST EXPERIENCE HAS TAUGHT THAT WITH EXTREMELY RARE EXCEPTION. SANTA MONICA DECISION MAKERS HAVE NEVER SEEN AN ALCOI-!OL OUTLET THEY DIDNT UKE WILL THIS BE AN EKCEPTION~ LARGELY UNENFQRCEABLE CONDITIONS WILL BE PLACED ON THIS CUP. AND BASED ON THOSE CONDITIONS IT WILL BE RATIQNALIZED THAT THE NEIGHBORHOOD WILL BE PROTECTED EF ONE BELIEVES THAT CONDITIONS ON PAPER ALONE PROTECT-0F COURSE THEY DONT THE TIME IS LONG OVERDUE FOR GIVING THIS NEIGHBORHOOD THE RELIEF iT DESERVES CITY DECISION MAKERS. USE YOUR DESCRETIONARY POWERS TO ONCE AND FOR ALL PROTECT THE RESIDENTS LIVING ADJACENT TO THIS PREMISES PUBLIC CONVENIENCE AND NECE55iTY ARE NOT SERVED BY THE 15SUANCE OF THIS CUP IN THE ABSENCE OF ENFORCEABLE CONDITIDNS THAT WILL PROTECT THE PUBLIC HEALTH, SAFETY AND WELFARE OF THE RESIDENTS AND ENSURE NON-INTERFERENCE WITH THE QUIET ENJOYMENT OF THE RESIDENCES IN PROXIMITY OF THE PREMISES THIS PROTECTION IS OUR RIGHT- ~ ~ [~ 4 ATTACHMENTS A OCT,22, 1991, L~ i i GR FROM THE ALCOHOL BEVERAGE CONTROL DEPARTMENT DESCRIBING THE ACTUAL NUMBER OF ON-SALE AND OFF-SALE ALCOHOL OUTLETS AS COMPARED TO THE ALLOWABLE NUMBER OF ALCOHOL DUTLET5 IN CENSUS TRACT 7Dt9 B 1990,1991 and 1992, CRIME REPORT SUMMARY BY POLlC~ BEATS PREPARED BY DONN UMBER, CRIME ANALYST FOR THE SMPD C MAP OF POLICE BEATS IN THE CITY OF SANTA MONICA D SEPTEMBER 29, 1992, LETTER FROM THE ALCOHOL BEVERAGE CONTROL DEPARTMENT INDICATING THE PIER ALCOHOL OUTLETS THAT HAVE SOLDTO MINORS E LIST OF ALCOHOL OUTLETS !RESTAURANTS THAT NAVE SOLD TO MINORS IN THE WAYSIDE DISTRICT F NOV 18. 1991 INTERDEPARTMENTAL MEMO FROM CHIEF BUTTS REGARDING ALCOHOL RELATED CRIMES G NOV. 30. 1992 MEMO FROM DONN UMBER TO SGT CLAY SMITH REGARDING RESipENCY OF VICTIMS OF SELECTED REPORTED CRIME H MAY S, 199D, Lt=1 fkR FROM CLARE FOUNDATION, SANTA MONICA'S LEAD ALCOHOLISM AGENCY REGARDING CONCERN FOR THE IMPACT OF SATURATION OF ALCOHOL OUTLETS IN CENSUS TRACT 7Di9 ON THEIR ABILITY TO SERVE THE COMMUNITY OCTOBER 13, 1992 Lt I TER FROM CLARE FOUNDATION CONCERMNG THE ADDITION OF MORE ALCOHOL OUTLETS ON THE PIER WHICH IS IN CENSUS TRACT 7019 J OCTQBI=R 1992, TWO EXCERPTS FROM THE ABC INVESTIGATIVE REPORT OF THE ASHGROVE NIGHTCLUB ON THE PIER THAT INDICATE THAT CENSUS TRACT 7019 IS AN AREA OF UNDUE CONCENTRATION ASSET FORTH IN RULE 61 3 AND THAT GANG ACTIVITY fS PREVALENT ON THE PIER K OCTOBER 19,1995. OUTLOOK NEW5PAPER ARTICLE REGARDING POLICE CONCERN ABOUT SINBAD'S NIGHTCLUB ON THE PIER L AUGUST 30, 1995. MEMO FROM SMPD CAPTAIN MAPPS TO PLANNING COMMISSION REGARDING POLICE CRIME ANALYSIS FOR SINBAD'S PROJECT M AUGUST 5. 1992, LETTER TO CITY MANAGER JALILI FROM ATTORNEY LUIS DE CA5TR0 REGARDING SEAVIEW TER AND PRIVATE PROPERTY RIGHTS N MARCH 8, 19921 LETTER TD COASTAL COMMISION FROM THEN PLANNING COMMISIONER ,JENNIFER POLHEMUS REGARDING RECOMMENDING AGAINST SEAVIEW TERRAGE BEING DESIGNATED A PLI6LIG ACCESS WAY O APRIL 15, 1991. LETTER TO CITY COUNCIL MEMBERS FROM ALL SEAVIEW VIEW TERRACE PROPERTY OWNER (RESIDENTS REGARDING OUR PROPERTY RIGHTS P SEPTEMBER 4, 1985, MEMO FROM PLANNING STAFF TO RRCHITECTURAL REWIEW BOARD, (ARB) , APPROVING WROUGHT IRON GATES FOR ARCADIA TERRACE, AN IDENTICAL WALKSTREET ON OCEAN AVE NORTH OF THE LOEW S HOTEL AND THE A R B OF THE GATES Q JANUARY 29, 1990 ALCOHOL BEVERAGE CONTROL REVOCATION NOTICE FOR THE PREMISES AT i81G OCEAN AVE FOR REPEATI<D VIOLATIONS OF THE CONDITIONS ON THE TYPE a7 LICENSE ~~ a4~ ATTACHMENT A i'~ tr ~ ~! 3 STATE OF CALIFORNIA - EUSINESS TAANSPORTA710N AAIp NOUSiMG ACEMGY ~ DEPARTMENT pF ALCOH~~IC BEVERAGE CONTROL Inglewood District o ice one Manchester Blvd., 2nd Floor P.p. Box 6500 Inglewood, California 90306 (213)412-6311 dctober 22, 1991 Stephanie Barbaneli 15 Seav~ew Terrace Santa Monica, CA 90401 Dear Ms. Barbanell: The fallowing shows informat~an you requested: PETE WILSON Govrmor _; ON-SACS OFF-SALE ALLOfdED-SYI ST 7019 2472 3 92 3 12 The population zs based on 1990 census figures. The enclosure shows the method of computing the number of licenses allowed based on the population. Sincerely, C ~~ ` Gils L. Grey District Administrator GLG/sp Enc. ~~• 044 ATTACHMENT B ~~ 04~ .... C~! s~, 0 r~ rt rt- sf ~x N o ro • ~ ~d rt o fi O F-f 1~ a H r/• n ~* ~: ~ ~- ~~ A N N ~ O n sv rt ~ r- n ac ~ r fy O~ r'r 1-~ f4 a ~ sv n 0 ~t ~- rt 0 1--~ f1 O O N W !a ID C 19 ti a a n cn to *s c rr ~ s?' a d ~..,. n rt~ ~ an ~ rt o .... r.,, Q '~ H O to rt ~~ m ~ ~ C G N 3 • I 1 1 l ! ! t m rD y i i i i i i i i ~a ~rn D r eo 1 J 1 eti 1 VI 1 di- t W I N l t"S rt F+ H r 1 I 1 # I r # {p n \. ?• I ~ I 1 I 1 I r Q- o w r l 1 I 1 r I I 1 ~--' [!~ i t i t i w t i t b rt I 1 I 1 l 1 1 i \ O i I i ~ 1 r I I w 1-' 1 ! I 1 1 1 I I H ~ ,--~ 1 1 1 1 1 r 1 I rt ro hi a- 1 1 i`+ I N I N I N I t~ I W l A~ b Id OD I A I Oa 1 A I A l m l 1G I m 1 F-+ O d O~ I O- 1 a 1 W l v 1 ~D l A l 0 1 ~ i+- I N I ~+ 1 ii7 # L.~ 1 ~O { !•+ 1 0 1 f7 R C] I r I 1 [ 1 1 I ~i A F'1 I 1 1 I 1 f 1 1 F+- tL ~• 1 1 1 r I 1 1 I 1~ E~ + r r r r r 1 1 cc ~ v a i i i i i i ~ i ~ w a t r y~ I 1 I I 1 1 r I 5 fD ~ I I 1 I l 1 r I rp a d i i i i i i i i •~ O ~Q 1 I I 1 1 r I 1 1p W ~ ~ O I 1 I 1 I r I 1 N II 1 1 1 1 1 • 1 # 1 • 1 • f • I to I W I N I 1 1 N I N 1 X71 1 yr ~ \ N r o l v+ I w l lu r a t N l .l l ~o +c A r I 1 1 I 1 I 1 ra C I.-+ O r Q7 r N ( W I ti7 I i.f 1 F+ I .l 1 Ft ~ ~ 1 1 1 1 1 1 I 1 ~\ d 1 1 1 1 1 1 r 1 tQ a! rt C I 1 1 1 1 1 I I Y I-+ 1 1 I I I I I r ~ O r I 1 I 1 i I # Oa I 1 1 I 1 1 I 1 • ~"'X ~r~rT '~ °*°~ 046 Pat~oi ~ :: Aoove/eseloW Area Tcta: .rye. ; ~ Fve^age xxs:r===arxsmi saxscsxaxc=xxrscs~ xxxx:sa.xxxxexxxx Ar•era,~e ~ , !All Areas) ~ Z=Z5 ~ 343'a ~ +~4.' .. 3516 +S' Y " 2590 . +1E. r 1959 ~~~.? 6 ~ Z083 - 6.6 ',586 -~8.8 8 ~ 4Z4 -B}.~ ~c===ss===Axo - ==-=sssxaxsxaa:xr ~ ==:=xsaaa==a=~sssx T~;TR~ ~ ?; ,604 Re~orte~ G^:Me as calculate_ acco~diny to Altahalic Beverage Gor•trcl T.tie 4, Sett~cn 8;.3. Gr1r~e 15 calculated By addir,~ the ;ctal number o° Part i Crlr~es to the total number ct arrests for a:i other crimes Se~,cept traffic;. .'' T~ese fi~,ures do not include 1,692 arreatw for which the Fa.~ol Prea c` the awes: wa= not entered into the syster:. ~~ 047 ~99a PQl4r ~ CRrMFS eY P,ar~oz spar CRlM~ j ? ~ ~~ i ; 8 1~~ ` ~ i ~ • 4nK. ~ TOTAL _ h10M1C1C~ 0 0 Q 1 4 >! a / T 11i11~R ~ i D 10 1 t f • ! 0 10 MYA1'1<D AliA1.lLT 1 N f 1i 7/ !>* 41/ 74 M 0 eM ~oMp1- ,sw , tf f o/ 101 r, >~ q o t44 W R~i~1RY If i 1 i4 i0/ »t b/ gT0 /0 D i q1 u!le~fY i ~/ f iT4 Ie0 7/Q e?e 4T/ /! o i1!? ,wrn ~e1~r 11lf /Oe 4~e Itr1r I+o to ^ a +ero to1•ai v~aT: o~tlMts Iae~~ ~ ,w i ,rlee ,su ~a74 ~ to 4 tara~ ` Zo~B ~z~ 1053 ~ a~a pA~r a cR~MFs er ~Ar~o1t air c~~Me s ~ 4 a a- r a V~+k. TofiA~. o~,-a~-u+.r/ ~ ft/ In ,~ s. ,a n a s ~ ~o~orlrr~+xrn~~s o o a a a 0 a o a >ss'1AUD w of ~/ >a q to ! 1! ri• ~sN>w~ iw t1 4 s ~ 1 f o ~• /ratty r~o.r~rr „ 17 fa ~ • • e o si vANpwrN „e fort Io ^ f,e IQ /i + Itr ~Aa/7rrvrlaM r/ a a o to u a o r. oi1~a /a o1:wlsrs n sf~ :4 1 +~ fe ! ~ fa gAUQ /ALi/ ~ 41 144 / ~ f! f! 4/ 14 /14 ONU~~iR//fOM I 1t1 #~ M !e eo Y ^ i eee Qrt11AiL1NQ 4 a 0 / : 0 , 4 / Q~failt~tfi/C1f4J~ALr +a 4 t e fe t 4 ! ^ Qty{ 1!f /f ~ M 1 tQ M /1 M MI uoe,orR uvrs ~ r : : i o n o +/ D111~lifiit4f// >re+ ~ ~ f7; W 1ff] ~ e,1 nle pIQO~Ip~1LY OaN~1JC.T ~ t f1 >•1 111 M q N li f Yi YAOIIAI~C'1~ f / ~ f / ! • at 1 0 q 0!'11Q1, ii1~1'RA>41C !i/ !l a , M 14e f is 1 !! !t /i 1114 oTM1n~. ~aascr o a o o a o a a o /u~faou o 0 o a o 0 0 0 0 W11~lW A 1.Oft~/q / / , 1 , f , a fi 111JNAM/iYL !0 / f! e ^ ,/ 1/ i/ 1!/ !pM•OQ6IFRA~Y ~ TMflFIG W s!R i^ 4V 41 / ~ 1 M >r0 ^r T+Q'~'11L >•411T 11 CRIME l1~4! Z7N 1 W1 11 M ! i47 N'1 L10 1/1 t 1 OwnaJMM~u+rr~4pf1/ ~~~ ~~,~' G G -,, I .l Z v s J 1 i4~ °i w 323 ~~ S ~ / ~,~ ~'v ATTACHMENT C ~" ~'~9 is m r E~ i~ a IQ m L ; t 1 i - > ~~ ~ ~ ~ I m ~ DB~~ I ~. h h ~~h~ P y>?~ m ~iu~iI ~I '~ ~ ~ii iii i 1 1 1 1 1 irii 1 I u _!J J i.~~~i i I_ i _ a ~lk.t}hk kl E hlphYYlh l l _ ll l ll x~ttlth hl l h h hhP~~~hFkh ~ pE~p'F , ~ ~ ~~~~_ ~ ~ ~~~~ ~~ ~ ~ ~~a~ ~ ~~ R~ ~~t~~~ ~ k ' ~_i i r ii i i iin u_n ~i iiiir a a r I ~ Ih.~.P#IiIN ` f PFp i F FhN ~ I E I II r ~ 1 - ~_ tltth h °hh h h l a~ ~ ~ L _~ . I ~ aii=iiirliil=l7::iiii::7~iiF:11~ l~Zxx 3SSxlSlh2=s1SxaS!=3lLSS ,~II!::II~ i..iili~.i:lltr ~r ~.~ ~~ ~1~:i ie~ ~ ~~! ~1~s 7l~.s~.37 t t.~~ f}}j~ 3~ ~ Y;:.ES^ 1 ~~~#_'!:_!?: r!'ss~=3.sii::^s'~ 1!s ! K ` s .I. ~f~~i J~ '~ ~1i 14~l•~f! a~ i~fR=1`} ~N ~ ~ sa~I~•• tl ~[^ f•i~. ~f~a~~ i ~•~.•!i s ai S~ ; t ii-s >>={as- xllsa ax_ ;•i::•. ! i .- s=•. a~i~ . x,.; a R : !f a sh ! ;•+ s3 :~ I1;~s ~ ~ i~ x~ . ; ~_'~ ~ i! , tarssl" 3ax:~ :~.'e~~s s:slx --r~~:~-.o-s. ~ ]#s ~ }a~ Z r ~ ~ ~ I I r ~ f l ~ I ~. ~ , ~ r ~ ~ ~ ~ ~ I ~ ~+ x, ( !~ ! ~ sa r+ !' i;'~;+~ ! •:- !3!°= !!!! a~ ri n ~,~~1'ifs,'~~f;,,I~,!~Ir~~I~I~~~~~~~~~.~~~~.~~J~ ~~;~1il;il~;~l~{,'!~~Jtl ~ll~~~~~~~~~~~fli~I~l1r'~~1iII1j1{I ;I ~ ~IIi{+{ '+1rty+7y1- r r o~ '~i M1aM ~r.r ~.M.~MSf t••i!~ M~II~M..+.wMN +~.~ .~M ~A.1. r 1 ~ I 1 ~ I I ~ ~ ~ I 1 ~ ~ I ~ E i - MIN •IZ.M~111M fIM.~N.1i.411=~~11..,..~M NMwMr11.~.~~~~~.M... ~ 1 ~aM~MK•~..~1.-r~-~M~NIIYM~•IAN~ ~ 5// r r a I 0 ~ ~ ~ ~ f N ~ .. ATTACHMENT D ~~ 05I -,;TATS OP CALIFORNIA - EtlS~Mf55 17tAhSrti+R ATIOM wMC Ftp1JStNG AGENCY DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL Inglewood D~.striCt Offxce DN£ MANCHESTER BLVD. p.0. BD3I 6500 Inglewood, California 90306 310/41-5311 September 29, 1992 Stephanie Barbanell 16 Seaview Terrace Santa Monica, CA 90401 RE: Santa Monica Pier PETE wtLSON Go+~R~' r1 _' Dear Ms. Barbanell: The informatian that you asked for concerning licenses on the Santa Monica Pier is as follows: 255 Santa Monica Pier - Crown and Anchor ND AGCUSATIDNS 258 Santa Monica Pier - Seaview Seafood 10/03/90 - Reg. #22477, Sale to Minor b/06/91 - Paid #300 in lieu of 5 day suspension 301 Santa Monica Pier - Boathouse " 1/09/91 - Req. #23114, Sale to Minor 3/28/91 - Paid ;2745.60 in lieu of 15/5 stayed suspension 8/24/88, Req. #15771, Adulterated Bottles 5 Days All Stayed 330 Santa Monica Pier - Surf View 10/02/91 - Reg. #25816, Sale to Minor il/27/91 - Peed X750 is lieu of 24/14 stayed suspension 10/19/90 - Req. #22252, Sale to Minor 12/13/90 - PE~id #300 in lieu of 5 day suspension bey 0~ f.. Correspondence, Dated 9/29/92 ?aqe 2 Stephanie Harbanell RE• Santa Monica Pier 378 Santa Konica Pier - American Grill 9/23/91 - Req. #25749, Sale to M~.nor, Cand~tlon Violation 11/15/91 - Revocation stayed 3 years and a total of 75 days suspension 10/19/90 - Req. #22205, Sale to Minor 11/1S/90 - 45/20 stayed suspension 9/25/90 - Reg. #21889, Sale to Minor 1/10/91 - Faid X750 in lieu of 20/10 stayed suspension 3/16/89 - Req. #14914, Sale to Minor 30 Days All Stayed 8/02/84 - Reg. #23228, Sale to Minor Paid X300 in lieu of 15 day suspension 390 Santa Monica Pier - Jack's NO ACCUSATIONS 401 Santa Monica Peer - Pier Cafe Application has been protested acid has been submitted to Headquarters. Protest was dismissed 9/03/92. Sincerel , Gilsan~Grey District Administrator GLG/mb ~~ 053 ATTACHMENT E ~~ C?54 i Locations of s~rith 111cohol Violations Far ! Batas o= Aloohol to Minors in tho Saysido Distriat ~ i Sgec3tic Pian Area. - ~, ~nr ~~ ~eei~,sfon Typ ~ 41 xf~5 Broadway $300, 10 Days all ataye$ P14~ 12/27/90 Typal 41 1454 Santa Monica Mall 5300, S of 15 days stayed P14{ 1/10/91 Typall 41 123 Broadway $734, 5 of i5 dayo stayed P17~ 5/13/91 Typ 41 1246 Banta Manisa Mali 10 days suspension P17 1/17/91 Typ ~ 41 119 - 121 Hroadoray $300, in days all stayed P19 3/20/91 I Typo 41 320 Santa Monies Bou3avara $300, 1D says all stayed P19~ 4/15/91 Type 41 4fl1 Banta Monica Boulevard 14 day suspension P20 I 3/21/91 i~ 47 1444 Third Street $1,500 p ! s/s2/91 Typl 47 307 Santa Monica Boulevard $7aZ, 10 days all stayed p251 4/8/91 Typi 4? 301 Santa Monica Boulevard $900, 10 days all stayed PZ7~ 5/13/91 Type 47 318 Santa Monica Boulevard $1,1<0~ 10 days all stayed PZ7 ~ A/1:~/91 Typ t? xi6 Santa Monica Boulevard 3 days soap./all stayed PZ7 3/21/91 Typ} 47 1A43-45 Fourth Street $I, 500, 10 days all stayed pZB; 'S/13/91 Type 47 319 9antn Monica Boulevard 3 days soap./all stayed p2sr a/x/91 TYpe 47 ].457 Santa 14onian Mali $1, 500, 10 days all stayed P29f ;- 5/27/91 - ---- The fallowing list has b4sn extracted from a printout (Exhibit 1) prepared by the Alcohol Beverage Control Da~axtma:i3t o!'~ November 14 ~ 1991, That printout was presented to a joint meeting of the Santa Monica City Council and Planning Commission by Gilson Gray, Director ~ ~ ~ ~ ~ of the Inglewood District office of the Aloohol Beverage Control Department. r ATTACHMENT F ~~- 056 City of Santa Monica I N T E R- D E P P_ R '~ M E N T :''~ E M D :.ATE : Idove:Rber l8 , 1991 .'o: Paul Berlant, Birector L'JTM FRO;~i: James T. Butts, Chief of Police SU3JECT: Alcohol Related Crime Attached zs a breakdown of alI alcohol related offenses during the period January 1, 1985 through octaber 20, 1991. A review of t:ze stat;sties during this tzMe period shows the fallowing trends: * alcohol related arrests account far approximately four of every ten (44.6%) arrests in Santa Monica. * Over two thir3s (67.2) of all drunk driving arrests take place between the hours of 11 p.m. and 3 a.m. BUI arrests reach a peak frc;~ 1 a.m. to 3 a.m. with 41.8 of all such arrests taking place during this two-hour time span. * Seat 6/8 (P].CO Corridor) and Beat 2 (Dcean Park} account for 47.0$ of citywide drunk dx~lving arrests. Beat 3 (downtown), wnzle representing less than 5% of city acreage, accounts Lor 13.8% of all drunk driving arrests. * Beat 2 (ocean Park) accounts for 29.7% of all arrests for public intoxication. Another 25.5$ of public intoxication arrests occur zn Beat 3 (downtown). * An increasing proportion of transients account for public zntoxzcatzan arrests--from 64.3% zn 1989 to 71.1% zn 199I. ~" ~ 0 5 ,' ATTACHMENT G ~ +~ C' 5 8 M E M O R A N D U M POLICE DEPARTMENT CITY OF SANTA MONICA DATE: November 30, X992 TO: Sgt. Clay Smith FROM: Donn Umber, Crime Analysis SUBJECT: Crime Victim Residency Helow ~.s a breakdown of the residency status of victims of selected reported crimes in Santa Monica. These figures apply to the reporting period from June 1, 1992 through October 31, 1992. RobberylAaaravated Assault/Race Santa Monica 211 ( 4 2 ~ ) L.A. County (not S.M.} 146 (29~} Outside L. A . County 3 5 ( 7 ~ } Unknown 54 (11~ ) Transient 54 (11~} Total 500 (104$y Theft from Motor Vehicle Santa Monica 518 ( 3 6~ ) L.A. County (not S.M.} 38I (25$) Outside L.A. County 336 (23~) Unknown 221 (15$) Total 1458 (lOd~y Came Analysis Index: ~IF013 Dace Range: b/1/92 chrpugh 10/31/42 Date Complexed: 11/30/92 ~~ 050 ATTACHMENT H ~~ ~~o G~-aRF' ,rte' ^~ C L - A ~ R ~ E ~'ay 8, _990 To w'ho- 1t ~'ay Concert:: FoundatEOn. Inc CLA<~E Foundation, Inc. is a nonprofit, community-,based service organazatyon dedicated to helping financially and socially depleted alcoholics and Eerily met~bers help themselves. Alcoholism is viewed at CLARE as an individual, a family, and a cc,r.~^unity problem. The organization has received national recognition for its innovative social model recovery approach. CLAF~ is partially funded by the Los Angeles County Office of Alcohol Programs and the City of Santa Monica. CLARE Foundation supports the work Stephanie 9arbanell is doing in opposition to the creation of any additional alcohol outlets in census tract 7019. we agree with her that, with 10~ outlets already in existence xn a .b mile area, her neighborhood is over saturated with alcohol sale sites. ~.~/ Research has shown that over concentration of alcohol outlets is directly related to increased alcohol consumption. The i more alcohol is consumed, the greater the problems assocsated with its use. where there is this much availability, the problems of the people we serve are aggravated. These people include the homeless, public inebriates, teenagers, and their - fa...ilies. We are also concerned about the proliferation of "mini-bars" in hotel rooms. For recovering alcoholics and people with alcohol problems, regardless of financial status, the anonymous availability that mini-bars offer poses an active threat Gf undesirable alcohol consumption and consequences. we also maintain that our community wi11 be a healthier, safer place when people recognize that zt is not necessary to consume alcohol to enjoy Iife. Thank you for your consideration of this .natter. S.z rcerely, Carol A. Nattley Chief Executive Officer CL11RE FOUNDATION, INCORPORATED CAN:sc ~r r O {, Ci o ^+ m u- [ r ~ i v~ ~ g f o r A! c O h 0! t c s p y A e h a b ~ l t t a t~ O n S o d ~ d u c a[ ~~ •~ P ~~ 3ox 5da3 '8T- 9th Street _ Santa Mpntra CA 90465 ~ ,2'3) aSq-5123 TDB ;2.3; 450-19'3 ATTACHMENT ,. 0 6 ~ ~~~~ ~. , C ~ L A ~ R ~ E Founda#ion, Inc October 13r 1992 Santa Monica City Council 1665 Main Street Santa Monica, California Dear Council Iyiembers This is to express my opposition to the Planning Co~issioa racoma4eadatioa to approve two now alcohol outlets oa the Santa Monica Pier, items number ~5a and 370 on your agenda. These two outlets would approximately double the number of seats for alcohol-serving establishments on the Pier, bringing the total to over 2,000. This amount of space dedicated to this use is dangerous and unwise, given its proximity to the ocean and the distance that many patrons wzll drive when leaving these establishments. As Deputy Director of a local agency dedicated to helping alcoholics and homeless people, T see the problems of over- consumption of alcohol on a daily basis. These problems are partly a consequence of social reinforcement of drinking in so many social and recreational situations. Recently a tragic accident killed four young people blocks from the Pier. W$ CANNOT BECOME USED TO SUCH WASTE OF HUMAN POTENTIAL: Although it is impossible to say who will be killed or how many accidents will result, it is certain that the new outlets will result in similar accidents. Much has been made of the family nature of recreation on the Pier. Children are powerless to resist riding in a car with an adult who has been drinking. Two years ago I rnet with some young people at "Kids' City" (now Youth in Action} to discuss their views of adults' and young people`s problems with alcohol and other drugs. THEY WERE UNANIMOUS IN SAYING THAT ADULTS GIVE THEM MIKED MESSAGES ABOUT DRINKING. "IT'S JUST A CASE OF 'DO AS I SAY NOT AS I DO. " they told me. Please deny these conditional use permits. More alcohol is not needed on the Pier for the public to have a good time. SiDnc_e,,r'el-y, ~'Q~ ~~ ~~ Susan Chacin Deputy Director o m m u n i t y ~. i v i n y ! o r 14 I e o h o l~ c a b y ~~~ 063 R• h a b ~ t ~ t• t i o n a n d ~ d u c a t~ o 1871 4th Street Sartta Mora~ca• CA 9x404 310!314.8200 TDD: 31Q/575-156 ATTACHiIIIENT J ~n ['6~ ASH GROVE ENTERPRISES, INC, Page 250 Santa Monica Pier Santa Monica, CA 90441 ROLE 6Y.3: 3 ON-SALE 1:947 CENSUS TRACT POPULATION ALLOWED/EXIST 7019 2621 3 109 Census tract co~snt exceeds the County average. Physical count of existing on-sale licensed premises has been conducted and concurs with the district census tract information. C~tIMS eTATI5TIC8: Prer~~ses is located within the City of Santa Monica Patrol Beat ,~2. 