SR-7A (13)
1A
DEe 0 9 1997
PCD SF RES f \plan\share\councll\strpt\outlme\97cup012 wpd
Council Mtg December 9, 1997 Santa MOnica, California
TO Mayor and City Council
FROM City Staff
SUBJECT Appeal 97-019 of Planning Commission Conditions of Approval of
Conditional Use Permit 97-012 to Allow a Modification to an EXisting
Restaurant/bar with an Approved Type-47 (On-Sale General for Public
Eatmg Place) Alcohol License at 1446 Third Street Promenade
Apphcant L Elizabeth Strahlstrom, Esq I Chillers Restaurant Appellant
L Elizabeth Strahlstrom, Esq I Chillers Restaurant
INTRODUCTION
ThiS report recommends that the City CouncIl deny the appeal and uphold the Plannmg
CommisSion conditions of approval of Conditional Use Permit 97-012 On September
17, 1997, the Planning Commission approved the application's request to allow dancmg
Within the eXlstmg estabhshment With the conditions that the dancmg be limited to
twelve events per year, that a Temporary Use PermIt be obtamed for such events, that
there be no cover charge, and that the applicant Install the sound proofing
Improvements required by the NOise Ordmance for establishments With hve
entertamment and dancmg The CommissIon also granted the applicant's request for
extended hours of operation The Planning Commission staff report and Statement of
OffiCIal Action are contamed In Attachment A On October 1, 1997, the Planning
CommIssIon actron was appealed by the applicant to the CIty Council
The appeal
statement IS contained In Attachment B
fA
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DEe 0 9 i537
BACKGROUND
The onglnal CondItional Use PermIt for ChIllers was approved In February 1990 The
CUP allowed the restaurant to have a seatIng capacIty of 212. lImIted hours of alcohol
servIce (mIdnight at the bar and 1 00 a m wIthin the restaurant dining area), permItted
a Type-47 (On-Sale General Alcohol) liquor license whIch required full meal servIce.
and no dancmg or live entertamment
In June. 1997 the applicant filed an application to amend the eXIsting CUP to allow the
sale of alcohol throughout the establishment unttl1 30 a m dally, allow the addition of a
440 square foot dance floor accompamed by amplifIed disc Jockey (DJ) mUSIC, and
allow the establishment to Impose a cover charge Based on the Zoning Ordinance
definition of a mghtclub, the addltton of the dance floor and cover charge to the eXlstmg
restaurant would result In the establishment bemg converted to a nightclub Any
nightclub established after 1992 reqUires compliance With the City'S NOIse Ordinance,
which would have required Chillers to upgrade the eXisting facade Windows to double
pane and provide a double-door vestibule at the entrance to the establishment The
applicant had orlgmally requested a NOise Vanance to waive the soundproofmg
requirements for nightclub uses However, pnor to the Planning CommissIon heanng,
the applicant Withdrew the NOIse Vanance application
Planning Commission Action
Planning Staff had ongmally recommended that the Planning Commission approve the
applicant's application for extended hours of operation, but deny the request to convert
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the eXlstmg restaurant to a nightclub At their meetmg on September 17, 1997, the
CommIssion approved a modIfIcatIon to the eXIsting CUP to allow ChIllers to extend
theIr eXisting alcohol servrce hours and add lImIted dance events The approval
allowed the applIcant the opportunity to hold up to twelve dance events per year, but
prevented the establishment from operatIng as a mghtclub on a permanent baSIS The
majority of the Commission members were concerned With the restaurant's past hIstory
of alcohol related problems and did not feel an additional mghtclub use on the Third
Street Promenade would be appropriate
While the Commission did not approve the conversion of the restaurant to a nightclub,
they did allow for up to twelve dance events per year The Commission felt that the
twelve events would allow for a reasonable compromise by giVing the applicant the
opportunity to hold speCial events for certain holidays and speCial occasions The
Commission appreciated the effort that the applicant had made over the last year to
Improve their operation, but felt that a year was not enough time to ensure that
problems of the past would not reoccur at the restaurant
Applicant's Appeal
The applicant has appealed the Planning Commission conditions of approval whIch limit
the number of dance events to twelve per year, prevent the Imposition of a cover
charge, and reqUIre the soundproofing of the establishment The applicant contends
that It IS unreasonable to reqUire the soundproofing for a limIted number of events and
