SR-8-C (90)
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CITY PLANNING DIVISION
Land Use and Transportation Hanaqement Department
MEMORANDUM
DATE: January 30, 1991
TO: The Honorable Planning Commission
FROM: Plannlng Staff
SUBJECT: Conditional Use Permit 90-099
Address:
Appllcant:
309 Santa Monica Boulevard
Robert O. Resnick
Jeffery M. Alexander
Su""MM..~Y
Actlon: Application for a Conditional Use Permit to allow the
operatlon of a 393 seat entertalnment facility and restaurant
W.l th a Type-47 alcohol l.lcense. The proposal meets all ap-
plicable development standards.
Recommendation: Approval wLth conditions
Perm.lt streamlining Explration Date: June 21, 1991
SITE LOCATION AND DESCRIPTION
The subject property lS a 7,500 square foot parcel located on the
northeast corner of Santa Monica Boulevard and Third Street Prom-
enade having a frontage of 50' on Third Street Promenade and 150'
on Santa Monica Boulevard. The project would be located in the
basement of the Bayside Arts Building. Existing uses 1n the
bUllding include King George V Restaurant/Pub and Key West Res-
taurant. surrounding uses consist of Teaser's Restaurant in the
adJacent space to the north (C3C), the Santa Monica Jewelry Mart
across Santa Monica Boulevard to the south (C2C), Tony Roma's/The
Improv on the adjacent lot to the east (C3C), and the future site
of the Golden Monkey Restaurant across Third Street Promenade to
the west (C3C). Also nearby is the Yankee Doodle Billlard Club
(Under construction).
Zon.lng District: C3C
Land Use District: Downtown Core
Parcel Area: 50' X 150' = 7,500 square feet
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PROJECT DESCRIPTION
Proposed is the construction and operation of a 6,142 square foot
restaurant/entertainment facility in the basement of the existing
Bayside Arts Building. Approval of a Conditional Use Permit is
required to allow the sale of alcoholic beverages for on-site
consumption and to permit the operation of an indoor entertain-
ment facility. The establishment would feature live jazz, blues
and folk music in an "amphitheater" style seating arrangement
with a full service restaurant serving lunch and dinner. Parking
would be provided in the City parking structures.
MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE
The proposed project is consistent with the Municipal Code and in
conformity with the General Plan.
CEQA STATUS
The project is categorically exempt from the provls10ns of CEQA,
pursuant to Class 1(1) of the City of Santa Monica Guidelines for
the Implementation of CEQA.
FEES
The 6,142 square foot project is subject to the Third Street Mall
Annual Assessment fee of $ . 92 per square foot for a total of
$5,650.64, and a parking levy of $1.50 per square foot for a to-
tal of $9,213.00.
The proJect is exempt from the Housing and Parks Project Mitiga-
tion fee established by Ordinance No. 1367 (CCS), based on the
fact that the project will not result in the new construction of
15,000 net rentable square feet or the addition to an existing
project of 10,000 net rentable square feet or more of office
area.
ANALYSIS
Background
In August of 1990, the operator of the King George V Restaurant,
currently located in the ground floor of the Bayside Arts Build-
ing, submitted an application for a Conditional Use Permit to
permit the expansion of the King George V Restaurant into the
basement area of the Bayside Arts Building. At that time, staff
met with the Santa Monica Police and was informed that the Vice
Division had serious concern about the proposed expansion of the
existing Pub. After discussion with staff and the Vice Division,
the applicant requested that the item be continued in order to
allow an opportunity to address the problems associated with the
proposed expansion and in December of 1990, the operator of the
King George V Restaurant withdrew his application.
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On December 21, 1990, the owner of the Bayside Arts building,
Robert Resnick, submitted a new application for a restaurant/
entertainment fac1lity to be operated in the basement of the
bUllding. The proposed operation would be a completely seperate
facility and would not be affiliated with the King George V Res-
taurant. Before submitting the new application, the applicant
met wlth Plannlng staff and representatives from the Bays1de Dis-
trlct Corporatlon, Economic Development Division and the Police
Department. Comments received from the various representatives
have been lncorporated into the appllcant's final submittal. The
santa Monica Police Department has agreed to support the project
subject to a list of conditions designed to alleviate potential
problems that may be associated with the proposed use. Santa
Monlca Police Chief James Keane outlined these conditions in a
letter to the Alcohol Beverage Control (Attachment D), and these
suggestions have been included as conditions of approval (Condl-
tions 24-26).
proJect Design
The proposed application would involve the conversion of the
basement area of the Bayside Arts Building to a amphitheater/
restaurant. Accord1ng to the applicant, the facility would fea-
ture broadcast quality, live jazz. blues, and folk music in a
simi-circular seating arrangement on multi-tiered floors with an
elevated stage. A dance area would be provided on the lower
level, adjacent to the stage. The facility would also include a
full service restaurant providing sit down dinner and lunch ser-
vice. A total of 393 seats would be provided.