3992 Reported Part I Offenses and Part II Arrests for the city - 16,286 City average for 7 Patrol Beats 16,285T7 2,327 High crime per Rule 61.3, 2,327 X 120 = 2,792 Patrol Seat ~2 , crime statistics = 3,842 Reported crimes within Patrol Beat f2 exceeds the city average by more than 20~, therefore, Rule 61.3 applies. PUBLIC CONV£Nr~NC£ OR NECE88ITY: The applicant has submitted a letter pertaining to public convenience or necessity and has verbally stated impart the following: ~+• ~~J ASH GROVE ENTERFRISES, INC. Page 8 250 Santa Monica Pier Santa Monica, CA 90441 ISSUE #5: (Refer to Protest Information #'b) The protestants states that the area surrounding the premise is known for drug dealing and gang activity. In regard to this allegation I contacted Detective Acosta of the Santa Monica Police Department's Gang Unit, This unit specializes in znvestlgating the activities of gangs and gang members. Detective Acosta has been a member of the gang unit far approximately 2'~ years and a police officer far 4 i years. 4ie states that the area where the applied-for premise is located 1s populated by five specific gangs. They are as follows: 1. Santa Monica 17th Street 2. Santa Monica 13th Street 3. Mara 5alvataruchia 4. Bloods 5. Craps The Santa Monica 17th Street and the Santa Monica 13th Street are local gangs which operate in the City of Santa Monica. Bath of these gangs are known the "hang out" in the pier area, the Pico Corridor to the south, Olympic Blvd to the north and 24th Street to the east. In addition, Las Angeles gangs such as the Mara Salvataruchia, Bloods and Craps are known to frequent the beach and pier area. Each of the above-mentioned gangs per Detective Acosta have been a part of shootings, robberies and theft an the beach and pier areas. These gangs also indulge heavily in the use of alcoholic beverages and have been cited numerous times for drinking in public specifically the beach area. Detective Acosta also stated that thew teas been same drug trafficking below the pier area but not significant to interfere with the normal course of business on the pier. Although there is the presence of gang activity on the Pier, Detective Acosta does not believe issuance of this license would add anymore problems to the area that don't exist already. Xn addition, due to the type of operation the premises is going to be it appears doubtful that gang members would be altraGted to pstronice thiG lJUSinesu. it should Ue noted that the applicants have signed a condition to proh2bit off-sale privileges in order to alleviate the concerns pratestants have regarding alcohol use on the beach and pier. ~~' ~56 ATTACHMENT K ~" ~6 r Pier club approval. prompts backlash club By Mick Madigan S7AFf 1VRffER In a cxialition born of despera tion, a group of ocean-front rest dents and members of the Santa Monica police officers' union are 3oining ranks to fight a proposed restaurant and nightclub on the Santa Monica Pier that could ac- commodate as many as 1,OD0 peo- ple "We thnk it's going to cause an overburdening on police services that are already mixed," said Sgt Steve Brackett, chairman of the Santa Monica Police Officers' As satiation, which is appealing to the Gity Council the decision by the Planning Cot~amission to al- low the club to proceed Ponce fear trouble Brackett and has Colleagues are upset that the commission appar entiy disregarded warnings from the police that the club, in its proposed form, would attract mi- nors Intent on drinking alcohol And, if allowed to have an out- door entertainment area, the offi- cers said, the club's patrons would spill out onto the pier it self, cr~,tuag an extra burden for law enforoemen# Crone is bad enough as it is without adding more problems, Brackett said "We're concerned about the proliferation of liquor-serving es- tablishments, especially those that walk and talk like night clubs," he said Under the proposal by develop er Russell Bernard, the club - which may be called the Route fib Club -would be bunt on the sate of the former Sinbad's I#'s ad~a cent to Pacific Park, a 2-acre amusement park set to open m next spring Question of resources "We were very adamant and strident about where there could be problems," Police Chief James T Butts Jr said "4ve're supposed to give our opinion. which we dad, and if a contrary decision is made, then it becomes a question of resources We'll have to make a deployment decision as to what is our greatest need, gn'en our re- sources " But Kenneth BaEasch, chairman of the Planning Commission. sand the police "didn't make a very per suasive case for the problems they thought this club might cause " CLUB/62 FROM PAGE B 1 Breisch, whose commission gave a go-ahead to the pro}ect last month, said the a~cer presenting the police point of view had referred to gang problems at a bar on Pica Boulevard, not on the pier In any event, Breisc2l said, he and his six colleagues insist- ed that the developer enclose the club's outdoor entertainment area and provide soundproof ctir- tiauis and awnings "I go W the pier quite often with my wife, and I don't perceive at to be the dangerous place they're trying to persuade us it is," Breisch said. "I think they're doing a real disservice to the city of Santa Monica by spreading that perception We're dealing with vague allusions to murders and gang tights that most of us don't expenence " Breisch said the palace have done a "Brie fob" in making Santa Monica safe, and that he respects tiie work they do "Hut why the Palace 08lcers' Association is trying to spread this gospel of fear, I don't know," Breisch said "I feel very safe on the streets of Santa Monaca most of the tune " Breasch also said that only two or three residents of the neaghbarhood adjoining the pier showed up at the Plannuig Comm,esaon's Sept Zo meetuig to op- pose the nightclub "It's very ritt~icult to speak for people who an'en't present," he sand Stephanie Barbanell, a member of the South Beach Neighborhood Watch, said the police "are only stating the r~t~ty" Of the problems an and around the pier "There's not a police oftlcer who doesn't have a problem with the pier," said Barbainell, Who has lived on Seaview Terrace since 1981_ Approval of the club, she said, "puts the entire city at nsk " "When the police have to respond to crimes on the pier," Barbanell sand, "it clearly affects emerg~sy and nonerriergency response m other parts of the city '. ~~~ ATTACHMENT L ~~ os~ _ ~ C1TY 4F SANTA MONICA 1 ~\~~ l -~ INTERDEPARTMENTAL MEMORANDUM A August 3Q, 1995 TO: Captain Mapes FROM: Qetective Heineman #2919 and Detective Hunscke #2927 SU6JEGT: Sinbad's PROJECT DESCRIPTfON Srnbad's is a proposed restaurant that will seat approximately 699 persons Approximately 15Q of those seats will be in an outdoor area This area is comprised of an outdoor beverage booth, tables and chairs, picnic tables, and an outdoor stage. Another stage will be located on the second floor P'DlrlCE DEPARTM>*NT T he Po.'ce Department was consulted in the initial stages of the prv~ect over fve years ago but ,hire has been little contact until the recent amendment application Several cu~vems ~.rere raised with the Planning and Zoning Division and in a meeting with Mr ~ar,riar 1r Cc,:;ber cf 1992 a pol,ce department committee was formed to study two projects, Sti:,cad's a ,d the Ash Grove Several tissues were raised by that committee and these ~ss;.'es ccn;once to t]e concerns at this time LAW ENFORCEMENT ISSUfS 1) Parking At the present time ti~ere are 1146 parking spaces available iii tfie 1554 lot, 1~4a lot, and the Newcomb Pier lot There has also been some indication that the long-range plans call for phasing out parking in the Newcomb Pier lot. Our concerns are that with the addition of the Fury Zone, Srnbad's and Ashgrove parking requirements, insufficient spaces will be available Thus causing congestion of traffic flow to the Pier ~r D '7 ~ 2) Traffic Fiow We were unable to conduct an to-depth analysRS of the traffic patterns in the area Primary arteries ~n the area are already operating at a near capacrty level Wth the planned development of the pier and Fun Zone, the problems will become mare serious There ~s a hFgh potential for gridlock which will severely limst the access of emergency venicfes in the case of an ~nc~dent Also, the potential for serious accidents occurring on Pacific Coast Highway due to spill-off congestion and U-Turns occurring North of the McClure Tunnel are a mayor concern 3) Enforcement Problems One of the pnmary concerns of the 1992 committee was the ability to provide meaningful enforcement The qty`s pnmary means of ensuring an appropriate env~ronrttent with such prosects ~s the Condit~oraai Use Permit (CUP) associated with the issuance of the business license The only agencies charged with ens~rring compliance with tine CUP are the vice unit and the ccty's zoning inspectors In 1992 ~t was clear that there was a need for additional inspectors and the provision of added resources to administrative procedure to deaf with CUP v~olatians 4) Potential Came Problems For statistical purposes the "pier area" was defined as the area extending from Broadway on the north to P,~o on the south and aN of Ocean Avenue west to the furthest end of the Pier The fo?lo~.vrng chart ~s representatrve of statistics from 1992 to present. It should be noted that uurrn,~ that period no signrficant expansion of the Pier has occurred And during that tune ±he Polrce Department has deployed added personnel and equipment which we feel ~s a a.~ ect result of the decrease in occurrences Any ma}or developments would ahsc;c'e!;r regcire added polrce personnel and equipmentto keep the statistics consistent vrrth past years ~=~ (~7i Type of Crime 1992 1993 1994 1995 t~N ajz~~ Hom,crde a ~ ~ o Rape 6 5 8 2 Aggravated Assa~rit 47 53 27 19 Roi~bery 71 fi4 32 25 Weapons V,olat~ons 33 13 9 5 DUI 21 39 23 8 D,sarderly Conduct 17 17 2S 1 Pub1,c Intox,catron 47* 287 292 265 Liquar Law v,oiat,on 5 1 5 4 Total of selected crimes 247 484 42D 329 Gang related 1D 6 fi 5 'Coca#,ons cf arrest for mast (1883 Qf 2113) pubic ,ntox~cataon v,olatrons were not recorced cn ~ 992 ~ ~ ~1 ~ ~ CONCLt~SIONS AND R~CQMMENDATfONS t) Department resources be expanded to allow for unrfarmed vrsrbrirty, partrcularly during the peak use hours ft rs felt that on weekend evenings, four to srx unrformed officers would be and absolute mrnrmum for effective deterrence This would provrde adequate security for Prer vrsrtors without necessrtatrng pulling officers away from other parts of the Crty with frequency 2) The number of vrce affrcers be increased from two to four and the city code enforcement be enhanced to ensure the compliance wrtn CUP's 3} CUP's associated with all development whrch involves alcoha[ be forwarded to the vice unit in a timely manner Further, the vrce unit should be advised of all changes rn ownership, new openings and closures, etc of business' whrch are involved rn the sale of alcohol ~} The police department should have a defined role rn the planning process. 5} All CUP's for establishments revolved rn alcohol sales should mirror the ABC requirements Thrs would provrde the polrce department with a greater abdrty to enforce appropriate liquor laws SINBAD'S PROJECT RECOMMEN©ATfONS 7 i '~°~2 oppose the outdoor stage for the followrng reasons a ~~ The noise (eve[ will adversely affect the surrounding residential area_ Even ~,."are there may be no technical code violation, neighbors are likely to be ;. s,.:~bed by both the Horse coming from the establishment and residual Horse from ~a.rLns both coming and going The polrce department would have to respond to ..: za^s' ccrrglaints t; nay persons who are unable to enter the estabh5hment will loner in the area G :.a~an' to the outdoor area Thrs disturbance will severly rmpact a polrce ~ascc~nce to any problem that might occur inside as well as rmpact access to ocher ex;aolrshments on the Prer ante again this wilt cause rafts to the polrce ~apartmertt whrch wtll necessitate a response of patrol officers 2) y'de oppose the outdoor beverage booth for the followrng reasons. a r This booth will cause congestton rn the area of the entrance and exit to the patio area Thrs congestion would make entry difficult far public safiety personnel who may need access to the patio area rn an emergency. b) There rs the possibility that alcohol could be passed to persons outside the establishment due to its close proximity to the patio entrance/exit. ~~* a~3 3) We would appose us,ng more than one stage at any one time Having more than one type of enterta+nment could be the source of a d+sturbance. Thrs was the probtem at a focat estabi,shment where two d+fferent bands were booked to play one after the other Unfortunately both bands had a group of followers who began fighting The owner of the establ+shment was unaware of both band's background and d,dn't know they were unfr,endfy to one another When pol+ce un+ts amved they found approx,matefy 1,040 people +n the street fghtmg All Santa Monica polrce un,ts responded as well un+ts from LAPD, the CHP, and Beverly H+Ifs Pof+ce Department 4) At the last Tw,f+ght Dance there were appraximatefy seventy gang members present Several fghts broke out on the p+er and it was necessary to redeploy all ava,iabie patrol un+ts, as well as the Came impact Team, Metro Team, and Beat 8 Bike Untt, to the p,er to maintain order This had an obvious effect on the rema,nder of t#~e c,ty because rout,ne calls far servsce Iliad to wait unt+l units arere ava+labie to respond 5) V`Je request that any outdoor seating consist of separate chars and a table. No p,cn,c type tables should be allowed Other es#abf+shments have been known to nave the+r tal,les to clear an area for danc,ng P+cn+c tables can be stacked gwclcly and in a smaller area than tables and chairs Thrs has become a serous concern, t!~ere`ore v~re ask that ptcn,c tables nat be allowed ~, 47~ ATTACHMENT M 0?5 DE C ~STRO LA~~4 COl~PO~ ~TIO Sa~%Ta ti10`ICa, CaLIFOTi~Ia ~J0401 ==x 2 _ 33c-89~~ AUE~~S~ .~, 179 k'. ;9 r i1 ~h..7'r,i ~'C f"~r1 ~ ~~v tilr. .ioh:s ,1aii1~ Cit ~?arager C~t•. .,= Santa `icnica _G$~ ~!ain St_eet 5an~a '~lon.ca, Caifcrnia 90401-395 Re: Sea~.iew Terrace Dear „o'n^.: The prcverty owners of Seaview Terrace have asked my office to represent them in connection with their property rights. It is their position that Seavlew Terrace is not a public walk-way, rather a pvivate easement reserved for the exclusive use of the ossners of the lots ddidCETlt to the walkway. My preliminary review of the facts and in parti- cular a reading of the or=g~.nal easement leads me to the conclusion that the property owners are correct and that there has beers no dedication or other grant of rights to the City of Santa Monica oL others with respect to sand easement . I am waiting far the return of Joe Lawrence who has been handling this case in order tc discuss the issues with hiss. In the meantime, the owners of the proper- ty wish me to advise you formally of their position. Further that na work of an'. kind be done on the said walk-way w,.thout the pr~cr approv_1 of the property owners. The owners are particularly disturbed and upse4 a` the recent asphalting of the walkway which xs completely out of character and unsightly. I was advised that the city crew that did the aspha_ting cracked several of the squares of the walk-way with their equipment. i art certain that when Mr. Lawrence returns we can sort this out 1n some con- genial way as has been my custom with you and the city in other matters. As always ? send you my best personal regards. Sin rely, uis C. De Castro LCDC/sg ~'~' ~~~ ATTACHMENT N ~,f 077 ~-N11 1~1 T' J Post-It'" ~rdnd fax transm~'tai memc 7671 +rotoap.a ~To~P~t1 t L3l1cS IFroT ~~~V,.~aM,cAS I~recis' on Dept Phone s ~`Resear `~ ~o Jennifer L. Polherus, ~.A. Fr~~ t g~ ~~ ~'`~ ~°~~ F.x 2521 Thirty-second Street • Santa 4[onica, Caikiartua 9t~}405=3~~ {213? 399-1441 ~6~1 March 8. 1991 Mr. Chuck Damm. District Director[ Mr. Jim Ryan. Staff Analyst California Coastal Commission 245 West Broadway. Suite 380 Long Beach, CA 90802 RE: Coastal Commission Application No. 5-90-928 Applicant: Maguire Thomas Partners Development, Ltd. Pro}ect Lacauon: I733 Ocean Avenue. 5attta Monica Dear Sus: In a recent letter (dated February 11, 1441 } to you from Paul $erlant, Santa Monica Director of LUTM, City staff took the position that a sign should be posted ai Seaview Terrace indicating a public access route. ~ I am writing to confirm that this position ~s in conflict with the recommendation of the Santa Monica Planning Commission, as expressed in Policy 34 of the Local Coastal Plan. The Planning Commission recommended [Slat public access signage be provided, but that such signage be placer! at more appropriate streets, including Vicente Terrace. Auto Way may also be appropriate. The Planning Commission's reasons for recommending ~iLSI signage at Seaview Terrace included: 1. The street is not accessible io the handicapped dice to numerous steps and an incline that gains grade rapidly and unexpectedly. 2. The street is fairly seziuded. and not paliee patrolled. 