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that, without a cover charge, the expense Incurred to upgrade the bUlldmg's sound
insulation would not permit a reasonable return on their mvestment
APPEAL ANALYSIS
The applicant had requested an amendment to the eXlstmg CUP to allow the sale of
alcohol throughout the establishment until 1 30 a m dally and allow the addition of a
440 sq ft dance floor accompanied by amplified d J mUSIC The applicant's objective
was to mamtaln hours of alcohol service consIstent With most other establishments on
the Third Street Promenade and upgrade the restaurant/bar to a mghtclub use
While the Planning Commission felt that the Increase In the restaurant's permitted hours
of operatIon to 1 30 a m was reasonable gIven the restaurant's 2 00 a m clOSing time,
the CommIssion dId not feel that the conversIon of the establishment to a nIghtclub was
appropriate The CommIssIon's concerns were related prlmanly to the current level of
activity on the Promenade and the prevIous history of alcohol related ViolatIons at the
restaurant
The proposed change In use from a combination restaurant/bar to a nightclub would
add an additional nightclub to the 1400 block of the Promenade, resultmg In two
nightclubs In the 1400 block of the Promenade and a total of SIX nightclubs Within the
Bayslde District There IS currently one mghtclub In each of the three blocks of the
Promenade, With the other two nightclubs located on Fourth Street and on Broadway
GIven the eXisting number of nightclubs on the Promenade, the Plannmg Commission
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expressed concern about the current level of activity on the Promenade and felt that the
addItion of another nIghtclub to the 1400 block may negatively Impact the ambiance of
the area
In adopting the current hmJt on the number of food uses and alcohol outlets In the
Bayslde Dlstrrct. the City Council expressed a desire to limit the types of alcohol outlets
to full-service restaurants where entertainment IS Incidental to the pnmary use of the
establIshment The conversion of the eXisting restaurant to a mghtclub would create an
alcohol outlet where dancing IS permitted, which goes beyond the defimtlon of a
restaurant Given the direction of the City CounCIl and the eXlstmg number of
nightclubs In the Bayslde Dlstrrct. the Planning CommIssion denied the apphcant's
request to convert the eXisting restaurant to a mghtclub
PrevIous History of Restaurant
Prror to the Planning Commission meeting, staff met with the Santa Monica Police
Department regardmg the applicant's request A representatIve from the Pollee
Department stated that. while there have been numerous problems at Chillers since the
establishment opened, Includmg alcohol sales to minors, Violations of various CUP
condItions, and unruly behaVIor of patrons, the Police Department has worked With the
management to address the problems, and that over the past several months, the
operation has Improved Based on the Improved conditions, the Police Department
supported the request under certam conditions Their prrmary concerns regardmg
allowing a nightclub use was to require soundproofing for the establishment If an
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amplifIed sound system was approved, and controllmg the crowd entering the club
after the hours of 10 P m The SMPD In their memo to staff dated July 24, 1997
(Attachment C) condItIonally supported the change m use If a penodlc mOnltonng
condition were Included In the approvals
Although the Pollee Department supported the proJect, the Planning CommiSSion stili
had concerns about the applicant's request to convert the facIlity to a nightclub The
Commission stated that they appreciated the effort that the applicant had made over
the last year to Improve their operation, but that a year was not enough time to ensure
that problems of the past would not reoccur at the restaurant Furthermore, the
Commission expressed a concern that the Police Department's support for the prOject
was based on the recent hIstory of the current operators, and because the approvals
run with the land. there IS no ability to control who operates the establishment m the
future
The Plannmg CommIssIon denIed the applIcant's request to convert the eXlstmg
restaurant to a nightclub based on their concern about the eXisting level of activity on
the Promenade and the prevIous hIstory of the establIshment The CommissIon felt
that the allowance for up to twelve events per year was a reasonable compromise, but
that In order to hold these events, the applIcant be required to Install the nOIse
Insulation Improvements required for establishments with entertainment and dancing.
