SR-032696-6M
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MAR 2 6 1998
PCD:SF DKW.AS.f.\plan\share\councll\stoas\cup024a
Council Mtg: March 26, 1996 Santa Monlca, Callfornla
TO: Mayor and City Councll
FROM: Clty Staff
SUBJECT: Certlflcatlon of Statement of Officlal Action for Appeal
of Plannlng CommlSSlon Approval of Condltional Use Permlt
94-024 and Reduced Parking Permlt 94-006 to Permit a 699
Seat Restaurant and Entertainment Establishment Located
at 370 Santa Monlca Pler.
INTRODUCTION
This report transmits for Clty Council certlflcation the Statement
of Offlclal Action for Condltional Use Permit 94-024 and Reduced
Parklng Perm~t 94-006 for a 699 seat restaurant and entertainment
establishment with a Type 47 alcohol llcense located at 370 Santa
Monlca Pier,
On February 27, 1996 the Councll approved the proJect based on the
flndlngs and conditions contained in the attached Statement of
Officlal Actlon.
BUDGET/FINk~CIAL IMPACT
The recomrnendatlon presented in this report has no budget or
flnancial impact.
RECOMMENDATION
It is respectfully recommended that the City Council approve t~e
attached Statement of Offlclal Action.
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MAR 2 6 1996
6 M
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Prepared by
Suzanne Frlck, Director
D. Kenyon Webster, Planning Manager
Amanda Schachter, Senior Planner
Plannlng and Zonlng Dlvlsion
Plannlng and Communlty Development Department
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CITY OF SANTA l\:IONICA
CITY COUNCIL
STATEMENT OF OFFICIAL
ACTION
PROJECT
NUMBER'
LOCATION
APPLICANT
Condmonal Use Permlt 94-024
Reduced Parkmg Pemut 94-006
370 Santa MOllica PIer
Russell Barnard/CIty of Santa Monica PIer Restoratlon
CorporatIOn
CASE PLANNER Amanda Schachter, Senior Planner
CEQA STATUS
REQUEST
CategorIcally exempt pursuant to Class 1 of the State CEQA
Gmdelmes m that thIS IS a modIficatIOn of a preVIOusly
approved project. The parking and traffIC Impacts from the
redevelopment of the 5mbad's SIte were analyzed in the
Santa MonlCa PIer Development Project EIR
ModIficatIon of CondItional Use PermIt 92-028 and
Reduced Parkmg PermIt 92-003 to 1) extend the tnne hmlt
of the approval and 2) permIt the redesIgn of the preVIOusly
approved 699 seat restaurant and entertaInment
establIshment with a Type 47 (On-Sale General for Pubhc
Eatmg Place) alcohol hcense
3
CITY COUNCIL ACTION
2-27-96 Date
X Approved based on the followmg fmdIngs and subject to the COndItIOns below
Demed
Other.