The main entrance to the facility would be through a seperate
ground level storefront adjacent to the King George V Restaurant.
Handicap access would be provided Vla an elevator located in the
building lobby. The layout of the establishment would consist of
a 130 square foot stage at the west end of the space with seating
for 393 people directed toward the stage. A bar would be located
at the east end of the public area, opposite the stage. A full
service kitchen, storage area, bathrooms and lobby area would be
located in the remainder of the basement space, toward the east
end of the building.
parking
The Zoning Ordinance parking requirements for the facility would
be 82 parking spaces. However, the proJect would be located in
the Downtown Parklng Assessment District and is not required to
provlde parking. According to preliminary data collected by Kaku
Associates for the downtown parking study, structure #3, which is
the structure located in the same block as the project, is
operating at a weekday peak of 74% occupancy between 2 P.M. and 3
P.M., resulting in a surplus 96 spaces, and a weekend peak of 92%
occupancy between 8 P.M. and 9 P.M., resulting in a surplus of 30
parking spaces. The parking study also concluded that while cer-
tain structures may be near capacity during peak periods, peak
period utilization for the entire district, including all six
structures, is only 63%, which results in a 37% availability rate
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and a surplus of 1,130 parking spaces. Based on the surplus of
available parking in the district, and the fact that a portion of
the establishments patrons would walk to the facility from sur-
rounding parkl.ng lots and entertainment uses, the proposed use
would is not expected to result in a shortage of parking in the
district.
Project Relation to Downtown Development Plans
The project would be located in Zone 2 of the Third street Mall
Specific Plan. A Conditional Use Permit is required for the sale
of alcoholic beverages and entertainment facilities. Third
Street Mall specific Plan pOlicy 4.1.11 encourages the introduc-
tion of uses which would attract nighttime use to the mall, such
as movie theatres, cultural performance halls, restaurants, and
entertainment facilities.
While there has been a concern expressed by the Planning Commis-
sion and others regarding the nnmher of alcohol outlets on the
Third Street Promenade and the concentration of restaurants and
entertainment uses in the area of the project, the proposed use
would offer a unique type of entertainment service that is not
currently provided within the Bayside District. The stated in-
tent of the proposed live music venue is to attract a mature and
culturally diverse crowd to the Promenade. The use would be lo-
cated in the basement of an existing building, a space that is
not suitable for other types of uses such as retail or office.
With the recommended conditions of approval from Planning staff
and the Police Department, the proposed use would complement the
mix of uses existing and planned in the Bayside District.
within a 500' radius of the site, there are seven on-sale general
alcohol licenses and four on-sale beer and wine license. These
include the following:
Type-47 (On-Sale General Alcohol License)
Golden Monkey - 1360 3rd street Promenade (Under Construction)
Yankee Doodles - 1410 3rd street Promenade (Under Construction)
Improv/Tony Roma's - 319 Santa Monica Boulevard
Legends - 1301 3rd street Promenade (Under Construction)
Teaser's - 1351 3rd Street Promenade
King George V - 301 Santa Monica Boulevard
Shekarchi's Restaurant - 304 Santa Monica Boulevard
Type-42 (On-Sale Beer and Wine License)
Fama - 1416 4th street
Taka Sushi - 1345 2nd street
Key West - 303 Santa Monica Boulevard
Pescato's - 316 santa Monica Boulevard
According to the 1980 Census, there is a residential population
of 46 people within a 500' radius of the site.
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Conclusion
-rhe proposed restaurant and live music venue complies with the
provisions of the zoning ordinance and the Third street Mall
Specific Plan. Adequate parking for the use is available in the
City parking structures. With the recommended conditions of ap-
proval from staff and the Police Department, the use would be
compatible with existing uses within the Bayside District.
