SR-8-A (187),~ ~ ._ 8~
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P&Z.DK~'U lh f'lplanlshaze\pc~strptlcupa402q Santa Momca. Califomia
Plamm~g Commission Mtg September 6. l9~aq
~ TO The Honorable Plannmc Com~„~ssion
FROA~S Plamm~g Staff
SUBJECT Conditional I;se Permit a-3-~24
Reduced Parkme Permit ~~=1-94-q06
Address 370 Santa vlonua Pier
Apphcant Russell Barnard/Crty of Santa Monica
INTRODUCTION
Acnon• Applicahon for a Condmonal Use Pernut and Reduced Pazkuig Permit to modify
Conditional Use Permit 92-028 and Reduced Pazkuig Pemut 92-003 to 1) permit the redesign of
the previously appro~~ed 699 seat restat~rant and entertainment establishment with a Type 47
alcohol license and 2) extend the time lumt of the approval With the approval of the Reduced
Pazking Permrt, the proposal meets all appl~cable development standazds
Recommendahon Approval tizth condi[~ons
Perniit Streamhmn¢ Expirauon Date
STTF. LOCATION .A~'~TD DESCRIPTI~N
The sub~ect properte is a le~se area of approximately 12,144 sq fr at 370 Santa Monica Pier,
about 60 feet from the northern end of the P~er. Surrounding uses consist of the Pier platform
and the beach pazkmg lot to the north. tlie Pier platform pazkuig azea to the south, the Arcade
to the east and the Fun Zone to the ~~est The entire azea is wned Residential Visitor
Commercial (RVC)
Zomn~ Distnct. RVC
Land Use District Oceanfront Distnct
Pazcel Area The lease area ~s approximate]}- 95 ft. x 127 fr for a total of 12,14A sq ft.
PROJECT DESCRIPTION
The proposed pro~ect is an amendment tn pre~ iously approved CUP 92-028 and RPP 92-003 to
allow a restaurant and eniertamment faciLty ~rith a Type 47 alcohol license. The pro~ect has been
redesigned to be compatible c~ith the cunfiguration of the Pier Pun Zone and to make other
changes desired by the apphcant
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The proposed project consists of a three story buildmg, a separate food and beverage building and
an outcloor stage ~vith an associated dressutg and storage building. The mau~ btulding contains
approximately a,440 sq fr of floor azea on the ground floor, 4,800 sq. ft on the second floor
and 1,200 sq ft on the third floor, for a total of approximately 10.440 sq ft An enclosed
storage azea (appcoxunatelv 740 sq. ft) is proposed to be wrapped azound the southwestem corner
of the buildmg The storage azea ~i~~l be fenced with an 8 fr high wooden fence
There is approximately~ 5,5~0 sq ft of extenor seatmg area located at the ground level, with
about 600 sq ft of this space covered by the canhlever of the second floor on the north side of
the building The exterior seatmg area wTaps azound the northwest, north and east side of the
buildmg The pario area ~vill be enclosed with an 8 ft. lugh windscreen that is opaque at the
bottom and transpazent at the top A 290 sq ft structure is proposed to be located at the
northeastern end of the lease area to serve food and beverages to the patrons on the patio. A stage
and an associated dressmg and storage area (approximately 520 sq. ft) aze proposed at the
southeastern portion of the lease area.
The buildmg and pauo «~ill be used as a restaurant and entertainment facility A small area is
set aside on the first floor of the building for rctail spacc The plans show a banquedoffice azea
on both the second and third floors The applicant has indicated that the officc ~vill be on one
of the floors and the banquet facil~t~~ on the other but that the determination of location has not
ve[ been made
The plans mdicate that the facility can accommodate up to 792 persons per the Umform Buildmg
Code if all azeas ~~'ere used at one hme In calculatmg the maximum occupancy using the
Bu~ldmg Code information it appears that the project could accommodate from approximately 830
to 90o people dependmg on the uses of the banquedoffice azeas on the second and third floor.
Smce occupancv per the Umform Building Code ~s determined by use, if the tables and chairs
aze moved there could be a sigmficant mcrease in the potenhal maximum occupancy of an azea
such as the outdoor pat~o (The maximum occupancy affects the number of exits requued.) The
applicant has indicated that the total seating at any given time w711 not exceed 699 seats
MI.JNICIPAI, CODE AND GE\~RAL PLAN CONFORMANCE
Wuh the approval of the Reduced Pazkme Pernut, the proposed pro~ect is consistent with the
Mumcipal Code and m conformrty ~r1th the General Plan as shown m Attachment A.
CEQA STATUS
The parking and traffic impacts from the redevelopment of the Smbad site were analyzed m the
Santa vfonica Pier Development Project EIR The-original Conditionai Use Permrt was to allow
the issuance of azi alcohol license As an approved pro~ect, a modification to the existing
approval is categoncally exempt pursuant to Class 1 of the State of Cahfornia Environmental
Qualrt}~ Act Guidelincs.
