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SR-022796-7A PCD.SF.DKW•AS f.\plan\share\council\strpt\cup024a Council Mtg February 27, 1996 Santa Monica, California FEB 2 71996 TO Mayor and City Council FROM: City Staff SUBJECT: Appeal of Planning Commission Approval of Conditional Use Permit 94-024 and Reduced Parking P ermit 94-006 to Permit a 699 Seat Restaurant and Entertainment Establishment Located at 370 Santa Monica Pier Applicant. Russell Barnard/Santa Monica Pier Restoration Corporation. Appellant Citizens for a Safe Santa Monica/Santa Monica Police Officers Association. INTRODUCTION This report recommends that the City Council uphold the appeal and approve Conditional Use Permit 94-024 and Reduced Parking Permit 94-005 according to the redesigned plans for a 699 seat restaurant and entertainment establishment with a Type 47 alcohol license and according to the modified conditions of approval proposed by staff On September 20, 1995 the Planning Commission approved the project subject to a variety of noise mitigation measures On October 4, 1995 Citizens for a Safe Santa Monica and the Santa Monica Police Officers Association appealed the decision. The appeal statement is contained in Attachment A and the Planning Commission Statement of Official Action is contained in Attachment B. Since the appeal filing, the applicant has redesigned the protect to address the appellant's concerns. This redesigned project is now before the Council for consideration as - 1 - FEB 2 71996 part of the appeal. BACKGROUND Planninq Commission Action The Planning Commission initially reviewed the subject request at its September 6, 1995 hearing. The project considered by the Planning Commission consisted of a 10,400 square foot three story building, a 290 square foot food and beverage building and an outdoor stage with an associated 520 square foot dressing and storage building. In addition, the exterior seating area, which included both patio and terrace dining space as well as seating before the outdoor stage, totaled 5,550 square feet. This project represented a significant increase in exterior square footage and, with the inclusion of a large outdoor entertainment area, a change in the character of the establishment. Due to noise, operational, and security concerns, Planning staff recommended that the project be redesigned to accommodate the stage and the live entertainment inside the building and included conditions requiring the operator to provide uniformed security guards. Although the Commission expressed concern regarding the proposed enlarged outdoor area and the potential noise impacts from outdoor entertainment, the Commission felt additional conditions, such as a leaded curtain at the south stage end, a canvas awning attached to the stage roof that could also cover up to half of the outdoor entertainment seating area, and moveable partitions - 2 - to contain noise within the outdoor entertainment area, could mitigate these issues. The Commission also discussed security and crowd control at the establishment, but felt that conditions requiring Police Department approval of a security plan that provides for both general and special event security adequately addressed these concerns. Therefore, a condition requiring that uniformed security guards be provided at the operator's expense was removed. The Commission then directed staff to prepare revised conditions and continued the item until September 20, 1995. After review of the amended conditions, the Commission approved the project redesign to include the outdoor entertainment area and extended the permit term of the Conditional Use Permit and Reduced Parking Permit. The September 6, 1995 and September 20, 1995 Planning Commission Minutes are contained in Attachment C. The Planning Commission staff report is contained in Attachment D. Appeal On October 4, 1995 Citizens for a Safe Santa Monica and the Santa Monica Police Officers Association appealed the Planning Commission's approval. The appellants' primary concerns relate to public safety, noise impacts from the outdoor stage, security, parking availability, and access to the area for emergency vehicles. The appellants believe that the public health, safety, and welfare are not protected and that the Planning Commission ignored the staff recommendation to deny the outdoor stage. - 3 - While the Commission did approve the outdoor stage, the approval was contingent upon compliance with a series of noise mitigation measures, such as the leaded sound curtain at the rear of the stage and canvas awning enclosures Further, the Commission included a condition to require, at the Planning Director's request, the submittal of a report prepared by an acoustical expert identifying mitigation measures to resolve any Noise Ordinance violations The appellants also contend that "a specific distance should be established beyond which no noise or vibration should be audible or felt." The project is required to comply with the provisions of the Noise Ordinance as they relate to the allowable exterior noise standards and, in addition, the Planning Commission cond_tions of approval stipulate that, if Noise Ordinance violations occur, the applicant may be directed to implement further sound attenuation measures to resolve the violations. At the time the appeal was filed, the City Council was reviewing proposed definition changes for both restaurants and nightclubs. The appellants, therefore, objected to any action on a project that could be affected by such changes. However, the Council subsequently amended the restaurant definition to allow limited entertainment if 1) there is sit down meal service provided at all times while the entertainment is taking place; 2) there is no dancing or dance floor; 3) there is no cover charge or minimum drink purchase requirement, and 4) the entertainment is provided only in the dining areas. A restaurant that exceeds these - 4 - limitations would be required to receive a Conditional Use Permit for the entertainment activities, if applicable. The Sinbad's establishment would be considered a nightclub under this definition, however, the Conditional Use Permit for the use has always been for a restaurant and entertainment establishment. Therefore, given the Council's action on the definitions of nightclub and restaurant and that the existing approval and proposed amendment are consistent with current entertainment/nightclub definition and requirements, these issues appear moot. The appellants also question if there is adequate parking to support the project and feel that the parking analysis provided in the Pier Environmental Impact Report (EIR) was inaccurate The parking for the project is provided in the public parking lots in the Pier area. A Reduced Parking Permit is needed because the parking is shared by the various uses on the Pier. The analysis provided in the Pier EIR determined that two peak parking demands occur for the Pier during typical summer weekends The first is at 1.00 p.m. and the second is at 8:00 p.m. The shared parking analysis showed that there are sufficient public parking spaces to accommodate this use in addition to all the existing and approved uses on the Pier. After certification of the Pier EIR, an additional parking analysis was prepared in conjunction with the Ccastal permit - 5 - applications for the Fun Zcne, Sirbad's and the Ash Grove. This analysis determined that 1,319 parking spaces could be provided for all Pier uses. The analysis concluded that there would be a surplus of 32 parking spaces over the total number of spaces needed including demand associated with Sinbad's, the Ash Grove and the Fun Zone. Both parking studies considered a project on the Sinbad's site that was approximately 3000 square feet larger that the project that is now before the City Council. Therefore, based on these studies and the reduction in project size, it appears adequate parking exists to accommodate the revised project. Proposed Project The project that is now before the Council has been redesigned to address many of the concerns identified by the appellants. The performance stage and showroom dining area are now fully enclosed, reducing the potential for noise related impacts. At the north elevation, a 16 foot wide roll up door which is flanked by six foot wide double doorways is located between the entertainment showroom and the outdoor dining patio. This creates the ability to have the north elevaticn substantially open, increasing the area available for dar_cing and entertainment Planning staff and the Police Department believe this situation could result in crowd control problems and, under Condition 33 the Police or City Enforcement staff could order closure of the roll-up doer. - 6 - Other design changes include the addition of terrace dining at the second floor above the entertainment area, the addition of a second floor kitchen to serve this expanded dining area, and additional patio seating at the south lease line behind the stage area. A narrow, second floor balcony that overlooked the entertainment area has been eliminated, addressing a previous Police Department concern that crowds could congregate on the balcony during performances. A separate food and beverage building located at the northeast lease line to serve patio diners has also been eliminated, resolving a concern that this building would create congestion at the establishment's entry and impede Police access in the event of an emergency. Although the overall project size of 16,350 square feet is approximately the same size as the project the Planning Commission reviewed, the amount of interior square footage has been increased, while outdoor patio area has been reduced. Planning