3. Seaview Terrace does not provide direct access to the beach. It dead ends into Appian Way, with no proximate access to the beach, Sincerely, Jennifer L. Polhemus Santa Monica Planning Commissioner ~~' C~78 ATTACHMENT O ~., 079 April i5, 1991 To: Santa Monica City Council Members Frain: Ali the property owners of Seaview Terrace Re: Local Coastal Plan of April 1991 Please be advised that we, the owners of alI the Seaview Terrace property and of the accompanying private easement rights, deem the designation of Seaview Terrace as a public easement in the Local Coastal Plan of April 1991 to be in error and in direct conflict with the coastal plan's own stated goals and policies regarding private property rights, public safety, and coastal accessibility. We therefore insist that the language designating Seaview Terrace as a public easement be removed from the LCP document, Policy 34 and 35, page 67. (See Exhibit 2 and 3) I. SEAVIEW TERRACE IS A PRIVATE EASEMENT A. County records show Seaview Terrace to be Arivate Per County records of February 13, 1914, Book 25, page 36, " There shall be a joint easement of all owners of Lots 1- 14 inclusive of Tract 2562..." and this easement can be " abandoned only on consent of all the owners of all the above lots 1-14 inclusive of Tract 2562 Santa Monica." This clearly means that the easement belongs to the property owners, not the general public, not the City and in practical purposes was established to benefit the property owners in order to secure access to the Terrace. (See Exhibit 4) B. Seaview Terrace is not identified on Citv mans because it is private. 1. Seaview Terrace was not listed on City maps far the purposes of EIRE for 4 adjacent projects (Loew's, Hyatt, Maguire Thomas hotels and Ocean Plaza) within 5Q0 feet of Seaview Terrace. "` ~~~ Fage II 2. Seaview Terrace is not listed by name on the map of the very document under discussion, the LCP. (See Exhibit 5) 3. Seaview Terrace is not listed on czty's Land Use and Circulation Element document. The fact that it is not listed on the LUCE map (See Exhibit 5) is significant because the LCP states that if there is a conflict between the LCP and LUCE, the LUCE takes precedent. (LCP Page bl General Policy number 3} Marine Terrace is designated on the LUCE as the accessway between the beach and the Civic Center. Therefore, it follows for the purposes of LCP Policy 34 and 35 that Marine Terrace should be designated as the public accessway not Seaview Terrace. (See Exhibit 5} C. Seaview Terrace and Private Arcadia Terrace are identified identically in official eaunty documents 1. Seaview Terrace is identical in official County Tract Map description to Arcadia Terrace, and Arcadia Terrace has been recognized in official City documents to be a private easement. In a planning staff memo of September 4, 1985, it is stated that "Arcadia Terrace is a private walkway which extends between Ocean Ave. and Appian Way..." If Arcadia Terrace is a private walkway, Seaview Terrace is a private walkway. (See Exhibit Z) D. The designation of Seaview Terrace as a public accessway Maces an unfair burden an private p~oAerty owners to provide a "public good" 1. A nexus was not established between the achievement of public policy goals and the benefits to private property owners by the imposition of these policy goals. This is one-sided and unfair. (See Nollan vs, California Coastal Commission and AB 160Q.) E. The designation of Seaview Terrace as a public accessway places a "cloud" on the title of private property, 1. Public policy is being created in a state document which in affect puts a lien on private property without any compensation. X18 ~ Page IIZ F. Proximity to adjacent residential uses creates conflict between t~rivate property rights and public access. ~. Per the LCP access policy 9 C & D, page 63 , access policy should be implemented in a manner that takes into account the "proximity of the access area to adjacent residential uses...so as to protect the privacy of adjacent property owners." Seaview Terrace is completely residential and by being designated as the accessway between the Civic Center and the beach, the rights of adjacent property owners are not being protected. {See LCP policy 34) II. PUBLIC SAFETY A. The LCP states that, "access shall not be inconsistent with the public safety". (LCP Page 62, General Access Policy number 8C.) Specifically the LCP states that "access to the coast...shall be provided for all the people consistent with the public safety needs". {LCP Page 61 General Access Policy number 5.) Seaview Terrace, with its 38 step descent to the beach renders itself inaccessible to the disabled/wheelchair bound and as such, is pat equally available to the entire public. Given these facts, there is not true public aGGesS. B. Public safety also means protection of the public through adequate polic~nq and crime prevention. 1. Seaview Terrace has never been patrolled by the police. It is not accessible to patrol by police cars, bicycles or horseback. C. Public safety requires maintenance and responsibility far the bublic accessway. 1. Seaview Terrace has never been the recipient of any city maintenance or other city services. Access shall not be required, "until a public agency or private association agrees to except responsibility for maintenance and liability for the accessway." {LCP page 62, policy 8) ~rr 082 Page IV III. COASTAL ACCESS A. Six other public accessways exist within 1,000 feet of Seavaew Terrace 1. Within one or twa blocks of Seaview Terrace the beach can be accessed, without stairs and with disabled accessibility by six existing public accessways. a} Pico Blvd. b} Vicente Terrace c) Vicente Place *d} Marine Terrace official Civic connection) e) Seaside Terrace f) Autaway There are no other Ocean Avenue that number of proximate (designated in LUCE Page 74 as Center/Beach east/west areas of city beachfront off of can claim even 1/2 the above access points. In conclusion, we do not object to the LCP, WE WANT TO BE EQUALLY PROTECTED BY IT. We are not opposed to coastal access. However, we do abject to designating a private easement as a public accessway, particularly when this private easement is surrounded by six other public accessways, is not police patrolled, is not naznta~ned by the city and is not accessible to the disabled/wheelchair bound. Seaview Terrace is private. For the LCP to state otherwise would be to compromise its stated gaals and policies regarding private property rights, public safety and accessibility. we respectfully request that all language designating Seaview Terrace as a coastal accessway be removed. :-~ ~~ ~ S 3 ATTACHMENT P ~~ 084 CITY PLANNING DIVISION CITY QF SANTA MONICA "! E *z D R A N D U M DATE: September 4, 1985 T0: Architectural Review Board FRDM: Planning Staff SUBJECT: ARB 2725, Arcadia Terrace, Timothy liostyk REQU£8T Applicant requests approval of wrought iron security gates at the east and west ends of Arcadia Terrace. BACKGROUND Arcadza Terrace is a private walkway which extends between Ocean Avenue and Appian Way. Properties facing this walkway are a mix of low density residential types. Residents have experienced a loss of privacy and litter Say the increased number of pedestrians using the walk- way, and a decrease in the sense of security for' the area. The applicant, who represents the property owners, pro- poses to limit access to the area through installation of a wrought iron fence and security gate system. Visibility into the area will be maintained. RECD*~!*4ENDATION Planning staff recommends approval of the proposal as submitted. 085 -~- _ _ ,- ` 4 J 4RCHITECTURAL 1(SVIEW BOAPO -- CITY 4F SANTA u0N[CA FEE 325 - APPLICATION FOR ARCH[TE{TURgt REYI£N 4 u~t~ rece~o[ no \~ ~-~S ~ °` aate'fileq REY I cu NUMBER ~ R B = ~; tis REV 1 EW bAT~ • '-'`.ti,4 ~ , - ~ I rCP`~ vVj rip t54?'~(1 .~1_ _ L l - g ~, - ~J ?, A?PL[f~NT ~FIFORMaT10~1 A. Nacre: l.,rr.TH'f .j ICnTY~ Pltone~~"._,=,~~ H Mail.nq Address f::7^ Cry-w~` C. Applicant ~s (check ones Q Rerord Gwner of Property ^ Aaeat of Legal Owner Q Geasae of Property ~ Orher ~ 2. ?Ra,IECT I;ESCRIPTTQGI n Street Address of Project A~an.A ;,,~eQ~cr ~~ac+h Fk;"n r~~ Rwap H. Zanznq• :Name of Huainesa: C. Brief Eiescriptlon of Project: ~.r, L?,T7 C:wZ~ r-A~ sae; haL} fAYr~C'T Ac~tEr:R'C ; n AL~CBntid T ~~~ACF }=~*T~~7~y} r 0. Existing Sa. ..... ~ ~ proposed Sq. Ft.:.f+~H Type of Review- (check all that apply) ~ C Conceptual Aeview ~ Landscape Aavzew IJ ,~evzew fcr ?anal Aapravai ~ Sims F Previous City Co~neil or Planning Canosisaion Acton Aatea: r ? nE'JI~'rl r' c~~ .~ \ Site Plan ~_loor 91ans ~Landacaoe/Irrigatzon -.£LevaGZOns ~ Colors/~7aterials ~Ot:ser *_ have read the review quldiilaes, agree to supply the znfaxmation required, and understand that the review will oe Conducted In accordance with tke review guzdellnea. I, or a qualified repreaen- tatsve, will be present at the meeting to present the project. Name Iplease prsnt} ~~, ;;;~ ~~crl y Signature. -' 4. ALT3QN• Ifor sta~i ise} findings of Fact. Conditions, P.easona for Aetzons; date action ti ds .~it/~rr.uarP/P~36~ Y ~: ~ ('~r~c(j n> stivani~+ •~;`~#h ti-4~ rcrvl4*icYl ~Mr,-- ;5'b •t~Z(i!~ ~cf~4TY` O'^ LI„p-rr-o~a lfl~''^~C5 ~ ~Y ~~1~f5~ Liti" lJ V f~ ATTACHMENT Q ~~ 087 __ .. :=~ - ~` ~~; - ~ _ ~ _. v ' ~ ~~:'~`` ~- ~ BEFORE THE DEPARTMENT aF ALCOHOLIC BEVERAGE CaNTRaL 4F THE STATE 4F CALIFQRI~'IA I!I I`.-~ ~~`u"~~11.~ ~„ T:~ aCrJ3~TI~~V as~.I:~EST: tit.~l Bass2ct 3c ~re;ary .T.:~Ic~i.ay Ye ~71~ .'~LL :rty Dl1c:~t '~ 313 Haan ,venue FI.~ 171 ~?~ ~~ta ~d:.'~~:.3 , uA 9~4~1 Zr;.,. ~d1~ an-s31e ~:~ersi ouol~c pe.tina place i~^enss un3er t!-a ,~l ;artolic ~wr~;e ~ntrol A: t ~~ Tne wove-;~ea~.aane3 lzcenser(s) 'lat l~v~.'L; tr3'13~errAd trz liwnse x~lr."L'1 t~ tine ~rsnte3 i3y t:~ ~oart,~ent's or::er dstej a+~ust j, 'ky3~, ~:~d load cassv ~paesri.n~~ zn?rsfor, try s:.ey of t'~ aenalty of revxation ~s r~reoy v3~.~,.~d 3n3 mid revo:~tion is f~reoy rei~a~se~. ~ renresentetivs ai t:~ D?~:~t;rant gill c311 an you on ar 3iter ~za~u3ry 1~, 1~y~, t`3 pl:rC i1:3 tt'L i~C3:15? C°r~l_i.^.3%2. I~ is 't~reoy certified tn3t an Jazusry 2~, 1~~~, t,~ Depart-~ent ai Alco:nlic ~cV?:'3~Z ~:2~~:71 3~7:30ic?~ t.'2° f~i'Q~QL'1~ 3S 2~5 OL'1e:" i.~ try ,'J:'0~2r~L'1~ Lt~rein 3•escri~d, S~cr3.-ne:~L~a, C~liia:~u3 I?a+.zd: J~.nu~ry 29, 17~ Caralyn Rom^.son ~ t ~n13i , 1'~e3.^L'7~ 3.'1~ i~~31 +~~~ ~'~'~ ~• JAN 31190 f18 8 ~ / J~~ . ~_ ~ BEFORE THE ~ DEFAR'3'NiENT OF ALCOHOLIC BEVERAGE CONTROL OF THE STATE OF CALIFORNIA I°! :r:F. '~.~':%~:t ~' 'i~:~ ACC~SAT1Gi! ~:w;I:dGT. r:~~_ '_,_ i~ Ct"el Bassett ~ Credcry J. ''c=io^y - ' -.. _ -, Ye Clce '-~cky Luck ~ _ ` _ •' Zc;'1C Crean avenue File: ~+I-17iu~c - Can Jcse, C? 9512 Reg.: C9d1u Fesponcent (s 3 JcC=~i~~•! Lice^see(s) uncer tre ~,cc.^.cllc ~ever2^_e Ccrtrol ~+cL. :ne =hove-_ntltled :Wetter ^aving re~uiarly came before t"z :.Epar;,:rent for ceclslcn; azc 1 c~.,C°S:'1('S ~.^. L.'t° rie~^,~:'...~~L1i. 4~'aL tfl? t'E.'SE„C+GjO.'1~tS~ :ia5 ~1ZCG c 5~1,71:18Lt0:1 ~nC ria1VE:' 1 ;,c~rectio't ;dl ~h t;;e sc^uYatlcn rere_n Ln whlc!i resncr.~ent(s) ::a=vers rlo.zt to near.n~ r°CC" 1C°_:'cL1D'1 2r.~ 3r.~C21; ar,~ 5c:~^. Cau: 8 appearing t.^.t'rei :r, L^~ .'~.2FarL.~ent now r gnus v fvi~`Ji:S: _'^~:L C3u5~? fOr d1SC1N11n arf aC~1Cn :7a5 been establlsY:~. l-?L"""1'1?~:^'1 Of 15~'a~' ^.r@S°/1tcG: Trams reSDOC;dEnt(S) V1C18t°d yr ^?:'A1LL~'C v~clatlcn C _w5,:"OS=. ?:;.. ~''CIE.°.S1Cr:S wrG S?Ct1Jn 2~GC14. . C^cunds for susr,erslcn or r°vcca~lcr~ rave been establlsned t:nCer :4rtlcle ~{1C, Section ~~ c t:^e ~batn Co^stlbutier. .~nc' cosiness and Professions Cade ~ectlon 2~2~u(a) and (e). .:^.°r'8. C^?, ~ 15 '7Er~G,f Orderer tnaL t!1e On^5ale gereral punilc eaLln~ p1aC~ 11C n5c(5 ~55;:~~ .C r°Sr.O~'G'enL~S) ~;. ;.,''c aocve-renLloned '!]r°....^115es bE' reYvr{eG°, Wltn $a lc r°YCCSt1C stares .:~cT t:~e of:ecttvF cafe cf the Depar;..-nenL's Geclslon until Ja:~uary 1, 1y50, upo t"° `cllc~r~.^.~. ccrd~tlars: i ..L *:7c 11C_'_']sC S[:al' 'ce trarsferrec t0 u ~ErSCn Or i-°r50n anw ~rC'C15_s aCCCrtS~lc t tr.° ~eoarLT°nt an ar before JGnuary 1, ]^y9v. 4+} -C:?L ih? ll.^.~*ZS2 "Y:_^-.~ ~ ~,''.c .^-.l:rrercereG' tC tn~ Le~art:7CI)i. Cn Cr pe:flr° ~.L'LOGet" Z, ~C: &^ 1:'G~I'l:'~lt~ly t:lE'r;3rter until trarsfzrrec'. c:":C.:1C tre ~''-C°175°e Fail t0 CC''lrj ~ ~f.t:l try prCV15IOri5 a5 5zt .Crtn aCOYe, t::e t'J1reCtCr CI L:1• ^~~r~'".:°C:t ":~ ~~C^~C,C13C 4CVGr24;? CCntrcl IA$yf lr. f1i5 C1SCr°L1Gn ana ;~T1tY:o:.t fur Cher necrlflQ V=C`c4= t:1E 5:.8}' O:`~er 8'l G' rezTcose t :e stayed E.OrtlOn Of 47e ,:eP.clLjf ~ Ot :er:.i5e th~ Stay ::ricer become ce~ranFnL. CSR i IF ICAiE Cr J~C ISIOPJ _t _s rereoy certlf~ed-t^.at cn august 3, 19~y the Depart.-nent cf ~+lcc'ral_c .:ever3b2 C.G:ltr:. -~~.._~.,~ t::e foregclr,~ ~S It dec~5lon In tre prCC°°d1nJ th°reln QG-SCr1GtU. ..acres e^tc CaL:ornls '~ ~ YJ V ~ J q ;;arczyn : oberscr. j' r' ,U1.~'11~t'.["~1~1~I~I'1' U.i~" 1~LCUI.IULiC~ J.~.1.~Vi~I~~~.C~L GUS'"1'i~C)~~ C11~ 'i'l.ll: S`1'e1'TL'' al? C~1.L1I~ d1;1 I~l Irr n1I: i1~hTI~.R Or 'Illsr ELCLLlSATION Acn,itis~ ~ C E i V ~ D Trthel aassett and ~UL 'r - 198 ; Gregory J. IticDlroy ~ F~ 47-1710ZG 1810 Ocean Avenue a~,oy~kdw~ ~ Cox Santa 1`ivnica, C11 x0401 sw~~' Ii~c, pyBZq Itespoliclcli~(s~ Liccnscc(s} ul~clcr t11q A.lcoilolic 2levcragc Contiul nCt. `4 i Y- ' 1` !f L~ !'l vl~ r~ STII'[TL~T14N 11ND tiV1~NTIi ~`~T ~;, ,.; '!'lit a~ovc-namccl respo~iclclit{s} slats licrcl~y: { 1 ~ Arlerrcnvli•rll,r~ rr;rr•rlrl r,f Ilrr• urr•u~:~lleru (w111r ~~iliiir•rl tilnt.•i,irril, irr rr.:.lrnnrlrvrl~ r~rnl f,~ir„5 frrr urrll, ri r~l rlrrfnm,r~ Hurl ,•11l,iilullrrrr curl wulvr•r irr ilia wlrtrti•r;-r:ullllr:rl nr:purr. ~~~ Stll)ulatC that sliSCl()Illllly :lCllOi] ITi7y ~c taken orl t11c accu~atlir~n at~d that suc]I sliscil~li~ts: r[l3V ~}~ CICtCrI111Y2C(1 qI1 t~]c ~S:tSIS Uf tilt: ~:1CtS 4'Ulit~lI1CL1 11~ 111G IIIVCStI'~atlVC ICl7Ort5 Oil i1C Wlt~l lilt I~G~7:lrG1ICIlt. - - - (3 ~~'aive Iris right kq a Ilearir~g, rcconsiclcratinn ana appeal, anti any anct all otlicr tibllt5 tivlricl~ may ~a accorded ~yim pursuant to the Alcollolie vcveragc Control Act or t1i0 1lslministralivc I'ro- s:cciille Act. Stipulate that the on-sale general license (bona fide eating place) be revoked with said revocation stayed until January ]., 1990, upon the following conditions: a. Subject license shall be transferred premises to premises and person to person to a location and to a person that is acceptable to the Department on or before January 1, 1990. b, Subject license shall be surrendered to the Department on or before October 1, 1989, and indefinitely there- after until transferred. if the above-described conditions are not comp~ied with during the stayed period, the Director of the Department of Alcoholic Beverage Control may, in his discrstiorf and without further hearing, vacate the stay order and reimpose the stayed portion of the penalty; otherwise the stay shall become permanent. Sig-Iics1 tlus_-._..:~.;/ _ day o~ ~ C ~[ ~ i`~.:~.~ / E~ _ •, (..[~ f T `~' w. .f c~ ~ _1~~:Tcl. IYQ~._- ~-- - ---f ~ .--_ (IF i,oCrrscc is an ]nclivicluai, he ~nust sign, Iti iicrusee is a partnership, at least one grncrai ir:rrlncr must s[gn. ~ ~ jl' 11CC1iSCC'!S a COtj7pralrpn, IIrl CXeCl11EVC ^~iCer mir<} ai+~n cl~rn..:...r 1.. r~rt.. .. .. r _r^_ _ ,~ s't'n't~: Ut~ cnLtt~Uiir~~A _ _ - I~I~PAIITML:; c' t)F AI .CC?IICII,I(: ~3LVLItAC)a ~~NTIi()I. lx ~ ~i~ ASA7'1 L1i fl} "1 !iE ACGVSATSOiv Ac uxsr f3ASSETT, Ethel & h1C ELRDY, Gregory 3. D•g.q Ye Olde Mucky Duck Resporideret(s) Sani_a MOnica, CA 90401 (,ICENS)r(S).On Sala General Eating Place F>1e ] 7 ] 0 2 b Reg. o ~ ~'r ~ License Nas. 4 7 ACCUSATION Under Alet~hotic Beverage C:ui~trul Act and State Constitution 1 Hereby complain anci accuse the above reslsvndent(s ), hvlcllnl; the shave 1-eeuse (s) , based vu the foIIovv~ng statement v# fact. CO[1NT 1 Continuance of the above-designated 11Cel15P would be contrary to pub1~.C welfare and morals within the meaning of Article XX, Sert:7on 22 of the Const~.tution of the State of Cal ~forn~a, and Business and Profess~.ons Code Section 24200{a), in that on or about November 3, 7986, the above- dP5lgnatPd alr~aholic beverage 11CP.n5e was issued to the respondent-licensee for the above-designated prem~.ses, subject to thA fo7low~ng rondzt~ons: ] . 1'rIP subaec: t_ alcahol is beverage ] icense shall not be exchanged for a publ ~ c- prNlni sF,s t ypc~ l i c-F~n~;r}. 2. '!'he pre~misr`°s shad bP maintained a5 a bonaf~de restaurant_ at all times and steal] provldQ a menu conta~n>.ng an assortment of foods normally offered in restauranr_5_ 3. 'the sale of alcohol LC beverages for consumption off the premises is prohLbited. 4 . `1'i~c~ qu~~ r't r~r 1 y gro:,s ~~a 1 ~ ~ of a 1 rnho 1 1 ~ bt,vE~T ayes ~1~~ 7 ] Illy c~xrc*Pd the grass sales of food dur~.ng the same period. Th~~ licensees shall. keep separate records of the sales of food and alcoholic beverages and shall make them ava~7able for inspert~on by the E}c~Nal ~.mc~rtii ur1 1 c~yut~51_. ` ~,. I ]il [ 1 V .~ 1 lilln `Tii ~~1 nV l.~[•[t Iii 1 ~![• t~l ~ Ili i ,~•~ LEr..I f ~ IIUf_ LC• ..rEJla l l.! ~ t• pl[)I E' than ten feet from the premises. 6. There shall bP no entertainment_ of any kind ~n t_he pats o area, and l.he paLiv wLll be undrr the suk)erv~.s>_ar- of cane Uf i_he 1 Leensees or an employee at all times that alcoholic beverages are bung served on the pat~.~. 7. The 1~censPas and/or employees patio at all Comes ~n ot;dQr to event patrons become noisy and a security guard for the patio and prevent. any ac't~vity which en?ayment. cif their prop;?rty by shall monitor patron artiv~.ty ~n the ensure orderly },~phavior. rn the boisterous, the licensees shat] provide area who shall maintain order thereat ' would ;Interfere with the quiet nearby residents. •~~ F 1 ASC 305 [a-jar ~~ ~~ BASSETT, Ethel & MC ELROY, Gregory J. - 2 - 47-171026 8. No alcnhalic beverages shall be consumed on any property ad]acent Lo I_he 1 tc-en5ec~ pr~~mases under ~t;c~ c-or~Lro1 of ttit~ ltre~nsees. 9. The 1 icc~nsees steal 1 be responsible lcr maintaining LrE~~~ of 1 aL~.er the area adjacent to the premises over which they have r_ontrol. 10. There shall be no pool tables and only ane coin-operated amuse- ment device permitted on the premises. • ]1. Hard articles of trash, such as beer bot=tlPS, arF not to be disposed of outside the premises after 9:00 p.m. Qach day of the week, nor before B:Oa a.m. each day of the week. This includes, but is not limited to, the dumping of beer battles into the meta dumpster. ] 2. The 1 icc~nsPt~s and/or c~rlployc~t~s ar c' t n moni t c>r t h~ ~~d tac~~~nt a] lc+y, and arcs t_o d ~ scouragts patrons from i o i Ler t ng or t?nyay ~ ng t n unsavory act i v ~ t.y . ] 3 . The 1 zcE~nsees are to post a s ~ gn at t-hP entranrE~ of thc~ premises star- i ng that parking is not. perms t_t_od ~n arE~as wl t_h "Perms t Only" parking, and shit peric~dacalLy rncniLor Lhti~se parking arE~as t.o ensure compliance with this requirement. 14. There shall be no lave entertainment or patron dancing permitted in the premises at any tame. (a) That an violation of thQ above-recar_ed rond~tions and on or about July ]0, 198'7, respondent-licensees, by and through thP~r agent-, employee end servant, Thomas Kel]y c! i ~t ~ I I caw ~•rcl ~•r I ..i r taurt•Ir~_ ter t~v ra_t~•~! r rr i ir.