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FEES
The pro~ect is not sub~ect to any development fees
PUBLIC NOTIFICATIO\
Pursuant to Mumcipal Code Sechon 9 04 20 20 080, within 30 days after the sub~ect apphcatron
was deemed complete. the appl~cant posted a sign on the property statmg the followmg
mformahon- Pro~ect case number, brief pro~ect descnption, name and telephone number of
applicant, srte address, date, hme and location of public hearing, and the Planning and Zomng
Drvision phone number The apphcation was origmall~ to be heazd eazlier tlus yeaz, but was
delay~ed due to issues concermn~ the location of the lease lules which changed due to finahzation
of the precise location of the Fun Zone project. Another continuance occurred to allow~ further
discussion with the apphcant concermng the proposed pro~ect. The applicant revised the posted
sign to reflect die Septeinber 6 hearing date
In addition, pursuant to I~lumcipal Code SecUon 9 04 20 22.050, notice of the public heazmg was
mailed to all o~ners and resident~al and commercial tenants of property located w~thin a 500 foot
radius of the pro~ect at least ten consecuhve calendaz days prior to the hearing A copy of the
notice is contamed ui At[achment B
ANALYSIS
Backeround
Restaurants and entertamment uses are permitted in the Residenhal-Visitor Commercial (RVC)
Distnct, however, such estabhslunents that serve alcoholic beverages require a Conditional lise
Permrt On October 27, 1492 the City Council upheld the Plannmg Commission approval of
CUP 92-028 and RPP 92-003 to allo~~~ a 699 seat restaurant wlth live entertamment. The
approved project included a cafe, dinmg area with a stage, an outdoor patio with a bevera~e baz.
and retail space on the ground floor The second level was open to the ground floor and
provided seatmg, two banquet rooms and offices The upper floor was a dining room w~th a
lazge extenor terrace azea Kitchens were located on the first and upper levels wrth a service azea
on the second level The approval was for 699 seats although the occupancy capacrty per the
Umform Buildmg Code exceeded that aznount.
The applicant obtamed approval from ABC for a Type 47 alcohol license on April 4, 1995 rhe
apphcant has redesigned the previously approved pro~ect. The design modifications are
considered a significant change in the approved pro~ect and, therefore, require Plazuung
Conunission approval In addrtion, smce ABC appr-~vals were obtained for the project subsequent
to filing the amendment requzsts, Condrtion 18 estabhshes a new term for tlus approval
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Pro~ect DesiGn
The proposed restaurant and entertainment facil~ty conta~ns approximately 17,160 sq ft of floor
area. The revised pro~ect has less total square footage than the origmal approval. but has a
greater amount of ertenor seatm~ The followmg provides a summarv of the squaze footage
changes
~ CUP 92-028 CUP 9~1-024 Difference
Intenor Sq 15.708 10,100 - ~,608
Ft
Extenor Sq 3,778 7,060* + 3,282
Ft
Total Sq Ft.
,....~..,,e~ ,~~ ~. 19;486
. ._.....,.. ~.,..~..e 17,160
_.e.. - 2,326
Although the pro~ect redesien has resulted m a slight squaze footage reduchon, the exterior square
footage has mcreased by approsimately 3,280 sq. fr.
Even wrth the squaze footage changes, the apphcant has mdicated that the buildmg ~r-ill srill
mamtain a maximum of 699 seats as~vas origmally approved under CUP 92-028. The apphcant
has also mdicated that the number and configuration of the seats w~ill van, dependmg on the time
of yeaz and ty~pe of entertamment beuig offered.
The establishmenf s overall layout, particulazl~~ «ith the increase m the exterior seatrng. mcreases
the primary focus for the pro~ect as an entertamment facility rather than a food service
establishment The proposed pro~ect features a permanent outdoor stage (approximately 280 sq
ft ) and dressmgistorage area (approximately 123 sq. ft.) located at the southeastem corner of the
lease area This constitutes a significant change from the previously approved project. Staff
concerns w~th the outdoor stage aze regardmg potential noise impacts and public safety Tlvs is
discussed under Neighborhood Compatibiliry and Police Department Issues.
An m[enor s[age is proposed on the second floor of the building wrth a dance floor ad~acent to
the stage This slage ~vill not ahvays be in use The applicant indicated that, because of the
location of the facility ad~acent to the water, the outdoor stage would be used during good
weather and the indoor staee would be used at other times
The floor plans m the onemal approval mdicated a cleaz connection bericeen the first and second
floors through the krtchen The proposed floor plan shows a kitchen/storage azea on the second
floor but the second floor appears to be more for entertainment use The applicant states that the
second and first floor kitchens ~~zll either be connected by a dumb waiter or a separate kitchen
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will be provided on the second floor Cond~rion 33 is recommended to requ~re the connection
or a second k~tchen to mamtain the pnmary use of the facility as a food service rather than
entertamment use
Parkmg and C~rculat~on
= The parl.ine for the pro~ect is provided m the pubhc pazkmg lots m the Pier azea A Reduced
Parkmg Permu is needed because the parking is not provided on s~te and the pazkmg will be
shared by the various uses on the Pier. The shared pazking analysis provided in the Santa Momca
Pier Development Pro~ect EIR mdicates that tcro peak hour pazking demands occur for the Pier.
The first ~s at 1 00 p m and the second is at 8 00 p m The shazed pazking is viable on the Pier
because of the mterachon of the various land uses
The Code required pazkme for the proposed use is dependent on the ratio used and whether the
floor azea ts defined as reslaurant or mghtclub space On August 18, 1995, City Council
approved for first readme an ordinance ~vhich amends the defuutions for iughtclub and restaurant
Attachment F pro~ ides the definrtions for m~htclub and restaurant that aze currently in the Citp
code and the proposed definihons In add~hon to the ratios in the code, a peak pazking demand
raho was gencratcd m the Pier EIR for the uses on the Pier The following table mdicates the
different pazkin~ ranos
Use Source Required Pazking Ratio
ResTaurant Use Pter EIR l space/188 sq. ft.