staff believes these changes significantly improve the project and provide better noise mitigation than the previously approved canvas awning roof covering and leaded sound curtain. However, Plannrng staff and the Police Department continue to believe that security and crowd control issues could be better addressed These concerns and the recommended conditions are discussed below in response to Police Department recommendations. In addition to reviewing the revised project design, the Council must determine if it is appropriate to extend the term of the Conditional tine Permit and Reduced Parking Permit. Although - 7 - approved by the Planning Commission, this issue was not addressed by the appellants. If the Council does not extend the permit terms, the project's approvals will expire. Staff recommends upholding the Planning Commission's action in this issue. Condition 18 establishes a new term for this approval Police Department Recommendations Prior to the Planning Commission hearing, the Santa Monica Police Department articulated concerns regardlrg the noise generated by the proposed outdoor amplified entertainment, the potential crowd control problems relating to people loitering adjacent to the outdoor entertainment area, and Police access to the facility, if needed. After reviewing the revised plans, the Police Department continues to have a number of security and crowd control concerns. In order for the Police to support the revised project, several conditions of approval are required. To eliminate the potential for expanding the entertainment and dance floor activities to the exterior area, the Police Department recommends prohibiting dancing and amplified music in the patio areas. In addition, if determined necessary by the Chief of Police or City Enforcement staff, the 16 foot wide roll-up door may be required to be closed to control noise and crowds. The Police also recommend that, if determined necessary by the Chief of Police and the Director of Planning, only fixed tables and seating be allowed in these areas. These items have been included - 8 - as Conditions 33, 34 and 35 The Police also recommend a minimum fence height around the northside ground floor patio of 6 feet and that the patio behind the stage and adjacent to the Fun Zone and the outdoor storage areas have an S foot enclosure. This fence height reduces the possibility of passing alcoholic beverages to minors who are unable to enter the facility and creates a more secure barrier between patrons and Pier visitors by physically limitrng the ability to throw objects from the venue into the Pier crowd and vice versa. Condition 26 includes this height limrtation and, to comply with Pier Design Guidelines requirements, only the lower 42 inch portion of the patio enclosure may be opaque with the upper portion transparent. The Police also have concerns regarding the second floor terrace dining areas. In order to prevent patrons from throwing objects from the terrace into the crowd below, Condition 36 requires that the terrace dining areas be screened with a 6 foot high enclosure Again, only the lower 42 inch portion of `he enclosure may be opaque with the upper portion transparent. To ensure the terrace areas are utilized for restaurant dining only, the Police recommended that, if determined necessary by the Chef of Police and Director of Planning, plastic furniture and picnic tables be prohibited. This is also included in Condition 36. As previously recommended by staff bat eliminated by the Planning Commission, .he Police continue to support the inclusion of a - 9 - condition regarring private security guards at the establishment. The Police, therefore, have the discretion to require uniformed security personnel whenever entertainment events w_th amplified music occur. Condition 30 includes this requirement. Neighborhood Compatibility The elimination of the outdoor stage and the addition of a second floor kitchen have significantly changed the character of the establishment, creating a venue that is more Sens=tive to the residential uses located north and south of the Pier. Enclosing the entertainment area reduces the potential for noise related complaints and, with the ability to close the roll-up door, minimizes the possibility of crowds congregating outside the establishment and impeding Police access to this venue and to other locations on the Pier. The addition of a second floor kitchen strengthens the restaurant component of the establishment; the addrtion of the terrace dining area results in a second floor characterized by a dining, rather than a nightclub, environment With the adoption of the conditions recommended by Planning staff and the Police Department to require uniformed security guards, if necessary, during events with amplified music, to require closure of the roll-up door if determined necessary by the Chief of Police; and to prohibit dancing and unamplified music in the outdoor patio and second floor terrace areas, the appellants concerns regarding security guards, outdoor entertainment, noise, crowd control and police access have been addressed - 10 - Conclusion Planning staff believes that the revised project addresses the noise and operational concerns raised by the appellants. The additional conditions regarding the security plan, barriers around the outdoor dining areas, and prohibiting patio dancing and amplified music resolve Planning staff's and the Police Department's issues regarding outdoor entertainment and crowd control. BUDGET/FINANCIAL IMPACT The recommendation presented in this report does not have any budget or fiscal impact RECOMMENDATION It is respectfully recommended that the Council extend the term of the Conditional :Tse Permit and Reduced Parking Permit and uphold the appeal and approve CUP 44-024 and Reduced Parking Permit 94-006 as redesigned in response to the appellant's concerns and based on 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 Lard L'se and Zoning Ord=nance", in that this application is an extension and revision to a previously approved CUP and RPP. Restaurants and entertainment facilities are permitted uses within the RVC. The Conditional Use Permit is required to extend the time limit of the validity of the CUP, and to allow the redesign of the project. 2. The proposed use would not impair the integrity and - 11 - character of the district in which it is to be established or located, in that the alcohol license will be used in conjunction with the restaurant and entertainment facility Conditions concerning the operation of the facility have been included to preserve the integrity and character of the district, including that amplified entertainment occur only indoors and that, i'_ required by the Director of Planning, the applicant shall submit a report prepared by an acoustical expert identifying mitigation measures to resolve any Noise Ordinance violations. The subject parcel is physically suitable for the type of land use being proposed, in that eating and drinking establishments and entertainment facilities are envisioned to be located on the Santa Monica Pier. 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 restaurant and entertainment use will be compatible with other uses on the Pier, which include such visitor serving facilities as shops, restaurants, entertainment uses, services, and the Fun Zone 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 project will be located in the Residential-Visitor Commercial District which allows restaurant and entertainment facilities and conditionally permits alcohol outlets, and than the conditions of approval such as requiring all amplified entertainment and dancing to occur indoors, protect the surrounding residential neighborhood from any potential noise impacts 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 ~s located in an urbanized area, adequately served by existing infrastructure. Public access to the proposed use will be adequate, in that the existing access is adequate to serve the development. The physical location or placement of the use on the site is compatible with and relates harmoniously to the surrounding neighborhood, in that it is envisioned that uses on the Pier such as the proposed restaurant/entertainment establishment will be of the type that attract people to this regional facility and that, as required by this approval, the entertainment area will be - 12 - indoors, thereby reducing the potential for crowd control problems within the facility and on the Pier and minimizing the potential noise impacts on the surrounding neighborhood The proposed use is consistent with the goals, objectives, and policies of the General Plan, in that the project is located in the Oceanfront District, which encourages visitor-service estab=ishments. Objective 1.5 provides for an expansion of visitor accommodations and related uses in the Oceanfront area, while protecting the existing residential mix. Policy 1.5.1 states that the Oceanfront area is to be used primarily for visitor accommodations and commercial recreation. The proposed project is a food and entertainment facility on the Pier which meets the objectives of the Land Use Element as commercial recreation facility that will serve both local and regional needs. 10. The proposed use would not be detrimental to the public interest, health, safety, convenience, or general welfare, in that the use is consistent with the Zoning Ordinance and the Land Use Element of the General Plan and the conditions of approval, such as requiring all amplified entertainment to occur indoors and requiring upon request of the Planning Director that the applicant submit a report prepared by an acoustical expert identifying mitigation measures to resolve any Noise Ordinance violations, a'_leviates any potential adverse impacts to the community. 