EFFECTIVE DATE(S) OF ACTION(S):
2-27-96 Condmonal Use Permn 94-024
2-27-96 Reduced ParkIng Perrmt 94-006
EXPIRATIOX DATE(S) OF ANY PERl\HTS GRANTED:
2-27-97 Condlltonal Use PermIt 94-024
2-27-97 Reduced Parkmg PermIt 94-006
EXTENSIONS
6 Months
CondItIonal Use PermIt 94-024
6 Months
Reduced Parkmg PermIt 94-006
Any request for an extensIOn of the expIranon date must be receIved 10 the Planmng and Zomng
DIvIsion pnor to explranon of thIS permlt
CONDITIONAL USE PERMIT FINDINGS
1 The proposed use IS one condItIonally permItted wIthm the subject dIstnct and
complIes wIth all of the applIcable prOVISIons of the "Clty of Santa Momca
ComprehensIve Land Use and Zomng Ord1Oance", In that this apphcatlon IS an
extensIOn and reVlSlon to a prevIOusly approved CUP and RPP Restaurants and
entertamment faCIlItIes are permItted uses WIth10 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 Imparr the integnty and character of the dIStrIct m wInch
11 IS to be establIshed or located, III that the a1cohollicense WIll be used m conjUnctIOn
4
WIth the restaurant and entertamment facIlIty Condltlons concemmg the operatIon
of the facIlIty have been mcluded to preserve the Integnty and character of the dlstnct,
mcludmg that amphfIed emertamment occur only 1Odoors and that, If reqUIred by the
DIrector of Planmng, the applIcant shall submIt a report prepared by an acoustIcal
expert IdentIfymg mmganon measures to resolve any NOIse Ordmance vIOlatIOns
3 The subject parcel IS phYSically sUItable for the type of land use bemg proposed, m
that eatmg and dnnkIng establIshments and entertamment facllltIes are enVISIOned to
be located on the Santa Moruca PIer
4 The proposed use IS compatIble With any of the land uses presently on the subject
parcel If the present land uses are to remam, In that the restaurant and entertainment
use wIll be compatible WIth other uses on the PIer, whIch 10clude such VISItor serv10g
faClhtIes as shops. restaurants, entertamment uses. servIces. and the Fun Zone
5 The proposed use would be compatIble WIth eXlstmg and permISSIble land uses wlthm
the dlstnct and the general area 10 WhICh the proposed use IS to be located, m that the
project WIll be located m the ResldentIaI-VlSltor CommerCial DIstnct WhICh allows
restaurant and entertaInment faclhtIes and condmonally permits alcohol outlets, and
that the condItIOns of approval such as requmng all amplIfIed entertaInment and
dancmg to occur mdoors. protect the surroundmg reSIdentIal neIghborhood from any
potentIal nOIse Impacts
6 There are adequate provlSlons for water, SanItatIOn, and pubhc utIhtIes and servIces
to ensure that the proposed use would not be detrImental to publIc health and safety,
in that the SIte IS located m an urbaruzed area, adequately served by exlSt10g
mfrastrucmre.
7 PublIc access to the proposed use will be adequate. In that the eXlstmg access IS
adequate to serve the development
8 The phYSIcal location or placement of the use on the SIte IS compatIble WIth and
relates harmOnIously to the surround1Og neIghborhood, m that It IS enVISIoned that uses
on the PIer such as the proposed restaurant/entertaInment estabhshment WIll be of the
type that attract people to thiS regIOnal faCIlIty and that, as requrred by thIS approval,
the entertainment area WIll be mdoors, thereby reducing the potential for crowd
control problems wIthm the faCIlIty and on the PIer and mmlmlZIng the potentIal noise
nnpacts on the surroundmg neIghborhood
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 Dlstnct, WhICh encourages
VISItor-serVIce estabhshments ObjectIve 1.5 proVIdes for an expanSIOn of VISItor
accommodatIons and related uses m the Oceanfront area, whIle protectIng the eXIstmg
reSIdentIal mIX PolIcy 1 5 1 states that the Oceanfront area IS to be used pnmanly
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for VISitor accommodations and commercIal recreatIon. The proposed project IS a
food and entertamment facIlIty on the PIer whIch meets the obJectlves of the Land Use
Element as commercIal recreatlon facIlIty that w1l1 serve both local and regIOnal
needs
10 The proposed use would not be detrImental to the publIc 1Oterest, health. safety.
convemence, or general welfare. III that the use IS conSIstent WIth the Zomng
Ordmance and the Land Use Element of the General Plan and the condmons of
approval. such as reqUIrIng all amplifIed entertaInment to occur mdoors and requlflng
upon request of the Planmng DIrector that the applIcant submit a report prepared by
an acoustIcal expert Idennfymg mmgatlOn measures to resolve any NOIse Ord1Oance
VIOlatIOns. alleVIates any potential adverse lffipacts to the commuruty
11 The proposed use conforms preCIsely to the applIcable performance standards
conta1Oed 10 Subchapter 9 04 12 and speCIal condItIons outl1Oed In Subchapter 9 04 14
of the Cny of Santa Maruca ComprehensIve Land Use and Zomng Ordinance, 10 that
no performance standard permIt IS reqUIred
12 The proposed use WIll not result 10 an overconcentratlon of such uses In the nnmedlate
vlclmty. m that the SIte IS located on the Santa Momca PIer whtch IS a umque.