Restaurant Code 1 space/300 sq. ft. of support area;
1 space/75 sq ft. of service & seating area,
1 space/50 sq ft of sepazate baz area
Nightclub Code 1 space/50 sq. ft of floor azea
Usm~ the peak parkmg demand rano generated in the Pier EIR, the project would require 91
spaces Under the Code formula, the proposed project requires 190 pazking spaces if it is
considered a restaurant use and 343 spaces, or an increase of 153 spaces, if the space is a
nightclub The Pier EIR assumed a Sinbad's pro~ect which was lazger in squaze footage than
that which is currently proposed The pro~ect concept (restaurant with a sigmficant entertamment
component) is similaz to that which ~i~as analyzed m the Pier EIR and, therefore the shared
pazkmg analysis for this pro~ect remams v~able and may even be conservative groen the reduction
in the size of the pro~ect.
After the adoption of the Pier EIR addrtional analysis of the Pier pazking occurred in connection
with the processing of thc Coastal pcrmit appl~cat~ons for the Fun Zone, Smbad and Ash Grove.
It was detcrmmed at that point that 1,319 pazking spaces could be provided for the Pier. The
parkmg analysis, wrth the allo«ance that the level of intensity and number of parking spaces that
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existed on the Pier prior to the 19R3 storms are grandparented and that addirional pazkmg be
provided for net ne~a~ square footage mdicated that there would be a surplus of 32 pazkmg spaces
The ree~e~v included 19,486 sq ft for the sub~ect pro~ect and not the reduced square footage that
is currently bemg reviewed
The followmg provides the currentl~• available pazkmg ~~~hich serves the Pier
Locat~on ~Io of Spaces
Pier surface lot 28~
1550 Pacific Coast Hieh~ti-ay 1,03~3
TOTAL 1,319
Based on this analysis and the provision of the new parkmg, adequate pazkmg exists to
accommodate the revised pro~ect because of the shazed pazking
Neighborhood Companbilitv
The squaze footage of the pro~ect has been reduced ut size from the pro~ect that was previouslv
approved undzr CUP 92-028 Howe~er, addihonal outdoor seating has been added to take
advantage of the site locahon. Outdoor seating was mcluded in the onginal approval but was
located on a terrace on the third le~~el An outdoor stage at the ground lecel is part of the revised
proposal and ~vas not in the ongmal apphcation. The outdoor stage could create a disturbance
to the neighborhood because of amplified sounds and the numbers of people that could be
attending a performance or congregatmg m the area
While nightclubs which hace live entertainment aze a permitted use m the RVC district, there is
a d~fference m the character and noise levels if the entertamment is outdoors Part 9 02 0812 020
of the code lists the permitted uses and indicates that these uses aze allo«~ed, ". if conducted
wrthm an enclosed bmldmg, except where otherw~ise permitted " Outdoor entertaznment can
result in noise and crowd problems Wlule the Citds objective is to revitalize the Pier and to
attract people from the region, considerahon needs to be given to the potenhal unpacts to the
surroundmg area
Outdoor music ecents do currently occur at the Pier The Twilight senes is a Thursday mght
Crty sponsored music event that occurs on the Pier This outdoor event has amplified music
The ma~or difference bet~c~een the Tw7light series and the proposed pro~ect is that the Tw~light
senes is conducted once a w'eek between the hours of 730 p m. and 9 30 p.m. only m the
sununer months In addition, the Police Department assigns four addrtional officers to the Pier
durme the Tw~inght series events W~ile Police records do not mdicate any calls for service this
does not mean that there have not been calls or addiuonal assistancc needed at the Pier. There
~vas a recent instance in wluch all available meht watch Police officers m the City were sent out
to the Pier to ass~st in a crowd control situation relatmg to a Tw-inght Dance event which could
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not be adequately addressed by the officers assigned to the event. The Police Departrnent
mdicated that this d~sturbance mvolved approkimately 70 gang members. All other routine calls
for service m the remameder of the Crty were put on hold due to th~s event. In addition, some
formal complamts ha~~e not been filed when people call to complam and aze mformed of the
ex~stence of a permit and the hour that the music will end
The apphcant did not propose an_r- estabhshed days or hours for the outdoor entertamment
Plannmg staff concerns are the level of no~se as well as the frequency and the durahon of the
events As proposed, the pro~ect has roll up doors that could be opened during a hve
performance so that people mdoors could participate m the outdoor event. If this feahue were
retazned and the live entertamment moved to the indoors, then the doors could be opened so that
people outside could hear The advantage to tlus approach is that the ~Lalls and roof of the
bwlding w111 reduce the noise impachng the ad~acent area. If there is a problem with noise, the
doors could be closed to mimmize noise impacts With an outdoor stage there is no physical
wac to reduce ilie noise other than close the event. In addirion, an indoor stage would minunize
loitermg smce thc acrivity «~ould not be as visible or audible from the Pier pubhc spaces.