11. The proposed use conforms precisely to the applicable performance standards contained in Subchapter 9.04.12 and special conditions outlined in Subchapter 9.04.14 of the City of Santa Monica Comprehensive Land Use and Zoning Ordinance, ~n that no performance standard permit is required. 12. The proposed use will not result in an overconcentration of such uses in the immediate vicinity, in that the site is located on the Santa Monica Pier which is a unique, regional entertainment facility. ALCOHOL OUTLET FINDINGS The proposed use and location are in accordance with good zoning practice, in the public interest, and necessary that substantial justice be done in that the alcohol license will be for a restaurant in the Residential- - 13 - Visitor Commercial District, where recreational and tourist related uses are encouraged. The proposed use will not adversely affect the welfare of neighborhood residents in a significant manner in that the use will be located on the Santa Monica Pier which is an entertainment center, away from any major residential uses. The proposed use will not contribute to an undue concentration of alcohol outlets in the area in that a restaurant with entertainment on the Santa Monica Pier is a use that will serve residents, visitors, and tourists as the Santa Monica Pier is a regional destination point. The proposed use will not detrimentally affect nearby neighborhoods 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 will minimize the potential affect on the residential uses in the vicinity. Such conditions include that amplified entertainment occur only indoors, that, if required by the Director of Planning, the applicant submit a report prepared by an acoustical expert identifying mitigation measures to resolve any Noise Ordinance violations, that alcohol be served in red cups, and that a security plan be provided. The proposed use is compatible with existing and potential uses within the general area in that the project is located on the Santa Monica Pier which is located in the Residential-Visitor Commercial District, and a restaurant with an alcohol license is compatible with the RVC District which allows uses which enhance the unique scale and character of the Pier while providing for the dining and recreational needs of visitors to the Oceanfront area. Traffic and parking congestion will not result from the proposed use in that parking for the use is available in the public parking lots in the project vicinity. The Santa Monica Pier Development Project EIR and additional parking analysis conducted for the Fun Zone, Sinbad's, and Ash Grove Coastal permits indicate that the 1,319 parking spaces provided are adequate to accommodate the uses because of the ir_teraction of the uses and the different peak demands 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 which encourage entertainment, visitor and recreation uses on the Santa Monica Pier. - 14 - No harm to adjacent properties will result in that the conditions of approval will ensure that the establishment operates in a way that minimizes potential impacts to the surrounding area. Such conditions include that all entertainment occur indoors, that a security plan be provided and approved by the Chief of Police, that outdoor dining areas be screened with a 6 foot minimum enclosure on the northside and an 8 foot enclosure on the southside, and that alcohol be served in red cups. 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. Policy 1.5.1 states that the Oceanfront district is primarily for visitor accommodations and commercial recreation The proposed project will provide food and entertainment on the Pier. REDUCED PARKING PERMIT FINDINGS A sufficient number of spaces are provided to meet the greater parking demand of the participating uses ;n that the shared parking analysis ccrtained in the Santa Monica Pier Development Project EIR and additional parking analysis conducted for the Fun Zone concludes that the peak period parking demand for the Pier uses are met with t h e 1,319 spaces provided Satisfactory evidence has been submitted by the parties operating the shared parking facility, describing the nature of the uses and times when the uses operate so as to demonstrate the lack of conflict between the uses in that a detailed analysis of the shared parking for the Pier was conducted in the Santa Monica Pier Development Project EIR which concludes that the shared parking approach is viable for the proposed uses on the Pier. ALCOHOL OUTLET COATDT_TIONS This approval is fcr those plans dated January 21, 1996, copies of which shall be maintained in the files of the Planning and Zoning Division. Project development shall be consistent with such plans, except as otherwise specified in these conditions of approval Changes to these plans to achieve consistency with these conditions shall be subject to approval by the Director of Planning The premises shall serve food to patrons during all hours the establishment is open for customers; customers shall be permitted to order food at the bar at all times the bar is open for business. The premises shall maintain a kitchen or food-serving area - 15 - in which a variety of food is prepared and cooked on the premises 4. Seating arrangements for sit-down patrons shall not exceed 699 seats at any given time. 5. Take out service shall be only incidental to the primary sit-down use. 5 No alcoholic beverage shall be sold for consumption beyond the premises. 7. The primary use of the outdoor dining area shall be for seated meals service. Patrons who are standing in the outdoor seating area shall not be served except during private parties when the general public is not admitted. 8. Hcurs of alcoholic beverage service shall rot extend beyond 6.OD a m to 2.00 a.m seven days a week. 9. Prior to issuance of a Certificate of Occupancy, or a business license, as applicable, the operator shall submit a plan for approval by the Director of Planning regarding employee alcohol awareness training programs and policies. The plan shall outline a mandatory alcohol awareness training program for all employees having contact with the public and shall state management's policies addressing alcohol consumption and inebr'_ation. The operator shall provide the City with an annual report regarding compliance with this condition This project shall be subject to any future City-wide alcohol awareness training program condition affecting similar establishments 10. Prior to issuance of a Certificate of Occupancy, or a business license, as applicable, the operator shall also submit a plan describing the establishment's designated driver program, which shall be offered by the operator to the establishment's patrons. The plan shall specify how the operator will inform patrons of the program, such as offering on the menu a free non-alcoholic drink for every party of two or more ordering alcoholic beverages. 11. 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 sha`.1 be subject to Planning Commission Review. Construction shall be in substantial conformance with the plans submitted or as modified by the Planning Commission, Landmarks Commission, or Director of Planning. No expansion in number of seats, intensity of operation, or outdoor areas shall occur without prior approval from the City of Santa Monica and State ABC - 16 - 12. If disposable cups are used for alcohol service, the alcohol shall be served in red plastic cups. Alcohol served from a walk-up counter shall be served in red plastic cups. 13. No more than three video or other amusement games shall be permitted on the premises. Activities such as dart boards and pool tables are not considered amusement games. 14 Any minimum purchase requirement may be satisfied by the purchase of beverages, includ_ng non-alcoholic beverages, or food. 15. No more than 50% of total gross revenues per year shall be from alcohol sales. The operator shay maintain records of gross revenue sources which shall be available to the City of Sarta Monica and the State ABC upon request. 16. The project shall at all times comply with the provisions of the Noise Ordinance (SMMC Chapter 4.12). 17. Within thirty ;30) days from date of the approval of the Statement of Official Action, the applicant shall provide a copy of the approved Statement of Official Action for this project to the local office of the State Alcoholic Beverage Control department. 18 This determination shall not become effective for a period of fourteen days from the date of determination or, if appealed, until a final 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 one year from the permit's effective date, unless a building permit has been obtained prior to the expiration of this approval rn order to exercise the rights granted by this approval. This permit shall also expire if the building permit expires or 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 Occupancy or, if no Certificate of Occupancy is required, the last required final inspection for the new construction. One six month extension of the one year period may be per~ratted if approved by the Director of Planning. Applicant is on notice that time extensions may not be granted if development standards relevant to the project have become more restrictive since project approval. 19 Applicant is on notice that all temporary sianage is subject to the restrictions of the City sign ordinance. 20 Facilities with greater than 50 seats are required to install an interceptor with 1000 gallons minimum holding - 17 - 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 irstallation. 