SR-7-B (25)
, ,
4
.
e f-s
MAR 2 6 1891
APR 2 1991
Santa Monica, California
LUTM:PB:DKW:DM
PC/CCUP9099
council Mtg: March 26, 1991
TO: Mayor and city council
FROM: City staff
SUBJECT: Appeal of a Planning commission Approval of a
Conditional Use Permit to Allow the Operation of a 393
Seat Entertainment Facility and Restaurant with a
Type-47 Alcohol License.
INTRODUCTION
This report recommends that the City Council deny the appeal and
uphold the Planning Commission approval of Conditional Use Permit
90-099 to allow the operation of a 393 seat entertainment
facility and restaurant with a Type-47 alcohol license at 309
Santa Monica Boulevard. At the Planning Commission meeting of
January 30, 1991, the Commission approved the project by a vote
of five in favor and two opposed. The Planning staff recommended
approval of the Conditional Use Permit. The appellant has filed
an appeal of the Planning Commission action.
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
permi t the expansion of the King George V Restaurant into the
basement area of the Bayside Arts Building.
At that time, staff
- 1 -
Ml; ~91
APR 2 1991
.
.
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.
On December 21, 1990, the owner of the Bayside Arts building,
Robert Resnick, submitted a new application for a restaurant/
entertainment facility to be operated in the basement of the
building. The proposed operation would be a seperate facility
and would not be affiliated with the King George V Restaurant.
Before submitting the new application, the applicant met with
Planning staff and representatives from the Bayside District Cor-
poration, Economic Development Division and the Police Depart-
ment. Comments received from the various representatives were
incorporated into the applicant's final submittal. The Santa
Monica Police Department 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 Monica
Police Chief James Keane outlined these conditions in a letter to
the Alcohol Beverage Control (Attachment C), and these conditions
were included as conditions of approval (Conditions 24-26).
At the Planning commission meeting of January 30, 1991, the Com-
mission approved the proposed Conditional Use Permit by a vote of
five to two. The two Commissioners who voted against the project
- 2 -
.
.
expressed concern about the potential overconcentration of al-
cohol outlets on the Third street Promenade and in the downtown
area.
On February 13, 1991, Merritt Coleman of the Santa Monica Neigh-
borhood Coalition filed an appeal of the Planning Commission ap-
proval. As stated in the attached appeal form (Attachment A),
the appellant's concerns include an overconcentration of alcohol
outlets within the downtown area, inadequate parking in the
vicinity and unsafe emergency exits from the proposed
establishment.
ANALYSIS
The proposed application would involve the conversion of the
basement area of the Bayside Arts Building to a amphitheater/
restaurant. According to the applicant, the facility would fea-
ture broadcast qual i ty , live j a z z , blues, and folk mus ic 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 lunch and dinner 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 via an elevator located in the
building lobby. The Building and Safety Division and Fire De-
partment have reviewed and approved the layout of the proposed
facili ty for handicap and emergency access. The layout of the
- 3 -
.
.
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 site is located in
the Downtown Parking Assessment District and is not required to
provide 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'J resulting in 96 available spaces, and a weekend peak of 92%
occupancy between 8 P. M. and 9 P. M., resulting in 30 available
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
(1,130 parking spaces).
Of the approximately 3500 parking spaces in all six structures,
1100 spaces have been reserved as permit spaces. At the City
Council meeting of February 19, 1991, the Council approved
several modifications to the Citywide parking policies. Among
these modifications is a plan to convert all permit parking
- 4 -
.
.
spaces in the downtown parking structures to metered spaces.
This will result in the conversion of approximately 1100 permit
spaces to metered spaces. Based on the available parking in the
district and the fact that a portion of the establishments
patrons would walk to the facility from surrounding parking lots
and entertainment uses I the proposed use 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 number 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,
- 5 -
.
.
the Planning Commission 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 eleven on-sale
general alcohol licenses, six on-sale beer and wine licenses and
two on-sale general for public premises licenses. 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)
The Improv - 321 Santa Monica
Tony Roma's - 319 Santa Monica Boulevard
Legends - 1301 3rd Street Promenade
Teaser's - 1351 3rd street Promenade
King George V - 301 Santa Monica Boulevard
Shekarchi's Restaurant - 304 Santa Monica Boulevard
Key West - 303 Santa Monica Boulevard
pescato's - 316 Santa Monica Boulevard
Harvelles's - 1432 4th Street
Type-42 (On-Sale Beer and Wine License)
Fama - 1416 4th Street
Taka Sushi - 1345 2nd Street
Gonde11i's Sandwich Shop - 225 Santa Monica Boulevard
Nat's Restaurant - 1432 4th Street
- 6 -
.
.