Condrtions about the hours of operation crere imposed on the Fun Zone to minimize potential
impacts to the azea The Fun Zone hours of operaUon bet~~~een Memonal Day and Labor Day
aze hmited to 10 00 a m to 9.00 p m Mondac through Thursdap and 10:00 a m to 12.00
m~dnight on Fnda~~_ Saturday and hohdays
Absent anv mrtieation for the outdoor entertamment azea and to allow entertauiment to occur on
the Pier while mimmiung impacts to the area, staff recommends that all regulazly scheduled
entertamment occur w~thin the buildmg In order to allow the possibility of outdoor music for
special events it is not recommended that the condinon state no outdoor music shall occur
However, if outdoor music is desired for special events a temporary use permit wouid be requued
to a11o~v adequate Cin~ re~~ie~~~ of the request In order to have the regulazly scheduled
eniertainment mdoors the applicant may need to redesign the builduig. Minor modifications (less
than 10% increase m square footaee) can be approved by the Director of Planning However,
if the applicant chooses to sigmficantl}- redesign the project, the project may need to return to the
Plannmg Comm~ssion for review-.
Pohce Department Issues
The Santa Viomca Police Depattment expressed the followmg concerns regazdmg the outdoor
stage and the amount of outdoor seahng proposed• 1) the noise generated by the amplified
entertaznment, 2) crow~d control problems relating to people loitenng adjacent to the
establishment, and 3) Pol~ce access mto the facility if needed. The Police Department has
significant concerns about the pro~ect, particularly?he outdoor entertvnment aspec[. A memo
from the Police Department is mcluded as Attachment G
One Pol~ce concern ~~-ith the outdoor stage is that the use of amplified sound will result in
adverse noise impacts to the area. The likehhood of an mcrease in noise complaints is greater
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I with an outdoor stage H~stoncally, there have been noise complamts from the City sponsored
T~~+ilight Dance Senes The layout of the Series ~vas recently reonented to address the notse
issues Unlike the project, the Twilight Dance Senes is moveable and can be reoriented since
no permanent structures are mvolved
Typically people who either are too y~oung to enter a fac~hty or who choose not to pay the
admission price congregate outside an outdoor performance venue. Police are concerned that this
could result m crowds of people sometimes lortermg azound the proposed fac~ht~~, potentially
creahng serious crow~d control problems The P~er is already a very difficult azea for the Pohce
Department to access dunng an emergency due to hmrted access routes and the frequent pressure
of lazge numbers of people
The Police also have concems wrth the location of the food and beverage building that ~r~ill sen~e
the patio azea First, peopie often congregate m ttus type of azea as they aze ordering and wartmg
for food and drink. If this occurs, Pohce access to the facility m the case of an emergency could
be impeded. The applicant has mdicated that generally there will be sen~ers for the patio patrons
to prevent congestion at the facility entrance In addrtion; the azea adjacent to the entrance and
along the enclosure should be kept cieaz of tables Condiuons 31 and 32 are recommended to
address iliese concems.
Second, the location of the food and beverage building provides the potenhal for servicc to occur
from a window• on the side of the buildmg outside the facility The applicant uidicated that the
bu~lding is offset to attract people to the facilit}~ and that no service window- will be provided on
the side of the building outs~de the lease azea. Condition 30 is recommended to ensure that no
cvindow is provided m the building to serve food outside the patio area
Although the second story balcony is narrow in vndth, the Police Department expressed concern
with patron access to the balconc The concems aze that crowds will congregate on the balcon~•
durmg hve performances and that somc patrons could throw ob~ects from the balcony into the
crowd below From an azchitectural perspective, the balcony provides some visual relief to an
otherwise flat facade If the Commission approves outdoor entertaumient, a condrtion should be
mcluded to limrt use of the balcony during performances.
The plans indicate a 6 fr high fence around the patio area and the storage azea located adjacent
to the building The Police recommend a minimum fence height of 8 ft in both azeas The
greater fence height around the patio will mmutuze the passmg of alcoholic be~-erages to mmors
who aze not able to enter the facilih~ The 8 ft. fence height around the outstde storage will deter
people from lookmg or climbing over the fence mto the storage azea The appiicant has mdicated
a willingness to install a mimmum 8 ft fence azound the patio azea and the enclosed storage area
The Police discussed a trend ~~hich they have seen occurring where establ~shments lease out the
space for a mght to a separate operator The Pohce want to avoid the "revolving party" and have
requested that notificahon be provided to them pnor to the occurrence of such an event so that
a secuntS~ plan tailored to the specific event can be approved Condition 34 has been included
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to address this concern
There ~ras discuss~on concernmg restrichn~ the admission age to 21 yeazs or older for live
entertainment e~~ents The ob~ective to this operahonal condrtion is to mmimize ~ssues wrth
alcohol and minors and reduce the loi[erm~ around the facility Howe~~er, imposing this
condition ~~ould preclude the operator from havmg family type live entertamment events
Therefore, staff ~s not recommendmg such a condrtion
Conclusion
Because of the noise and operat~onal concerns that may result from the occurrence of live
performances on the outdoor stage and the absence of an~~ mitigat~on, approval of the outdoor
staee is not recommended It is recommended that the project be redesigned to accommodate the
stage and the lice entertamment ~c ithm the buildmg. It is recommended that the Reduced Pazkuie
Perm~t be appro~ed because «~th the mteraction of uses that occur on the Pier and the different
peak demands. shared pazkmg is a viable approach Wrth the 1,319 pazking spaces provided for
the Pier, adequate parking exists to accommodate the pro~ect
RECOb~iME~IDATIOV
It is recommended that the Plamm~g Commission approve Conditional Use Permit 94-024 and
Reduced Pazkmg Permit 94-006 sub~ect to the follawmg findings and condit~ons
CONDITIOI~'~L liSE PERIvtIT FII~'DII`'GS
The proposed tue is one conditionally permitted ~~~thin the sub~ect district and comphes
w-ith all of the applicable provisions of the "Ciry of Santa Momca Comprehensi~~e Land
Use and Zonmg Ordmance", m that tlus appl~cation is a revision to a previousl}~
approced CUP and RPP Restaurants and entertamment facilrties aze permitted uses
w~ithin the RVC The Conditional Use Permrt is required for the alcohol license, ~~•hich
was obtamed fxom ABC m Apnl 1995, and to extend the rime limrt of the validin~ of
the CUP
The proposed use would not impa~r the integrity and chazacter of the district m which
it is to be estabhshed or located, m that the alcohol license will be used m conjunction
with the restaurant and entertamment facility Condihons concerrung the operahon of
the facilrt~- ha~-e been mcluded to preserve the mtegnty and character oY the district
Such conditions mclude that the live entertainment occur withm the building, that an 8
fr enclosure be provided azound the pano and storage azeas, that servers provide service
for the paho area on Fnday and Saturda}° and that sen~ice from the food and beverage
buildine occur onlv ~~'ithm the enclosed area.