21. Final plans for any c'ranges to exterior design, landscaping, trash enclosures, and/or signage shall be subject to review and approval by the Landmarks Commission. Special Conditions 22 The applicant shall comply with all legal requirements regarding provisions for the disabled, including those setforth in the California Administrative Code, Title 24, Part 2. 23 Refuse areas, storage areas, and mechanical equipment shall be screened in accordance with Sections 9.04.10.02.130, 9 04.10.02.140, and 9.04.10.02.150 (SMMC) Refuse areas shall be of a size adequate to meet on-site need 24 The operation shall at all times be conducted in a manner not detrimental to surrounding properties or residents by reason of lights, noise, activities, or other actions. 25. The outdoor patios must be adequately secured and door security must be provided at all times during hours when alcoholic beverages are being served. 26. The patio behind the stage and the outside storage enclosure shall be screened with an 8 foot m-rimum height enclosure. All other patio areas shall be screened with a 6 foot minimum height enclosure. Only the lower 42 inch portion of all patio enclosures may be opaque; the upper portion must be transparent Plans for the enclosures shall be reviewed and approved by the Landmarks Commission 27. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 28 There shall be no exterior advertising of any ~{ind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. - 18 - 29. If any portion of the floor space other thar, the banquet rooms is leased out, the Police Department shall be notified and a security plan shall be submitted to the Police Department for review and approval prior to the event. Security as required by the Police Department for the event shall be provided by the operator. 30. Prior to issuance of a Certificate of Occupancy, or a business license, as applicable, a security plan shall be submitted to the Chief of Police for review and approval. The plan shall address both physical and operational security issues The plan shall address general security and special security to be used during events that have live entertainment, dancing, amplified music and any other activities as deemed necessary by the Chief of Police, and shall also address ingress and egress to the establishment and queuing issues, with operational measures addressing the various types of potential events and performances. The security plan shall permit the Chief of Police to require the use of security guards, provided at the opera*_or's expense, whenever entertainment with amplified music and/or dancing occurs If, at the determination of the Chief of Police, the security guards shall be state licensed, wear uniforms and name tags, and be situated at each entrance. violation of the security plan shall also constitute violation of the Conditional Use Permit. 31. The operator shall provide a sound system for use by performers. Unless otherwise approved by the Director of Planning no sound system shall be brought to the facility by performers. A sound engineer shall be provided by the operator for all perfcrmances with amplified music The proposed sound system shall be designed to minimize noise impacts from the project and shall be reviewed and approved by the Director of Planning and the Police Department prior to Certificate of Occupancy 32. At the Planning Director's request to address Noise Ordinance violations, the applicant shall submit a report within 30 days of such request, prepared by an acoustical expert approved by both the City and the applicant and paid for by the applicant, identifying mitigation measures to resolve any Noise Ordinance violations The applicant shall implement all such mitigation measures as directed by the Planning Director. 33. Live entertainment, dancing, and amplified music shall be permitted only within the enclosed first floor showroom or the enclosed second floor northwest dining room where the stage is located. The proposed 16 foot wide roll-up door shall be closed if degermined necessary by the Chief of Police or City Enforcement staff Compliance shall occur immediately upon request. - 19 - 34. No dancing or amplified music shall be permitted at any outdoor dining patio or second floor terrace area. No elevated stage shall be permitted in any outdoor area. Except as specified above, the outdoor patios and second floor terraces shall be used for dining purposes only. No cocktail tables or bar stools with bar height tables are permitted in these areas. 35. Fixed tables and seating shall be required at all ground floor patio areas and second floor terrace areas if determined necessary by the Chief of Police and the Director of Planning 36. The perimeter of the terrace drning areas at the second floor shall be screened with a 6 foot high enclosure. Only the lower 42 inch portion of the enclosure may be opaque; the upper portion must be transparent. Plastic furniture and picnic table seating shall be prohibited in the terrace dining area if determined necessary by the Chief of Police and the Director of Planning. Prepared by: Suzanne Frick, Director D. Kenyon Webster, Planning Manager Amanda Schachter, Senior Planner Planning & Zoning Division Planning and Community Development Department Attachments Appeal Statement Planning Commission Statement of Official Action Plar_niag Commission Minutes Planning Commission Staff Report Pubic Notice Ccrrespondence from Appellant Correspondence Project Plans - 20 - ATTACHMENT A ' City of Santa Monica Department or Planning and Community Development Planning and Zoning Division (310) 458-8341 C~ J ~~)~ ~' Z APPEAL FORM FEE: $10:00 Date fried Received.By ~',~- Rece~pi No % ~ ! s ~~++ _~_C~rS ~~Sr ~ SRN>•A pNt Gf~ Name L/ ~~ ~~c7 ~£ ~o~rY_~ 9G- ~A4iC.E i~S /~S ~~Ti ~~ Address ~b-~o /Iccw-.~, - A~ ups . S .~_ . SD ya / Contact Person ~Fc~'fi ~~/ANAU6Ar Phone ~3i°~ ~fj "°7363 Please describe the protect and decisan to be appealed r S'Ee A~tw-cH uF.r17 Case Number Address Applicant ~,.ccc~i_ _/~iart,uaet~ ~ rr'ry ~~ _~itrvrr9 ~a.v:tA Ongmal Neanng Date -S~_pt~-~~E~ ~ m - ~ S t s Original Action Please state the specific reason(s) for the appeal ~c~ /7-7/7~~rf~'~fn7~ "Please provide two self•addressed, stamped, letter-sized envelopes. Ilia ~~i Sinnafura Data List of A~oeal Deadlines' Variance decisions 14 days (SMMC Section 9 04 20 10 080) Home Occupation decisions 14 days (SMMC Section 9 04 20 40 060) Temporary UsePermitdeaswnsinvolvingproiecishavmgspanof45daysormore 7days(SMMCSection9 04 20 08 060J Performance Standards Permit deasions. 14 days (SMMC Section 9 04 20 26 060) Reduced Parking Permit decisions 14 days (SMMC SecUOn 9 04 20 26 070) AdminisVative Approvals (revocation thereof only) 7 days (SMMC Section 9 04 20 28 050) Ocean Park Yard Reduction Permits 14 days (SMMC Section 9 04 20 32 070 ) Architectural Revew Board decisions 10 days (SMMC Section 9 32 160) /Landmarks Commission deasions 10 days (SMMC Section 9 36 180) `~ Conditional Use Permit deasions 14 days (SMMC Section 9 04 20 12 080) Development Review Permit deasions 14 days (Section 9 04 20 14 070) Tentative Map deasions 10 days (SMMC Section 9 2014 070} 'Appeal periods begin on next business day following the deas~on Appeal periods ending on weekends or holidays are extended to the next business day Appeals must be filed on forms available from Planning and Zoning office antl be accompanied by appropriate filing fee, See Santa Monica Muniapal Code for more information • ~ Project and decision to be appealed Conditional Use Pernut and Reduced Parking Permit to modify Conditional Use Permit 92-028 and Reduced Pazking Perriut 92-003 to 1, extend the time limit of the approval and permit the _redesign of the previously approved 699 seat restaurant and entertainment establishment with a Type 47 alcohol license at 370 Santa b4onica Pier Reasons for appeal: • The public health, safety and welfare are not protected • The recommendations of both the S b4 P D and the Planning department to deny the outdoor stage were ignored by the planning commission Both gave valid reasons for confining the stage to indoors • Although the project predates the completion of the Fun Zone, it is part ofthe total project referenced in the E I R which was estimated to require an additional 4 sworn officers No police officers have been provnded as yet • The requirement for security guards to be pro~7ded by the owner was mysteriously removed by the commission • The potential impact on the police response capability for the entire city m the case of the worst possible scenario incident, (two such incidents have already occurred), as described by S VI P D at the Planning Comnussion meeting, has not been properly weighed against the value of this particular venue to this community • The parking analysis as provided by the E I R is erromous, making the parking provisions for this project inadequate • Traffic Impacts Limrtahon and or total prevention of access to the area for emergency vehicles m case of incidents The curcent E I R for the Pier shows the following intersections to be seriously impacted (no mitigation possible) 1 Lincoln at West ramp 2 Lincoln at East ramp 3 4th c~ Santa 1~4omca Blvd 4 4th & Colorado 5 Ocean Ave at P C H 6 Nelson (Ocean Ave) at Pico Blvd 7 Lincoln at Colorado 8 Ocean Ave at the California Incline • Noise conditions are not sahsfactonly controlled to protect the gmet enjoyment of the Residential, Visitor Commercial district m that a specific distance should be established beyond which no noise or vibration should be audible or felt • It is ill advised to approve changes to a project so clearly transforming itself from a restaurant to a nightclub before the city has completed its process of legally defining such establishments