• ~~i ~•u~r ~,~••, l_~, Lc~ .1r~+1 ~ Y~ I ~ nrc-,I'~ E h.~n l r•~r ( 1 tl ) I ~•~•i ft tam t 1rc~ I~r r•m I sin .~nc] .- I I nwf•cl I,.r i r arr~ cl.inc c nct i c~ I .ikr• t' I sir-~• w I I t~ ~ ci I hr' l~rr m i ~,c~s. Far the purpose of the imposition of penalty, if any, arlsang from this proceeding, it is further alleged that the respondent-licensees have suffered the following disciplinary history: DATE 2-26-87 VIOLATION PENALTY REG. NO. 23t3U4 B b P 6-J ti-ti /, 3U cidys sus~+. tJ8352 with 15 days stayed. $] , 500.00 Pore ac-ceptPd 7-?~-Ei7 in ] ~c~u cf 15 days. Yr `' V W BASSETm, Ethel & hIC ELROY, Gregory ,7. 47-]7]026 Licensee{s} Previol.is Record: Licensed Type 47 since ] ]-3-86 with the above- lxsted a~srxplxnary ar_t>_on. { I } That by reason of the fog edoinb facts, grounds for suspension Ur ievocatioi>t of sstch licenses} exitit and the continuance of such lioen5c(s) would be contrary to Public welfare an(l meals, as set furllt !11 lliliric ~, Sue[iuil `?~, SLuLC CW1StIlUtlUit, dii(l 5e;cti~ii 242UU{a), 13ususess auu Professions Code; ALL COUNTS {2) That additional grounds for suspension or revocation under Section 2420t} (a) (b } (-), Business and Professions Code, exist in that respondent(s) have violated, or permitted the viola- tion of (a) Business and Professions Code Sections} 23HOA - C'nt~nt T { b) Title 4, Cal. Admin. Code, Rule (s } {c} Dther law: W~REFOxE, Y recommend that a hearing be held on this accusation. Dated this 3 Uth day of JULY ig 8 7, I?r~tnct Admu+ralrator Department of A1coboLc Beverage Cron '' Heuiewed: STATEMENT TO RESPONDENT{S) I NGLEWQOD ~1 l'nk•.+ a wr+tk n ntlu. tit fur ~ h+rnu •• s+l;nr•d b~ y.ni ,K un your Ix I+.df ++ d. Irvr r+rd ur mrdetil lu lln• Ih Iw +urnl of Al~uLuhe ii.•vrugr (u+,lnd w+llµ+t f+llrx•+, (!5) clays offer tln, lura•t;un+ti a«~usulurrt wry ix rxawlly w•rvrd ut+ you ur urutle•cl lu vu lbr Ueixirlu+rrat u{ Akr+hulu lir•vrrrpr (:uulrul n+av pr+x~•d ufx,n lhr attusal~un witlu+ut a hearul~ to lake rcE~on tl+erean as provttltid U law 'I'l+e request for ~ kr.+nnyt +nry Ix• u+rd+• 1+y dr Irvr•r+rc ~ nr l+ca+hut; t6+ ruclcaxYl tuna a ntrlirei • Nut+u of Ur•Fc nse•••' ur Iry drl+ve•rm ••" nr malLn~ a Huber of d+ f+ ux to li+r lkl+rrtu+enl ul Akti+bu~ic ik•vurag4 C.unlrul, irJUi ltrrudw•ry, S.+rra+ne nlu, (rLfurmd tl5tliti, .u pruvu1C(I by SlYtll)rk 1 l:,Ub ui tlk (:uvr ruinr ul (.+rle Tlu• Nr+llrc of 1]e fenx•' furwrnlrcl la•(r•-vlth, if aE}!+nxl rod rr~unkti! lu Ili l)rlrrrlrnrnl of Al+ti+iwirc 13rvrrxKr (wu+ln+l, +6.+11 Ix• rirti nn d a stk+r+f+s, dr u+al of ill }i.+rl. of tkr arcuwlrun. Itiul }nu w+lk nul Ix. ix•nndletil lu ru+K any ulgrcl+w+ lu tln• fufin,uf (~ (~ the rctus,+t+ut+ uul~s.+ y ~u f+k a Fur[brr nut+c+r of drfrnsr• as 11rOVIdLYI u+ se•elum I fSUh rrf flu- G++vrnuur.rd (.rxlr +++tiuu sa+d 15 days after J J serY+l'1 of Wul rccrur#un+ uFwn you You n+ay, but nrrcl nrr1, br representrd by crwnsr•I rtrny ar a!I ~lrgrs of tLe•se prucr^rd~ugs, The brar+n~ rnr~ ix• Ir+alixruc-+l fur gaud trlue, if you hive gu+xl caux, you rra• ubl,Krtrr} to notify this rgrncy wuhm l0 work+ng days ~ .+flrr you d+sc-ovrr 16r l;rxxl c.+nsr Failur+. to nnhfy Yl+u agrrxy w+16rn !0 d.-y~ w+ll drpnve you of a pntilpnnen+ent A~'TACH1t~~~ ~~ ~~TT C ~~ 09~ NOTICE OF DEVELOPMENT PROPOSAL To: Concerned Persons From: The City of Santa Monica Subject of Hearing: Appeal of Conditional Use Permit 95-022, Vanance 95-029 1 S 10 Ocean Avenue, RVC Applicant/Appellant Bruce Marder, Jonathan Horne Appellant Stephanie Barbarnell A Public Heanng v~-~11 be held by the City Council on the follo~~ng request Appeal of _ Commission Approval of Conditional Use Permit 95-022, to allow the issuance of a Type-47 Alcohol License {On-Sale General Alcohol License for a Bona Fide Public Eating Place} to be used m conjunction w7th a new 1,795 5 square foot restaurant and Variance 95-029 to provide 12 parking spaces, with valet parking service; in lieu of the 15 parking spaces required on-site by code for this new restaurant {Planner Susan Healy Keene) TIME: TUESDAY, APRIL 9, 1996 AT 6:30 P.M. LOCATION: COUNCIL CHAMBER, ROOM 213, CITY HALL 1685 MAIN STREET, SANTA MONICA HOVV TO COMMENT. The Crty of Santa Monica encourages public comment on this and other protects You or your representative, or any other persons may comment at the City Council's public hearing, or by writing a letter Letters should be addressed to City Council, City Clerk's Dffice 1685 Main Street, Room 102 Santa Monica, California 90401 MORE INFORMATION If desired, further information on any application may be obtained from the Planning and Zoning Division at the address above or by Calling (310) 458-8341. The meeting facility is accessible If you need any disability-related accommodations, please contact staff at {310)458-8701 - 1 - .1~ Q~ Pursuant to Cahforma Government Code Section 65009(b}, if this matter is subsequently challenged in Court, the challenge may be limned to only those issues raised at the Public Hearing described in this notice. or in v~ritten correspondence delivered to the Cit}T of Santa MOriLCa at, or prior to, the Public Hearing Esto es un aviso sobre una audencia publics pars revisar apphcacFOnes propomendo desarrollo en Santa Monica Esto puedo ser de interes a usted Si deseas mss information, favor de ilamar a Linnea Hernandez en la Division de Plantil"icacion al numero (310} 4~8-8341 f 1p1an1sharelcouncillnotices1a9~022 - 2 - ~ ~ (~ AT~'ACI~MENT D ~~~ Q97 i~'"'~ s T ~y , R ~ ~ o-~u~h ~f ~ ,~ oc 1` r~ ~ '~ 1MY ~ I`:J ~~1 ~J I ~' , >> 3o G ii _ _- -l ' x y L- W Y W GW R~ r [D 4~'J ORSIJE I I P 4 R. R S 1 - ~ W - ~ k' t^. ~ Sa tl I~ A I 1L tl Y >C tl N v +~ ' •. •~rrcr, x51=a" ~ I r 52 - :~ I _.J s< a3 c ~ ~i 54- 55 - -I {t5 i 725 i 7~ ~ ~=,i? i i3! I3 ~ x I s e ~~ ~Y A~~~ ~~CE_~~ ~q • I• 31 ['L~ - s s 15 3 ~ li R Z 14 I 3 ,S g ~ 9 is 6 S~ ~ S f C ~ ~ ~ 3 s r a - 10 s { ~ a ~ 9 8 I 11 SE~7: 4 io 2~ Rpl p ~s } a: ' O ~r ~ ~ ~ 35 f~-`~-~ ~~,~ ~ ~ +< tl~~ Ip• c ~ a..._ nu~S. u .fi rr" f1150fV [ ~~ ~w , '' ~ e,~ti - ~ : g o ~~ lr _ •• k d ~ ~. ~' ...` ~r.~_: I~dG r ~il~ - ; .r ecc [~ ~ CRESG!~r }, f SAY ~ f i~q~K Lrrn ~ ., ~EG,~~ ESCRl~TIOh. L-~ ~ 9. Z~ r ~. ~~~ j ^'8~7-~~/~aSE tiO S7PE.T A7C~ES5 ~~2~ I~/(? OLE/LCJ A(fE~ClL~ tQ+~E AFP~]GANT F~L,411( F'12~~DMAN ~ ~,. Pu6_iC RAl31US rti1AF FOR tiEARINu 7AT~ ~~~~ ~~~~~~ ~~~~ i~~ ~~~~~JV~IUV~ l^/~°~~+~~~~~ ~1 ~~=~; U.s ~~ . . e~a~r~~« AFIo, Mao A ~~~11;~ i~~ »~o ~t ` - - - - q- -_ ~! ~+~ O A~'AC1~ME" E ~, t ~~ ~~~ ~1~ ~ ~~ 1~a e10'~'/~9 r ~ , :~.~ s/ J ~~ . 1y F~L \DtD" ,~ Plamm~~ and Zoning Di~°is~on t I ~ a ~~ IFFs~ 'tia~n Stre4i_ P 4 Boy 1~L-~ ~ Phone {~ 1 ~-1 -1~8-R ~-# 1 Santa ~~lon~ca G~ 9C~4Q ; -~?C~r, Fa~~ [101-1~iw-= MFG January 17, 1995 Stephanie Barbanell FAX # 451-3316 Dear Ms Barbanell 1 have been asked to respond to the questions who asked in your memorandum to Suzanne Frick. dated Januar<< 1 `? . 1996 and recei~<ed in our office on January 16. 1996 Many of the answers to ~°oui questions are found m the Statement of Official Action. «~hich may be available to ~~ou this «~eek 1 As per Condition #~3, the permitted hours of operation are Sunday through Thursday, 2 00 pm to 11 00 pm. «=hen the last patron may be seated. with complete restaurant closure b~~ midnight The permitted hours of operation on Friday and Saturday are 2 00 pm to midnight . E~fien the last patron may be seated, with complete restaurant closure b~~ 1 40 am 2 As per the Santa Monica Municipal Code Section 4 44 03Q (li). rt is unlawful to smoke in <<n}° indoor or enclosed portion of any restaurant All restaurants shall post "no smoking" signs with letters at least one inch in height or the international "no smoking" symbol in an~~ waning or dtnmg area 3 All of the cars parked in the applicant's lot will be valet parked The circulation plan as required by Condition #~55, applies to all valet parked ears and requires the appro~°al of the Director of Planning ,the Parking and Traffic Engineer and the Chief of Police 4 There are no adopted or proposed outdoor dining guidelines far Ocean Avenue south ~~ ~4~ of Colorado about «~hich to notice adjacent neighbors 5 Condition #61 «-as changed at the hearing to read b 1 A fee may be charged to patrons for use of the valet parking 6 There are no conditions included as part of the approval which designate the location of employee parking Mr Marder Indicated at the meeting that some employee garkmg ~~~ould be accommodated at the Prtttkin or other public lot_ but that is not required as part of the approval The parking requirement for a restaurant includes parkin¢ for employees and patrons This restaurant requires 1~ parking spaces, apgroyal of the parking variance permits three of those spaces to be located off-site 7 Guests of the residents of Seaview Terrace will park in the same locatrons as prior to approval of this restaurant With the approval of the Duector of Plannin6, the Parking and Traffic Engineer, and the Chief of Police, there may be a reduction of spaces on Ocean Avenue where the valet parking drop-off/p~clc-up will occur If a patron did not want to utilize the valet parking, there may be patrons {and employees) competing with Guests of Seavie~v Terrace far street parking This situation would exist for any use in that buiidmg However, with a permitted use that did not regwre discretionary approval, there would be no requirement for any additional spaces to be prayided I hope this ans«•erc ~~ our questions I believe a cope of the STQA will be available to~~ards the end of the afternoon tomorroti~~ Sincerely, _ i i Susan Healti~ Keene v' ' Acting Associate Planner ~ ~ .~ 4 ~ AT~'AC~.~NT H .s ~ ~ Ls~~~A~ . ~L '~0 1C-~~?-3~~r ~ Apr ti ~, i~ ~ ~1 P ~l TO' CRY PLANNERS AND CRY gLANG COMMISSK~N NOV, 17, 1995 FROM: RES€DEN'TS DF SLAL'[EW TERRACE RE. TifF iSS+JA~ICI+ OF AN ALCQHOi CahlDi'i'IO~k`AL USE PFRM€T AND REDIsC~D PARKINa VARIANCE TO THE PREMISES AT 1131 t} OCEAN AVE Wir RESIDENTS (}F SfAV~W TERR.AC~ ARE OPPOSES] TD TI•iE ISSE3ANCE OF AIV ALi~bl-101. OONI~-ITICMiAi_ LISP PERT R TC? Ti~E OPERATORS OF THE PREMISES AT 1810 QCfAN AVI=. L~NLE55 ALL OF THI= FOLLOWINCs l~IEGHI3pR}~(3D PROTECTI1fE COIVDfT10Na ARE ATTACFiEQ SO THAT TH15 PREMISES AND [TS OPE1tATIQIV DGES NQT INTE1tFER Y. Ili THE QUIET ENJOYMEf~T OF OUR PROPERTY ANQ SO THAT OI,~R PLBLIC HFAi.TH, SAFETY, AND WELFARE ARE PROTECTED. ~ 1. HUt1R5 ©F OPERATION° SUNDAY T~OIiOEI THURSDAY TI-lE PREMISES WILLBE COMPLETELY CLOSED ISY 1 Q:O(1 FR€DAY AND SATEIRDAY THE PRI=1v115ES WILL 6E CL7MPLETELY CL~DSED SY 1 ~ :C70PM. 2 NO NOISE MAY BE A1,IDIBLE 1~EYDND 1 CF FEIN' OF THE PREMISES ~. NQ OUT'f~(3R C3iNlNG MAY BE PERMlTTEQ. 4. AN AIR EIL a RATK31~ SYSTEM M31ST BE €NSi'ALLEE3 THAT PREVENTS FOt~~[}. SN{OKE. AND C?TIiER RELA~D ODORS FROM PERMWTiNG THE NEIGH80Ri#~D 5. A MAhiDAT'ORY Ti RAFFIC A!~iD ?ARiC11~~3 C~RClSLATiCh; IZvU3T iS ESTABLISHED 31#AT PR1iCLU13ES THE PREl~1 FRAM USil4G T#IE PORTIC314! OF THE 4QJACENT ALLEY WEST QF IT5 PROPERTY LINE FaR THE PLItPO~ OF fNTfRWG Olt ERRING THE PREMISES' PARKI'VG LOT. Ei. PREFEREh'~7AL PERMIT PARKING AFTER 6PM WILL BE ESTABLISfFIED FOR RESIDENTS A7 THOSE PARKING METERS LOCATED Ohi b~N AVE, BETWEEI` THE at)UTi~RI~ BORDER OF THE L01=W S HaTEL AN[] PICO BOULEi~ ORD. 7. SEAVIEW TERRACE, A PRIVATE WALKSTREET, MUST BE GATED. (tbe walkstre$t €s h#ztrdou# at night I}eca~ se 1t ;~ poasly Ilt, It is not ~c~I~ce patr~ied, and It is rot itiandica~pet! acesslble, pui>!ir aces, tliese#are ~v~~,~id p°! -va s serious Pote~tlei liability to the propet'ty vv~~iers j ~ k k 8. ~IOiV€~AY TWRJ4lGH FRIDAY, TRASH MAY SE COLLECTED BETWEEN THE HOURS OFSAM AND 9PM_ SATURDAY AND SUNDAY, TRASH MAYBE CC}LLECTI=D BETWEEN THE HO1JR5 OF 9AM A~VD 91~M. 9 TRASH MUST BE ST(3RED IN BINS THAT ARE S£CIJREl7 V4iTH LOCKS 1 Q NO MORE TFiAitil ~5~c OF THE GR055 SA:"ES ifYILL DERIVE FROM THE SALE t3F ALC0I~OL. 11 NO SEPARATE BAR AREA iS PERK'#' t IwD. 1 ~_ ALCOHOL MUST BE SERVED ICI €X7N.~fiiGTIQN WITH FULL MEAL SERVICE UN1.Y. 'i 3. ONL'f BIER AIVD WINE MAY SE SERVED AT Ttil= PREMISES, AND ALL O;•F SRE PRIVILEDC`ES VVAIVEd. 14. THI" Ct7S.iNT1f FIEALTH DEPARTMENT, AS CaNTRACTEE7 SY THE CITY OF SAhiTA MONiCA, V~LL ~IA1CE THE i3ETfRMINAT30N AS TQ THE ADEQUECY D1= THE SANITATION FACILITIES AND A CERTICfFAT E (,;F C~MPLIANt~ iNITFI THE COUNTY FIEAI.. T H [?EPARTMENT 9S REQUIREI3 IN AD`lANCE OF JBT~.IhIING A FINAL CERTIFCATE DF 01PANCY. 15. A1.L OTHER PER~'A1IVENT CR`1 CONDIT SH~ L AI~LYI ~ HIS PREMISES. ~~ 46 _1_ i'H~~~,k. iE~ ~JJ.~1t~-~~~-~~~+~ Farr rt~,1y F. ?~ P.i~~ ,. t ra: I~~I~~ry i~al~ir+ianl A~t~ QTY PLA~lNERS ~ ~~~ ~I95 ~ F~~I~: sx~I~Al~I~ I3-~-RBANI:I.L RE: OONI7tT1GNAL llSE ?Eitl'.~T FQR A REy~i"A;JRA'~7 YV#TH A TY#'E 47( FG~LL LI~UpR} l.lG£l~SE AT 181 ~' OCEAN /` t£ BADKGROUP~D 5 i A.TElwll=fiiT I'4 1 X91, THE A~C.OHDL f~EVERAGI: C.aNTROL L1EP~,RTMEtr'T ABC) DETERMINEt3 THAT CENSUS TRf-CT'€~19, WiiOSE DERS ARE: ~N#LS}iIRF TO T~iE NORTii, Pica ~O THE St7UTH, LINc"~OLIV T'O THE i:AST, At~II Tfif€ PAE~i' G +3CEAN TO THE WEST; WA5 AN AREA 01= I.iN[>~ i~ COE-iCENTR~~Tit3N aFALCQHt3L OUTtE'~S AS I]EFiNEt3 RY R'l~E 51.3 SEC.23958, t"~ Tf#F BUSINESS AN© PiZOEE.SSIOiVS ~7aE. ` i.~tiQt:lr CONCEh,'TRATIC3N OF ALCOHOL QUT~.ETS OCCURS YVFiE~i '#i-IEftE #S A ~RS3L•`FERATiON D~ ALGNC~ DUTL" rS #t.# AN A4~IJ4 .Ar1`IG~ E;RI#~IE l~EPGRTING DISTRICT HAS ~04b ABOVE THE A~r'ERAta`E CR#ME A5 COMPARc.C Y11iT1 OTHE~t CRIME REPaRT1NG DISI`R1CTS- ~f~7E. FN 1 X93, IT 11~AS [?ETEN-uCli~lEtl THAT SMPp BEAM ~ Ind ~r~+i~F(;~ TMIS PR€~l~ECTiVE i~STAi1RAN? IS LUCr~T£#3 4i~AS .+4N AREA WFTI' 5496 ABOVE T~IIr AYf6tAGE CRIME AS ~,f! ixAl~EO TQ GATHER CRiN#E BEATS CTfYW14]E. F ~Q~SiQt:RATION POINTS/ P~tOXII++{ITY Tf7 [tESit)EN~AL STREETS ANA A PI<;BLIC HIGi~ SCFi0~7~• i TElE ABC RULE 61.4 SEC. ~5T5Q, OF THE SAME COQE +~LSO 4pPLIES THlS RULE STRTi=S THAT ~!0 ,4LC.OHGL O~..I•TLETS ARf TO Bli ALLOWfA Vhil'THNI~# 14(- FEET (3F RieSiDENCES U~lL ESS THE ~i01V-INTERFERENCE Y~#TFi TF3E ~ ~T EI~.iOYMfENT OF TH~}SE RI=S~E~VCES iS ESTABLI~SEiEC]. THE R£STAURAIVT 1~: t~e~5Ti0R AT 1 B1 D DCEAPt AVE IS THE FORMER SfTE OF THE NOTURI0135 MUCKY DUB !( ~1NH~95E ABC LICENSE WA5 FINALL!€ REVOKED AFTER AEi'EATEi~ '~IOLATiQNS OF CI:3NDiTlsJN~ PLACED Qhl FT 5Y THE ASC T© PROTECT Ti•~E IvEIGH6ORHC~O'~.) IT i5 LQCATi=D IN CENSUS TRACT ~ )19, WHICH ALREADY OphITAINS 134 AL4:Qi~lOL LIUTLETS IN A .6 BILE AF~EA ~4'ITi•illi T1EVf? BLAt~tS CfF THE t~NLY ~ Jti`LIC H#GH SCHt3(3L iN T"NE CITY LRuEiTS, THE RESTAURATT #S #MMEI7;ATfLY AiD.FACEfYT TO TWa RIrSIDE~7AL S! MEETS. THE SIGtV#FiCAN~ ©F A®DI~EG THE 135TH ALCO~?L OI+TLET TO THE ENVIRJAIMfNT SURRIXJNI31h'G T~JE HiG!<; SG'NDE7L SI•#i]ULG' Sf SELF fV3DEIrT, IIV 19SD, TFIE SF~E POLICE CONQJ~""T~Ef1 A 1I;:RY ~lCCESSFUL, i~E4OY PRQGRA+~; IN WHICH tlNt~ERACiE %~If1ETS WERE SEtiT T 2t?r~ QIFFEREi+~T ALCOHOL OUTLETS, r..fs~'1-I€IDE, #N OF'•~ER 'T°0 Af ItMPrT 'T~J °t#RCiiASE ALCO#'•#pL TH~Ft VVAf~NeG, AT LEAST l Ofl OF TI•~SE PREI++115E5 I?I[? IRIDI;I<D ~ SELL T'O ARi~IUftS - iY9 OF T}~Ir AL[X3FIOL ©UTLETS "L~4fER>= RESTAURANTS AC11C1 iriOST OF THEI~A HAT! TY~ 47 ~ L#C~NSES THAT PI:RMRTED THE SALE C9F ALC DISTILLED SPIRfTS. (THE tlPI=RAT4R5 OF THE 181 T! i~CEA(x' 4VE. PREhi#SES ARE SEEIC+NG A TYI~ 47 L#[~NSE.) THE SALE TQ F+itlvORS COt~tPRISES THE S~~It3LE LARG£5T CATS ;ORS' OF ABC V#OiATi0N5 AND ~'HE DECOY PRC3GRAi+~ IS T i9f SI~VOL;LA#~LY MOST EFTECT#VE [3ETERREIvCE IN THE Pftl1~'EwTif3'~ OF SALES TO M1'~ORS, THC7~IC,H Ri;CENTLY I~iAI,L.EN6'£D AT THE STAR SUPRE~'!E AS EMICI}TVS~'101~AL. TFiE ~JECOY i'iiOGRA.wI i+UkS UPHELD tlAiAR#iMJI~•SLY BY i~ STATE 5UPREME ~3RT. ONCE A YEAR Ohi C~tAp NIGHT, THE BOI~RD 4F i<D'L~TICilV, SHIM+ERS Its ITS SHADES Itd HQ'~S TkAT R'S t~i,~C 1rViLL SURVIVE TF1E N~1iT. THEIR SOLIITIO*J IS APf~ICOt'AL of TF;E CREATION OFAfit QVERNIGF#T CtAMBL!!vG ShlePr`Ci >INd tlstf CAMPI:S. f~0 MaTTER T!••#AT THEY ARE 5U85~'FTUTING THE PRACTICE JF CANE VICE FDR AIVOTI-#ER. DL"R!N ~ I:~sr vF Tt~~ ~+~AI~, ,#tW ~s ~vo Ftrn~~c~ ~r ~~ ~a,~~~x r~a,~~s ~arvr ~t~+c ~r,~vt~ ,4G+4111i5T 1~1E P~'i~iw~'~~ITfDA+ t~~sccr~~x Cxrr~TS ~ THE I°MMEDWTar v~v~7Y c~ ~ St~roDt.s ~~ ~~~ Extended rage 3 1 IN 0~'HER WORDS, THE SCHOOL DISTRICT HAS SENT A M134ED MESSAGE ~V RS LOUD SILENCE OBI THE MATT R AND HAS AWN NO LEADERSHIP 1N PROTECTING SGHOQL CF~DREN'S t.EARN~IG ENVIRONMENT. THE EXTENDS TO HAVING I_.EASED THE FORMER BOARb OF EDUCATION BUILDING SITE, THAT RESTS QN THE ATHEI..ETiC FII_~ GF THE NIGH SCFIOOL TO A HOTEL TffAT ~3?~ITAiN5 NlJMER{3115 BARS ANA? Mli~l $ARS ANI7 J A5 ALREAtiY CHANGED MANAGEMENT I'V ONLY 5 YEARS ! CONDETif1~fAL USE PFliMtTS GQ 1IiItTH Ti:IE LAND NOT TAE [3FER<~TmR ~ THIS CIiANGE OF OY1iNERSHIIi, AS ilhtELL A5 THE 9595 TURN LIVER RATE OF RESTAi3RANTS, IS PI~EDICTA81.1=~ LEST ANYONE BECOMES TOG ENAIw10REf3 BY THE PROPOSED OIERATOR Of 4 610 OCEAN RkSTAURANT, KGIr Ih MIND THAT THE WARM CUDp~LY OPERATOR WITH THE POLiT{CALLY CORRECT CONCEPT OF TODAY MAY I C)EED FAlL. THE OI'ERa4T~N THEN CAN CHANGE WANI35, AND MAY ONCE AGA#V DEQENERATE INTO THE MUCKY 17tlCK 3PERA3iON aF TDM{7RROW. ALCOHL~t_ CI,II' APPROVALS ARE CrIOT AUTOMATIC ,HTS A~Ii~ ~, fEN THIr SATURATK?N QI= AEi AREA H~tS BEEN REACHEE3, LAIN ENfORCEIuIEhIT IS MAXED OLtT AND pARICIPIG SHORTAt~S IN THE AREA ARE EXTREMELY ACUTE, THF~'V FNQf~GH HAS 7C3 8E ENDC1GHfir PflLICS~ S~E6t'd1CE ABED THE AGGRA~/ATION C)F AI-i EX~STiMG ISOL3CE ENr~DRCEMENT CAPABlL~ - '~ FOR TFiE PURPUSF~ CIF tHE I"NVIROMENTAIr IMPACT REPORTS FOR THE: LflEIfiIS HOTEL, ~ 98~, SI-U I ! a;RE HQTEL, X986-7, MAC~IIRE THOMAS I•?OTEL AND G(=FiCE PRO.lEC75} 19$T-88, Ci'dIC CENTER 51~I:CIFIC I~LAI~, 19J1-f J4, AND WAYSIDE UiSTRICT SPECIi:IC PLAN 1992-95 ~AtL Of THESE PRO.ItCTS ARE LOCATED IN {~NSUS TRACT 7019,E NDT DNE hiE't~~ PD[.IQE DFFIC£R SAS DEEMEC~ NECE55AR1: WITH REGARD TO THE PIER RESTi;~ ATION PRI73FGT,1590-97, A:.50 LaCATEQ IN CEh`SUS TRACT 7019, 01~LY f .75 OFFIGEI±;S 1+V£RE 97EI:ME€~ NIr~55Af ~ ` Tip DEAL VIII'T'H THE PUBLIC SAFETY NEEDS [}F AN A#~EA WITH AN OCCU?ANC1' LOAD OF ~i7,000 PEOPLE ACCORf`~ ~G TU THE SANTA MON~A FIRE MARS1~4t.L. THE NATURAL CONSEQUENCE CF THIS AMOUNT INTEN5iFICATIDN OF LAND USE IN THIS AR"r{A SHOt1LD HAVE ~ IEEN TO MAKE THESE C3EVEL~3PMENTS THAT STQOb TG PROFIT, MffiGATI= THE INCREASES IN POLICE SCRVI(7E bE `+tAND THAT WOULC3 RESi~LT. AfTERALL. EACH AND E1.'ERY CsNE pF THESE PROJECTS CONTAINS ONI= Ok MQRF Ai_i' 3HOL C3UTLETS A~If3 WILL GENERATE UNESTIMATED AMOU~iTS OI: PEOPLE TO THE IMMEDIATI< AREA. ACCOItDRVG` 0 THE POLL, T~ ©RAMATIC (INCREASE IN Citlh~tE IN THE WAYSIDE DISTRICT, FaR E~(AMPLE, CAN BE E7~PLAINEC AS TIC DIRECT RES`}LT OF THE 4M~JM" Of PEOPLE THAT CONCENTRATE NV THAT 4REA. THI: POLICE HAVI= A ST ,Eb POLICY DF NDT ApIsROVING THE 15SlJA1V^„Ie OF AMY MORE ALCOfIDL CUPS IN THAT A.4EA. INSPCTf 01: TNA~' P©LILY, THERE ARE £r1 ALCONO#_ OfiJTLETS IaERMITT'Eb IN A 37 ACRE STRIP. ALI.OF THOSE O[.'TLETS, I•T MUST E1E EMPHASIZED. ARE LOCATED iN CENSl15 TRACT 7079 TH'c CRITICAL TIME FOR PROA+~'TIVE PLANNING ANC PIRt?7'EC"!'fON flF PIo9BL1C I~I.FARE AMI3 SAFI=TY CAA#E AND YI+ENT. POLfCI: SfRt~ICE 1VEEDS fN TfifE CfIY OF 5ANTA lwtONfCA AttE CEISTDMARILY DE7ERIrItNEla AC+COR T~ i ~ FOL- LOVIiAtiG RATIO: TV110 POtIG1= U€FICERS FflR EVERY 1000 RES~EI+tTS. SIGNIFICANTLY, BETiIVEEN T9~IE i 98(3 AI- 1 19~, CEi+lSlJS THEE POPl1LATION DF SANTA MONICA DROPPED FROM 89,OOG Td 86.000. YET THE NUMBER OF POt ° ~ INCII:EASED. THERE tS NDTNt7W NOR HAS THERE SEEN ANY SERIOUS £XAMfNA'I'lON DE TIC IMPACT OF VISITOR Pt3PUL4 i ~DAI Qhl THfS CfTT"S PUBLIC SAFETY 11tEE0S, BUT IT HAS QEEN REPORTED, THAT OiJR GY1 " SItVE:.I.,S TO 300,Q©0 PEOPLE ON THE WEI=1{ENDS. NEEDLESS TO SAY , WE ARE NbT ADEQUATELY PROTECTED , ~€ POLJ~ ARF MUT SLY i~RED BEC4LiSE WE NEED ~WF MAST BE ABLE TIC! PAY FOR Tt I t r ~~ ~~4 _~_ ~R~~~'R~~ TEL IN~~. ~~.