Early World Restaurant - 401 Santa Monica Boulevard
Kaminari Sushi - 320 Santa Monica Boulevard
Type-49 (On-Sale General For Public Premises)
5th Avenue - 429 Santa Monica Boulevard
Mayfair Theater - 214 Santa Monica Boulevard
According to the 1980 Census, there is a residential population
of 46 people within a 500' radius of the site.
staff is working with a Planning Commission subcommittee to ex-
amine alcohol related issues, and to determine if changes to
adopted policies or Conditional Use Permit requirements are ap-
propriate. staff believes that any such changes should be exam-
ined and debated on a systematic basis which was the type of
public process which resulted in adoption of the present CUP re-
quirements, as well as the Third street Mall Specific Plan.
Conclusion
The 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 the Planning commission and the Police Department,
the use would be compatible with existing uses within the Bayside
District.
- 7 -
.
.
BUDGET/FINANCIAL IMPACT
The recommendation presented in this report does not have any
budget or fiscal impact.
RECOMMENDATION
It is respectfully recommended that the Coun~~l deny the appeal
and uphold the Planning commission approval of Conditional Use
Permit 90-099 with the findings and conditions contained in the
Planning Commission statement of Official Action dated 01/30/91
(Attachment B).
Prepared by: D. Kenyon Webster, Principal Planner
David Martin, Associate Planner
Planning Division
Land Use and Transportation Management Department
Attachments: A. Appeal form dated 02/13/91
B. Planning Commission statement of Official Action
dated 01/30/91
C. Planning Commission staff Report dated 01/30/91
D. Letter from Police Chief James Keane dated
12/21/90
E. Project Plans
DM
PC/CCUP9099
03/21/91
- 8 -
. Cuyof ·
Santa Monica
CommuMy and EconomIC Developnent DeparIment
Ptannlng and ZOnIng DMIIat
(213) 458-8341
APPEAL FORM
FEE: $100.00
Date Flied
ReceMld by
Receipt No.
z.~ Ie;
J 1
~ I _ 2 ~~
'io\':'<C2.~
Name HG ~1...,-;f Co cC Ii A..., - S4.J-;c\ t-'"t..-'">JlcPr IV CrG/'fi3"!Lt+cl'O c,,4t,.. ;70.';
Address /,CK <s';-~p..1..(.I ~< - ~th;~ ~.."Jlc.4 c.tr- iOv"Y
Contact Person ~ /L(<... ..-r C-t t..L ,.., 4.....J Phone l::2..1 jJ ~ i.!? - i1y I
Please descnbe tle project and deciSIon m be appealed 3 ~ '3 S' 2\1 QJ ~ ~,.....,~ FAe 'l... f'1 ""'f)
~1.A-(' y"..1 IY~ -'1, ~4(kL- ~~r
AAc~
<.'?
At' ?,'\..(l...' '-<..J 7tr Ce"'?1 T /0,-... ~~
Case Number CuP 7 c - C: 1 ~
Address '1-0 <7 '"S ,IN;fro "-~~.h <:.4 13 ~ 1,./ L ~ i..J ~
Appicant A-oa ~ ~ 1\J1~ t+-D q-GR:ec.f ft1..q:. ~Q~
Ongmal hearing date ~... ~ :1 0 ( {~9 (
OngInaIadJon 9f\.l1 ~ /li"Pi\.4....:),) V> ,"itr Ce"",~ ,T.ol^,:S
P1e~ stale \he sptCifIc 1'1IIOII(1) klr .. appeal
l) IN oI\QC:Qv ~ PA(L~/...,(Q
(1.:) U.v'S A-fC, \7v ~ c..9} ~ 6:.-,~ Q..:r/l..--t. ~ "'t e..lL (. ~c.1 W NO... r /-.. ")
@ 0 <.:" 3L c... ~ c.6v:-a.4 j7G~ I> r: L,Y" oJl\.. L.-~~ V '(f' <&.owl m
C~...4. t......~'\.;:-t&, 0 I~~ ( ~ &h ---) .
Y1{ P II "addiIianII.... .11IIdId. u." of IDnI.
$91abn f/I ~ ~ DIll 7~ 13, iS91
A1\f\C,-rh.Af:1...t1 k
.
.
STATEMENT OF OFFICIAL ACTION
PROJECT
NUMBER: Conditional Use Permit 90-099
LOCATION: 309 Santa Monica Boulevard
APPLICANT: Robert D. Resnick and Jeffrey M. Alexander
CASE PLANNER: David Martin, Associate Planner
REQUEST:
Application of a Conditional Use Permit to
allow the operation of a 393 seat entertain-
ment facility and restaurant with a Type-47
alcohol license.
PLANNING COMMISSION ACTION
01/30/91
XX
Date.
Approved based on the following findings and
subject to the conditions below.
Denied.
Other.