Due to the time we requue to properly prepare this appeal, we will not be available to appeal this project until the first week of November We will not be available during the holidays We also reserve the right to add pertinent comments to this appeal Y ~ p 2 2 ATTACHMENT B CITY OF SANTA MONICA PLANNING COMMISSION STATEMENT OF OFFICIAL ACTION PROJECT CASE NUMBER Condtttonal Use Permtt 94-024 Reduced Parking Permtt 94-006 LOCATION• 370 Santa Montca Pter APPLICANT Russell Barnard/Cit<~ of Santa Montca CASE PLANNER Luct Htse. Asststant Planner REQUEST Modtficahon of Condmonal Use Permtt 92-028 and Reduced Parking Permtt 92-003 to 1) cxtcnd the tune luntt of the approval and 2) petmtt the redestgn of the prevtously approved 699 seat restaurant and entertatnment establishment wtth a Type 47 (On-Sale General for Public Eattng Place) alcohol ltcense CEQA STATUS Categoncally exempt pursuant to Class 1 of the State CEQA Gmdehnes m that this is a modtficanon of a prevtously approved protect The parking and traffic impacts from the redevelopment of the Smbad's site were analyzed m the Santa Montca Pter Development Protect EIR PLANNING COD71t4ISSION ACTIO\ 9-20-95 Date X Approved based on the following findings and subject to the condtfions below 1 ~~• 023 Demed Other EFFECTIVE DATE(S) OF ACTION(S) IF NOT APPEALED: 10-4-q5 EXPIRATION DATE(S) OF ANY PERVIITS GRANTED: 10-4-9fi Conditional Use Peimit 94-024, Reduced Parking Permit 94-006 LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATE(S): Any request for an extension of the expiration date must be received m the Plamm~g and Zomng Division prior to expiration of this permit Gx Mnnnc~ Conditional Ilse Permit 94-024, Reduced Parking Permu 94-006 CONDITIONAL USE PERMIT FINDINGS The proposed use is one conditionally permitted wittun the subject dtstrict and complies with all of the applicable provisions of the "City of Santa Monica Comprehensive Land Use and Zomng Ordinance", in that this application is an extension and revision to a previously approved CUP and RPP Restaurants and entertainment facilities are permuted uses wuhin the RVC The Condmonal Use Permit is required to extend the rime luau of the vahdiry of the CUP, and to allow the redesign of the project The proposed use would not impair the mtegnry and character of the distract in which rt is to be established or located, in that the alcohol license will be used m con~uncnon with the restaurant and entertainment facility Conditions concerning the operation of the facdity have been included to preserve the integrity and character of the district Such conditions include the provision of a canvas awning over a portion of the outdoor area and an absorptive barrier across an 8 fr passageway area to muumize potential noise impacts. an 8 ft enclosure be provided around the patio and storage areas. the use of servers for the patio area on Friday and Saturday when alcohol is served, and that seance from the food and beverage building occur only within the enclosed lease area The subject parcel is physically suitable for the type of land use being proposed, m that eating and drinking establishments and entertainment facilities are envisioned to be located on the Santa Momca Pier b~ ~~~ 4 The proposed use is compatible with any of the land uses presently on the subject parcel tf the present land uses are to remain. in that the restaurant and entertainment use will be compatible with other uses on the Pter, which include such visitor serving facilities as shops, restaurants. services, and the Fun Zone 5 The proposed use would be compatible with existing and pertnissible land uses unthm the district and the general area m which the proposed use is to be located, m that the protect will be located m the Residential-Visitor Commercial District which allows restaurant and entei'tatnment facthttes and conditionally permits alcohol outlets 6 There are adequate provisions for water. samtanon. and public utilities and sernices to ensure that the proposed use would not be detrimental to public health and safety, m that the site is located m an urbamzed area, adequately served by existing mfrasttucture 7 Public access to the proposed use will be adequate, m that the extstmg access is adequate to serve the development 8 The physical location or placement of the use on the site is compatible with and relates harmomously to the surrounding netghborhood_ m that rt is envisioned that uses on the Pier such as the proposed use will be of the type that attract people to this regional facility and that, as required by this approval the lease area will be enclosed with an 8 ft fence, a banter is required to aid in circulation at the north entry, and a canvas awning will be available to cover the outdoor entenatment area thereby reducing the potential fox crowd control problems ~~athm the facility on the Pter and minunizing the potenttal noise impacts on the surrounding netghborhood 9 The proposed use is consistent with the goals, objectives, and policies of the General Plan, m that the project is located m the Oceanfront Dtstrtct. which encourages vtsitor- servtce establishments Objective 1 5 provides for an expansion of visitor accommodations and related uses m the Oceanfront area, while protecting the extstmg residential mix Policy 1 5 1 states that the Oceanfront area is to be used primarily for etsnor accommodations and commercial recreation The proposed project is a food and entertaitiment facility on the Pter which meets the objectives of the Land Use Element 10 The proposed use would not be detrimental to the public interest, health, safety. convemence. or general welfare, m that the use is cortststent with the Zomng Ordinance and the Land Use Element of the General Plan The application has been modified by the Cny with the condmons of approval to alleviate any potenttal adverse impacts to the community More specifically, conditions have been included to provide a canvas awmne to cover the outdoor entertainment area and an absorptive barrier to cover an otherwise open passageway 11 The proposed use conforms precisely to the applicable performance standards contained in Subchapter 9 04 12 and special conditions outlined m Subchapter 9 04 14 of the Crty ~+~ 025 of Santa Momca Comprehensive Land Use and Zomng Ordinance, in that no performance standard permit is required 12 The proposed use will not result m an overconcentratron of such uses m the immediate vicrmty, m that the site is located on the Santa Monica Pter which is a unique, regional entertainment facility ALCOHOL OUTLET FINDINGS 1 The proposed use and location are m accordance with good zoning practice, in the public interest, and necessary that substantial Iustice be done m that the alcohol license will be for a restaurant m the Residential-Visitor Commercial District, where recreational and tourist related uses are encouraeed 2 The proposed use will not adversely affect the welfare of neighborhood residents rn a significant mariner m that the use will be located on the Santa Momca Pier which is an entertainment center, away from any major residential uses 3 The proposed use will not contribute to an undue concentration of alcohol outlets in the area m that a restaurant with entertainment on the Santa Monica Pter rs a use that will serve residents, visitors. and tourists as the Santa Monica Pter rs a regional destination point 4 The proposed use will not detrunentally affect nearby neighborhoods considering the distance of the alcohol outlet to residential buildings, churches, schools, hospitals, playgrounds, parks, and other existing alcohol outlets m that the conditions for approval will minimize the potential affect on the residential uses in the vrcuuty. Such conduions include that an 8 ft enclosure be provided around the patio and storage area, that alcohol be served m red cups. and that a secunn~ plan be provrded 5 The proposed use is compatible with existing and potential uses within the general area m that the project is located on the Santa Momca Pter whrch is a Residential-Visitor Commercial District, and a restaurant with an alcohol license is compatible with permuted uses 6 Traffic and parking congestion will not result from the proposed use m that parking for the use is available m the public parking lots in the project vicinity The Santa Momca Pier Development Project EIR and additional parking analysis conducted for the Fun Zone, Smbad's, and Ash Grove Coastal peimns indicate that the 1,319 parking spaces provrded are adequate to accommodate the uses because of the interaction of the uses and the different peak demands 7 The public health, safety, and general welfare are protected m that the project is consistent with the provisions of the Zoning Ordinance and the Land Use Element of the ~~ 02~ General Plan which encourage entertainment, visuor and recreation uses on the Santa Momca Prer No harm to adtacent propemes will result in that the conditions of approval will ensure that the establishment operates m a way that mimmizes potential impacts to the surrounding area Such conditions include that an 8 ft enclosure be provided around the patio and storage areas, that no outside window is allowed for the food and beverage building, that a security plan be provided and that alcohol be served in red cups The proposed use is consistent with the obtecnves of the General Plan to that the Land Use Element of the General Plan designates the area as Oceanfront Policy 1 5 1 states that the Oceanfront district ~s primarily for visitor accommodations and commercial recreation The proposed protect will provide food and entertainment on the Pier. REDUCED PARKING PERMIT FINDINGS A sufficient number of spaces are provided to meet the greater parking demand of the partictpahng uses m that the shared parking analysts contained m the Santa Monica Pter Development Protect EIR and addtuonal parking analysts conducted for the Fun Zone concludes that the peak period parking demand for the Pter uses are met with fig 1319 spaces provided Satisfactory evidence has been submitted by the pames operating the shared parking facility. describing the nature of the uses and tunes when the uses operate so as to demonstrate the lack of conflict between the uses m that a detailed analysts of the shared parking for the Pier was conducted in the Santa Momca Pier Development Protect EIR which concludes that the shared parking approach is viable for the proposed uses on the Pier ALCOHOL OUTLET CONDITIONS This approval is for those plans dated July 10. 