regIOnal entertamment faCIlIty
ALCOHOL OUTLET FINDINGS
1 The proposed use and locatIOn are In accordance WIth good zonIng practice, 10 the
pubhc Interest, and necessary that substannal JustIce be done III that the alcohol lIcense
WIll be for a restaurant In the Resldennal- VlSltor CommercIal DIStrICt, where
recreatIOnal and tourISt related uses are encouraged
2 The proposed use WIll not adversely affect the welfare of neIghborhood reSIdents ill
a sigmfIcant maIll1er In that the use w1l1 be located on the Santa MOnIca PIer WhIch
IS an entertaInment center, away from any major reSIdentIal uses
3 The proposed use WIll not contnbute to an undue concentration of alcohol outlets III
the area III that a restaurant WIth entertaInment on the Santa Momca PIer IS a use that
WIll serve reSIdents. VISItors. and tounsts as the Santa MOllica PIer IS a regIOnal
dest1OatIon pOInt
4 The proposed use wIll not detrlffientally affect nearby neIghborhoods consIderIng the
dIstance of the alcohol outlet to reSIdentIal bUIldIngs, churches. schools, hospItals,
playgrounds, parks. and other eXlstmg alcohol outlets In that the condmons for
approval WIll mIlllffilze the potentIal affect on the reSIdentIal uses III the VICInIty Such
condmons Include that amplIfied entertamment occur only Indoors, that, if reqUITed
by the DIrector of Planmng, the applIcant submIt a report prepared by an acoustlcal
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expert IdentIfying miugatIon measures to resolve any NOIse Ord1Oance vIOlations, that
alcohol be served m red cups. and that a secunty plan be prOVIded
5 The proposed use IS compatIble WIth eXIstmg and potentIal uses wItlnn the general
area In that the project IS located on the Santa MOllica PIer WhIch IS located m the
ResIdentIaI-VlSltor CommerCial DIstnct, and a restaurant WIth an a1cohollIcense 15
compatIble WIth the RVC DIStrIct wmch allows uses wmch enhance the umque scale
and character of the PIer whlle provld1Og for the dIn10g and recreatlonal needs of
VISItors to the Oceanfront area
6 TraffIC and parkmg congestIOn WIll not result from the proposed use In that parkmg
for the use IS avallable III the publIc parkIng lots In the project VICInIty The Santa
Momca PIer Development Project EIR and addmonal parkmg analYSIS conducted for
the Fun Zone, 5mbad's, and Ash Grove Coastal permItS mdlcate that the 1.319
parkmg spaces prOVIded are adequate to accommodate the uses because of the
mteractlon of the uses and the dIfferent peak demands.
7 The pubhc health. safety. and general welfare are protected in that the project IS
consIstent WIth the proVISIons of the Zomng OrdInance and the Land Use Element of
the General Plan wmch encourage entertamment, VISItor and recreation uses on the
Santa Momca PIer
8 No harm to adjacent propertles WIll result in that the condItIons of approval WIll
ensure that the estabhshment operates In a way that m10imizes potential impacts to the
surroundIng area Such condmons 10clude that all entertaInment occur Indoors. that
a secunty plan be proVIded and approved by the ChIef of Pohce, that outdoor dmmg
areas be screened WIth a 6 foot mlmmum enclosure on the northsIde and an 8 foot
enclosure on the somhslde, and that alcohol be served In red cups
9 The proposed use IS conSIstent WIth the obJectlves of the General Plan m that the Land
Use Element of the General Plan deSIgnates the area as Oceanfront Pohcy 1 5 1
states that the Oceanfront dIstrict IS pnmanly for VISItor accommodatIOns and
commerCial recreatIon The proposed project will proVIde food and entertamment on
the PIer
REDUCED PARKING PERMIT FINDINGS
1 A suffICIent number of spaces are proVIded to meet the greater parkmg demand of the
partIcIpatlng uses m that the shared parkmg analysis conta1Oed m the Santa MOnIca PIer
Development Project EIR and addItIOnal parkmg analYSIS conducted for the Fun Zone
concludes that the peak penod parkmg demand for the Pier uses are met WIth re 1,319
spaces proVIded
2 SatIsfactory evidence has been submItted by the partIes operatmg the shared parkmg
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facIlIty. descnbIng 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
parkmg for the PIer was conducted m the Santa Monica PIer Development Project EIR
WhICh concludes that the shared parkmg approach is Viable for the proposed uses on the
PIer.