EFFECTIVE DATES OF ACTIONS IF NOT APPEALED:
CUP 90-099 - February 13, 1991
EXPIRATION DATE OF ANY PERMIT GRANTED:
CUP 90-099 - February 13, 1991
LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATE
CUP 90-099 - 3 Months
CONDITIONAL USE PERMIT FINDINGS
1. The proposed use is one conditionally permitted within the
subject district and complies with all of the applicable
provisions of the "city of Santa Monica Comprehensive Land
Use and zoning Ordinance", in that the 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
- 1 -
A1\~t-It&J T ~
.
.
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
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 urbanized 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 C0111-
patible with existing uses in the area.
9. The proposed use is consistent with the goals, objectives,
and policies of the General Plan, in that the Land Use
Element of the General Plan 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 Street Mall Specific Plan and the
Land Use Element of the General Plan.
- 2 -
.
.
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 Mall specific Plan.
2. The proposed use is compatible with existing and potential
uses within the general area~ traffic or parking
congestions wi 11 not resul t ~ the publ ic 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,
restaurant, office and entertainment uses and parking will
be provided in the City parking structures.
3. The welfare of neighborhood residents will not be
adversely affected in that the proposed use would be
located away from major residential areas.
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 be located within the
boundaries of the Third Street Mall Specific Plan which
has been identified as a location for a concentration of a
variety of entertainment uses inclUding restaurants and
night clubs.
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 si te 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.
- 3 -
.
.
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. permi tted hours of operation shall be 6: 00 a. m. to 1: 00
a.m. Sunday-Thursday, and 6:00 a.m. to 2:00 a.m. Friday
and saturday.
9. Permitted hours for the sale of alcohol shall be 10 a.m.
to 1:00 a.m. Sunday-Thursday, and 10:00 a.m. to 2:00 a.m.
Friday and Saturday.
10. No "after hours" operations shall be permitted.
11. 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.
12. Prior to issuance of a Certificate of Occupancy r 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.
13. 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 inebriation.
14. Final plans for any changes to exterior design,
landscaping, trash enclosures, and/or signage shall be
subject to review and approval by the Architectural Review
Board.
15. 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
- 4 -
.
.
approved concept shall be subject to Planning Commission
Review. Construction shall be in substantial conformance
with the plans submitted or as modified by the Planninq
Commission, Architectural Review Board, or Director of
Planning.
l6. The applicant shall comply with all legal requirements
regarding provisions for the disabled, including those set
forth in the california Administrative Code, Title 24,
Part 2.
17.
Refuse areas, storage areas, and
shall be screened in accordance
(SMMC). Refuse areas shall be of a
on-site need.
mechanical equipment
with Sec. 9127J.2-4
size adequate to meet
lB. 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.
No noise generating compressors
shall be placed adjacent to
buildings.
20. Alcohol shall not be served in any disposable container
such as disposable plastic or paper cups.
19.
or other such equipment
neighboring residential
2l. No video or other amusement games shall be permitted on
the premises.
22.
Within thirty (30) days from date
approved) the applicant shall provide
Statement of Official Action for this
local office of the State Alcoholic
department.
23. 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.
of approval (if
a copy of the
approval to the
Beverage Control
24. The existing loading space located on Santa Monica
Boulevard adjacent to the Bayside Arts Building shall be
maintained.
25. Pedestrian queuing shall not block the adjacent sidewalk
or storefronts. The applicant shall submit a plan for
pedestrian queuing to the Director of Land Use and
Transportation Management prior to issuance of
Certificate of Occupancy.
26. The appl icant shall be on notice that future standard
alcohol conditions which may de developed, such as
requiring a designated driver program, shall apply to this
- 5 -
.
.
project if the conditions are instituted prior to issuance
of certificate of Occupancy.
27. The Building and Safety Division shall review and approved
the proposed layout in terms of emergency exiting
requirements prior to issuance of building permits.
28. The proposed establishment shall hold II non-alcoholic"
events on a periodic basis.
29. The number and distribution of toilets in the women's and
men's restrooms shall reflect the fact that a greater
number of toilets are necessary for female patrons.
Special Condition
30. Security shall be provided by the applicant during all
hours of operation to the satisfaction of the Santa Monica
Police Department.
31. No minors shall be permitted in the establishment after
10:00 P.M. unless accompanied by an adult.
32. 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.
VOTE
Ayes:
Nays:
Abstain:
Absent:
Kaufman, Morales, Mechur, Pyne, Rosenstein
Nelson, Polhemus
NOTICE
If this is a final decision not subject to further appeal under
the city of Santa Monica Comprehensive Land Use and Zoning Or-
dinance, the time within which 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 City pursuant to
Municipal Code section 1400.
I hereby certify that this statement of Official Action accurate-
ly reflects the tinal determination of the Planning Commission of
the city of Santa Konica.
signature
date
- 6 -
.
.
Ralph Mechur, Chairperson
Please Print Name and Title
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
PC/AOTS9099
OM
- 7 -