~-;'.~i-z~,~~ ~ Rp~ 0 h 35 °.~~ 50, IT IS NOT SUFRISlNG THAT Ih THE 1991-92 8i.'DGET IT WAS DEEtuiE€) !NECESSARY TO HIRE,~D NEW OFF! .RS PAID FQR 8Y IiROPERTtr EXCISE TAX. (NO DOUBT IZ' U11A5 THE PROPERTY QWNERS WHt3 WERE THE PERi'ETRft OItS OI" THE i~L~JORffY OF CRIME Ohl OTHER RESIDENTS AND VISITI3RS {]F SANTA lvlpi+flCA!~) :REPEAT, THAT THE DEVELOPERS A,hD PLANNi=R~ SHOLtt.d HAVE ,ACCOI~NTED FOR THE INCREA~SFS ild FU#C SAFE'Y SERVICE ~ EEDS AND DEVISED IuIITIGATiORI MEA5URE5, OR CHOSEN PRO,iECTS OF A SMALLER SCALE. WHILE THERE HA5 BEEN 1~}NCIOUS t~LAN FOIL SANTA MDNICA TO BfCO~+IE A REwGiO~lAL, !vATIONAL, AND INTERNATIONAL TOURIST DESTlNATiOI~i -THERE HAS BEEN A Ci]N~OIJS FAILtlRE T~3 ~tEATE RENAL, ~IAi1ONAL OR tNT'ERNAT 4 ILIC SAFETY ~-iFRASTiti~CTURE CAI}ACffY. WRH THE RISE [~F VIG~LENs~ IN THE CC)tlNTY, THIS FAILURE WILL HAV CARE CX3NSENGES ALREADY THE POLICE REPf)RT 5I[IRMISHES AT VAItiOUS NIGI•ITL:LL'HS THAT REI~LNRI< Fl!!_L DEPLOYMENT OF ALL AVAILABLE POLICE UNITS FOR HO€}RS AT ~ TIME, WHILE ;HE REST Of THE CITY LAYS , VUL~R46LE i iN 1993, A SPECIAL CiO~r'NTOWN UNIT, CQMPRiSEO OF, SEVE~YfT11:3NAL NEW #~QLICE OfFtCERS $EYE~IVD THE E3TIiER 20, WAS ES;ABLISh1ED AND TEMPE-ItARILY FiJNDED, IN OIZt~ER Tt~ RESf'i7NG 'O THE B~ ~- GONING CRIME IN THE DOWNTOWN AREA - I~ARiibLiLARLY, THE DRUG TRAFFIUIiING IN TINE ~ALISAI)ES' AR~€ ADJACENT TO THE SANTA MONlCA PIER To TFlE INflRTH THAT tiNIT VVAS ESTABLISHED 5{l: THA 3 RAPIC F'Olu~ E RESPONSE TIME Iti OTHER PARTS OF THE ~ Ct~ULD BE NAINTAlNED. CONVERSELY, POLIO' C7FFICIrRS 1NDLILID Nb Lb~.GR BE PULLED FROM OTHER i;,4itTS ~JF THE C'~tY T~7 RESPbIVD TO TFIE FREQL~~IT GALLS TO SERVICE IN THRE !]OIHNTOW~i AREA. ~ KEEP IN MIhfiO, TH,~T THIS 5PEGAL LNIT, UYHICH HAS RECENTLY BEEIN CREDITED WITI•I REDU%INw Ci` iME SY; ~IJ96 IN THE I~t7WNTO~'IN AREA, f5 NOT YET PERMA'VANTLY Fi.iNDEJ AtiD HA5 BEEN COVERED BY OVEI?YIME -~~FICaER5 ~ ~C)R THE PAST Z PEARS 7HI5 iJNIT IS NOT YET DEALING ViIT i H THE iMPAGT OF THE FULL I"y1=1_UX C~ PI;t~PI E WIiG ~IILt SE C(3MING TO THIS AREA AS A t71RECT RESULT C3F THE FUN ZONE, THE EXPANDELy BAYSI€iE i~ISTRICT, AI 3 THE E7[PANDED CMG CENTER PROJErW"TS THAT HAVIr 8lwIPN APPROVED IN THE AI35ENCE OF AF~EQUATl= PUBl..IC ~ 1FETY ~RaONS. ~IN SHORT: WE HAVE BEEN LIVING BEYOND OLIR PUBLIC 5.AFETY MEANa~ FbR A VERY LONG TIME. i ~ D%~TE ~t]L.ICE SARGEAiT STEVE BRACICETT .REGARDING POLICE SERVICE CAPABILITY IN TI~':~_ SG;~H IfEACki r`aftEA. ~IPI:?N ~I+dTEMI~l.AT'~'G AN ~-€?DIT'!O!VAL RESTARANTi ~°I~C=RHQL OLiTLET Q~N THE P~~.~= W~.`~.~ ~+ Al(ED ~ JT." FtffHERMORE, EVEN WITH 2d NEW P"OLiCE QFFK:EItS. ALM05T 2Q0 !N ALL .THERE Qi~E 3'TDLL `.'ONLY 2 V~£ ,- ©FFICERS, SPI:i~Al.IZED IN ALC~oI~G'L LA1NS ANt~ YIiDItK~NG WITH lHE ABC, Tb I~'f]Ni'•"4R TAE EKISTING 324 . ALCOHOk OUTLETS, lET AL3]I91E PRt~STf11JTID!ti, AI'~D -OTHER VICE Ctt11w+4ES 5i~;hi ,4S ILLEC~fi~L GAINIBI~ING. ~ HE VICE DETAIL Is TUESDAY THliOUGH SATURDA~`,,,,,PIZESIai~lliAB~.Y NO ONE OVER DRINKS ,~"~D >~l,E3<F ARE NO A Cf}HOL RELATED ~ICiDENTS OFr SUNDAY ANd MONDAY, THE RECENT Std INCREASE iN THE NUMBER C)F SANTA MCDNI~- ZONING INSPE: TGR-~ t+r~, }N AI}Qfi'ION TO A L ZONING INSPEC~'14N MATTERS ARE RESI:'ONSIBLE FOR MONfTORlhG ALCOHOL a[3N:]IT!C}1VS aF 7HI= 324 ALCC IOL OUTLETS iS DECE€'71VE. NOW THERE ARE ONLY A Tt~TAL OF 4 ZONING INSPECF't]RS AND Oh1LY t]NE OF Tl~hfi ~ ~IiKS AFTER 5:3D PM. NEITHER THI: CITY INOR THE ABC HAVE Ah~ ESTABLlSIiED HOTLsNE TINA?` '5 AVAILABLE TO REl~RT PROBLEMS AFTER 5'S4 PM THE FACT i5 THAT THE 4V~RW~;EEMING 1~1A~OuTY OF ALCOHOL REl eT1=D INCIDENTS Oc~JR $ETWEEN 9PM AN© 3AM IN THE MORNING. - AS EAR AS THE ABC'S DETERRAN€~E/EFORCEI+~EN~' ~:APABiI.ITS` IS CUNCERNEI) THERL ARE ONLY 8 ~NVESTiGATfJR E'VFCXtCEMENT AGENTS Tb MD :r I"OR THE 5iH10 ALCOHOL OUTI.I:T.~ il~ TFiE -Nl~~r Cil~ I'k T I~1FfOSE .IIUR~DICTION INGLl1DES SANTA MOnIIC.A AS WELT. AS ALL OF SOUTH C~NTR.AL LOS ANGLES. [~Rlhlr THE Y+~ILSON ADMlNlSTRATK}'d THE E"*ii~HASIS FIAS BEEF! ON APPt~4VIfVG ALC(3Hi~L UTLETS, li+]SPiTE 9F TH! ABSENCE OF ANY VIABLE ENFORCEMENT C.AI~ABILITY_ ~~ 1~9 -~- __ txtienuea rain _~+ { Tfl ISSUE Any ADDI1'IOii~AL C01~![>I"!"iONA~ ELSE PERMR FOit AI+COHDL IN 7'FIE FACE 4F THE AIgQVI` MENTIONED t ACTS 4S, ~~' NURSE . TO VIOLATE Tr~E SPIRIT AND Il+1fiENT QF TI•IE ALCf31-iQL CE3ND1'fIONA#. USE PEitMIT ORi~INAI :,E. , ~] lS.i±1E A Ci..~P 4R Ahl AI3C LI~tvSE -~~' fiHIS PRfrIvIiSES CAN OMLY 6E hISTRIJI=D AS AltBl'I•lt~RY DECI510N Ia~,AKING AND CQNSTITUTE Ak ABElSE QF '"HE pEt;RfT10AlARY PDiR THAT I_NABI^E~ 7HE ~ ~IIdG QF Sfv1CH I_ICI=1vSES IN CLf~4RLY IMPACTEi] ARIAS THE ALI:~}~?~ I"~RDItiANCIr DEIaIAIVUS THAT A FINEjIIrIG 81= MAbE THAT" NfIGHBQRMe•D4D`S ~URLIC HEALT'rl, SAFETY Ar+lb 1NfLFAR#r ARE PRt~TI~CTEf~_ IIV THE A SfS~CE 4F A SUSTAlNAI3LE ANI3 VIABLE LAl1Y I:iVFOItCEMfNT CAPASILTY. THIS FlI~DING CANNOT BE f~A13E T#iERE €S I~iSUFFICENT PARK€hIG AND THE 11ARIAI~lC£ Sf~UGHT Vlill_Ir CQh".PQl1idQ PA#~KiNG S'tiQFt; AOEs ANfi~ TRAFFIC CIRCULAT#DN f~Nl`LI~~, , .~,~ ~Y~~E~~~ A~:~'t~a~ri~~~RA, ~Y'~itili~LJ:~ETREI: , VYILL 81` nt!]l~xI~TANT, AAEANINC TI iAT RI~SDEIV'TS [ilIF5T5 WILL NAVk I O PAY TO VISff AT AI"L TIMES. ~ H{kViNG SAR] AI_L ?HiS. PAST EKPEItIENCE HA5 TA~lO~IT T"~ =T 4 r,''-~ t1CTI~EMEE_Y RARE El(CEI~'i!"iv, SkNTA MDNICA DECI51011{ MAKERS HAVE NEVER SEEN AN ~-LCC3FI[~L p~.~TLfT r~-iE:~ y-iDN"f L,EKC. TIC'S WiLw IvOT BI= AfiJ E><C£I~TIt}I<I. LARGELY UNENI=Ql~CEABi_!r CUNI)ITIONS V'JILG 8E PLAvI:D Otd THIS SIP, ~tdD S,~SF" c7N 3r#OSE COI~IDITK3N.S TT WILL SE itA'TIOhIALIZIwD ~'!-WT CIE I~f~iBbRHOwD WILD Bf PROTf~: ~ I:G 4F CNI= RE. lE~S THAT CTlNDTT#E3!VS QN PAPER ALOhIE-- PRpT£CT. Y(~1 IGNOIN, ITS KIND DF LSE THAT" PETER P~RIITINICER #FE.L- ClaAP YOR HAM1Ii)5 AT THE TI:LEVISI(lhl IF YDU BELIEVi= IN I`A€RIES-- TN1NG HAPP£~IING. FAIRY D1~5?- ANQ ~ i~APPY TkOUGHTS Wa1ti'T MAKE THIS ELY. A WISH I.IST~SET OF Ci3NI11TlIONS HAS DEER TIdC?I;-iFii : tA_Ll' SI.IBMR"C'ED. >~ ~ 15~ _~_ BA~?~A~ TEL NO 310-451-3346 Rpr 0613 5 24 r.02 X70: CIlY PLANNER5 AND GRY 1~LANNICOMMISSI4N /ABC ~ NOV, 17, 1995 FROM: RESENTS DF VINCENTE TERRAC€ R£: 1H£ 41ANCE Df AN ALC,pHcJL CONDEI~ONAL U5E PEItM1T, TYPE #7 LICENSE, AND REDlfC4°b PARKING ;, ~; VARIAIVC£ TO THE PREMISES AT 181 G OCEAN AVE. WE RFSIDENTS I)F VINOEl~fTE TERRAflE ARE OPPOSED TO THE ISSUANCE OF AN ALE)OHOL C~ONdEi'K3NAL USE PEF~; Ilr TO THE OPEIiATOltS OF THE 4~ItEM4~S AT 1131 a QCfAN AVE. UNLESS ALL OF TIME FOLIAWINLi N4E~#i$ORIiOOI) F PROTECTIVE fANDiTIaNS ARE ATTACHED SO THAT TfftS PREMISES AND fI'S OPIiRAT18N DOES NOT INTERFER Y. TN THE QUIET ENJOYMENT OF OUR PROPIRTY AND SO THAY {?UR PUBLIC HEALTH, SAfETY, AND WELFARE ARE PROTECTEl7. W£ AR£ OPPOSED TO T#IE R€DUCED PARKING VARIANCE DUE TO THE ROUTE SHORTAGE 01' R£SID1=~ TIAL C~IEST PARKING. 1. HOURS OF OPERATION• SUNDAY THROl1GF! THURSDAY THE PREMISES WELLBE COMPLETELY CLOSED BY IQ:DO FRIDAY A1~D SATURDAY tHE PREMISES WILL 13E COF~IPLETELY CLOSED BY 11'.I~PM. 2. NO 4'd04SE AttAY B£ A4JD46LE 43EYflND 10 FEET OF T14E PREMISES.L3. 3 NO DLITDOOR DINING MAY $I: PI:RMi i i EQ. #. AN AIR FILTRATION SY5TEM MUST 1~1= INSTALLED THAT PREVENTS FOOD. SMOKE. AND QT#fEk RELATED ` FORS FROM PERM4ATING TH£ 4dE4GHSOR4i00D. S. A MANDATORY TRAFFIC AND PARKING CIRCULATION ROUTfr I5 ESTAI3LISI~ED THAT PRECLUE)ES THE PREMISI ~ FROM USING THE PORTION OF TNI~ ADJA~NT ALLEY (NEST Of ETS PROPERTY L.I~iE FOR 7HE: PtJRPOSf Of ENTERING OR EKITING THE PREMISES' PARKING LOT. 6. PREFERENTIAL PERMIT PARKING AFTER $ PM VIiILL BE ESTAl~k.ISF1ED FOR RESIDENTS AT THOSE PARKING Mtn t~iS LOCATEp QN OCEAN AVE, 13ETIiYF.EN THE SOIIfHERN B©RDER l)F TF~ LOEW'S HOTEL AND PLOD BOLA.Er~ ~ItD. 7, MONDAY THROUGH FitIDAY, TRASH MAY 6E COLLECTED BETWEEN THE HOUR5 OFBAM AND 9PIwl. SATURDAY AN4] StlNDAY, TRAS!{ MAYBE COLLECTED BETYVE7=N THE HOURS OF 9AM AN47 9PM. $. TRASH MUST BE STORED IN BINS THAT ARE SECUREQ WITH LOCKS. 9. NO MORE TITAN 2S% DF THE GROSS SALES WELL DERIVE FROM THE SALE OF ALC+DHOL. 1 Q. NO SEPARA$'E $AR AREA 15 pERN~ t ~ tD. 11. ALCOHOL MIDST BE SERVED IN CON.R1NC710N WITH FULL MEAL SERVICE ONLY. 12. ONLY BEER AND W4NE MAY BE SERVED AT THE PREMISES, AND ALL OFF SITE PRfV11..EDGES 1NAIVED. 13. THE COUNTY HEALTH OEPARTMI:I~IT, AS CONTRA[: ~ kD BY THE CRY OF SANTA MONICA, iNlL MAKE THE DETERMINATION A5 TO THE ADEQUECY OF THE SAhtITATION FACILITIES AND A C7<RT101fATE OF OOMPUANCE WffH THE COUNTY HEALTH DEPARTMENT IS REQUIRED IN AUVAI~kCE OF OBTAINING A FINAL CE1tTIFCAT£ OF OCCUPANCY. ~ #. ALL OTHER PERTAINENT QTY/STATE CON S SHALL APPLY TO THIS PREI~AIS4:S. v v - __ Amass t I ~c¢~ ~e ~errace._ l~ 11'4 t.~„ ~ ~'~,r-. ~ ~~ , ~ mot.,,,. ~~.~ ~,~ .,.~ ~, ~ 151 _ ~ i BAR~Aa~ TEL 14x0.310-451-3346 Apr 06,13 5 25 F.03 TO: CITY PLANNERS AND CITY PLAN COMMISSION ~ NOV. 17, 1995 FROM. RESIDENTS OF SEAVIEW TERRACE RE: THE ISSUANCE OF AN ALCiaHOL (~DNDITIONAL USE PERMIT AND REDUCED PARKING VARIANCE TO THE pREi++l15ES AT 1$10 OCEAN AVE WE RESIDENTS 4F SEAViElrii TERRACE ARE OPPOSED TO THE ISSU~.iVCE Of AN ALCOHOL CflNDITiONAl. LISP Pr tMIT TO THE OPERATORS OF TWE PREMISES AT 1610 OirEAN AVE. UI~4ESS ALL OF THE FOLLOWING NIEGHBORHddD. PROTECfIVI: CONDRIONS ARI; ATTACHED 5C1 THAT THi.S PREMISi=S AND ITS OPERATION GOES NOT iti'TERFE~ Willi THE QUIET ENJOYMENT OF CHJR PROPERTY ANp SO THAT Ol1R PUBLIC HEALTH, SAFETY, AND WELFARI: ARE PROTI=CfiEO. ~ HOURS dF OPERATION. SUNDAY THROUGH THURSDAY THE PREMISES WILLBE COMPLETELY CLOSED BY 1 Q;. O. FRIDAY AND SATURDAY THE PREMISES WILT- BE COMPLETELY CLflSEp BY 1 ~ :p(IPM. ~. NO NOISE MAY BE AUDIBLE BEYOND 1 p FEET OF THE PREMISES. 3. NO OLfTD00R DINING M,AY BE PERMITTED. 4. AN AIR FILT'RATKDN SYSTEM MUST BE iNSTAi.LED THAT PREVENTS FOOD. SMOI(E, AIVD OTHER RELATED 1 ODORS FROh+I PERMIATING THE NEK+HBQRHOOI]. r 5. A MAiwDATORY T1i;AfFIC AND PARiCINfl CIiZGUI.ATION 4iQt1TE IS ESTABLISHEI? THAT PRECLUDES THE PREi~~~~sES FROM USING THE POitTION OF THE ADJACENT ALLEY WEST OF ITS PROPERTY LINE FOR THE PUi;pOSE Of ENTERING flR EKfTING THE PREMISES' PARKING LOT. 6. PREFERENTIAL PERMR PARKING AFTER 6PM WILL BE ESTABLISEI#D FOR RESIpI~NTS AT THOSE PARKING METERS LOCATED ON DC£AN AVE, BETWEEN TWE SOUTHERN BORDER OF ~ LOEW S HaTEL AND PICO BOLD EVARD. T. SI:AVIEW TERRACE, A PRl4'ATE WALKSTREET, MUST Bf GATED. (the walkstreet Is haz$rdcus at night br;suse It is poorly lit, it is nct police patrolled, end It is not handicapped acessible; public acess, therefore wc+ul~3' pror-e s seHous ISfltential liability to the Qroperty ovwners ) $. MOhIDAY THROUGH FRIDAY, TRASH MAY BE {7OLLECTED BETWEEN THE HOLA2S OFBAM AND 9PM. 5ATLIRDAY AND SUIVI7AY, TRASH MAYBE COLLECTED BETWEEN THE HOURS OF 9AM AND gPM. 9. TRASH MUST BE STORED IN BINS THAT ARE SECURED WITH LOCKS. 1 D. NO MORE THAN 259b OF THE GROSS SALES WILL DERIVE FROM THE SALE OF ALCOHOL. 11. NO SEPARATE BAR AREA IS PERMITTED. 12. ALCOHOL MUST BE SERVED IN CONJLINC'FION WIT'li FULL MEAL SERVICE QNLY 13. ONLY BEER AND WINE MAY BE SERVED AT THE PREMl5E5, AND ALL OFf SITE PRIVILEDGES WAWED 14. THE COUNTY HEALTH {7EPARTMENT, AS CONTRAcI ED BY THE CITY OF SAiVTA MONICA, WILL MAKE THE DETERMf~IATION AS TO THE ADEQUECY OF THE SANITATIOI+i FACILITIE5 AND A CERTIGFATE OF 04MPLIANCE WfTH THE COUNTY HEALTH DEPARTMENT IS REQUIRED iN ADVANCE OF pBTAININ6 A FnVAL CERTIFCATE of OCCUPANCY. 15. ALL OTHER PERTAIN CONDITIONS ALL PPLY TO T1i15 PREMISES. ADDRESS / / ~~ CGe~ <ifiC/t~. ~ ~7 P ~~•~ 15~ _~_ Extended Page 8 7 ~•TO: C1TY PLANNERS AND CITY PLANNING OOMI~1SSlON IABG /SM POLICE-VICE 11/20/95 FROM: RESI4ENTS OF SEAVIEW TERRACE RE: Tim ISSUANCE Of AN ALCOHOL CONIXITONAL USE PERMIT, TYPE 47 LIt~NSE, AND REDU{~D PARKING VARIANt~ TO THE PREI++~SES AT 1 B10 OCEAN AVE. VIIE RESIDENTS 4F SEAVIEW TE~tRACE ARE OPPOSED TO THE ISSUANCE QI= AN ALCOHOL CONDITKlNAL USE PEP, MT TO THE OPERATORS DF THE PREMISES Ai' 1814 OCEAN AVE. UNLESS ALL OF THE FOLLOWING ;1fIEGH13ORH001) PROTECTNE CONDITIONS ARE ATTACHED SO THAT THIS PREMISES Ate[} ITS OPERATION DC3ES NOT INTERFER ~ 'ITH THE QIJIEt ENJOYMENT OF DUR PROPERTY AND SO THAT OUR PUBLIC HEALTH, SAFETY, AND WELFARE ARE `: PROTECTED. WE ARE OPP051=D TO THE REDUCED PARKING VARIANCE DUE TD 771E ACUTESHt?RTAGE Of RESIDE' N11AL Q1EST PARICMNG. 1. HOUR5 OF OPERATION: SUNDAY THROUGH THURSDAY, 8AM- 9 PM WITH COMPLETE SHUT DOWN BY 10PM. FRIDAY AND SATURDAY, 9AM-14 PM iNl'1T•I COMPLETE SHUT DOWN BY 11 PM. ~. Np NtYISf. MULSIC, OR OTHER LNE €NTERTAINMEI~iT MAY BE AUDIBLE BEYOND 1 D FEET OF TF# OPR~MISfS. 3. i+1a OlJ'FDDOR DRNING MAY Bi: PERMr ~ i ~D. 4. AN AIR fILTRATION SYSTEM MUST BE !INSTALLED THAT PREVENTS FDDD, SMOKE. AND OTHER RELATED ' 0[~QRS fROM P1rRMIATING THt_ NEIGHBDRHOQD. 5. A MANDATORY TRAFFIC AND PARKING CIRCULATION RpLiT1r 1S ESTABLISHED THAT PRECLUDES Tt~ PREMI' ~& FROM USING THE PORTION OF THE ADJACENT ALLEY WEST 01= ITS PROPERTY U1NE FOR THE PURP05E DF ENTERING OR EXITING THE PREMISES' PARKING LOT. 6. I~REFERENTIAL PERMIT PARKING AF 1'tfi S PM WILL BE ESTABLISHED FOR RESIDENTS AT THOSE PARKING METERS LOCATED DN OCEAN AVE, BETWEEN THE 50UTHERN BORDER OF THE LOEW 5 HOTEL AND PIGO BDLJL JARD 7. A11 TRASH OOLLECTION AND ALL DELNEItIES MAY BE MADE BETWEEN THE HOURS 8 AM AND 8 PM, SUN =AY THIQOUaH THURSDAY, ON SATURDAY ACID SUNDAY, ALL TRASH COLLECTIOIN AND ALL QELNER~S MAY •° . MADE $ETWEEN THE HOURS OF 9AM AND 8 PM.7RA5H MUST BE STORED IN BINS THA7`ARE SECIJREO WRI LOCKS. S. SEAVIEW TERRACE, A PRIVATE WALKSTREET, MUST BE GATED, (the walkstreet is haxsrdaus at night be~~,use Its poorly lit, It is not police patrolled, and ~i ~s not handicapped accessible; public access, therefore, would gave a sous Potential llabiUty to the property otivnars.) 9. NO MORE THAN 25% OF THE tl~tC35S SALES WILL 1~ERNE FROM THE SALE OF ALCOHOL. ' 1 d,1N0 SEPARATE $Alt AREA I5 PERMr ~ r t0. 11. ALCOHOL MUST BE SERVEt1 NN C()NJU'dGTION WITH FULL MEAL 3€{tVICE ONLY. 12. ONLY BEER AND WINE MAY BE SERVED AT THE PREMISES, AND ALL OFF SITE PRIViLEDGES WAIVED. i 3. THE 04lJNTY HEALTH DEPARTMENT, AS ~NTRACTfD BY TH1~ GCfY OF SANTA MONICA, WILL ~ MAICE TIME DETERMINATION AS TO THE ADEQUEGY OF THE SANITA170N FAGILRIES AND A CERTK~FATE OF COMPLIANCE Wl1N THE COUNTY HEALTH DEPARTMENT IS Iil:QUIRED IN :i ADVANCE OF OBTAINING A FINAL CERTIFCATE OF OCCXIPANCY. 14 ALL OTHER PERYAINENT CRY/STA E COf~ N5 SHALL APPLY TO THIS DEMISES. ~ -~ ~ 15 3 Si(~NED...._ .~itJ~ . ._ - f ~ 13ApBA~ T~~ ~~ ]i~-~~i-~~~~ Apr L~6,1 0.3~ P.L2 • • TO: CITY PLANNERS AND CITY PLANNING COMMISSION /ABC NOV, 17, 1995 FROM; RESIDENTS OF VINCENTE TERRACE is RE. THE ISSUANCE DF AN ALCOHOL CONDITIONAL USE PERMIT, TYPE 47 LICENSI=, ACID REDUCED PARKING VARANCE TO THE PREMISES A7 1810 OCEAN AVE. WE RESIDENTS OF VINCENTE TERRACE ARE OPPOSE{? TD THE ISSUANCE OF AN ALCOHOL CONDi1"IONAL USE Pr;~ MIT TO THE OPERATORS DF TI•tE PREMISES AT I B1 O OCEAN AVE. UNLESS ALL OF THE FOLLOWING NiECHBORH00D ,. PROTECTII/E CONDCTIONS ARE ATTACHED SO THAT THIS PREMISES AND fl"S OPERATION DOES NOT INTERFER ~ '!TH T#~ Q~]Ilr T ENJOYMENT OF DUR PRI:7PERTY AND SO TkAT 01.1R P~LIC HEALTH, SAFETY, AND 1M>rLFARE AR€ ;; PROTECTED. WE ARE OPPOSER TD THE REDUCED PARKING VARIANCE iH1E TQ THE ACUTE SHORTAGE dF RESId~~ ~171AL GL~S C PARKING. 1. HOURS OF OPERATION: SUNDAY THROUGH THURSDAY, 8AM- 9 PM WITH COMPLETE SHUT DOWN BY 10PM. ~ fRiDAY AND SATURDAY, 9AM-10 PM WITH COMPUTE SMUT DOWN $Y 11 PM. a II 2. NO NOISE, MUSIC, OR OTHER LIVE ENTfRTAM1MENT MAY t3f AtlDiBLE BEYOND 1 Q FEET OF THi: flPREM15E5. 3. NO OtRD()OR DINING MAY t3E ?ERM~P rkD. I' 4. AN AIR f1LTRATlON SYSTEM MUST $E INSTALLED T}~AT PREVENTS FORD, SMOKE, AND {?TREK RELATED OpORS FROM PERMIATING THE NEIGHBORHOOD. ' 5. A MANDATOitY TRAFFIC AND PARKtNCs CIRCULATION ROUTE IS ESTABLlSHEb THAT PRECLUDES THE PREMIS~ S 4 FROM USING THE PORTION OF THE ADJACENT ALLEY WEST DF ITS PROPERTY LAVE FOR TFfE PURPOSE OF ENTERING OR EXRiNG THE PREMISES' PARKNG LOT. i~ 6. PREFERENTIAL PERMR PARKING AFTER 6 PM WILL I3E ESTABLISHED FOR RESIDENTS AT THOSE PARKING iNETERS LOCATED DN OCEAN AVE, BETWEEN THE SOUTHERN BORDER Of THE LOEW'S HOTEL AND PICA BOULE. ARR. -_JJi~ 7. Al.er TRASH COLLECTION AND ALL DELNERIES ARE TO I3E MADE BETWEEN THE HOURS SAM AND BPM, SUNK 4Y TI'~DUaH THURSDAY. ON SATURDAY AND SUNDAY, ALL TRASH COLLECTION AND ALL DELNERIES MAY BE MADi BETWEEN THE HOURS OF 9 AM AND 8 PM. 13. `f RASH MUST BE STOREf] IN BINS THAT ARE SECURED WITH LOCKS. I; 9. NO MORE THAN 2596 OF THE GROSS SALES WILL DERIVE FROM THE SALE OF ALCOHOL. 1©. ND SEPARATE BAR AREA !5 PERMRl'ED. 11. ALCOHOL MUST BE SERVED IN CONJUNCTION WRH Ft1LL MEAL SERVICE ONLY II' 12. ONLY BEER AND WINE MAY BE SERVED AT THE PREMISES, AND ALL OFF SITE PRIVILEdGES WAIVED. . 13. THE COUNTY #IALTH DEPARTMENT, AS GONTRACTED BY THE CITY OF SANTA MONICA, MAKE THE bETERMtNATION AS TO TF~ ADEQUECY OF THE SANITATION FACtLFTIES AN CI=RTICIFATE OF COMPLIANCE WRH THE COUNTY HIFALTH bEPARTMENT IS REQUIRED IA ADVANCE df 08TANVING A FINAL. CERTIFCATE OF OUgJPANGY. 1+1 ALL OTHER PERTAINENT CITYfSTATE CONDITIONS SHALL APPLY TO THIS PREMISES. WILL D A ~' ~~S 5 1~t~1.