ALCOHOL OUTLET CONDITIONS
1. ThIS approval IS for those plans dated January 21. 1996. copIes of WhICh shall be
maIntamed m the fIles of the Planmng and Zomng DIVISIon Project development shall
be consIstent WIth such plans, except as otherwIse specifIed m these condmons of
approval Changes to these plans to acmeve consIstency WIth these conditIons shall be
subject to approval by the DIrector of Planmng
2 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 bar at all tImes the bar IS
open for bus mess
3 The premIses shall mamtam a kItchen or food-serVIng area m WhICh a vanety of food
IS prepared and cooked on the premIses
4 Seatmg arrangements for SIt -down patrons shall not exceed 699 seats at any gIven tIme
5 Take out serVIce shall be only IncIdental to the prunary SIt -down use
6 No alcohohc beverage shall be sold for consumptIon beyond the premIses
7. The pnmary use of the outdoor dmmg area shall be for seated meals serVIce Patrons
who are standmg m the outdoor seatmg area shall not be served except dunng pnvate
parties when the general publIc IS not admltted
8 Hours of alcoholIc beverage servIce shall not extend beyond 6 00 a m to 2.00 a ill .
seven days a week
9. Pnor 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 Planmng regardmg
employee alcohol awareness trammg programs and poliCIes The plan shall outlIne a
mandatory alcohol awareness trammg program for all employees havmg contact WIth
the pubhc and shall state management' s polICIes addreSSIng alcohol consumptIon and
mebnatIon The operator shall proVIde the CIty WIth an annual report regardmg
complIance WIth thIS condmon ThIS project shall be subject to any future Cay-wIde
alcohol awareness tra10mg program condItIon affectmg sunIlar estabhshments
10 Pnor to Issuance of a CemfIcate of Occupancy, or a bUSIness lIcense, as applIcable, the
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operator shall also submIt a plan descnb10g the establIshment's desIgnated dnver
program. whIch shall be offered by the operator to the establIshment's patrons The
plan shall specIfy how the operator wIll mform patrons of the program, such as offenng
on the menu a free non-alcoholIc dnnk for every party of two or more ordenng
alcoholIc beverages
11 Mmor amendments to the plans shall be subject to approval by the DIrector of Plaruung
An Increase of more than 10% of the square footage or a slgmflcant change 10 the
approved concept shall be subject to Planmng CommISSIon ReVIew Construction shall
be In substantial conformance WIth the plans submItted or as modIfied by the Planmng
CommISSion, Landmarks CommISSIOn, or DIrector of PlannIng No expanSIOn 10
number of seats. mtenslty of operatIon. or outdoor areas shall occur WIthout pnor
approval from the CIty of Santa MOllica and State ABC
12 If disposable cups are used for alcohol servIce, the alcohol shall be served m red plastIc
cups Alcohol served from a walk-up counter shall be served 10 red plastic cups.