The sub~ect parcel is physicalh~ suitable for the type of land use being proposed, in that
eatmg and dnnkmg establishments and entertaznment facilities aze envisioned to be
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' located on the Santa Monica P~er
4 The proposed use is compatible with an~~ of the land uses presentl~~ on the sub~ect pazcel
if the present land uses aze to remam, m that the restaurant and entertamment use will
be compatibie ~~~ith other uses on the Pier, which include such v~sitor servmg facilities
as shops, restaurants, services, and the Fun Zone
~ The proposed use ~~ould be companble ~vith existmg and permissible land uses withm
the district and the general azea m which the proposed use is to be located, m that the
pro~ect ~z~ill be located m the Residenhal-Visitor Commercial Disuict wtuch allows
rescaurant and entertammem Yacihties and condrtionally permrts alcohoi outlets
6. rhere are adequate provisions for water, sacutarion, and pubhc uUlrties and services to
ensure that the proposed use would not be detrimental to public health and safety, ~n that
the site is located m an urbanized azea, adequately served by existmg mfrastructure
7 Public access to the proposed use will be adequate, m that the existmg access is adequate
to sen-e the development
8 The physical location or placement of the use on the site is comparible ~i~ith and relates
harmomously to the surroundmg neighborhood, in that rt is envisioned that uses on the
Pier such as the proposed use w711 be of the type that attract people to this regional
facihty and that, as required by~ this approval, all entertainment ~cill occur indoors
thereby mimxmzing noise impacts on the surrounding neighborhood and reducing the
potenual for crov~;d control problems on the Pier.
9 The proposed use is consistent with the goals, ob~ectrves, and policies of the General
Plan. m that the pro~ect is located in the Oceanfront D~strict, which encourages visitor-
sen~ice estabhshments Ob~ectn~e 1~ provides for an expansion of visitor
accommodations and related uses m the Oceanfront azea, while protecting the exishng
residential mix Policy 1.5 1 states that the Oceanfront azea is to be used pnmazily for
visrtor accommodations and commerc~al recreation The proposed pro~ect is a food and
entertamment facility on the Pier wluch meets the objechves of the Land Use Element
10 The proposed use would not be detrimental to the public mterest, health, safety,
convemence. or general welfare, m that the use is consistent wzth [he Zomng Ordmance
and the Land Use Element of the General Plan The applicahon has been modified by
the City with the condiuons of approval to alleviate any potenual adverse impacts to the
commumty More specifically, a condition has been included for the live entertainment
to occur wlthm the buildmg rather than-outdoors except for special events foi which a
Temporary Lse Permrt must be obtained
11 The proposed use conforms prec~sely to the applicable performance standards contained
m Subchapter 9 04 12 and special conditions outlined in Subchapter 9 04 14 of the City
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of Santa Momca Comprehensive Land Use and Zonmg Ordmance, m that no
performance standard permit is reqmred
12 The proposed use will not result m an overconcentrauon of such uses m the immediate
~acimty~, in that the sue ~s located on the Santa Momca Pier w~hich is a umque, regional
entertamment facilrtv
ALCOHOL OUTLET FINDI?~IGS
1 The proposed use and IocaUon are m accordance with good zoning practice, m the public
mterest, and necessazy that substannal ~ustice be done in that the alcohol hcense will be
for a restaurant m the Residential-Visitor Commercial District, which encourages
recrearional and tourist related uses.
2 The proposed use will not adversely affect the welfaze of neighborhood residents in a
sigcuficant macuier in that the use wnll be located on the Santa Momca Pier which is an
entertaznment center, a~i~ap from any ma~or residential uses
3 The proposed use ~r~ll not contribute to an undue concentrahon of alcohol outlets in the
azea m that a restaurant w7th entertainment on the Santa Momca Pier is a use that ~vill
serve residents, visrtors. and tourists as the Santa Monica Pier is a reg~onal deshnarion
point
4 The proposed use w°ill not detrimentally affect neazby neighborhoods considenng the
distance of the alcohol outlet to residential buildings, churches, schools, hospitals,
pla~~grounds, pazks; and other existing alcohol outlets m that the condinons for approval
cv~ll minimize the potential affect on the residenhal uses in the vic~niry Such conditions
tnclude that the live entertamment occur witlun the building, that an S ft. enclosure be
provided around the patio and storage area that alcohol be served in red cups. and that
a security plan be procided
5 The proposed use is compahble ~vith existing and potential uses within the general azea
m that the pro~ect is located on the Santa Monica Pier which is a Residenual-Visrtor
Commercial District, and a restaurant with an alcohol license is compatible with
permrtted uses.