+~° ~c ~~~. ~ ~ ~~ ~~54 Vv f s` ~ ~~ Z ~ ~ ~ ~ ~ ? ~ ~b~a1 kiHK~H'~;, TEL NQ i~1-451-336 ANr G~ ~ ? ~ G ~~ P , 0? TO; Ct1Y PLANNERS AND CITY PLANN~Iti COMMISS~N /A8C ~ NOV, 17, 1995 FROM; RESIDENTS OF VINCENTE TERRACIr RE; TH£ 15S~JANCE OF AN ALCOHOL CONDITIONAL USE PERMIT, TYPE 47 LICENSE, AND REDUCED PARKING VARIANCE T4 THE PItEiNISES AT 1810 QCEAiV AVE. WE RESIDENTS OF VINCENTE TERRACE ARE OPPOSED TO THE ISSUANCE OF AN ALCOHOL CONDITIONAL USIr pER-~ IT TO THE O~RATX7R5 OF THE PREMISES AT 1810 OCEAN AVE UNLESS ALL OI` THE FOLLOWING NIEGHBOR}iOOD pROTECTNE CONDCCIONS AR£ ATTACHED 50 THAT THIS PREMISES AND fT5 OPERATION DOES N4T INTERFI:R V4~ -H THE QL11ET ENJOYMENT OF OUR PROPERTY AND SO THAT OUR PUBLIC HEALTIi, SAFETY, AND WELFARE ARE PRVTECTEb. WE ARE OP'PO5E[1 TO THE REQUCEp PAR#CING VARIANCE tH1E TO THE ACUTE SHORTA(~ t]F RES~E~' TIAL CakIEST PARKING. 1. HOURS OF OPERATION: SUNDAY THROUGH T#iURSDAY THE PREMISES WILLBE COMPLETELY CL05ED 13Y 10:Oq~ FRIDAY AND SATURDAY 7FIE PREMISES WILL BE COMPLETELY CLOSED BY 11:0bPM. 2. NO NOISE MAY BE AUD~LE BEYOND 10 FEET OF THE PREMISES.fl. 3. NO OUTDOOR DINING MAY BE PERMITTED. ~. AN AIR FII,TRATIDN SYSTEM MUST $E INSTALLED THAT PREVENTS FOOD. SMOKE. AND OTHER RELATED ODORS FROM PERMIATiNG TIDE NEIt~IBORHOaD. 5. A MANDATORY TRAFFIC AND PARICNVG CIRCULATION ROUTE IS ESTABLISHED THAT #~RE~.UDES THE PItEA~S~S FROM USING THE PORTION OF 7I~9E ADJACENT ALLEY WEST OF R5 PROPERTY LINE FOR THE PURPOSE OF ENTERING OR E%FnNG THE PREMISES' PARKING LQT. ' 6. PREFERENTIAL PERMIT pARKINti AFTER fi PM WILL 6E ESTABLISHEt? FOR RESIDINTS AT THOSE PAR441NG METER5 LOCATED ON OCEAN AVE, BETWEEN THE SOl1T#iERN BORDI=R OF THE tOEW S HDTEt AIVD PICO BOLILE' ARD. T. MONQAY THROUGH FRIDAY, TRASH MAY BE COLLECTED BETWEEN THE HOURS OFBAM AND 9PM_ SATUI<tDAY AND 5[lNDAY, TRASH MAYBE COLLECTED 6ETWEEN THE HOEiRS OF 9AM AND $PM. B. TI~-SH MUST BE STORED IN BINS THAT ARE SECURED WITH LOCKS, ~ 9. NO MORI: THAN 2596 OF TriE GR055 5ALE5 WILL DERNE FROM THE SALE Of ALGaHOL. 1 p, NO SEPARATE I3AR AREA 15 PERMITTED, 11. ALCOHOL MUST BE SERVED IN CONJUNCTION WITH FULL MEAL SERVICE ONLY. 12, ONLY BEER AND WINE MAY BE SERVED AT THE PREMI5I;S, AND ALL OFF SRE PRNILEDGES WANED. 13. THE OOUNTY HEALTH DEPARTMENT, AS CDNTIZACTED BY THE CITY DF SAN~`A MONICA, WIt,L MAKE THE DETIrRMINATION AS TO 'C'H€ A#?EQUECY OF TN€ SA~iITATION FACN.RIES AND A CERTICIFATE E?F OOMpLIANCE WITH THE COUNTY HEALTH DEPARTMENT IS REQUIRED IN ADVANCE OF OBTA~IlN6 A FNVAL CERTIFCATE OF OC~IPANCY. 1 ~, AI_I.OCHER PERTAINfNT CITYISTATE CaIwDITIONS SHALL aPPLY TO THIS tREMISES. .-,.. ~ _ ~ _ _ ~ r, _ . ADDRESS ~~ 3 _ Y l ~ ~ ~ '~.~. :I ~ -- i a ~~ 1~I~ _y_ ~ TEL ND,31U-~51-3345 Apr' Ob,1.5 U~~+~ r•'°"` ~Ai~BA,.S T0; CtCY pL.ANNEIiS AND CFTY PLAC C?OMMISSI4Al fABC N4V, 17, 1 H95 'FROM: #tESSi?EIdTS OF VINCENTI~ TERRACE Rli: THE 155UANCE OF AN ALCOHOL CONDR'IONAL USE PERMIT, TYPE ~7 LICENSE, ANp REDtJC€D PARKING ; VARIANCE TO THE PREMISES AT 181 D OCEAN AVE. VYE RIr51DETVTS OF VINCENTE TERRACE ARE OPPOSED TO THI~ ISSUANCE OF AN ALCOHOL CDNDITIONAL U5E F'. RMIT TJ THIr OPERATORS Olr THE PREM15E5 AT 1$1 D OCEAN AVE. UNLESS ALL OF THE FOLLOWING NII=GNBORH~b; PFtOT€CTIVE CONDfiTONS ARE ATTACHED SO THAT" TIiIS pREMlSES AND fTS OPERATIQN DOES NOT 1NTERFEF, VttITH THE QUIET ENJOYMENT OF OUFt PR4pERTY AND SO T4~A'I- OUR PUBL4C HEALTH, SAFETY, AND VVElFARE ARE ' PROT~CTEb. VILE ARE C~POSIrD TO THE REDUCED I~ARKNVG VARANCE bUE TO THE ACUTE SHORTAGE= OF REST ~ ?NTIAI., t~EIEST PARKING. 1. EIOURS OF OPERATION: SUNDAY THROUGIi THURSESAY, BAM- 9 PM VViT~I GUMPLETI: SHl3T DOWN BY 'EpPM.~ fRli?AY ANti SATURDAY, JAM-10 PM Yr`ITFI COMPLETE SHUT DOWN BY 71 PM. ~. NO ~f01SE, Mf.JSIC, 4R OTHER LIVE ENTERTAINMENT MAY BE AxJbIBLE Bt:YONd 10 FEET OF THE a1PRENYSES. 3. NO 0[tTD00R U~IIWC~ MAY B!: PERMI ~ i tD. 4. AN AIR FILTRATION SYSTEM MUST E3E INSTALLED THAT PREVENTS FQOD, SMOKE. AND OTHER RELATED ODORS FROM PERMIATING THE NEIGHBORHOOD 5. A l~+IAIVDATORY TRAFFIC AND PAElKIt~G CIRCULATION RE)UTI: 1S ESTABLISi~D THAT PRECLUaES THE pREMI~~ S IKROM U51NG THE PQItT'ION OF THE ADJACENT ALLEY VYEST DF E't5 PROPEI7TY LINE FOEt THE P1]RPOSF flF ENTERING all EJCITiNG THE pREMlSES• PARKING LOT. G. PRI=FEitEKF'IAL PERt~4IT PARKWG AFTER 6 FM Vlf#LL $E ESTABtfSHED FOR RESfOENTS AT THOSE I'A101({NG MfTERS LOCATED Obi DEAN AVE, BETWEEN THE SOttTHERI.i B4RbFR OF TH>r LOEV1~'S HOTEL AI~t~1 PIES 1JLI=~ AEtD. i 7. AL! TRASH COLLECT~N AND ALL DELIVERfES ARF~ TO E3E MAC BETWEEN THE HOURS 8AM AND BEAM, SUNt,~ 4Y TF~OUGI~I TF~IRSDAY. O!~! SATURDAY AND 9tINDAY, ALL TRASI~ COLLEG`T10N AND ALL DELNEEtlES MAY E3E MADE E3ETV~lEfN THE HOURS OF 9 AM AND 8 PM. $. TRASH MUST BE STARED IN SINS TFFAT ARE SECURED W1TH LOCKS. 9. ti0 MARE THAN 2596 OF THE GROSS SALES WILL DERIVE FROM THE SALE OF ALCOI30L. ~ 10, NO 5£pARATE BAR ARIrA IS PERMFT'fED. 1 'I . ALCOHOL MUST 8E SER11l:p 1N I~DNJUNLTION V11RH FUI_I` MEAL SERVICE ONLY. 12. UIVLY BEER A9VQ WINt: MAY 8E SERVEb AT TFEE PREMISES, AriIQ ALL DFf SITE PRIVILEt}GES WAIVED. 13. THE COUNTY HEALTH DEpAEtTMENT, AS CONTRACTED BY THE CfTY OF SANTA MONICA, WILL ~ MAKE THE DETEEtMINATION AS TO THE ADF:QUECY OF THE SANITATION FACiL1T1ES ANU A CERTiCEFAT>: 4f COMPLIANCE W4'FH THE C011NTY HEALTH DEPARTMENT I.S REQUIRED IN ADVANCE OF OBTAINING A FliVAL CER71Fi'ATE QF OCCUPANCY. t 4. ALL OTHER PER NIrNT L'ITY/STATE CONDITIOMS SHAL PLY T4 THlS PREMISES. ~ ~ i f SIGNED _ p _. _„ - ~L i ADDRESS.. _~ _ U ~[`P~ ~f~f~cc.~f'_ _ I ~~ 156 ~~_ i BARBAS~.• TEL N0.310-451-3346 APr 06,13 0'42 P 05 TO: CRY PLANNERS AND CITY PLANNI~COMMISSION /ABC ~ NOVi 17, t 995 fROM• RESIDENTS DF VINCENTE TERRACE RE• THE ISSUANCE 01= AN ALCOHOL CONDITIONAL U5E PERMIT, TYPE 47 LICENSE, AND REDUCED PARKING VARIANCE TD THE PREMISES AT t 81 p OCEAN AVE. WE RESIDENTS OF VIN(~N3E TERRACE ARE OPPOSEb TO THE ISSUANCE DF AN ALCOHOL CONDITIONAL USE PER' IT TO THE OPERATORS OF THE PREMISES AT 1$10 OCEAN AVE. UNLESS ALL DF THE FOLLOWING NiEGHBORH00D PROTECTIVE CONDffIONS ARE ATTACHED SO THAT THIS PRiMISES AND RS OPERATION DOE5 NDT INTERFER ih f H THE QUIET ENJOYMENT Of OUR PROPERTY AND 50 THAT DUR PUBLIC HEALTH, SAFETY, AND WELFARE ARE ~ PRDTIwt:~ tI7_ W'E ARE DPI'OSED TD THE REIlUCED PARKING VARIANCE DUE TO THE ACUT1" SHORTAtaE DF RE511)EI T'IAL gUEST PARKING. 1. HOURS OF OPERATION: SUNDAY THROUGH THURSDAY, $AM- 9 PM WFTH COMPLETE SHUT DOWN BY 1 OPM. FRIDAY ANI7 SATl1RDAY, 9AM-11a PM WITH C1DMPLETE SHUT DOWN BY 1 '1 ~N. 2. NO NOISE, MUSIC, OR OTHER LIVE ENTERTA~IMENT MAY BE AUDIBLE BEYOND 1p FEET OF THE I~REMl5E5. 3. NO OUTDOOR DINING MAY BE PI=RMi ~ ~ tD. 4, AN AIR FILTRATION 5Y5TfM MUST BE INSTALLED THAT PREVENTS FDOp. SMOKE. AND OTHER RELATED ODORS FROM PERMIATING THE NEIOH80RHOOd 5. A MANDATORY 7RAFfiC AND PARKING CIRCULATION ROUTE 15 ESTABLISHED THAT PRECLUDES THE PREMISS FROM USING THE PORTION OF THE ADJACENT ALLEY WEST OF ITS PROPERTY LINE FOR THE PURPOSE DF ENTERING DR EXITING THE PREI~AISES` PARKING LOT. 5. PREFERENTIAL PERMIT PARKING AFTER fi PM WILL BE ESTABLISHED FOR RESIDENTS AT THOSE PARKING METERS LOCATED ON OCEAN AVE, BETWEEN THE SOUTHERN BORDER OF THE LOEIIV'S HOTEL AND I'ICO BOULEI~ ORD. 7. ALL TRASH COLLECTION AND ALL DELIVERIES ARE TO 61w MAI?E BETWEEN THE H4UItS 8AM AND 8PM, SUNG ~Y THIROIJGH THURSDAY. ON SATURDAY ANp SUNDAY, ALL TRASH COLLECTION AND ALL DELIVERIES MAY SEk MgpE BETWEEN THE HOURS OF 9AM AND $ PM , 8. TRASH MUST BE STORED IN 81NS THAT ARE SECURED WITH LOCKS. 9 NO MORE THAN 259b OF THE GROSS SALES WILL CIERIVE FROM TFIE SAtE OF AI:.COHDL 113. NO SEPARATE BAR AREA IS PERMUTED. t i. ALCOHOL MUST BE SERVED IN E:30NJUNCTiON WffN FULL MEAL SERVICE ONLY. 12. ONLY BEER AND WINE MAY 8E SERVED AT THE PREMISES, AND ALL OFF SITE PRIViLEDGES WAIVED. 13. THE COUNTY HEALTH DEPARTMENT, AS OONTRACTED BY THE CITY OF 5AN7A MONICA, WILL MAKE THE at ~ tiiMINATION AS TO THE ADEQUI=CY DF THE SANfTATION FA4~171E5 ANI7 A CERTIClFATE OE COMPLIANCE W[TH THE COUNTY HEALTH DEPARTMENT IS REQUIRED IN ADVANCE DF 08TAINING A FINAL CERTIFCAITE DF OCCUPANCY. 14. AI.L OTHER P,ERTAINENT CITY/STA ~d ITI SFIALL APPLY TO THIS PREMISES. (DIED _ / AI~ItESS ~! "der ~•, , C ~ lr - ~ ~ ~ ~~~ ~ ~~ r ~~57 ~i- -- - `~,~°_ TEL N0.3i0-4~1-335 Apr 05,13 0.43 x',05 TO: CITY Pi.ANNERS AND CITY P#.ANNING C:DMMISSIOf~4 NOV, 17, ! 995 fRQM; RESIDENTS OF SfAVIEW TERRACE RE; THE ISSUANCE OF AN ALCOHOL CUNDfTK3~tAL LASE f'ERMfT AA}D REQLJCED PARKING VARIANCE TO TWE `~ PREMISES AT S 81 Q 4CEA6i AVIr 11Vr: RESIDENTS OF 5EAVIEW TERRACE ARE t7PP~O5ED 70 THE ISStJAN{:E QF AN AIrCf_ CQIVI~ETIONAI: USf ~_.~.F 7t3 Tl~ OPERATORS OF THE i+REM~S AT 1 fat I} OCEAN AVE. UN1.ES5 ALL OF Tl~ FOLLOWING NiEtBiBORWOOD PROTf:G'CIVE CtMIDITIOf-15 ARE AT7AC1~1l:t? SE} THAT 7WIS I'f2EIwIISES AND ITS OPERATION DOES 1VflT M~fTffiRFElI Nt1~I THE Ql)IET E4V,10YMffVT ~ Oillt PROPERTY AIVf3 SO THAT dJR i~BLiC WEALTH, SAFETY, AND WELFARE AR£ ~ PROTECTED, t .HOURS OF OPERATION: SUNDAY THROUG4# TI~JRSf~AY THE PItEMESIrS WILkBE COMPLETELY CLUSED 13Y t Q:~ #1. FRIDAY AND SATU#DAY THE PREI~IISIrS WILL B1= COMPLI=TELY CLOSI~a 87 11;I)p1~. ~ - 2. NO Na(SE MAY 8E AUDIBI.f BEYOND 10 FEET OF TH£ PREMISES. 3. N8 OI.JTDt30R DINING MAY BE PERMRTED. 4: SAN 14iR FII,.TRATION SYSTEM MfJST BF fNSTALLED THAT PREI/FTITS F(70D. SMOKE. ANa OTHER RELATED ODORS FI[OM pEItMiATING t`Hf NEIDHBORHOOU. S. A fvlANl?ATORY TRAFFIC ANI7 PARKfNG CfRCULATION ROUTE f5 ESTABL.ISWEI) THAT PRE~U8E5 TFII: PRE- ~15ES PROM USING THE PORTIdN OF THE AD,IA(~NT ALLEY WEST dF 4TS PROPERTY LINE FOR THE QURPOSE ~ ENTERING bR EXITING THE PRfMISI;S~ PA#tKIt~G LOT. R P E I'Rf`fE E~TIAL PERM[C PARK~tG AF~e1: 6 Nk WILL BE ESTABLISEHED FOR RESIDENTS AT THOSf PARKIN M!7"ERS I.flCATJrD fJN O(~AN AVE, BETWEEN THE SOI.TtF~EftN f30RD€R bf THE LDEW S WQ7'fL AND P~ $Qf ~LE~/ARQ. 7. SEAYI~W TEftRA~, A R#tNATE WALKST1tI=£T, MUST $E GATIr[3. { tl~e v+~Alicstroet Is huardrxis at night # acausa it Is paflaly At, It Is ~~t pollc:a patrolled, and ft fs net hard'+~appar! ac~easlble; public aces, therefore wrot d prove s aarfous potential flabl~lty #o the property avuners. } $. MONDAY TIfR0U4H i=RIpAY, TRASW MAY BE COLLECTED BI:TWEfN THE HOURS OF$AM Alf? 9pM, SATUR[~AY AND SUNDAY, TRA51i MAYBE COLLECTED BETWEEN THE HOfJfiS OF 9AM A1~D gpM, 9. TRASH MUST 8E ST4REd IN 81NS THAT ARf SECURED WITW LOCIfS, t O. ~ NO MORI; THAN 2596 4f Tim £~tOSS SALES WtLI ERNE FROM THE SALE OF ALObI~k, 4 i. I11p 5E1'AfiAi`E 8AR AREA IS PERMI'ITEG. i 2. ALCOHOL MZ1ST !3E SERVEf] fiV O41h1-pJNCI'IdN VYITH FULL MEAL SERVICE ONLY 15. Al.lr b'fHER PERT, i 3. ONLY BEER AND WINE MAY $E SERVED AT TiHE PREM15lr5, AND ALL OFF SfT1: PRIVILEDC WAIV i ~. THE ~0!!NT'1' HEALTH f]f PARTMENT, AS CONrRA~TED BY TWE CI~I' QF fD. MAKE Ti,IE Cx tERMl11lATf{)At AS TO THE AbE SANTA MONlCA, WILL SATE IJF C014IPI..iANCE yy~ QUECY dF THE SANRATION FAC~ITIES ANI? q ADVANCE OI: dBTAINING A F 7WE C41~17Y HfAf_T~I DEPARTMENT ES REQUIRED Ild IIW41 CER71FG4Tf pF OCCIJPANCl'. CITY CONDITIONS Sl•IAl.I_ APPLY TO THIS PREMISES. _ j~ a' ~~ ~ ~ ~1 ~ ~ ~' - - -- - - .~ Extended Pege 6 1 TO: d11' PLANNERS AND CITY PLANNING COMMISSION /ABC /SM POLICE-VIDE 71 /24/95 FROM: RE~DENTS OF SEAVIEW TERRACE IE RE. THE ISSUANCE pF AN ALCOHOL CONDITIQNAL USE PERMIT, TYPE 47 LICENSE, AND REDUCED PARKING VAitIANGE TO THE PREMISES AT 1814 OCEAN AVF. WE RESIDENTS OF SEAVIEW TERRACI~ ARE OPPOSED TO THE ISSUANCE OF AN ALCOHOL CONDCIIQNAL USf ~ :RMIT TO THE OPERATORS OF THE: PREMISES AT 1810 OCEAN AVE. UNLESS ALL OF THE FOLLOWING NIEGHBORHOO~ PROTECTIVE CONDfIl4NS ARE ATTACHED SO THAT TF#t5 PREMISES AND ITS OPERATION DOES NQT I'~TERFE Wfl'Fi THE QUIET ENJOYMENT OF OUR PROPERTY AND SO THAT OUR PUBLIC HIEALTH, SAFETY, AND WELFARE ARI:~ PROTECTED. V41E ARE OPPOSED TO THI: REDUCED PARKHVG VARIANCE DUE TO THE Aq.JT'E SHORTAGIE OF RES )ENTIAL (S.IEST PARKING. , 1. HbUIRS OF OPERATION: SUNDAY THROUCl~! THURSDAY, 8AM- 9 PM WITH COMPLETE SHUT DDWN BY 14P1 FI'tIC3AY AND SATUR6AY. 9AM-1 D PM WITH COMPLETE SHUT GOWN BY 11 PM ~. !~0 NOISE, MUSIC, OR OTHER LIVE ENTERTAINMENT 3. NO OliTpDC~R bilhlltiG MAY BE PERi~+If i i ~D. MAY BE AUDIBLE BEYOND 14 FEET OF THE GPREMiSES. :~ 4. AN AlR FILTRATION SYSTEM MUST BE INSTALLED THAT PREVENTS FOOD. SMOKE. AND OTHER RELATED ODORS FROM PERMIATING THE NEIGHBORWOOt7. 5. A MANDATORY TRAFFIC AND PARKING L;IRCliLATIOi~ RpUTE IS ESTABLISHED THAT PRECLUDES THE PRE LASES FROM USING THE PORTION OF THE ADJACENT ALLEY WEST OF ffS PROPERTY LINE FOR THE PURPOSE OF EN'fER~lG OR EXiriNG THE= PREMISES' PARKING LOT: 6. PREFERENTIAL PERMIT PARKIEVG AFTER 6 PM WILL BE ESTABLISHED FOR RESIDENTS AT THOSE PARKING METERS LOCATED DN OCFAN AYE, Bir iWI:EN THE SbUTI~RN BOliDE3i al= THE L()EW'S HOTEL AND PICO BO' LEI~ARf?. i. ALL TRASH COLLECTION AND ALL DELIVERIES MAY BE MADE BETWEEN THE HOU~tS 8 AM AND 8 PM, Sly IDAY THROUGH TIiURSDAY. ON SATURDAY AND SUNDAY, ALL TRASH COLLECTION AND ALL DELIVERIES MA'' Bf MADE BETWEEN THE HOURS OF 9 AM AND 8 PM.TRASH MUST BE STORED IN BINS THATARE SECURED VI' ITI LOCKS. B. SEAVIEW TERRACE, A PRIVATE WALKSTREET, MUST BE GATED, (the rvslltstreet Is haaardous at Myht scause Its poorly lit, it is not palica patrolled, and It is not handicapped accessible; c access, therefore, wo(a d prove a serious poteestlai Ilabllity to the property owners.) 9. ND MORE THAN 2545 OF tHE GROSS SALES WILL DERIVIr FROM THE SALE DF ALCOHOL. 10. NO SEPARATE BAR AREA IS PERMl1TED. 11. ALCOHOL MUST BE SERVED iN CONJUNCTION WITH FULL MF.~4L SERVICE ONLY. 1 Z. ONLY SEER AN€? WINE MAY 8E SERVED AT THE PREMISES, AND ALL OFF SITE PRlVILEDG~S WAIVED. 13, THE COUNTY HEALTH DEPARTMENT, AS CONTRACTED 13Y THE CITY 4F 5ANTA MONICA, YVILL MAKE THE DETERMINATION AS TO THE ADEQUECY OF THE SANITATION FACILITIES AND A CERTK~FATE OF COMPLIANCE WfTF3 THE C(}tJNTY HEALTH DEPARTMENT IS REQUIRED IN ADVANCE OF OBTAININfl A I'INAL CfRTIFCATE OF OCCUPANCY, '! 4. ALL OTHER PERTA~IENT CITY/STATE DITIONS SHALL APPLY TO THIS PREMISES, ' _ I 5IQNED t . _ ... _. ~~1 e~~ f ~~ -- - -_=- --- Cs f ADDRESS_ /~ ~~~, t-- ~r ~ - - -- ~ ~ ~ ~ 5 9 ~xte~d2d Fage ~' PLANNERS ANI3 CITY PLANNING G(IMMIS5fOH /ABC /SM PQirICE-VICE 11 /20/95 FR >`A: IrtESIpENTS OF SEAVIEW TERRACE , RE:11dE 9S5UANCE OF AN ALCOHOL CONDITIONAL USE PERIv~IT. TYPE 47 LIClENSE, AND REDUCED PARKING VAI'tIANCE TO THE PREMISES AT 1810 OCEAN AVE VYE RESIDENTS pF Si:AVIE`,N TERiRACIw AR€ OPPOSED TO T11E iSSJANGE OF AN fiLCJ!-14L CONDtTK?RfAL Lt5€ PE .M~ i TO THE {]PERATDRS OF TIfE PREMISES AT 181 G OCFAI~ A+IE. UNLESS ALL OF THE F(}LLOVYIN~ IV#EGi~BORHOOD PitDTI:CTIVE CDNl~1TIQNS ARE AiTAtjHEL+ SO THAW THi~ I~Rl=~IISES AND STS OPERgTION DOES NOT II~'T'ERFEIt NI'i FI THE Q~#ET EN.~YM€NT OF OLJR PROF`ERTI~ AND SO T#-#~!T dU~+ PUIILIC H€AL7~i, SAFETY, ANP WiELFARE ARE PROTI=CTED. ~IiE ARE OPPOSEt3 TO THE ItEbU~D I~AEtICINC VARIAh(~ DL1E 1'Q THE ACUTE SHORTA~ OF RESI[r NTIAL QUEST I'AlilC#NG. . 1. NOUitS DF ~3PERATIDN: SLJN~3AY THROLtGFI THEIRSDAY, BAh~'- $ PM V'1iTH COIE+IPLE'!-E SHLI'T I~WN BY 10PM. . 1=R#DAY AND SA,'i~URL)AY, 9A~~-10 PM ~+RH COMPLETE S#~i1I DON~I~f $Y 11 Pt++l. a 2. NO NOIS€, ~, QR OTHER LIV1< F~iTERTAINMEiyT M,AY $E AUf?ff3LE BEYONI)10 FEET OF T~FfE QPREMiSES. 3. X10 OE.II'DE~t)R D#NIr'+iG MAY ICE ~RM~I"~D. I 4, Ald AIR #=iLTRATfON SYSTEM MUST RE INSTALLED T~1AT PI3I=VENTS FOOD. SF~OKE. AIUD QTHER REt_ATI=13 OD:3RS FROM PERM#ATING TIDE NEiGf~IBORHOOL~. } 5. A MANDATORY TP.AFFIC A~iD PARKING GIRCULATIO~! ROUT€ IS ESTABLlSFFEd THAT PRECLUDES THE PREMi;}' J5 FRAM LISRVC THE PORTION OF THE ADJAG'ENT ALLEY WEST 4F f','S PROPERTY ! INE FOR THE PURPOSE flF E13'F'ERING flR EKITING T'HE OREMISES' PARKWG LOT. ~ 6. 7. 1 1 I'I'tEffRcNT1AL PERMIT pARKlIVG AFTER fi PM WiI.L BE ES7ABL~5FiED FOR RESIDf114TS AT THOSE PARI(IIVO MF"'ERS LDG4TI=D CrN t~CEA!d AVE, BETWEEN THi SOtiTHERt~d BORDER OF THE LOEVJ'S iiOTEL A~'D PIES BQULF ~AR{7. A1..L T'RAS'r! O4LI~CT~N ANp ALL i7ELIVERI£S MAY $E I~.ADI< BEII~EEN T#~ IiOUkS 8 AM AND 8 I M, St}NC~ :Y THRdIIGIi THS..iRSDAY. ON SA'tUR.gp.Y AND SLi~ii:?AY, ALL TRASH CC3LLECT1t3N AND ALL I]ELIVEIt~ES ~~Y BM !~Ai~E BETWEE!~ TWE F~#OL1R5 OF 9 AM AND 8 PM,TItASF# h~LiST BE STOREf? I~f BiIVS THATAItE SECURd±G 1fVITE aOC!(S. S~,AVIENr' TERRACE, A PRIVATE t~JALICSTREET, MUST ®E OAATED, : tha wmllcstraet Is I~axerclvus at night bBC, J56 its p~a-iy I~t, ~i .s rat pelFCe patrolEed, and it is nor handicapper! accessible; public access, therefore, wa~ld ~ ~~a a s~irr~s Iaoter+tisl Iiabliity to the property ov~ners.) 9. NO I~QRE THAN ~5~6 OF ~i€ rROSS SALES NULL DERIVE FROM T SALE QF ALCOHOL. 18. NO SIrFARATE IsArt AREA IS l~~tMI1TED, 11, pL~HOI. MUST BE SI:Rt~ED IN CONJLX-1C47CN VlliTf9 FIiLL ~4EAL 5~R`v1CE ONLY. 12. 4tiLY Ig1;ER A-ti°I~ WINE MAY $E SERVEp AT THE P#teMISES, 4N'--J ALL TIFF SITE PRIVILEDCsES 1NAIV£!). 13. THE C~ILiNTY IT#t I~EPAItTMCNT, AS QONTRACTEi} $Y TIDE CITY 0= SAM'A MONICA, NfILL MA!(I: THE D~ s ~I€~IIIVATIO~I AS TQ THi± ADEQuECY OF ThE SAhlITAT1ON FAClLtTIES ANI) A CE#~TIgFA7E OI= L~DH+IPLIAN{~ WI~'H THE AUNTY HEALTI-t DEPARTMENT IS REQURtED i~ ADVAN~ {3F ~JI~TA1NsNG A FINAL *,~'ERTIFCATE DI` OC~JPAhIGY 4. ALL OTC-IER PERTA#NE. CiT'Y/STATE GONDC`iL~ 5 SHALL APPLY Ttl T1-lia PF.I:MiSES SIGNED }, _~ _..~~`'~ _ ADDRESS ~ .~df ~G"~.-~f~G'd~ ._ !~ +~ ~. Ei U _ ~ .. EARBAS TEL NO 310-4~1-3346 CUNTINUE~ 1~/2I95 Fop r 06 , 13 5 23 P 01 TO: CAPTAIN MAPPS/SUSAN HEALY KEENS FAK ~~~-5G51/ 458-338 F FROM: DALE KERRY--17 VICENTE TERRACE `' CURTiS AND EDNA SAMS--4 ~ SEAVIE~11 ~.~R. BERNADETTE KELLER--31 1f ICENTE TER. ASA BAGREN &TODD GAITEN, 38 VICEhlT~~ S.G. BARBANELL--16 SEAVIEW TER. JERRY BASS--16 SEAVIEW TER. L. JANEL JONES--41 VICENTE TER. JUHIV JOEL JACKSON--41 VIGENTE TER. LOVELLA & LEVI SINGER--31 VICENTE TE ~. RaSS RICHiE--41 1I~ VICENTE TER. SALLY REINMAN 11 VIGENTE TER MARCEL FELSEN 11 VICENTE TER. EDMOND STOLLENWERK 11 1 /2 VICENTE ~'.R ESTELLE H. SNGER 1 ~ sEAViEW TER. ROA GUTIERREZ 1760 OCEAN AVE. RE: ALG{3HOL CONDITIONAL USE PERMIT FUR A RESTAURANT WITH A TYPE 47 LICENSE; AT 810 OCEAN AVE. TO BE DISCUSSED ~ 1 x/6/95, PLANNING COMMISSION HEARING f cif E NEED YOUR HELP TO ENSURE THAT OUR NEIGHBORHOOD IS PROTECTED! ~~ THANKS IN ADVANCE FOR YOUR CQNSIDE~~ ATIOi~ OF THIS MATTER, ~ ~ 16 ~. ~K_M.,, `~ YtL h~0..:~1~!