and In order to maintain the establrshment as a restaurant, the applicant not be allowed
to Impose a cover charge
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Planning staff had originally recommended that the Plannmg Commission approve the
applicant's request to extend their hours of alcohol service, but deny their request to
convert the facility to a nightclub In an effort to reach a compromise solution. the
CommissIon approved dancIng at the restaurant on a lImIted basIs WhIle staff had not
recommended the twelve events per year, staff supports the Planning Commission
approval and feels that the allowance for the twelve events Will give the applIcant an
opportumty to display their ablltty to operate the restaurant With dancing Furthermore,
the condition that the events only be allowed subject to the approval of a Temporary
Use Permit proVides the City Planning DivISion an opportunity to closely monitor the
events Staff also agrees With the Planning CommissIon reqUirement that the events
only be allowed If the faCility IS sound msulated to comply With the NOise Ordinance for
establishments where entertainment and dancing occurs This requirement Will ensure
that the faclltty does not contribute to the eXisting nOise level on the Promenade
AddItionally, staff agrees With the Planning CommiSSion's condition which prohibits the
applicant from Imposmg a cover charge A cover charge would discourage dining
patrons from entering the faCIlity and further define the operation as a nightclub
CEOA STATUS
The proposed request IS categorically exempt pursuant from the State CEQA
GUidelines In that the addition of a dance floor, disc Jockey musIc and modified hours of
operation to an eXisting restaurant IS considered Class 1, Ie, a mmor alteration to an
eXlstmg faCIlity
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BUDGET/FINANCIAL IMPACT
The recommendation presented In this report does not have any budget or fiscal
Impact
RECOMMENDA TION
It IS respectfully recommended that the City CounCil deny the appeal and uphold the
Plannmg Commission action on Conditional Use Permit 97-012 with the following
fmdlngs and conditions
FINDINGS
1 The proposed nightclub use IS one condItionally permitted within the subject
dlstnct (BSC-1 In the Bayslde District Specific Plan). however, the proposed
change from restaurant to mghtclub operations wIll result In a second late-
night entertamment facility within the 1400 Block of Third street. (a
restaurant/bar and bIlliards hall was approved with dancing/cover charges, I e
"nlghtclub"@ Gotham Hall 1429-1431 Third Street). which would result m an
over concentration of such uses In the 1400 block of the Promenade
Because the eXIstIng restaurant IS currently permitted to be open untl! 2 am.
the proposed change In the hours of alcohol service will not change the
character of the restaurant
2 The proposed nightclub use would Impair the integrity and character of the
district In which It IS to be establIshed or located In that the addItion of a sIxth
nightclub within a nine block area (an entertamment fac\hty which may proVIde
danCing, taped or live musIc and charge a cover charge) would result In an
over concentratIon of such facIlItIes However, the extenSJon of alcohol
servIce hours from 1 a m to 1 30 a m In the dining room and from mldmght to
1 30 a m m the bar will not Impair the mtegrlty of the district In that the
extended hours of alcohol service are consistent With other establishments
Within the area that are permitted to be open untIl 2 a m
3 The subject parcel IS phYSIcally SUitable for the type of land use being
proposed In that It IS a standard parcel With no unusual characteristics and the
extended hours of alcohol service Will not change the character of the eXisting
restaurant
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4 The proposed extended hours of alcohol service are compatible with any of
the land uses presently on the subject parcel, In that the present land use IS a
restaurant whIch IS permItted to be open untIl 2 a m dally, and the servIce of
alcohol until 1 30 a m will not change the character of the establishment
5 The proposed nightclub use would not be compatible With eXisting and
permissIble land uses WIthin the dlstnct and the general area In whIch the
proposed use IS to be located. In that the zOning of the sIte conditionally
permits the Issuance of an alcohol license for food service establishments With
alcohol licenses However, It IS the City's mtent to limit such outlets per block
and the addition of a sixth nightclub venue to the District would overburden
the City's eXisting capabilities to proVide adequate public safety, zOning
enforcement, and nOise protections for the mix of uses currently eXlstmg on
the Promenade and the reSidents who live Within the area The proposed
extension of alcohol service hours IS compatible With eXisting and permissible
land uses Within the dIstrict In that the hours are consistent With other Similar
uses on the Promenade which are open until 2 a m
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 proposed expansion of alcohol service hours to
1 30 a m are to an eXisting faCIlity and no additional demand on public utilities