6 Traffic and pazkmg congesuon w~ll not result from the proposed use in that pazking for
the use ~s available in the public parking lots in the pro~ect vicmity The Santa Monica
Pier Development Pro~ect EIR and addiiional pazkmg analysis conducted for the Fun
Zone, Smbad's, and Ash Grove Coastal pernuts mdicate that the 1,319 pazkmg spaces
provided aze adequate to accommodate the uses because of the mteraction of the uses
and the different peak demands
11
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The pubhc health, safety, and general welfaze aze protected m that the project is
consistent ~+tth the provisions of the Zomng Ordinance and the Land Use Element of the
General Plan which encouraee entertaznment, visitor and recteahon uses on the Santa
Momca P~er
I~o harm to ad~acent properties will result in that the condrtions of approval w-ill ensure
that the establishment operates m a way that mmimizes potential impacts to the
surroundm~ azea Such condit~ons mclude havmg Irve entertamment indoors, the
provision of an 8 ft. enclosure azound the paho and storage azeas, that no outside
~~~ndo~r is allo~ved for the food and be~~erage building, that a securitv plan be pro~ided
and that alcohol be served m red cups
The proposed use is consistent w~th the ob~ectives of the Generai Plan in that the Land
Use Element of the General Plan designates the azea as Oceanfront Pohcy 1.5.1 states
that the Oceanfront district is pnmazily for visitor accommodat~ons and commercial
recreauon The proposed pro~ect ~~~11 provide food and entertamment on the Pier.
REDUCED PARKING PERR4IT FINDINGS
A sufficient number of spaces aze provided to meet the greater pazkmg demand of the
participating uses in that the shared pazkuig analysis contained in thc Santa Momca Pier
De~~elopment Pro~ect EIR and additional pazking analysis conducted for the Fun Zone
concludes that the peal: period parkmg demand for the P~er uses are met w~th the 1,_ 19
spaces procided
Sahsfacton evidence has been submitted by the par[ies operating the shared pazking
facility, descnbme the nature of the uses and t~mes when the uses operate so as to
demonstrate the lack of conflict bet~i~een the uses in that a detailed analysis of the shazed
park~ng for the Pier was conducted m the Santa Momca Pier Development Pro~ect EIR
which concludes that the shared pazkmg approach is viable for the proposed uses on the
Pier
.~L,COHOL OliTLET CONDITIONS
This approval is for those plans dated July 1Q 1995, a copy of wluch shall be
maintained m the files of the Plamm~g and Zonmg Di~ is~on. Pro~ect development shall
be consistent ~~'ith such plans; except as othenvise specified in these condihons of
approval Changes to these plans to achieve consistency with these conditions, includmg
elimination of the outdoor stage and an increase in fence height should be sub~ect to
approval by the Director of Planning -
The premises shall serve food to patrons dunng all hours the establishment is open for
customers, customers shall be permitted to order food at the baz at all umes the baz or
restaurant is open for business
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3 The premises shall mamtain a kitchen or food-serving area u~ which a vaziety of food
is prepared and cooked on the prenuses
4 Seat~ng arrangements for sit-dow~n patrons shall not exceed 699 seats at any given hme
~ Take out service shall be onty mcidental to the pr~mary sit-down use
6 No alcohohc beveraee shall be sold for consumption beyond the premises
7 The primar}- use of the outdoor dmmg azea shall be for seated meals service Patrons
who aze standine m the outdoor seatmg azea shall not be served except durmg private
parties ~r-hen the general public is not admitted.
8 Hours of alcoholic beverage service shali be 6:00 a.m to 2•00 a m.. seven davs a week
9 Prior to issuance of a Certificate of Occupancy, or a busmess license, as apphcable, the
operator shall submrt a plan for approval by the Duector of Planning regazding
employee alcohol awareness trammg programs and policies. The plan shall outlme a
mandatory alcohol awazeness traming program for all employees having contact with the
public and shall state management's polic~es addressing alcohol consumphon and
inebnat~on The operator shall provide the City v/ith an annual report regazding
comphance with ttus condiuon Tkus pro~ect shall be subject to any future City-w~de
alcohol awareness uazmng program condihon affect~ng similar estabhshments
10 Prior to issuance of a Certificate of Occupancy, or a business license, as applicablc, thc
operator shall also submrt a plan descnbing the establislunent's designated driver
program, which shall be offered by the operator to the establishment's pauons The plan
shall specifv ho« the operator will inform patrons of the program, such as ofFenng on
the menu a free non-alcohohc dnnk for every party of two or more ordenng alcohohc
beveraees
11 Mmor amendments to the plans shall be sub~ect to approval by the Director of Planrung
An increase of more than l0% of the square footage or a significant chan~e ui the
approved concept shall be subject to Plannuig Commission Review Construction shall
be m substanrial conformance ~~~ith the plans submitted or as modified by the Plamm~g
Commission, Landmarks Commission, or Duector of Plansung No expansiom m ~umber
of seats. ~ntensity of operation, or outdoor azeas shall occur without pnor appro~ al from
the City of Santa Momca and State ABC.