-~~1-3-~:~6 F.01 Apr ~~,~3 ~~. ~11~95 TC~~ CAPTAIN NiAPPS/SUSAN WEALY KEENE FAQ 3~3-5CS ~ / 458-838 C/~ CITY HALL ~ 885 FAIN STREET SANTA MUNICA~ CA. FRC)I~T~I~ ih~iMl~~, 4~ EAVIE111~ TER. } , RE; ALCC~H~L CC~N~iTi1`1iAL USE PERMIT FC~R . J A RESTAURANT ~IIITH A TYPE 47 LICENSI, AT 181 ~ t~CEAN A1~E. TQ ~E C~ISCUSSED i 1 ~/~/9S, PLANNING CQI~IIMlSSiC~N HEARiN~~ ICE NEED YOUR HELP T~ ENSURE THAT BUR NEI~HS~RH~JC~~ IS PR~TECTE~~ THANKS IN AD~lANCE ~~R YOUR CQNIDE :~ ATIC~N ~DF THIS I~lATTER. ~ _~_ ~~~ ~ ~~ --. - • 5 TO CITY PLANNERS, CITY PLANNERS, SM POLICE-VICE! ABC 12!13/95 FROM MEMBERS OF SOUTH BEACH NEIGHBORHOOD WATCH RE THE ISSUANCE OF AN ALCOHOL CONDITIONAL USE PERMIT FOR A TYPE 47 ALCOHOL LICENSE. AND REDUCED PARKING VARIANCE TO THE PREMISES AT 1810 OCEAN AVE WE MEMBERS OI= THE 50UTH BEACH NEIGHBORHOOD WATCH ARE OPPOSED TO THE ISSUANCE OF AN ALCOHOL CONDITIONAL USE PERMIT AND TYPE 47 ALCOHOL LICENSE TO THE OPERATORS OF THE PREMISES AT 18100CEAN AVE. UNLESS ALL OFTHE FOLLOWING NEIGHBORHOOD PROTECTNE CONDITIONS ARE ATTACHED SO THAT THIS PREMISE5 AND ITS OPERATION DOES NOT iNTERFER WITH THE QUIET ENJOYMENT DF OUR PROPERTY AND SO THAT OUR PUBLIC HEALTH, SAFETY, AND WELFARE ARE PROTECTED WE ARE OPPOSED TO THE REDUCED PARKING VARIANCE DUE TO THE ACUTE SHORTAGE OF RE5IDENT[AL GUEST PARKING 1, HOUR5 OF OPERATION SUNDAY THROUGH THURSDAY, 8 AM - 9 PM WITH COMPLETE SHUTDOWN BY 10 PM FRIDAY AND SATURDAY, 9 AM - 10 PM WITH COMPLETE SHUTDOWN BY 11 PM 2 NO NOISE, MUSIC OR OTHER LIVE ENTERTAINMENT MAY BE AUDIBLE BEYOND 10 FEET OF THE PREMISE5 3 NO OUTDOOR D[NING IS PERMi i i rD 4 AN AIR FILTRATION SYSTEM MUST BE iNSTALLI*D THAT PREVENTS FOOD, SMOKE. AND OTHER RELATED ODERS FROM PERMEATING THE NEIGHBORHOOD 5, A MANDATORY TRAFFIC AND PARKING CIRCULATION ROUTE 1S ESTABLISHED THAT PRECLUDES THE PREMISE5 FROM USING THE POTION OF THE ALLEY WEST OF CTS PROPEAY LINE FOR THE PURPOSE OF ENTERING OR EXISTING THE PREMISE'S PARKING LOT 6 PRI=FERENTIAL PERMIT PARKING AFTER 6 PM WILL BE ESTABLISHED FOR RE5IDENTS AT THOSE PARKING METERS LOCATED ALONG OCEAN AVE ,BETWEEN THE SOUTHEWRN BORDER OF THE LOEW'S HOTEL AND PICO BLVD 7 ALL TRASH COLLECTION AND AI_L DELIVERIES MAY BE MADE BETWEEN THE HOURS OF 8 AM AND 8 PM, MONDAY THROUGH FRIDAY ON SATURDAY AND SUNDAY, ALL TRASH COLLECTION AND ALL DELIVERIES MAY BE MADE BETWEEN THE HORS OF 9 AM AND 8 PM ALL TRASH MUST BE STORED IN BIN5 THAT ARE SECURED WITH LOCKS $ NO MORE THAN 25 ora OF THE GR055 SALES WILL DERIVE FROM THE SALE OF ALCOHOL 9 NO SEPARATI" HAR IS PERMITTED i 1 ALCOHOL MUST BE SERVED IN CONJUNCTION WCTH FULL MEAL Si=RV1CE ONLY 12 ONLY BEER AND WINE MAY BE SERVED ATTHE PREMISES AND ALL OFF- SALE PRIVILEGES WAIVED 13, THE COUNTY HEALTH DEPARTMENT . AS CONTRALTI=D BY THE CITY OF SANTA MONICA. WILL MAKE THE DETERMINATION AS TD THE ADEQUACY OF THE SANITATION FACITIES AND A CERTIFICATE OF COMPLIANCE WITH THE COUNTY HEALTH DEPARTMENT IS REOIRED IN ADVANCE OF OBTAINING FINAL CERTIFCATE OF OCCUPANCY AND ALCOHOL LICENSE 14 ALL OTHER PERTAINENT CITY~STATE CONDITIONS SHALL APPLY TOTHlS PREMISES SIGNEp ~~~~ ~„ / ADDRE55 / ~ ~ N ~~~~. ~. ~ .9-- _ ~~ -~,.,,~ S ~.,,,~,~ y~„s~.,,~ cam-. gi ~-~ :} -_ ~~~ TO CITY PLANNERS. CITY PLANNERS, SM POLICE-VICEIABC 12!13/95 FROM MEMBER5 OF SOUTH BEACH NEIGHBORHOOD WATCH RE THE 155UANCE OF AN ALCOHOL CONDITIONAL L1SE PERMIT FQR A TYPE 4? ALCOHOL ~.ICENSE. AND REDUCED PARKING VARIANCE TO THE PREMISES AT 1810 OCEAN AVE WE MEMBERS OF THE SOUTH BEACH NEIGHBORHOOD WATCH ARE OPP05ED TO THE ISSUANCE OF AN ALCOHOL CONDITIONAL USI=PERMIT AND TYPE 47 ALCOHOL LICENSE TO THE OPERATORS OF THE PREMISES AT 1810 OCEAN AVE .UNLESS ALL OF THE FOLLOWING NEIGHBORHOOD PROTECTIVE CONDITIONS ARE ATTACHED SO THAT THIS PREMISES AND IT5 OPERATION DOES NOT INTERFER WITH THE QUIET ENJOYMENT OF OUR PROPERTY AND 50 THAT OUR PUBLIC HEALTH, SAFETY, AND WELFARE ARE PRDTECT!~D WE ARE OPPOSED TO THE REDUC>~D PARKING VARIANCE DUE TO THE ACUTE SHORTAGE OF RESIDENTIAL GUEST PARKING 1, HOURS OF OPERATION SUNDAY THROUGH THURSDAY. 8 AM - 9 PM WITH COMPLETE SHUTDOWN 8Y 10 PM FRIDAY AND SATURDAY, 9 AM - 10 PM WITH COMPLETE SHUTDOWN BY 11 PM 2 NO NOISE. MUSIC OR OTHER LIVE ENTERTAINMENT MAY 8E AUDIBLE BEYOND 10 FEET OF THE PREMI5E5 3 NO OUTDOOR DINING IS PERMITTED 4 AN AIR FILTRATION SYSTEM MUST BE INSTALLED THAT PREVENTS FOOD. SMOKE, AND OTHER RELATED ODERS FROM PERMEATING THE NEIGHBORHOOD 5, A MANDATORY TRAFFIC AND PARKING CIRCULATION ROUTE IS ESTABLISHED THAT PRECLUDES THE PREMI5E5 FROM USING THE POTION OF THE ALLEY WEST OF R5 PROPERY L1NE FOR THE PURPOSE OF ENTERING OR EX15TiNG THE PREMISE'S PARKING LOT 6 PREFERENTIAL PERMIT PARKING AFTER 6 PM WILL BE ESTABLISHED FOR RESIDENTS AT THOSE PARKING METERS LOCATED ALONG DCEAN AVE ,BETWEEN THE 50L1THEWRN BORDER OF THE LOEW'S HOTEL AND PICO BLVD 7 ALL TRASH COLLECTION AND ALL DELIVERIES MAY BE MADE BETWEEN THE HOURS OF a AM AND 8 PM, MONDAY THROUGH FRIDAY ON SATURDAY AND SUNDAY, ALL TRASH COLLECTION ANf] ALL DELIVERIES MAY BE MADE BETWEEN THE HORS OF 9 AM AND S PM ALL TRASH MUST BE STORED IN BINS THAT ARE SECURED WITH LOCKS 8 NO MORE THAN 25 °~o OF THE GROSS SALES WILL DERIVE FROM THE SALE OF ALCOHOL 9 NO SEPARATE BAR iS PERMITTED 11 ALCOHOL MUST BE SERVED IN CONJUNCTION WIT]-i FULL MEAL SERVICE ONLY i2 ONLY BEER AND WINE MAY BE SERVED AT THE PREMISES AND ALL OFF- SALE PRIVILEGES WAIVED 13. THE COUNTY HEALTH DEPARTMENT , AS CONTRACTED BY THE CITY DF SANTA MONICA, WILL MAKE THE DETERMINATION AS TO THE ADEpUACY OF THE SANITATION FACITIES AND A Ci`RT1F}CATE OF COMPLIANCE WITH THE COUNTY HEALTH DEPARTMENT IS RE{]iRED 1N ADVANCE OF OBTAINING FINAL CERTIFICATE OF OCCUPANCY AND ALCOHOL LICEN5E 14 ALL OTHER PERTAINENT CITYISTATE CONDITIONS SHALL APPLY TO TH15 PREMISES 4 ~~ SIGNED ~ ~~~~`C~ ,- S ~ ~ ,., ADDRESS ~~ ~G ~ r~~- ~ ' ;~P ~(~~ ~ ~ C~ r ~T) ~~ l ~, P, i ~ ~ TO C[TY PLANNERS. CITY PLANNERS. SM POLICE-VICE! ABC 12/13/95 FROM MEMBERS OF 50UTI-I BEACH NEIGHBORHOOD WATCH FIE THE ISSUANCE OF AN ALCOHOL CONDITIONAL USE PEFfMlT FOR A TYPE 47 ALCOHOL LICENSE, AND REDUCED PARKING VARIANCE TO THE PREMISES AT 1810 OCEAN AVE WE MEMBERS OF THE SOUTH BEACH NEIGHBORHOOD WATCH ARE OPPOSED TO THE ISSUANCE OF AN ALCOF-IOL CONDITIONAL USE PERMIT AND TYPE 47 ALCOHOL LICENSE TO THE OPERATORS OF THE PREMISES AT 18iQ OCEAN AVE , UNLE55 ALL OF THE FOLLOWING NEIGHBORHOOD PROTECTEVE CONDITIONS ARE ATTACHED 50 THAT THIS PREMISES AND ITS OPERATION DOES NOT INTERFER WITH THE ~UkET ENJOYMENT OF OUR PRQPERTY AND SO THAT OUR PUBLIC HEALTH, SAFETY, AND WELFARE ARE PROTECTED WE AAE OPPOSED TD THE AEI•?UGED PARKING VARIANCE DUE TO THE AGUTE SHORTAGE OF RESIDENTIAL GUEST PARKING 1, HOURS OF OPERATION SUNDAY THROUGH THURSDAY. 8 AM - 9 PM WITH COMPLETE SHUTDOWN BY 1D PM FRIDAY AND SATURDAY, 9 AM -10 PM WITH COMPLETE SHUTDOWN BY f 1 PM 2 NO NOISE. MUSIC OR OTHER LIVE ENTERTAINMENT MAY BE AUDIBLE BEYOND 1D FEET OF THE PREMISES 3 NO OUTDOOR DINING IS PERMS i ~ t~ 4 AN AIR FILTRATION SYSTEM MUST BE INSTALLED THAT PREVENTS FOOD, SMOKE, AND OTHER RELATI=D ODERS FROM PERMEATING THE NEIGHBORHOOD 5, A MANDATORY TRAFFIC AND PARKING CIRCULATION ROUTE 1S ESTABLISHED THAT PRECLUDES THE PREMISES FROM USING THE POTION OF THE ALLEY WEST OF ITS PROPERY LINE FOR THE PURPOSE OF ENTERING OR EXISTENG THE PREMISE'S PARKING LOT 6 PREFERENTIAL PERMIT PARKING AFTER 8 PM WILL BE ESTABLISHED FOR RESIDENTS AT TH05E PARKING METERS LOCATED ALONG OCEAN AVE ,BETWEEN THE SOUTHEWRN BORDER OF THE LOEW'S HOTEL AND PICO BLVD 7 ALL TRASH COLLECTION AND ALL DELIVERIES MAY BE MADE BETWEEN THE HOURS OF 8 AM AND 8 PM, MONDAY THROUGH FRIDAY ON SATURDAY AND SUNDAY. ALL TRASH COLLECTION AND ALL DELIVERIES MAY BE MADE BETWEEN THE HORS OF 9 AM AND 8 PM ALL TRASH MUST 13E STORED IN 61NS THAT ARE SECURED WITH LOCKS 8 NO MORE THAN 25 °~ OF THE GROSS SALES WILL DERIVE FROM THE SALE OF ALCOHOL 9 NO SEPARATE BAR 15 PERMITTED i i ALCOt-iOL MUST 8E SERVED fN CONJUNCTION wRH FULL MEAL SERVICE ONLY 12 ONLY BEER AND WINE MAY BE SERVED AT THE PREMISES AND ALL OFF- SALE PRIVILEGES WAIVED 13, THE COUNTY HEALTH DEPARTMENT , AS CONTRACTED BY THE CITY OF 5ANTA MONICA, WELL MAK); THE DETERMINATION AS TO THE ADEC}UACY OF THE SANITATION FACITIES AND A CERTIFICATE OF COMPLIANCE WITH THE COUNTY HEALTH DEPARTMENT IS RE[71RED 1N ADVANCE OF OBTAINING FINAL CERTIFCATE OF OCCUPANCY AND ALCOHOL LICE=NSE 14 ALL OTHER PERTAINENT CITYSTATE CONDITIONS SHALL APPLY TO THIS PREMISES SIGNED ~ ~ ~ ~~ ~_= ~ ~ v " i ~ ~ ~ ~, '~ ADDRESS ~ ~ fop ~ I C~ / ~E"~ ~ ~ ~~ ~ ~`/ r ~# 165 TO CITY PLANNERS. CITY PLANNERS, SM POLICE-V1CE/ ABC 12/13/95 FROM MEMBERS OF 50UTH BEACW NEIGHBORHOOD WATCH RE TFiE ISSUANCE OF AN ALCOHOL CONDITIONAL USE PERMIT FOR A TYPE 47 ALCOHOL LICENSE. AND REDUCED PARKING VARIANCE TO THE PREMISES AT 1810 OCEAN AVE WE MEMBERS OF THE SOUTH BEACH NEIGHBORHOOD WATCH ARE OPPOSED TO THE ISSUANCE OF AN ALCOHOL CONDITIONAL USE PERMIT AND TYPE 47 ALCOHOL LICENSE TO THE OPERATORS OF THE PREMISES AT 1810 OCEAN AVE ,UNLESS ALL OFTHE FOLLOWING NEIGHBORHOOD PROTECTIVE CONDITIONS ARE ATTACHED 50 THAT THIS PREMISES AND IT5 OPERATION DOES NOT INTERFER WITH THE QUIET ENJOYMENT OF OUR PROPERTY AND SO THAT OUR PUBLIC HEALTH. SAFETY, AND WELFARE ARE PROTECTED WE ARE APPOSED TO THE REDUCED PARKING VARIANCE DUE TO THE ACUTE SHORTAGE OF RESIDENTIAL GUEST PARKING t, HOURS OF OPERATION SUNDAY THROUGH THURSDAY, a AM - 9 PM WITH COMPLETE SHUTDOWN BY 10 PM FRIDAY AND SATURDAY, 9 AM - 10 PM WITH COMPLETE SHUTDOWN BY t 1 PM 2 NO NOISE, MUSIC OR OTHER LIVE ENTERTAINMENT MAY BE AUDIBLE BEYOND 10 FEET OF THE PREMISES 3 NO OUTDOOR DINING IS PERMi i i tD 4 AN AIR RLTRATION SYSTEM MUST BE INSTALLED THAT PREVENTS FOOD. SMOKE, AND OTHER RELATED ODEAS FROM PERMEATING THE NEIGHBORHOOD 5, A MANDATORY TRAFFIC AND PARKING CIRCULATION ROUTE IS ESTABLISHED THAT PRECLUDES THE PREMI5E5 FROM U51NG THE POTION OF THE AI I FY WEST OF RS PROPERY LINE FOR THE PURPOSE OF ENTERING OR EXISTING THE PREMISE'S PARKING LOT 6 PREFERENTIAL PERMIT PARKING AFTER 6 PM WILL BE E5TABLISHED FOR RESIDENTS AT THOSE PARKING METERS LOCATED ALONG OCEAN AVE , BETWEEi~f TFfE SOUTHEWFIN BOADI=R OF THE LDEW'S t-fOTEL ANQ PICO BLVD 7 ALL TRASH COLLECTION AND ALL DELIVEREES MAY BE MADE BETWEEN THE HOURS OF S AM AND 8 PM. MONDAY THROUGH FRIDAY ON SATURDAY AND SUNDAY, ALL TRASH COLLECTION AND ALL DELIVERIES MAY BE MADE BETWEEN THE HORS OF 9 AM AND 8 PM ALL TRASH MUST BE STORED 1N BIN5 THAT ARE SECURED WITH LOCK5 e NO MORE THAN 25 °~ OF THE GROSS SALES WILL DERIVE FROM THE SALE OF ALCOHOL 9 NO SEPARATE BAR IS PERMITTED 11 ALCOHOL MUST BE SERVED fN CONJUNCTION WITH FULL MEAL Si=RViCE ONLY t2 ONLY BEER AND WINE MAY BE SERVED AT THE PREMISES AND ALL OFF- 5ALE PRIVILEGES WAIVED 13, THE COUNTY HEALTH DEPARTMENT , A5 CONTRACTED BY THE C]TY OF SANTA MONICA, WILL MAKE THE DETERMINATION AS TO THE ADEdUACY OF THE SANITATION FACITIES AND A CERTIFICATE OF COMPLIANCE WITH THE COUNTY HEALTH DEPARTMENT 1S R1;QIRED 1N ADVANCE OF OBTAINING FINAL CERTIRCATE OF OCCUPANCY AND ALCOHOL LICENSE 14 ALL OTHEfR PERTAINENT CITY/STATE CONDITIONS SHALL APPLY TOTHlS PREMISES SIGNED r/~ ~i~ .~a`~; ~~~~~/ J Gz fl~~L f~'~t1vr ~ c~~ Cs~ ~f ~(r',S~ ADDRE5S :~ ~ ~ ~ TO CITY PLANNERS CITY PLANNERS, SM POLICE-VICE! ASC 17,!'13/45 FROM MEMBERS OF SOUTW BEACH NEIGHBORHOOD WATCH RE THE IS5UANCE OFAN ALCOHOL CONDITIONAL USE PERMIT FOR A TYPE 47 ALCOHOL LICENSE. AND REDUCED PARKING VARIANCE TO THE PREMISES AT 181p OGEAN AVE WE MEMBERS OF THE SOUTH 15EACH NEIGHBORHOOD WATCH ARE OPPOSED TO THE ISSUANCE OF AN ALCOHOL CONDITIONAL USE PERMIT AND TYPE 47 ALCOHOL LICENSE TO THE OPERATORS OF THE PREMISES AT 1 B1 p OCEAN AVE ,UNLESS ALL OFTHE FOLLOWING NEIGHBORHOOD PROTECTIVE CONDITIONS ARE ATTACHED SO THAT THIS PREMISES AND ITS OPERATION DOE5 NOT INTERFER WITH THE OU]ET ENJOYMENT OF OUR PROPERTY AND SO THAT OUR PUBLIC H1=ACTH, SAFETY, AND WELFARE ARE PROTECTED WE ARE OPP05ED TO THE REDUCED PARKING VARIANCE DUE TO THE ACUTE SHORTAGE OF RESIDI=NTIAL GUEST PARKING 1, HOURS OF OPERATION SUNDAY THROUGH THURSDAY. 8 AM - 9 PM WITH COMPLETE SHUTDOWN BY id PM f=RIDAY AIVD SATURDAY, 9 AM -1 p PM WITI~ COMPLETE SHUTDOWN 8Y 11 PM 2 NO NDISE, MU51C OR OTHER LIVE ENTERTAINMENT MAY BE AUDIBLE BEYOND 10 FEEL OF THE PREMISES 3 NO OUTDOOR DINING IS PERMi i ~ ED 4 AN AIR FILTRATION SYSTEM MUST BE INSTALLED THAT PREVENTS FOOD, SMOKE. AND OTHER RELAItu ODERS FROM PERMEATING THE NEIGHBORHOOD 5, A MANDATORY TRAFFIC AND PARKING CIRCULATION ROUTE IS ESTABLISHED THAT PRECWDES THE PAEMf5E5 FROM USING THE PDTION OF THE ALLEY WEST OF ITS PROPERY LINE FOR THE PURPOSE DF ENTERING OR EXISTING THE PREMISE'S PARKING LOT 6 PREFERENTIAL PERMIT PARKING AFTER 6 PM WILL BE ESTABLISHED FOR RE5IDENTS AT THOSE PARKING METERS LOCATED ALONG OCEAN AVE ,BETWEEN THE SOUTHEWRN BORDER OF THE LOEW'S HOTEL AND PICO BLVD 7 ALL TRASH COLLECTION AND ALL DELEVERIES MAY BE MADE BETWEEN THE HOURS OF 8 AM AND 8 PM, MONDAY THROUGH FRIDAY ON SATURDAY AND SUNDAY, ALL TRASH COLLECTION AND ALL DELlVERIE$ MAY BE MADE BETWEEN THE HORS OF 9 AM AND 8 PM ALL TRASH MUST BE STORED IN BINS THAT ARE SECURED WITH LOCKS B NO MORE THAN 25 % OF THE GROSS SALES WILL DERIVE FROM THE SALE OF ALCOHOL 9 NO SEPARATE 8AR 15 PERMITTED i 1 ALCOHOL MUST BE SERVED IN CONJUNCTION WITH FULL MEAL SERVICE ONLY 12 ONLY SEER AND WINE MAY BE SERVED ATTHE PREMISES AND ALL OFF- SALE PRIVILI=GES WAIVED 13, THE COUNTY HEALTH DEPARTMENT , AS CONTRACTED BY THE CITY OF SANTA MONICA, WILL MAKE THE DETERMINATION AS TO THE ADEE]UACY OF THE 5ANITATION FACITIES AND A CERTIFICATE OF COMPLIANCE WITH THE COUNTY HEALTH DEPARTMENT lS REQIRED IN ADVANCE OF 08TAlNlNG FINAL CERTIFICATE OF OCCUPANCY AND ALCOHOL LICENSE 14 ALL OTHER PERTAINENT GTY/STATE CONDITIONS SHALL APPLY TO THIS PREMISES SIGNED } ADDRESS ~ ~ ~ ~~ ~~ v~ l s i A TTACHMEIVT I ~~ 16 8 j :.t-i ~. ~-~ Jr» ,, tt-~~ S. Hc~tt~t. jlHi 1 i17[ ~ ~l~m~~ i Ii~:ui~~-~rJ ~ur~ ;n; `i~,~ ~~„i,,~ c ~;~r„ri,~ ~1[I-}II] November 28, 1995 Susan Healy Keene Cting Associate Planner Planning Division City of Santa Monica 1685 Main Street Santa Monica, Calzfarnia 90401 Re: 95 VAR 029 95 CUP 022 1810 Ocean Aven~~e ~1~~ ;~~~ ~,,~ti ~ ,. i]I~ ~, y.U~l Dear Susan: HAND DELIVERED This responds to varzaus issues you've raised regarding the above-referenced permit applications. I. Circulation Plan. Overflow parking from the restaurant will use the Prztikin lot near the corner of Pzco Boulevard and Ocean Avenue. Customers will be directed to pull into the on-site parking lot off Vicente Place where they will be met by a valet in a designated drop-off location. The valet will take the car east on Vicente Place, north on Ocean Avenue and then west on Pico Boulevard to the Pritikin lot. The cars will be returned in reverse order. II. Trash Area. Enclosed is a plot plan which shows a four foot by six foot, six inch area designated for a trash dumpster. III. Dumping Schedule. The operators intend to promote recycling at the restaurant. All recycled materials will be placed in the trash area before 9:D0 p.m. and no dumping of any materials will occur after 12:00 a.m.. IV. Delivery Schedule. Deliveries will not occur before 1D:00 a.m. or after 6:D0 p.m.. V. Bar Area. Food will be available at all times the bar area zs open to the public. VI. Cora's Cafe. For the foreseeable future, Cora's Cafe will operate from early a.m. until mid- afternoon. The new restaurant will not open far business at overlapping hours. #. ~~~ ~,rn«, Jn1-NTH ~~ S. H(lR Susan Healy I{eene November 28, X995 Page 2 If you have any other questions please call. I would appreciate seeing a draft staff report before it is finalized. I appreciate your courtesy and coopezat~on. Enclosure cc: Bruce Marder Alan fireedman Very tr ly o ors, JDNA~HAN S. HQRNE 1 ''' ~ ~ It ! ~ ~• ~ ~ < _ <., _ ~ ~ ~ ~ ~~ ~~ .~~ - ~ , '~ ~' ~~ , _ - .. ;; r ---- - ---- - ~ _~ ~., ~~ es - - --- - _ ~- ~f~~ ~ ~~ ~~~ ~ . ~ -~--~ ~ Post-~ ~Ax 'tote 7C~7i Dale i of +.~ i. Ca'Qep~ ~ Pruner r r .~~~'~~~ - ~ ~ ~Or + r ter, 1'71 ;m: ~ ~„ t , U u,i, ~., li„ul~~ n J December 13, 1995 ~~~~<< ,~y; «l= ~ Susan Healy Keene 'I"""` Acting Associate Planner i ,i~r<,rn, , ~,,,.~,,i Planning Division City of Santa Monica 1685 Main Street Santa Monica, California 90401 Re: 95 VAR 029 95 CUP 022 1810 Ocean Avenue Dear Susan: HAND-DELIVERED We sincerely appreciate your careful. review of this application. As we discussed, the proposed restaurant will not be open far lunch and is intended to draw customers for after theater and late evening (continental} dining. It is critical the restaurant be open reasonable hours to accommodate its foreseeable clientele. Reasonable hours would permit meal and beverage service from fi:00 p.m. until 1:00 a.m. (weekdays} and 2:00 a.m. (weekends). The applicants are extremely sensitive to the concerns of the neighbors and community about late hours of operation. Mr. Marder has operated a number of restaurants for over 19 years (Cafe California, West Beach Cafe, DC 3, Rebecca's and Broadway Deli} which are open late and many of which were adjoining residential neighborhoods. There have been no serious problems with noise or disorderly persons at any of these restaurants. Mr. Marder is absolutely canfzdent this new restaurant can be open until 2:00 a.m. without any adverse impacts on the surrounding neighborhood. If the applicants are allowed to be apen for the E;~~,i„~,` reasonable hours described above they are prepared to ;I„ implement specific mitigation measures to address noise and ~I'~ odor issues. These measures include the following: ~,;,~ ~,-, 1. All valet pick-up and drop-off after 10:00 ~In p.m. will be at a designated valet area on ocean Avenue in i1`' front of the restaurant. u;~~u ~~ 1~~ r th.~. vY ~c~tia1»a~ S. Hou~~ Susan Healy Keene December 13, 1995 Page 2 2. The valets will not drive west of the restaurant on the adjoining alleys. 3. Customers will not wait for their cars outside the restaurant. Waiters will be instructed to ask patrons for theix' valet receipts and notify the customers when their cars are ready. 4. The valets will not congregate and assemble in the on-site parking lot. Valets will xemazzz in the front of the restaurant along Ocean Avenue. Valets will be trained and required to keep operations as quiet as reasonably possible. This obligation will be incorporated into the valet parking operators contract. Breach of this obligation would be grounds for terminating the valet operators contract. 5. The parking lot will be pasted with conspicuous signage cautioning patrons to be respectful of the neighbors and avoid unnecessary noise. 6. All restaurant staff will be trained and required to caution late departing customers to be respectful of the neighbors and avoid unnecessary noise. 7. All windows at the rear of the restaurant will be dual glazed. 8. The dour at the rear of the restaurant will be made of thick, sound-resistant materials and will be kept closed at all times. The side emergency exit door will be kept closed at all times, except zn an emergency. 9. A moveable door/sound baffle will be installed at the front door to direct all sounds and patrons away from the residences and towards Ocean Avenue. 10. Sound absorbing materials (curtains e.g.