1995 and a revised fuss floor plan dated September 11, 1995, copies of which shall be maintained in the files of the Planning and Zomng Division Protect development shall be conststcnt with such plans, except as otherwise specified m these conditions of approval Changes to these plans to achieve consistency with these condtnons shall be subtect to approval by the Director of Planning The premises shall serve food to patrons during all hours the establishment is open for customers, customers shall be permuted to order food at the bar at all limes the bar is open for business The premises shall maintain a kitchen or food-serving area m which a variety of food is prepared and cooked on the premises ~~ 027 4. Seating arrangements for srt-down patrons shall not exceed 699 seats at any given time 5 Take out service shall be only incidental to the prtmaty sit-down use 6 No alcoholic beverage shall be sold for consumption beyond the premtses 7 The primary use of the outdoor dining area shall be for seated meals seance Patrons who are standing m the outdoor seating area shall not be served except during private parties when the general public is not adtnitted 8 Hours of alcoholic beverage service shall not extend beyond 6 00 a m to 2 00 a m . seven day s a week 9 Prior to issuance of a Certificate of Occupancy. or a business liccnsc, as applicable. the operator shall submit a plan for approval by the Director of Planning regarding employee alcohol awareness framing programs and policies The plan shall outline a manda[ory alcohol awareness training program for all employees having contact with the public and shall state management's policies addressing alcohol consumption and mebnanon The operator shall provide the City with an annual report regarding compliance with flits condition Thts protect shall be subject to any future City-wide alcohol awareness trattttrtg program condirion affecting similar establishments 10 Prior to tssuance of a Certificate of Occupancy, or a bustness license, as applicable. the operator shall also submit a plan describing the establishments designated driver program. which shall be offered by the operator to the establishment's patrons. The plan shall specify how the operator will inform patrons of the program. such as offering on the menu a free non-alcoholic drink for every party of two or more ordering alcoholic beverages 11 Minor amendments [o the plans shall be subject to approval by the Director of Planning An increase of more than 109 of the square footage or a significant change m the approved concept shall be subject to Planning Comtmsston Review Consttucnon shall be m subslanual conformance with the plans subnnt[ed or as modified by the Plamung Commission, Landmarks Commission. or Director of Planning No expansion m number of seats, intensity of operation, or outdoor areas shall occur without prior approval from the Crty of Santa Monica and State ABC 12 If disposable cups are used for alcohol service. the alcohol shall be served m red plastic cups Alcohol served from awalk-up counter shall he served m red plastic cups 13 No more than three video or other amusement games shall be permitted on the premtses Acnvtnes such as dart boards and pool tables are not considered amusement games ~~ 028 14 Any minimum purchase requirement may be satisfied by the purchase of beverages, including non-alcoholic beverages. or food 15 No more than 50~ of total gross revenues per year shall be from alcohol sales The operator shall maintain records of gross revenue sources which shall be available to the Cuy of Santa Momca and the State ABC upon request 16 The protect shall at all times comply with the provisions of the Noise Ordinance (SMMC Chapter 4 12) 17 Within thirty (30) days from date of the approval of the Statement of Official Action. the applicant shall provide a copy of the approved Statement of Official Action for this protect to the local office of the State Alcoholic Beverage Control department 18 Thts determination shall not become effectrve for a period of fourteen days from the date of determination or. if appealed, until a final determination is made on the appeal Any appeal must be made m the form regmred by the Zomng Admtmstrator The approval of this peimit shall expire one year from the permit's effective date, unless a building permit has been obtained prior to the expiration of this approval in order to exercise the tights granted by this approval Thts permit shall also expire if the butldmg permit expires or if the tights granted under this approval are not exercised within one year following the earliest to occur of the following issuance of a Certificate of Occupancy or, if no Certificate of Occupancy is required, the last required final inspection for the new construction One six month extension of the one year period may be petuutted if approved by the Director of Planning Applicant is on nohce that tune extensions may not be granted if development standards relevant to the protect have become more restrictive since protect approval 19 Applicant is on nohce that all temporary signage is subject to the restrictions of the City sign ordinance 20 Facilities with greater than 50 seats are required to install an interceptor with 1000 gallons minunum 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 BuIIdmg 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 m the place of an interceptor Building Permit plans shall show the regmred installation. 21 Final plans for any changes to exterior design,landscapmg. trash enclosures, and/or signage shall be subject to review and approval by the Landmarks Commission The Landmarks Commission shall pay particular attention to the 8 ft enclosure, leaded curtain, railing, and canvas awning that are required elements of the protect ~~ 029 Special Conditions 22 The applicant shall comply with all legal regmrements regarding provisions for the disabled, mcludmg those setforth m the California Admmistranve Code. Title 24. Pat 2 23 Refuse areas. storage areas, and mechamcal equipment shall be screened m accordance with Sections 9 04. IO 02 130.9 04 10 02 140, and 9 04 10 02 150 (SMMC) Refuse areas shall be of a size adequate to meet on-site need 24 The operation shall at all tunes be conducted m a manner not detrunental to surrounding properties or residents by reason of fights, Horse. activities, or other actions 25 The outdoor patio must be adequately secured to prohibit contact with non-patrons, and door security must be provided at all tunes during hours when alcoholic beverages are being served 26 The patio and outside storage enclosure shall be a mimmum of 8 ft m height Only the lower 42 inch pomon of the patio enclosure may be opaque. the upper portion must be transparent Plans for the enclosures shall be reviewed and approved by the Landmarks Commission 27 No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee 28 There shall be no exterior advertising of any kind or type, mcludmg advertising directed to the exterior from «=ithm, promoting or indicating the availability of alcoholic beverages 29 The food and beverage building serving the outdoor area shall provide service only to patrons in the enclosed patio area No window for take out is allowed on the eastern side of the building facing the Arcade 30 Sere•ers will be provided m the outside area on Friday and Saturday during the period from Memorial Day to Labor Day when alcohol is being served during live entertainment events 31 The area uathm an 8 ft radius paralleling the western side front of the food and beverage building shall not be used for searing in order to provide a clear path from the entry to the entertainment area A railing shall be installed to demarcate the area that is to remain clear 32 A kitchen or service area with a connection to the first floor kitchen shall be provided on the second floor ~~ 030 33 If any portion of the floor space other than the banquet rooms is leased out, the Police Department shall be notified and a security plan shall be submitted to the Police Department for review and approval prior to the event securtty as required by the Police Department for the event shall be provided by the operator 34 Prior to issuance of a Certificate of Occupancy. or a business license, as applicable, a security plan shall be submitted to the Chief of Police for revtew and approval The plan shall address both physical and operational securtty issues The plan shall address general security and special security to be used during events that have live entertainment and`shall also address ingress and egress to the establishment and queuing tssues. with operational measures addressing the various types of potential events and performances 35 The operator shall provide a sound system for use by performers Unless otherwise approved by the Director of Plannins no sound system shalt be brought to the facility by performers A sound engineer shall be provtded for all