RECOMMENDATION
It is recommended that the Planning commission approve Condition-
al Use Permit 90-099 subject to 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 ncity of Santa Monica Comprehensive Land
Use and Zoning Ordinance", in that the use is one which is
conditionally permitted in the C3C district, and is en-
couraged by the Third street Mall Specific Plan. The es-
tablishment of an entertainment use and the ancillary sale
of alcohol will allow greater daytime and nighttime use
of the site and will contribute to the economic
revitalization of the downtown area as discussed in the
Third street Mall Specific Plan policies.
2. The proposed use would not impair the integrity and
character of the district in which it is to be established
or located, in that the Third street Mall Specific Plan
encourages restaurant and entertainment uses. The alcohol
service will be ancillary to the restaurant and entertain-
ment function of the establishment. Provided the alcohol
use does not become primary in nature or the bar area does
not function as a stand alone bar, the use should not im-
pair the surrounding district.
3. The subject parcel is physically suitable for the type of
land use being proposed, in that Third Street Mall
Specific Plan Policy sections encourage restaurant and
entertainment activities along the Promenade.
4. The proposed use is compatible with any of the land uses
presently on the subject parcel if the present land uses
are to remain, in that the project would be located in a
building containing a mix of retail, restaurant and office
uses.
5. The proposed use would be compatible with existing and
permissible land uses within the district and the general
area in which the proposed use is to be located, in that
the zoning of the site conditionally allows the proposed
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use and the Third Street Mall Specific Plan encourages
dining and entertainment uses in this area.
6. There are adequate provisions for water, sanitation, and
public utilities and services to ensure that the proposed
use would not be detrimental to public health and safety,
in that the site is located in an urbanlzed area adequate-
ly served by existing infrastructure.
7. Public access to the proposed use will be adequate, in
that parking would be provided in the City parking
structures.
8. The physical location or placement of the use on the site
is compatible with and relates harmoniously to the sur-
rounding neighborhood, in that the proposed use is com-
patible with existing uses in the area.
9. The proposed use is consistent with the goals, objectives,
and pollcies of the General Plan, in that the Land Use
Element of the General Plan promote restaurant and enter-
tainment uses on the Third street Promenade.
10. The proposed use would not be detrimental to the public
interest, health, safety, convenience, or general welfare,
in that the proposed use is consistent with the Zoning
Ordinance, the Third Stree.t Mall specific Plan and the
Land Use Element of the General Plan.
11. The proposed use conforms precisely to the applicable per-
formance standards contained in Subchapter 6, section 9050
and special conditions outlined in Subchapter 7, section
9055 of the City of Santa Monica Comprehensive Land Use
and Zoning Ordinance, in that no performance standard per-
mit is required.
12. The proposed use will not result in an overconcentration
of such uses in the immediate vicinity, in that the pro-
posed operation would offer a unique type of service not
currently provided on the Third Street Promenade or in the
general area.
ALCOHOL OUTLET FINDINGS
1. The proposed use and location are in accordance with good
zoning practice, in the public interest, and necessary
that substantial justice be done in that the use is one
which is conditionally permitted in the C3C District, and
is encouraged by the Third Street Hall specific Plan.
2. The proposed use is compatible with existing and potential
uses within the general area; traffic or parking
congestions will not result; the public health, safety,
and general welfare are protected; and no harm to
adjacent properties will result in that the restaurant and
entertainment would be compatible with existing retail,
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restaurant, office and entertainment uses and parking will
be provided in the City parking structures.
3.
The welfare of neighborhood residents
adversely affected in that the proposed
located away from major residential areas.
will not be
use would be
4. The granting of the license will not contribute to an
undue concentration of alcohol outlets in the area in that
the proposed operation would offer a unique type of
restaurant and entertainment service and would provide an
entertainment type currently lacking in the Downtown area.
5. There will be no detrimental affect on nearby
residentially zoned neighborhoods considering the distance
of the alcohol outlet to residential buildings, churches,
schools, hospitals, playgrounds, parks, and other existing
alcohol outlets in that the site is not located near
residential neighborhoods.
ALCOHOL OUTLET CONDITIONS
1. The owner shall prohibit loitering outside the entrance
and shall control noisy patrons leaving the facility.
2. The primary use of the premises shall be for entertainment
and sit-down meal service to patrons.
3. The premises shall maintain a kitchen or fOOd-serving area
in which a variety of food is prepared and cooked on the
premises.
4. The premises shall serve food to patrons during all hours
the establishment is open for customers.
5. Seating arrangements for sit-down patrons shall not exceed
393 seats.