12 If disposable cups are used for alcohol serv~ce, the alcohol shall be served m red plastic
cups Alcohol served from a~valk-up counter shall be serced in red plastic cups
13 No more than three video or other amusement games shall be permitted on the prem~ses
Acti«ties such as dart boards and pool tables aze not considered amusement eames
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14 Any mmimum purchase requirement may be satisfied by the purchase of beverages.
mcludmg non-alcoholic beverages, or food
1~ No more than SD% of total gross revenues per yeaz shall be from alcohol sales The
. operator shall mamtam records of gross revenue sources ~vhich shall be avazlable to the
City of Santa ~ionica and the State ABC upon request.
16 The pro~ect shall at all umes comply with the provisions of the No~se Ordinance (SivtMC
Chapter 4 12)
17 W'rthm thim~ (30) da~s from date of the approval of the Statement of Official Action,
the applicant shall provide a cop}- of the approved Statement of Official Action for this
pro~ect to the local office of the State Alcoholic Beverage Control department
18 This perm~t shall expire one (1) yeaz from the effectiee date of approval if the rights
granted aze not exercised withm the period established One six (6) month extension of
the one year period may be permitted if approved bq the Director of Plamm~g An
extension may not be granted if development standards relevant to the pro~ect have
changed smce projecl approval.
19 Applicant ~s on not~ce that all temporary signage is subject to the resuict~ons of the City
sign ordinance
20 Facilities wrth greater than ~0 seats aze required to mstall an interceptor w~rth 1000
gallons mirumum holdmg capacrty. The Enctronmental and Public Works lbianagement
Department may modifi~ the above requirements only for good cause Specifically, the
facilrty must demonstrate to the sahsfacuon of the Industrial Waste Sechon and Buildmg
and Safety Division tk~at mterceptor mstallarion is not feasible at the site in queshon
In such cases where modificahons are granted. grease traps will be required m the place
of an mterceptor Building Permit plans shall sho~v the required instailat~on
21 Final plans for any changes to eYter~or design. landscapmg, trash enclosares. and!or
signa~e shall be sub~ect to review and approval by the Landmazks Commiss~on.
Special Conditions
22 The applicant shall compl~~ wrth all legal requirements reeazding pro~~isions for the
disabled, mcludmg those setforth in the Califonua Admimstrative Code, Title 24. Part
2.
23 Refuse areas, storage areas, and mechanical eqtupment shall be screened in accordance
«~[h Sections 9 04 10 02 130, 9 04.10.02 140, and 9 04 10 02150 (SIviMC). Refuse azeas
shall be of a size adequate [o meet on-srte need
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= 24 The operation shall at all hmes be conducted in a manner not deuimental to surrounding
properties or residents by reason of lights. noise, activrties, or other actions
25 The permanent outdoor stage and dtessing/stora2e area is not approved as part of this
pro~ect No outdoor stage, outdoor performances, or outdoor live entertamment shall be
permitted except for speciat ecents for «~hich a Temporarv lise Permrt is obtamed
26 The outdoor pauo musi be adequately secured to prolvbit contact ~a~th non-patrons. and
door secunt}~ must be procided at all times dunng hours ~vhen alcohol~c beverages are
beine sereed
27 The patio and outside storage enclosure shall be a mmimum of 8 ft m height Only
the lo«~er 42 mch portion of the patio enclosure mat~ be opaque, the upper pordon must
be transpazent Plans for the enclosures shall be revie~~~ed and approved by~ the
Landmazks Commission,
28 ~Io alcohohc beverages shall be consumed on any property ad~acent to the hcensed
premises under the control of the licensee
29 There shall be no ektenor adverhsing of any kind or t}'pe, including acivertising directed
to the extenor from ciithm, promoring or mdicatmg the avaIlabilit~- of alcohohc
beverages
30 The food and beveraee buildmg servmg the outdoor area shall provide sen~ice only to
patrons m the enclosed patio area No wmdow for take out is allo«~ed on the eastern
side of the build~ng facing the Arcade
31 Servers ~iall be provided m the outside area on Fnday. Sahirday and if there is li~-e
entertamment approved via a Temporary Use Permit dunng the penod from \•femonal
Dav to Labor Dav
32 The area ~~1thm 8 fr of the entrance on the north side adjacent to the food and be~~erage
buildmg shall not be used for searing A railmg, planter or other type of azchitectural
or landscape feature shall be used to define the 8 fr azea that is to remam cleaz
33 A kitchen or service area with a connection to the first floor kitchen shall be pro~~ded
on the second floor
34 If any portion of the floor space other than the banquet rooms is leased out. the Police
Department shall be nohfied and a se-~urity plan shall be submitted to the Pohce
Department for rev~ew and approval pnor to the event. Secuntr as required bg the
Pohce Department for the event shall be provided bv the operator
35 Pnor to issuance of a Certificate of Occupancy; or a business license. as applicable. a
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secunty plan shall be submitted to the Chief of Pohce for review and approval The plan
shall address both phys~cal and operahonal secunty issues The plan shall address
general secunty and special security to be used durmg events that have li~~e
entertamment The secunty plan for live entertamment shall mcorporate the use of
secunty euazds provided at the operator's expense At a mmimum, the secunn• guards
shall be 3tate licensed and shall weaz umforms and name tags
36 The operator shall provide a sound system for use by performers Unless othenz~ise
appro~~ed by the Directoi of Planning no sound s}stem shall be brought to the facihtg
by performers The proposed sound system shall be designed to mimm~ze noise impacts
from the pro~ect and shall be reviewed and approved by the Director of Plannmg and the
Pohce Department pnor to Certificate of Occupancy
Prepazed b~- Luci Hise. Assistant Planner
Kenyon ~~'ebster, Planmng Vlanaeer
Attachments
A Municipai Code and General Plan Conformance
B Nonce of Pubhc Heazmg
C. Radms and Locauon Map
D Photographs of Site and Surroundmg Properties
E. Staff report to Plamm~g Commission dated August 19, 1992
F Definihons of Nightclub and Restaurant
G. Memorandum from Pohce Department dated August 30, 1995
H Conespondence
I Fun Zone Site Plan
J Plot Plan_ Floor Plans and Elevations
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ATTACHNIENT A
Mti~~ICIPAL CODE AND GENERAI. PLAN CONFOR'vtANCE
Land Use
Cateeorv Elemen[ Mumcipal Code Pro~ect
Permrtted Use Restaurant w' Eating and drmkmg Restaurant & entertamment
entertainment establishment w/ w/ Type 47 alcohol hcense
alcohol sales w/CUP
Height of Buildmg N/A 40 ft 39 5 ft.