performances The proposed sound system shall be designed to minuntzc Horse impacts from the protect and shall be reviewed and approved by the Director of Planning and the Police Department prior to Certificate of Occupancy 36 At the Planning Director's request to address Noise Ordinance violations, the applicant shall submit a report within 30 days of such request, prepared by an acoustical expert approved by both the City and the applicant and paid for by the applicant. identifying mitigation measures to resolve any Noise Ordinance violations The applicant shall implement all such mitigation measures as directed by the Planning Director 37 A leaded curtain or other absorptive barrier as approved by the Ctty shall be provided across the 8 ft passageway at the south side as well as a gate across the south side lease line 38 A canvas awnme, which attaches to the stage roof and can cover at least half of the outdoor azea, shall be available as a sound attenuation measure for the outdoor dining/entertainment area The awning shall be used as necessary to mitigate noise impacts from the establishment 39 A partition that can be drawn across the middle of the outdoor area shall also be provided When closed, this partition shall tuck into the food and beverage building This partition shall be an absorptive bonier if it is determined m any reports prepared m response to violations of the Noise Ordinance that additional mitigation is needed ~~ 03i VOTE A~~es Bretsch, Moench, Parlee, Weremtuk, Ztnner Nall None Abstain Bradley, Gruber Absent None NOTICE If this is a final dectston not subiect to funkier appeal under the Ctty of Santa Motuca Comprehensive Land Use and Zonutg Ordinance. the tune within which Iudtcta] review of this dectston must be sought is governed b}~ Code of Ctvrl Procedure Section 1094 6, which provision has bccn adopted by the City pursuant to Mumctpal Code Section 1 16 010 I hereby certify that this Statement of Official Action accurately reflects the final determination of the Planning Commission of the City of Santa Monica. signature date Ken Bretsch, Vtce Chairperson I hereby agree to the above conditions of approval and acknowledge that failure to comply with such conditions shall constitute grounds for potential revocation of the permit approval. Applicant's Signature Print Name and Title f:lplan\share\pc\stoas\cup94024 rev 695 10 ~, r3~ ATTACI~~~VT C Planning Commission September 6, 1995 Chair Bretsch closed the public heazmg Commtssroner Ztnner made a motion for approval of CUP 94-027 with the omission of Condition 37 (the solid wall requirement) Commrssroner Weremtuk seconded the motion Commissioner Parlee asked that the condition be amended to stipulate that the landscaping will not impede cie~s from the street Commissioners Ztnner and }~'eremiuk agreed to the Conduion amendment. The motion was approved b} the following vote AYES. Brersch, Moench, Pazlee, Weremiuk, Zinner D Conditional Use Permit 95-OL3. TTM 52033, 1211 9th Street. R3A, Applicant «'avne J Harman, Application for a Conditional Use Permit and a Tentatrvc Tract Map to permit the construction of a two story, fig e-unit condominium over an eleven space subterranean parkins garage accessed from the rear alley (Planner: Gina Szilak) Approved on Consent. 8. PUBLIC HEARIlVGS: A Conditional Use Permit 94-024 and Reduced Parking Permit 94-006, 370 Santa Monica Pier, RVC with Beach Overlay. Applicant Russell Baznazd/Pier Restoratron Corporation; Application for a Conditional Use Permit and Reduced Parking Permit to modtf~~ Conditional Use Permit 92-028 and Reduced Pazkmg Permit 92-003 to 1) permit the redesign of the previouslc approved 699 seat Tppe-47 alcohol license and 2) extend the time limit of the permit approval (Planner Luct Hise) Following the staff report, Lt John Methle, Executive Officer for the Special Forces Division of the Santa Monica Police Department, gave a detailed report on the cnmmal activities and problems currentl} being expenenced at the Pter Commissioner Pazlee asked for the number of officers that will assigned to the Pier Police Substation and if more will be added Lt Methle stated he would like to have more officers, however the} aze not m the current budget He also stated that the Substation will be operated by several officers and CSOs The applicant. Russell Bamazd, was present to address the Commission regarding tits protect Commissioner Ztnner asked if the entertainment could be moved inside Mr Barnazd stated that the dimensions of the building cannot be expanded and the stage requires more height than can be accommodated m the permitted building Commissioner Zmner asked if the entertainment concept has changed bir Barnard stated that only the amount of people for }~eaz-round entertainment and ~~~ 033 Planning Commrssion the addrtron of 150 seats outside September 6, 1995 Commissioner Zrnner asked about the proposed free-standing outstde bar Mr Barnard stated that service can be hmued during entertainment (allowlne walk- up service only) and he has no problem tf limitations aze conditioned Cotnmtssroner Pazlee asked about the intended expansion ;Vh Bamazd stated that this will be a mule-use facility wrth lrve dance programs and other special event programming Commissioner Pazlee asked about the three points of access Mr Baznard stated that more than one pornt of egress is needed because there is the first level cafe. the retail space and the patio azea He also stated that the first floor cafe and second floor drmng facility will shaze one egress. Commissioner Weremtuk asked about the number of stages on the premises Vir Barnard stated there wtIl be nvo stages, one on the second floor and the outstde patio stage Commrssroner Weremtuk asked about sound buffers between the rivo stages D4r Baznard stated that rf there t5 too much norse outsrdc. the inside venue w-rll not be enjoyable Cornmrssioner Weremruk expressed concern about the reaz stage wall herght and the sound drape cvrth the canvas a~immg Cornmrssroner ~Veremmk expressed concem reeardmg the front access to the establishment. Mr Bamazd stated that tt will similar to Rustv~s entry with an exterior waiting area and allowing only five people to enter at a lime, which is better business strategy The followrng members of the public spoke Stephanie Bazbanell, 16 Seavrew Terrace. Santa Monica 90401 Bruce Cameron, 509 Pactfic Street »104, Santa ~-fomca 90405 Seam Waldron, 1 Ptco Boulevazd. Santa ;v40mca 90405 Paul Rosenstein, Ivlavor of Santa Monica John Gilchrist. Executive Drrector of the Pter Restoration Corporation (PRC) Chrrs Volaskt, 708 Pactfic Street. Santa Monica 90405 Glen Friedman, 200 Santa Monica Pter, Santa ~4onrca 90401 1~latt Kramer, 20 Park Avenue, Venice 90291 Mr Barnard spoke m rebuttal to the public comment Commtsstoner Pazlee commented on the ingress%egress on the Pter Promenade and where alcohol sales may occur Mr Baznard stated that he has no problem with the proposals made in the supplemental staff report The Commrssion razsed questions regarding the sound curtarn, fencing, alcohol serc-rce and seating m the patio enclosure ~~ 034 Planning Commission September 6, 1995 Commissioner Weremruk asked about placing a condition on private games m the patio azea and closing the sound curtain Mr Barnazd stated that he would rather not have such a condition, however only half of the area would be used for pnvate parties Commissioner Moench expressed concern about sound carr}•tng across the water to adjacent residential propernes Chair Breisch closed the public hearing "fhe Commission took a break at this point ~67ien the heazme reconvened. Commissioner Parlee commented that some of the concerns expressed by the Commission were overstated. He stated that since this project was imtially approved, the plans for the City's Fun Zone has been fundamentally changed and this affects the project being discussed He also stated that a lot of work has been put into this pro~cct and that the outdoor venue will be sub}ect to limitations of climate He commented that Mr Barnard appeazs to have considered most problems, such as the control of entries and the leaded sound curtain Chair Bretsch asked staff if the first order of business is to extend the ongmal permits. Deputy City Attorney Strobel stated that there is the issue of whether the nght to extend the permits exist Commissioner Pazlee made a moron to extend the CUP per staff s recommendations Commissioner R'eremiuk seconded the motion Deputy City Attorney Strobel asked about the inclusion of Condition #18 m the supplemental staff report Cotmnissioner Pazlee suggested tr~thdrawing rt Commissioner W"eremiuk agreed and suggested the addmon of a sound engineer condition She also expressed support for the protect, praised Rusty's, which she recentl}° visited and found she could not heaz the music from fifteen feet outside the building She stated that this establishment Hall be a "wonderful amenity" for the Pter and the only outdoor music venue m the area She also stated that if it does turn into a problem, the City, as the lessor, can pull the permits Commissioner Zrnner expressed agreement Math Commissioner Weremiuk He stated that pnor to the heanng he had a different view of the project. but has been swayed by the hearing Commissioner Moench asked about Noise Ordinance enforcement Mr Webster stated that if tliere is a violation, a warning will be issued and the City ~tizll work with the applicant to remedy the situanon b4r Webster noted that Mr Bamazd has provided extra mitigation measures such as the leaded sound curtain and alining Additionally, hIr Webster stated that if there is no compliance, the City may prosecute; revoke the business license, CUP and the lease ~°~ Q35 