6. Take out service shall be only incidental to the primary
sit-down use.
7. No alcoholic beverage shall be sold for consumption beyond
the premises.
8. Permitted hours shall be 6 a.m. to 1:00 a.m.
Sunday-Thursday, and 6 a.m. to 2:00 a.m. Friday and
Saturday. No "after hours" operations shall be permitted.
No alcohol service to any outdoor seating area adjacent to
a public street or sidewalk shall be permitted.
9. 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.
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10. 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.
11. Prior to issuance of a certificate of Occupancy, or a
business license, as applicable, the operator shall
submi t a plan for approval by the Director of Planning
regarding employee alcohol awareness training programs and
policies. The plan shall outline a mandatory alcohol
awareness training program for all employees having
contact with the public and shall state management's
pOlicies addressing alcohol consumption and inebriation.
12. Final plans for any changes to exterior design,
landscap1.ng, trash enclosures, and/or signage shall be
subject to review and approval by the Architectural Review
Board.
13. Minor amendments to the plans shall be subject to approval
by the Director of Plann1.ng. An increase of more than 10%
of the square footage or a significant change in the
approved concept shall be subject to Planning commission
Review. Construction shall be in substantial conformance
wi th the plans submi tted or as modified by the Planning
commission, Architectural Review Board, or Director of
Planning.
14. The applicant shall comply with all legal requirements
regarding prov1.s1.ons for the disabled, including those set
forth in the California Administrative Code, Title 24,
Part 2.
15. Refuse areas, storage areas, and mechanical equipment
shall be screened in accordance with Sec. 9127J.2-4
(SMMC). Refuse areas shall be of a size adequate to meet
on-site need.
16. The operation shall at all times be conducted in a manner
not detrimental to surrounding properties or residents by
reason of lights, noise, activities, parking, or other
actions.
17. No noise generating compressors or other such equipment
shall be placed adjacent to neighboring residential
buildings.
18. Alcohol shall not be served in any disposable container
such as disposable plastic or paper cups.
19. No video or other amusement games shall be permitted on
the premises.
20.
Within thirty
approved) the
(30) days from
applicant shall
date of
provide a
approval
copy of
(if
the
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statement of Official Action for this approval to the
local office of the state Alcoholic Beverage Control
department.
21. This permit shall expire one year from the effective date
of approval unless required ABC permits are obtained. One
three-month extension of the one-year period may be
permitted if approved by the Director of planning.
Spec1al Condition
22. Security shall be provided by the applicant during all
hours of operation to the satisfaction of the Santa Monica
Police Department.
23. No minors shall be pend tted in the establishment after
10:00 P.M. unless accompanied by an adult.
24. The establishment's monthly alcohol sales shall not exceed
40% of total monthly revenues. All records must be
available and current for viewing by enforcement agencies.
Prepared by: David Martin, Associate Planner
Attachments:
A. Radius and Location Map
B. 500' Radius Map of Alcohol Outlets
C. Letter to Alcohol Beverage Control from Santa Monica Chief
of Police James F. Keane dated 12/21/90.
D. Letter from applicant dated 12/21/90.
E. Plot Plan, Floor Plans and Elevations
DM
PC/CUP90099
01/23/91
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SANTA
NIONI:CA
Department of Pollee
James F Keane
Chief of Police
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1685 Mam Street
PO Box 2200
Santa MOnica CA 90406-2200
(213) 394-5411
December 21, 1990
Mr. Gilson Grey
Department of Alcoholic Beverage Control
One Manches~er Boulevard
Inglewood, Cal~forn~a 90306
Dear Mr. Grey:
We have met with Mr. Robert Resnick regarding the proposed
establishment a~ 309 Santa Monica Bouleva=d. ~he following
conditions have been agreed upon:
The hours of 1000 until 0200 on Friday through Sunday.
Security shall be provided by the establishment during hours
of operation. Food service shall be available during
operational hours. No minors will be permitted after 2200
hours unless accompanied by an adult. The maximum monthly
revenues shall not exceed forty percent of alcohol sales, and
all records must be available and current for viewing by
enforcement agencies. No alcohol shall be sold for
consumption beyond t~e premises, and take out food service
will only be inc~dental to the primary sit down use.
If you have any questions regarding these conditions,
please feel free to contact Captain Roy MCGinnis at
(213) 458-8454
Sincerely,
f~.
~
F. KEANE
of police
JFK:RM:mcf
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