13 No more than three VIdeo or other amusement games shall be permItted on the
premIses ActlVltIes such as dart boards and pool tables are not conSIdered amusement
games
14 Any mIlllmum purchase reqUIrement may be satIsfied by the purchase of beverages.
mclud10g non-alcohohc beverages, or food
15 No more than 50% of total gross revenues per year shall be from alcohol sales The
operator shall mamtam records of gross revenue sources WhICh shall be avallable to the
City of Santa MOnIca and the State ABC upon request
16 The project shall at all times comply WIth the proVISIOns of the NOIse Ordmance
(SMMC Chapter 4 12)
17 Withm thIrty (30) days from date of the approval of the Statement of OffICIal ActIOn,
the apphcant shall prOVIde a copy of the approved Statement of OffICIal ActIon for thIS
project to the local office of the State Alcohohc Beverage Control department
18 ThIS permIt shall expIre one year from the permIt's effective date. unless a bUlldmg
permIt has been obtamed prIor to the exprratlOn of thIS permIt 10 order to exerCIse the
nghts granted by tlus approval ThIS permIt shall also expIre If the bUlld10g permIt
expIres or If the nghts granted under thIS approval are not exercIsed wlthm one year
followmg the earlIest to occur of the followmg Issuance of a CertIfIcate of Occupancy
or. If no CertIfIcate of Occupancy IS reqUIred, the last reqUIred fmal mspecl10n for the
new constructIOn One SIX month extensIOn of the above tune penods may be permItted
If applIed for pnor to permIt expIratIOn. and If approved by the DIrector of Plannmg
ApplIcant IS on notIce that tlme extenSIOns may not be granted If development standards
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relevant to the project have become more restnctIve since project approval
19 Applicant IS on notIce that all temporary sIgnage IS subject to the restnctIons of the CIty
sIgn ordmance
20 FaCIlItIes WIth greater than 50 seats are reqUIred to Install an mterceptor WIth 1000
gallons mmImum holdmg capacIty The EnVIronmental and PublIc Works Management
Department may modIfy the above reqUlrements only for good cause SpecIfIcally. the
faCIlIty must demonstrate to the satIsfactIon of the Jndustnal Waste SectIOn and BUIld10g
and Safety DIviSIOn that 1Oterceptor mstaIlatIon IS not feasIble at the SIte 10 questIon
In such cases where modIfIcations are granted, grease traps WIll be reqUIred m the place
of an mterceptor BUIldIng PermIt plans shall show the reqUIred mstallation
21 Final plans for any changes to extenor deSIgn, landscapIng. trash enclosures. and/or
slgnage shall be subject to reVIew and approval by the Landmarks CommISSIOn
SpeCIal Condmons
22. The applIcant shall comply WIth all legal reqUIrements regardIng proviSIOns for the
dIsabled, mcludmg those setforth In the Cahfornla AdmlmstratIve Code, TItle 24. Part
2
23. Refuse areas, storage areas, and mechamcal eqUIpment shall be screened m accordance
WIth Sectlons 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-sue need.