Planning Commission September ti, 1995 Commissioner Moench asked if there is a checks and balance system for enforcement. Mr ~~~ebster stated that the landlord is the Ctty Council and staff «i11 do the enforcement Chair Bretsch expressed concern on the histon of the project. the changes that have effected the protect and the seeming domino effect He stated that the Pter Restoration Corporation (PRC) did not do a good fob m this matter. Commissioner ~4oench expressed reservations regarding performance standazds for noise and the sound engiiieermg report Commtsstoner Parlee stated that there is a City Noise Ordinance, that sound readings were done for a worse case scenario and to go beyond this seems unfair to the applicant Commissioner Ztnner commented that rt appears the noise will go up as the patio is walled and curtained He asked if the stage is open air Mr Barnard stated that the stage is roofed Commissioner Zinner asked about the definition of the word "detrimental" m Condwon ;#24 Deputy Cite Attorney Strobel explained that this condition is simi[az to other Clip conditions which aze broadly defined and legally defendable She suggested that for implementation of the mitigation measures, the condition can provide that if there is documentation of \oise Ordinance ~ iolations, this will trigger the mitigation measures Commissioner Zinner asked if rather than technical experts, an expert panel could be created to define the solutions to noise problems Deputy City Attome} Strobel stated that this can not be precluded. however standards need to be achieved Mr Webster suggested a broader measure ti~ith requiring the applicant. wifhm 30 days. to supply a sound report by an expert, at the apphcanfs expense and chosen m conjunction ~+•tth the City, for abating the noise Commtsstoner Pazlee made a motion for approval and to extend the permits t~ith the following new conditions that Horse mitigation measures be added, that the requirement for uniformed officers be struck from the condition. that Condition F32 regarding the painted line be rephrased using ~1r Barnazd~s terminology. that gates or fences be added, that the leaded curtain be included as a condttton. that security measures will shift with the n~pe of venue. that there be a canvas a~i~iing as a noise mnigauon measure. if needed, and that there be a canvas partition across the outdoor dining area to provide a sound buffer Commtsstoner 1'~`eremmk seconded the motion She asked that the following conditions be added that a sound engineer be present, that Condtnon #18 be added per the supplemental staff report, and that the condition regarding sound mtngauon include direction by the Director of Planning and that the sound report and needed mitigation measures be at the apphcanf s expense Commtsstoner Parlee agreed to the additional condmons Commtsstoner Moench commented on the length and complexity of this hearing and questioned some of the additional conditions and conditions recommended m >+~ 036 Planning Commission the supplemental staff report September 6, 1995 There was a length}' discussion regazdmg the proposed outdoor painted hne and other barriers Commissioner Weremiuk withdrew her second of the main motion and made a substitute motion to include all the pnor motion except Condition X32. Chair Bretsch seconded the mouon for dtscusston Commissioner ?vloench asked for clanficauon as to the location of the ~~all'planter m outdoor area Staff stated that the barrier is eight feet m height adjacent to the seating area and its purpose is to keep a cleaz access through the area Staff also stated that the applicant agreed to the condwon now Commissioner Pazlee stated that he would agree to keep this m the main motton The substitute motion was withdrawn Mr Webster suggested that this could be an approval m concept with the revised findings and conditions returning on September 20, 1995 Chair Breisch asked staff for options on this item. Deputy City Attorney Strobel stated that the Commission can vote on conceptual approval with conditions and findings to return or continue the entire matter to September 20, 1995 Commissioner Pazlee recommended that the Commisston vote to continue Commissioner Zinner also supported the cote to continue Commissioner Moench made a motion to continue this item to September 20, 1995 Chazr Breisch seconded the motton The motion was defeated by the following vote AYES Breisch, Moench. ROES Parlee, R'eremiuk. Zinner Commissioner Zinner called the question on the ongmal mouon The motion was approved by the following vote AYES Bretsch, Pazlee, Weremtuk, Zinner. I~iOES Moench Commissioner ~4oench changed his vote to "aye" for an unanimous approval CONTIISUED TO SEPTEMBER 20, 1995. [The Commission took a break at this point ] ~°~ 037 Planning Commission September 20, 1995 A Installation of ?view Planning Commissioners Planning Drrector Fnck led the new Planning Commtsstoners. Berton Bradley and Frank Gruber. m the Oath of Office. The Commtsston and staff welcomed the new Commissioners 4. APPROVAL OF ~'IINUTES: Commtsstoner Parlee made a motion to approve the minutes for August 2, 1995. as submttted Commtsstoner ~Veremiuk seconded the motion. which was approved b} voice vote with Commtsstoners Bradlee and Gruber abstamme ~. PLAISNING DIRECTOR'S REPORT: ~4s Frick gave the Directors Report She outlined the planning related issues that ~r~ll be on the Crty Council aeendas m October Commtsstoner Ztnner asked tf the Commtsston will be reviewing the Mam Street Streetscape plan h4s Frick stated that a copy of the draft plan can be sent to the Commtsston, however rt «~11 be not be reviewed by the Commtsston 6. STATEMENT'S OF OFFICIAL ACTION: Consent Calendar Commtsstoner Parlee made a motion to approve the Statements of Official Action as submttted Commtsstoner ~~'eremmk seconded the motion, which was approved be voice vote wtlh Commtsstoners Bradley and Gruber abstairune. A Conditional Use Permit 94-027. 1649 Seventeenth Street. B Architectural Review Board 95-028. 2000 Colorado Avenue 7. PUBLIC HEARINGS: Consent Calendaz A Conditional Use Permit 94-024 and Reduced Pazkmg Permit 94-006, 370 Santa h4omca Pier. RVC with Beach Overlay, Applicant Russell Barnazd/Pier Restoration Corporation. Fmdmes and Conditions for a Conditional Use Permit and Reduced Parking Permit to modify Conditional Use Perini 92-028 and Reduced Parking Permit 92-003 to 1) permit the redesign of the previously approved 699 seat restauranUntghtclub with a Tvpe-47 alcohol license and 2) extend the time limit of the permit approval (Planner Luct Hise) Follow•mg the staff report, Deputy City Attorney Strobel noted that Condition T36. whrch requires the applicant to supply an acoustical report upon request of the Planning Director, does not specify any implementation of mitigation measures She recommended that such language be added to the condition Commissioner Zrnner asked about the awning and the need to increase the size of the beverage building to accommodate the storage of the curtain Charr Bretsch asked for a motion and vote to reopen the public hearing -~ ~ X38 Planning Commission September 20, 1995 Commtsstoner Pazlee so moved and Commissioner Zinner seconded the motion, which was approved by voice vote. The applicant, Russell Bamazd, addressed the Cotnmtsston regazdmg the issue of the curtain and the increase m the beverage building size. Commtsstoner Zenner asked staff tf the seating arrangement shown on the plans is a commitment or dust to show how sealing could be done Staff stated that sealing placement indicated on the plans is permanent Cotmtsstoner Moench asked about the canvas and aw~rimg specifics discussed on page two. paragraph four. Chair Bretsch referred Commissioner Moench to the new Condittons #36-34 Commtsstoner Moench asked the Planning Duector about adding the mmganon implementation language recommended by the Deputy City Attorney and if there is a model for such language Ms. Frick stated that there is a model and such language w711 be added Commtsstoner Moench expressed concern about the proposed curtain Commtsstoner Ztnner made a motion for approval with the following amendments to Conduion X36 regarding implementation language: to Condmon X38 regarding location of the curtain to the stage and awning attached to stage when not m use; and to Conditron #39, adding that when the curtain is closed it shall be tucked into the beverage building as indicated by the applicant. Deputy Crty attorney Strobel suggested the following language for Condmon #36. At the Plaruung Duector's request to address Noise Ordinance violations, the applicant shall submit a report within 30 days of such request, prepared by an acoustical expert approved by both the City and the applicant and paid for by the applicant, idennfymg mingahon measures to resolve any Noise Ordinance violations The applicant shall implement all such mitigation measures as directed by the Plannme Director Commrssioner Parlee seconded the motion. The mohnn was approved by the following vote• AYES Bretsch, Moench. Pazlee, Weremiuk, Zenner. ABSTAIN Bradley. Gruber B Amendment to Amcle IX of the• Santa Monica Municipal Code to clazifi requirements for protects spanning lot lines, achieve greater consistency among Zoning Ordinance standazds for building step backs by making LMSD requirements identical to those of other non-residential districts: to make height policies for Affordable Housing Protects consistent m the multi-family districts, to make a minor clanfving amendment to antenna regulations: to address access issues for service stations: to respond to Planning Commission directton to modify existme variance provisions, and to specify that variances to driveway M~ 039 ATTACHMENT D