Number of Stones N%~ 3 3
Parlang Reduced pazking permit
requested for shared pazk~ng
Trash Area N!A Trash enclosure Wili comply
w~th minimum 5-8~
solid ci~alls and
gate is reqmred.
Mechanical Equip N!A Mechanical equ~p- Will comply
Screenmg ment e~ttending more
than 12" above roof
pazapet shall be
fully screened from
a horizontal plane
Location of Nir1 Not permitted on Will comply
Mechanical Equipment side of bmlding if
adjacent to a
residential buildmg
on an adjoinmg lot.
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ATTACHMENT B
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OFFICIAL NOTICE OF PUBLIC HEARING
Sub~ect of Heanng Conditional Use Permit 94-024 and Reduced Parkuig Permit 94-006
370 Santa Monica Pier, RVC with Beach Overlay
Applicant Russell Barnard/Pier Restorahon Corporahon
A Public Heanng will be held by the Plamung Commission on the following request
Apphcanon for a Condiuonal [Tse Permit and Reduced Pazku~g Pemut to modify Conduional Use
Permit 92-028 and Reduced Parkme Permit 92-003 to 1) permit the redesign of the previously
approved 699 seat restaurant/mghtclub with a Type-47 alcohol license and 2) extend the tune
limit of the permit approval (Planner Luci Hise)
TL~iE: WEDNESDAY, SEPTEMBER 6, 1995 AT 7:00 P.b4.
LOCATION: COU~iCIL CHAi41BER, ROOM 213, CTTY HALL
16851~tAIN STREET
Sr1NTA =1iO1VICA, CALIFORIYIA
THE CITY OF SANTA MONICA ENCOLIRAGES PUBLIC COMMENTS INTERESTED
PERSONS MAY COMMENT AT THE HEARING, OR BY WRITING A LETTER.
Let[ers should be addressed to
Plamm~g Divis~on, Room 212
1685 Main Street
Santa Momca. California 90401
Attn Luci Hise, Assistant Planner
Additianal information may be obtained from the Planning and Zoning Division. Tu
request re~•iew of a project file and/or for more information. please call (310) 458-8341.
The meeting facility is accessible If you need any disabiliry-related accommodations please
contact staff at (31o) 458-8701
Pursuant to Cahforma Government Code Section 65009(b), if this matter is subsequently
challenged ~n Court, the challenge may be lunrted to only those issues raised at the Public
Hearmg described m this nonce, or m written correspondence delivered to the City of Santa
Momca at, or prior to, the Public Hearing ~
Esto es una noucta de una audenc~a publica para revisar applicaciones proponiendo desarrollo
en Santa Momca Si deseas mas mformac~on, favor de Ilamar a Linnea Hemandez en la
Division de Planhficacion al numero (310) 458-8341
°~? 058
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ATTACHN~.~iVT C
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LECiAL DESCRIPTION CASE NO
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APPIICANT~~ M~ICq PIER RE~T~RAnoN PRQSECT~RIN~ 5,;1'~5
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A1135 Map
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ATTACHME~T'I' D
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PROJECT SITE - 370 Santa Monica Pier
NORTH ELEVATION - Existing on site - American Grill Restaurant
~~ 062
_.,.._~ .~.,,.e:.~~:~.-~ :, .
~ ~
PROJECT SITE - 370 Santa Monica Pier
SOUTH ELEVATION - Ad~acent Property - Pier Parking
Existing on site - Storage Buildings
~• 063
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PROJECT SITE - 370 Santa Monica Pier
NORTH ELEVATION - Ad~acent Property on east - Playland Arcade
{
NORTH ELEVATION - Ad~acent Property - Open Pier ~^- 0 6 4
Existing on site - Jack's Restaurant
~ ,
PROJECT SITE - 370 Santa Monica Pier
WEST ELEVATION - Ad~acent Property - Open Pier
Existing on site - American Grill & Storage Building
065
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ATTACHM£NT E
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