24 The operatIOn shall at all tImes be conducted In a manner not detnmental to surroundmg
propertIes or reSIdents by reason of lIghts. nOIse, actIvltles, or other actIons
25 The outdoor patIOS must be adequately secured and door secunty must be proVIded at
all llmes dunng hours when alcoholIc beverages are beIng served
26 The patlo behmd the stage and the outSIde storage enclosure shall be screened With an
8 foot mImmum heIght enclosure All other patIO areas shall be screened WIth a 6 foot
minImum heIght enclosure Only the lower 42 Inch portIOn of all pallO 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 extenor advertlSlng of any kInd or type, includ10g advertlsmg dIrected
to the exterior from withm, promotIng or IndicatIng the avaIlabIlity of alcoholIc
beverages
10
29 If any portIon of the floor space other than the banquet rooms IS leased out, the PolIce
Department shall be nOllfied and a securIty plan shall be submItted to the PolIce
Department for reVIew and approval pnor to the event Secunty as required by the
Pohce Department for the event shall be proVIded by the operator
30 PrIor to Issuance of a CertIficate of Occupancy, or a bus10ess lIcense, as applIcable, a
secunty plan shall be submitted to the ChIef of Pollce for reVIew and approval The
plan shall address both phYSIcal and operatIOnal secunty Issues The plan shall address
general secunty and special secunty to be used durmg events that have hve
entertamment, danc1Og, amphfled mUSiC and any other aCHVItles as deemed necessary
by the ChIef of PolIce, and shall also address Ingress and egress to the establIshment
and queumg Issues. WIth operatIonal measures addressmg the varIOUS types of potential
events and performances The secunty plan shall permIt the Cluef of Pohce to reqUIre
the use of secunty guards. proVided at the operator's expense, whenever entertamment
WIth amphfIed mUSIC and/or dancmg occurs If, at the determmatlon of the ChIef of
Pohce. the secunty guards shall be state hcensed, wear umforms and name tags, and
be SItuated at each entrance VlOlatlon of the secunty plan shall also constltute VIolatIOn
of the Condmonal Use PermIt
31 The operator shall prOVIde a sound system for use by performers Unless otherWIse
approved by the DIrector of Planmng no sound system shall be brought to the faCIlIty
by performers A sound engmeer shall be proVIded by the operator for all
performances WIth amphfied mUSIC The proposed sound system shall be deSIgned to
mInImIZe nOise lffipacts from the project and shall be reviewed and approved by the
DIrector of PlannIng and the Pollce Department pnor to CertIfIcate of Occupancy
32 At the Planmng DIrector's request to address NOise Ord1Oance VIOlatIOns, the applIcant
shall submIt a report wIthm 30 days of such request, prepared by an acoustIcal expert
approved by both the CIty and the apphcant and paid for by the apphcant, ldenufymg
mlUgatlOn measures to resolve any NOIse Ordinance vlOlatlons The applIcant shall
Implement all such mItlgatlon measures as directed by the PlannIng Drrector
33 Live entertammenL dancmg. and amplIfIed mUSIC shall be permltted only wlthm the
enclosed first floor showroom or the enclosed second floor northwest dmIng room
where the stage IS located The proposed 16 foot WIde roll-up door shall be closed If
determmed necessary by the ChIef of PolIce or CIty Enforcement staff Compllance
shall occur ImmedIately upon request
34 No danCIng or amphfIed mUSIC shall be permltted at any outdoor dmmg patio or second
floor terrace area No elevated stage shall be permItted m any outdoor area Except as
speCIfIed above, the outdoor patIOS and second floor terraces shall be used for dUllng
purposes only No cocktaIl tables or bar stools WIth bar heIght tables are permItted m
these areas
11
35 FIxed tables and seatmg shall be requIred at all ground floor pallo areas and second
floor terrace areas If deterffi10ed necessary by the Chief of PolIce and the DIrector of
PlannIng
36 The penmeter of the terrace dmmg areas at the second floor shall be screened wIth a
6 foot hIgh enclosure Only the lower 42 mch portIOn of the enclosure may be opaque.
the upper portIOn must be transparent Plastlc furniture and PICruC table seatmg shall
be prohIbIted 10 the terrace dm10g area If determIned necessary by the ChIef of PolIce
and the DIrector of Planrung
VOTE
Ayes
Nays'
Abstam'
Absent.
Abdo, Holbrook, 0 'Connor, Rosenstem
Genser, Greenberg
None
Ebner
NOTICE
If tills is a fmal deCIsion not subject to further appeal under the CIty of Santa Momca
ComprehensIve Land Use and Zomng Ordmance, the time within willeh JudICIal reVIew of thIS
deCISIOn must be sought IS governed by Code of CIVIl Procedure SectIon 1094 6, WhiCh
prOVISIon has been adopted by the Cny pursuant to Mumclpal Code SectIon 1 16010
I hereby certify that this Statement of Official Action accurately reflects the final
determination of the City Council of the City of Santa Monica.
signature
date
Mana Stewart, CIty Clerk
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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
Pnnt Name and TItle
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