} will be hung inside the front door to minimize noise froze arriving and departing customers. ~~'' 1'73 ~:m«, Jc>. »~H ~~ 5. H~H:~~. Susan Healy Keene December 13, 1995 Page 3 11. The restaurant will not have any deepfryers or charbroilers to minimize odors. The restaurant will emphasize sautes cooking which produces minimal odors. It should also be noted that odors and noises will be carried away from the adjoining residences because of the prevailing onshore breezes from the west. 12. The restaurant will implement all elements of an HVAC system designed by Environmental Comfort Systems, Inc. to achieve efficiency and minimize sound and odors. See attached. The exhaust fan will be baffled and will not operate after closing. 13. The exhaust vent will be raised high enough to ensure prevailing onshore breezes will carry sound and odors away from the adjoining residences. 14. Ps sign will be posted an the property providing the manager's phone number in the event of any problems at the restaurant. A manager will be available at all hours the restaurant is operating. Z5. The applicants will require all employees, including management, to participate in alcohol awareness training. 16. The applicants will install thick table pads and use cloth tablecovers to minimize harsh interior sounds. 17. The restaurant will be constructed within the existing thick concrete walls to contain sound. 18. The applicants will have a recycling program to minimize glass and metal deposited in the trash. The trash wYll nat be dumped after 11:00 p.m.. 19. The applicants will not have live entertainment or use any amplified music audible beyond the boundaries of the property. ~~ ~~~ •• ~-r~,. ~•1 Jca~a-Efia• S. HL)r~\~ Susan Healy Keene December 13, 1995 Page 4 20. The restaurant will offer to dual glaze the facing windows of the residential properties adjoining the parking lot to the south and west. 21. All guest receipts will caution all patrons to be noise responsible before leaving. 22. All refrigerator compressors will be contained within the building walls and will not be located an the roof. Also enclosed far your consideration is a recent report prepared by J.B. Consulting Associates which analyzes the noise impacts of the proposed restaurant in the context of the existing ambient noise environment. This report concludes that ~f the above mitigation measures are implemented the restaurant will have no appreciable noise impacts on the adjoining neighborhood even ~f the restaurant is open until 2:00 a.m.. In fact, the report concludes that dual glazing the neighbors' windows would result in a net reduction in noise. The above represents extraordinary efforts the applicants are prepared to implement to protect the neighborhood if they are allowed to operate for the reasonable hours set forth above. Please Consider these proposed mitigation measures in preparing your staff recommendation. Please feel free to call me with comments or questions. I appreciate your courtesy and cooperation. Very tr y you , -~ ~~`~ r _~~ JONA HAN S . HOR~TE Enclosures cc: Bruce Marder Alan Freedman ~'# 175 - - c •t ~ .. - ~ Y ~ ~ G- ~] 1 ~~ `J ~1 ~~ J.B. Consulting Associates 4148 Burbank Blvd. Burbank, California 91545 Decer:her 12, 1995 Mr. Bruce Marder 1810 ocean Avenue Santa Monica, California Re: Proposed Restaurant ~t 184 Ocean Avenue ~ ~: ~+trt~ Dear Mr. Marder; ~.`~ I have candy ~ thorough not a analysis of your proposed restaurant at ls,c ~ Avenue. have conducted two on-site inspections, conduct~~ .mound level ests at various locations on and about the restaurant property fines during the late evening hours (12 : ~i0 p.r.~. to 2:00 a.;~.) , r viewed the prc,pQSed plans for the restaurant, and considered e proposed '^^i~e •~~t- ~*-ian measures set forth in your propa ~ letter to the ity. .Che fallowing are my professional apin ons which aze supported by the available empirical data and my a erience in the ind~istry: 1. ocean Avenue just north of Pico Boulevard is an extremely high traffic area dui ng all hours of the day and we]' into the late night. Traffic as ociated with the operation of tl.' restaurant Vrill have ._ n~ ~ ~ ~~-A .x~-ibis increase in the volume of exist~.r-g traffic at this location. 2. The noise frar~ the traffic on Ocean Avenue is significantly increased due to accelerating and decelerating vehicles at the traffic light at Ocean Avenue and Piea Boulevard. This existing traffic produces an extremely high level of ambient sound. 3. The existing ambient noise at 1810 Ocean Avenue is greatly impacted by a major bus staging area directly across Ocean Avenue from the restaurant. This bus staging area is in use 24 hours a day and is extremely active late into the night. Buses typically stop and wait with idling engines for approximately one- half hour. The MTA and the Santa Monica Municipal Bus Lines have three bus lines which use the staging area throughout the day and nic}ht. At 2:04 a.m., I witnessed continual bus activity at this location with buses idling, accelerating and decelerating from this location. ~ n• 1 7 C~ - r_ V I _ ~. Page Tcti~o Bruce Harder At apprflximately the exist, r,~ pound levels at t ambient sound levels were _ ~~e igh tea curve . Peak sous comp~~ sin purposes, normal deci:~~ - In my opinion t'~ extrec ~_~= high level of ambi~ ,~ ~i~lirc:iTRent . 5. It is 3t;y ~ --o: the proposed Mi t~gatic•n .a will not result in a' ~~z~ }he existing ambient a~sr ad~aeent neighbors x:111 r-~~ until 2: D4 a.m.. :~ a.m. to 2:0~ a. m. I measured ~~ of the parking lot. Existing - - ~.a-87 decibels based upon `~`r reached 90 decibels. ~~:7 ration levels era typically ~:.~ subject property ~s subject *~~ sound even considering i~° ~. It is r~. ~ . the Yrlndows of ar; --~ ~~-e da '- =stilt in a net _ ne ~ estau: ant i ~ ~ ~a~~ ~ ~1 ~ va11 - ~ f vc~~~ ha - -" i ~ ~- i n ~ 1r~e t cep • 'n that z f you , ~tlan o* the res :y~>~:ld ~~ct be maw ever. ~ne immed~.a~ ^t even zf 1t is open • tn~ r you dual g1-. ~e ;,~ . a : p~ opertles it ~'ouid -~ t' .:5e rF dents e~~en if -c si t~ ~ ~ P L~~~- -~-1"== ~~~c~ rrlL' k~v t3:H,..!-~ ~arE J V ~. Y 1~ ~ -Y 1 .~ l~. i ~ . l~ 4~ k L~ ~Y.~ Y• ::. L 4. r r l i L~ V D~c;,ml<er l ~, 195 Mr $;utie ~!lard~ Bxoadway ~'eli :457 i bird Street Pr~rnez~atie Saxt~ Monica, €~A ~O~l~l 51y`:~~i , ~_ ~, =,~ ~- ~~~y~ ~VJJJJ..+~~•~V ~f~ ~~~x QT r~~ iiJa{'~~/V'~~^"~a^~~7~L 1r .4 ~~`~f'~~7~~'f~~i.r~1 i ~~"~ ~ ~ rJea<~' P~ruce- ~ A,s requested, tlae f+~llawt~~:~ will brie#ly descz~~ prcpcsed HVA.C F.f€YiRl~N'fA~ ~ sv5terr'~ des~~ achtev~g e~'icienGy operating low Sound lc~{s 1l~U~ SYN. ~tC. ~ Design ~bj~tlyes €?~ G41+t~ x~'f?al:i I ' Y All egmcnt artd s~s~rn suing will emphasize low seed mrotor 01~831s: (81 s) FAX (879,TOLZdbS ~ OpePatlDII ~}1~'3~7fn~ ~~ati]i'@5 th8t fi3.~'tfl~r ~~'an.Cta Sound attetztvn ar~d energy c~6'tc~ency Exhaust de~gan to maxuuu~c ~`~"``'~ ~'`P"'~~"~~ ~~ts, mc~ax~~ ~ cono~ t~f ~aa odors. g ~r'rCES~N• ~ ~'X~l~i1St 'S~~t~ ~~~ } h7YolAf~A co~gttration, al! au eontlition~g, coa krng ; • Ba ,~ ed on b ulic CUZ" LC ti'7 @53356 l1 t t _ ,~,t~~ 4 ~?L'trYilS~ ~'.U `~.L~QA~r-:~ ~ ~~ ~~ located inSld~ i~iil' t)u3ld~I3~ ~ e~uigrnent well t~tc (l ~ low Cif exhaust fan will be roa£ ~?~O~t~ SBi~rln~ ~~epi~Ge. ~ ~l1B C4~St4t2~-bailt caol~ing e~aust hood v~;ll be Sazed peer nn:forrn ~ r~echarucal code based ott cookt~~ appltar~ces specified Hood will mart against rear ki:~lxen wall open on #hz-ee ~~~ sides St~~eSS steel Gat~St~lctiou fer Interior canopy ax'ea, meth clacidxng on hoed ext~nor Crr cit-ct ~er4~ng cachaust hood wil# be sued ~etv4~ccn i 70D- 160i~ feet per minute duct veluci#~, tl~f~ reclui~res minimmn 1509 feet pet urinate.) Grease duct ~:~ be i~cailed from top of .heed ru~~g osizcmtally through. reax wail coxutectiutg to g*ease i°K~1~~5t ~'i iC~%~~d iA ~~W~rr1~Llt W~i1 ~jrl'B~1SB ~XhSi,iSt r wall be a hea~~l Duty single inl~ type t~tit u-#th ~ v~rttcat discharge i i T i~', ~G-:~~~] ~r . ~~ r~OM liC~T ~FACH . ~'i~C t~ -:+~. 1L. i~YV ii.:J~1P: :~~'i1;Vi~~':.i~E ~. L~:.r. rUu ['~04 .tit ..4t :, dtiCt ier~tiIl~ above roDf ~i~iC Exhaust fan wi~3 be sLZCd far ~ ma~rum fan rpm min~m~zing roue fro~a unit operatior ~ ~ B~• clischa~r~g vert~catly above rot~f line a: a minimum ~ ~~vcrty of 1,00 feet. per minute, au cooking odoz~ gwcld~~ dslute into ambient air and grcvsui ocean winds. Vlake_L p Air System • itilak~ug aiz ~,auni- will be located inside equipment well pra~-tding supply air fvr kitchen area ducted around axba hood pcnmc#cr Makeup a~ unit will bo sized achievztxg mine exhaust far rpm tr,~ttimaxuY~ sound from u:u# operation 4i~r C~ditioning System • Laea~e apluogriate sized package air conditicming unit u~thi~ti equipment well. Unut w-iil pm~~de li~tmglcovling req~u~.~ements far dints area. Supply and return duct work will he distributed from off truildfng to diuping morn. .Aix con~tianiing arias will be egttipped with azt ecortarnizer cycle uti}±~i~g outside air in lien of ctyrnpressor oration when outside air te~perarases are desxra'~le Ir addition, pxovide multiple speed Condenser far. r.:otar man=ml~;n8 9uxet xa~ig3~t~.tirne unit operation Fireplace ~xhaus# 1 ~, * Rood mounted exhaust ~ designed to achieve low ex~haetst capabdit~t in remo~~ng heat from eg;ace and surroundstxg area Any additional uiformatxon _r-vu cn~ay have regarding this su~lect, please dart's hesitate to call me Sicgattia, vr~or~rAY., coMFO~~ s~sr~?~ss, ~~~. F •~ L ~ J .~1I~ gbpn .T~lpj: _. , ~ ~ J 7~T~~ F.Ei . ..1•.~_~ .i ;; ~., ~ ,,,, , January 8 , 19 9 6 anu r~ ;ru The Honorable Planning Commission `"''` City of Santa Monica - ;; 1685 Main Street ~1,~- Santa Monica, California 90401 \1-~ni~ "~" "~ Re : 1$10 Ocean Avenue Jlslii~ CUP 95-022 variance 95-029 Bruce Marder/1810 Ocean Avenue Partners Dear Commissioners: On behalf of Sruce Marder and 1810 Ocean Avenue Partners, we are delighted to have reached a substantial consensus with your staff regarding the proposed development of a first-class restaurant at the old Mucky Duck site. The staff report reflects an extraordinary effort to accommodate the legitimate interests of the applicants and the adaoining neighbors. The applicants urge your support for the recommendations set forth in the staff report with the Tollow~ng reasonable modifications: 1. Condit~.on No. ~1. This condition prohibits outdoor dining without an amendment to the CUP. Adjoining tine restaurant at the sidewalk is an existing outdQOr dining area currently used by Cora's Cafe during the morning and early afternoon. Cora's Cafe is closed by 2:00 p.m.. The applicants would like the opportunity to periodically use this existing outdoor dining area far private parties and events in a manner which would not conflict with the operation of Cora's Cafe. The applicants propose this condition be amended to read as follows: "There shall be no outdoor dining except for private events between 2:00 p.m. and 10:00 p.m.." 2. Condition iVc. ~2. This condition limits the hours ;,,, of operation of the restaurant and the use of the on-site ~;- parking area to 6:00 p.m. to 10:00 p.m. Tuesday through ''~`~ Thursday and 6:00 p.m. to 11:00 p.m. Friday and Saturday. E ~~ il~~ ;~~~ 'lc~ri )s sr 1~`L L,,. ~=n~ Santa Mon~.ca Planning Commissioners January $, 1996 Page 2 There are two problems with this limitation; (1) the limited hours of operation are unreasonable in light of the extraordinary mitigation measures incorporated into the permit to minimize adverse impacts on the neighborhood and (2) there is no reason to bind the applicant's hands and compel the restaurant to be closed far 2 days a weeK in perpetuity. The applicants fully intend to operate the restaurant for dinner only on Tuesday through Saturday. The restaurant will be a fine dining establishment in the continental style which attracts diners accustomed to later dining hours and after theatre dining. Commissioners familiar with the West Beach Cafe ar Rebecca's will recognize these restaurants are essentially empty at 6:00 p.m. with the majority of patrons arriving in the 8:00 - 11:00 time period. Limiting the hours of operation to 22 hours per week and closing the front door at the proposed hours will cut drastically and prohibitively into the prime market demand for such a dining establishment. Further, the need far these limited hours are significantly less ~c~:g~ fling u~.~e }c }he cnmpre?~ensive restrictions to contrcl late night noise and traffic which were proposed by the applicants to permit later hours and are now incorporated into the permit. With these restrictions in place, noise consultants have concluded there wi11 be a net reduction in noise to the immediately impacted neighbors. This should be contrasted Trrith the foreseeable noise and traffic impacts which could result from the operation of 24 hour convenience market which is a permuted use an this site. Finally, the applicants should not need to endure another formal CUP procedure if they decide to be open an Sunday ar Monday night or offer lunch for a private party. These restrictions are unnecessary in light of the extensive restrictions an the manner of operation of the restaurant. ~~t ~~~ •-tc r"TCi .~U ~.-~TH ~ ~ S. ~OR ~ ~: Santa Monica Planning Commissioners January 8, 1995 Page 3 In light of the foregoing, the applicants propose Condition No. 42 be amended to read as follows: '"The permitted hours of cperatian shall be 2:00 p.m. until 1:00 a.m. on Sunday through Thursday and 2:00 p.m. until 2:00 a.m. an r^riday and Saturday. The on-site parking area shall be closed tc incoming vehicles consistent with these hours of operation." 3. Condition Nos. 54 and 61. These conditions require the applicant provide a lease for off-site parking spaces within 500 feet and also approves a circulation pion assuming the off--site parking occurs at the Pzco/Ocean parking lot. These conditions should be reconciled and consolidated to provide far the event that the off-site parking will be at a different location. There is also na reason to place a geographic restr~ct3on on the location of the off--site parki_zg as long as the City has the ability to approve the propo.^d circulation plan. The applicant proposes Conditions Nos. 5~ and 62 be combined do read as f of laws "Prior to issuance of any building permits and at all times thereafter, the applicant shall provide a lease agreement demonstrating provision of at least three off--site parking spaces and an approved circulation plan for the use of these spaces. The City Parking and Traffic Engineer sha11 approve the proposed circulation plan which shall not utilize Vicente Terrace nor Vicente Terrace North alley west of the parking lat." ~, Condition No. 56. This condition requires all passenger loading and unloading occur in the parking lot, directly under the windows of the adlalning residences. The '~ '' .~ ~ ~r~_ Jf)ti~TH~1 ~. H[)Tt~fi Santa Monica Planning Commissioners January 8, 1996 Page 4 applicant has propQSed to obtain two valet parking spaces directly in front of the `restaurant to help minimize noise to the surrounding neighborhood. Common sense is to keep the arriving and departing patrons as far from the adjoining residences as possible. The loss of two on-street parking spaces (which are not available for overnight use by the residences} is a reasonable trade-off for providing the greatest protection to the adjoining residences. The applicant proposes Condition No. 56 be amended to read as follows: "There shall be no loading or unloading of passengers in the alley. All passenger loading or unloading shall occur ~n valet parking spaces in front of the restaurant on Ocean Avenue." 5. Condition No. 6C. This conditions require free valet parking tc alI patrons. This condition is not necessary to protect on street parking for neighbors. First, it is not cas~o...~.ry ror any fine restaurant in the City to provide free valet parking. Patrons fully expect to pay for such parking as an established cost of fine dining at comparable restaurants. Second, the nominal cost of valet parking will not dissuade patrons from the use of the valet service. Excellent service is a critical ingredient in any fine dining establishment. Patrons of this type of restaurant are accustomed to receiving valet parking service and absorbing the cost. Thirdf the adjoining streets are permit parking only and a tremendous disincentive to illegally park. Fourth, free valet park.zng service is a financial constraint which would cut directly into the small profit margin, effectively double the rent, and make this type of small, high-service restaurant Less competitive in the challenging restaurant market. The applicants request Condition No. 60 be amended to read as follows: "Valet parking shall be provided to patrons of the restaurant." 183 ~;~ ~~r-«, ~~r Santa Monica Planning Comxaassioners January 8, 199& Page 5 6. Condition No..67. This condition requires the applicant to install a "smoke filtration system" on the fireplace and in the working areas of the kitchen. Neither the applicant, his H~1AC consultants nor the Santa Monica Building and Safety Department understand specifically what this term of art means. The applicant should be required to comply with applicable provisions of the AQMD and the building codes in venting the fireplace and work areas. The applicant requests Condition No. 67 be amended to read as follows: "The applicant shall comply with applicable provisions of the AQMD and the uniform building codes in providing ventilation for the fireplace and the working areas of the kitchen." In closing, development of a which will be a many years. The canside~ation of proposed in this the applicants are firmly committed to the fine world-class restaurant at this site ~aelcome addition to this neighborhood for applicants appreciate your courtesy ana t~_~ir =pplication and the modifications letter. Please to do hesitate to call zf there are any questions. very trulyours, JONATHAN S.V HORNE cc: Planning Commissioners Bruce Marder ~8~ ATTACHMENT J 185 Elaine Blyth Anderson Human Relations, Communication Consultant 19 Seaview Terrace Santa Monica, California 904Q1 393- Sfi49 [ -P,w-, ~a.~,, ~ S 12s~ ate, ~ ~ ~- __ r ~1~'G ~~ `^ 3 - -Y - ~~ ~~o CV1,~ ~'l~d~s Cum ~r ~, ~.~I-a,t-~cu„~ ~ ~~ ~c~ C~.ec~, ~x ,~ Cif e. ~ c~ 4ao~- atu„~s ~Lo h,d~- ~~ ~ p~g.{,~r ~ r << <, ~'' C~ , `~ ~ a~ rrw NL G~r~(~..~ l s c,~ Or-, c~ a- ~v U c drrra ~ ~ G~ ~ ~ cN.. ~ra c~ncyt In ~ ~e ~d ~~~~ ~, T , a~ rn~~s . ~ ~~~ ~ ct c~e~ G~ csW,~, c~ a~ r ~ ~1~~~S ~ L~vCU, ~ ~ ~~_ ~.~s d ~.s.-~ ~ r ~r ~ ~~ o ~ bra ~e G ~o~ ~o o c~.t. ~t,..~~.~~~.hood , ~o ~ ~~ ~ti., Fem. ~.~s ~~ ~ f d~ t,o ~. 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