and services IS anticipated
7 Public access to the proposed use shall be adequate, In that the restaurant IS
located In the Bayslde District which IS adequately served by eXisting roads,
transit and parking structures
8 The phYSical location or placement of the use on the site IS not compatible
With and does not relate harmOniously to the surroundmg neighborhood In that
the addItIon of a SIxth nightclub In the Bayslde DIstrict and a second mghtclub
on the 1400 block of the Promenade would result In an over concentratIon of
such uses In the area The extension of the alcohol service hours Will relate
harmoniously to the surroundmg neighborhood In that the restaurant IS
currently permitted to be open until 2 a m and the additional alcohol service
hours Will not change the character of the restaurant
9 The proposed extended hours of alcohol service are consistent With the goals,
obJectives, and poliCies of the General Plan In that the Land Use Element of
the General Plan encourages restaurants and uses that attract nighttime
activity
10 The proposed nightclub use would be detrimental to the publiC health, safety.
convenience, and general welfare In that the proposed nightclub IS not
consistent With the Bayslde Dlstnct SpeCIfiC Plan. which encourages a mIx of
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uses including restaurants and reSIdential uses which serve both residents
and VISitorS, and an additional nightclub with amplified musIc and dancing
within the 1400 block of Third Street IS not compatible with residential uses
The proposed expansion of alcohol hours would not be detrimental to the
public health, safety, convenience, and general welfare In that the eXIsting
restaurant IS permitted to be open until 2 a m and the extension of alcohol
hours will not change the character of the restaurant
11 The proposed use conforms precisely to the applicable performance
standards contained In Subchapter 9 04 12 In that no Performance Standard
Permit IS required
12 The proposed nightclub use Will result In an over concentration of such uses In
the Immediate VICInity In that the proposed faCIlity would result In SIX nightclubs
In the Bayslde District and two nightclubs on the Third Street Promenade,
which IS inconsistent with the City'S goal to encourage restaurant uses where
the consumption of food IS the pnmary activity and alcohol service and
entertainment IS anCillary The proposed extension of the hours of alcohol
servIce WIll not result In an over concentratIon of such uses In that the use IS
an eXisting restaurant which IS currently permitted to be open until 2 a m
CONDITIONS
1 The restaurant hours of operation shall be limited to 11 00 a m to 2 00 a m
2 No alcoholic beverages shall be sold pnor to 11 00 a m dally or after 1 30
a m dally
Plans
3 ThiS approval IS for those plans dated September 21. 1997, a copy of which
shall be maintained In the files of the City Planning DIVISion Project
development shall be consistent With such plans, except as otherwise
speCified In these conditions of approval
4 The Plans shall comply With all other proVISions of Chapter 1, Article IX of the
MUniCipal Code, (Zoning Ordinance) and all other pertinent ordinances and
General Plan poliCies of the City of Santa MOnica
5 Minor amendments to the plans shall be subject to approval by the Director of
Planning A slgmflcant change In the approved concept shall be subject to
Plannmg CommlSSJon ReView Construction shall be In conformance With the
plans submitted or as modified by the Planning Commission, Architectural
ReView Board or Director of Planning
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6 ConstructIon penod slgnage shall be subject to the approval of the
Architectural Review Board
7 Plans for final design. landscaping, screenmg, trash enclosures, and slgnage
that dIffers sIgnificantly from that approved for the ongmal bUilding shall be
subject to reView and approval by the ArchItectural Review Board
Validity of Permits
8 In the event permittee Violates or falls to comply With any condItIons of
approval of this permit, no further permits, licenses, approvals or certificates of
occupancy shall be Issued until such Violation has been fully remedied
9 Within ten days of Planning DIvISion transmittal of the Statement of Official
Action, project applicant shall sign and return a copy of the Statement of
Official Action prepared by the Planning DIvISion, agreeing to the Conditions
of approval and acknowledging that failure to comply With such conditions
shall constItute grounds for potential revocatIon of the permIt approval By
signing same, applicant shall not thereby waive any legal rights applicant may
possess regardmg said conditions The signed Statement shall be returned to
the Planning DIVISion Failure to comply With thiS condition shall constitute
grounds for potential permit revocation
10 ThiS determination shall not become effective for a penod of fourteen days
from the date of determmatlon or, If appealed, until a final determination IS
made on the appeal Any appeal must be made m the form reqUired by the
Zonmg Administrator
ALCOHOL OUTLET CONDITIONS
11 A specIal dancmg permit (e 9 a Temporary Use Permit) shall be obtaIned for
a maximum of 12 events per calendar year though the City Plannmg DIVISion
The applicant shall pay the applicable fee for thiS application for every fllmg.
however 12 calendar events may be filed with one applicatIon The
application shall Include an annual tentative dance event schedule Any
modifications to th,s schedule must be reViewed and approved by the Director
of Plannmg and Community Development and SMPD (Vice DIVISion) prior to
the dance event for that calendar year Prior to holding the first dance event.
the applicant shall be reqUired to secure burldmg permIts to sound proof the
bUlldmg per the NOise Ordinance gUidelines (e 9 upgrade the bUlldmg With
double pane glass window and proVide a double door entrance vestibule and
Insulate any common bUilding walls) The Director of Planning and
Community Development shall review and approve said plans The musIc for
the dance events shall be pre-recorded and may be orchestrated by a dISC
Jockey (OJ) ThiS permit proVides for a limited dance venue In conjunctIon
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with the eXisting restaurant alcohol license. therefore the establishment shall
be defined as a restaurant and not be permitted to collect a cover-charge for
operation of the dance venue
12 The latest hour for serving alcoholic beverages In the outdoor dlnmg area
shall be 11 30 P m (food service may continue). or no later than the clOSing of
the associated food service of the establishment, whichever IS first All
alcoholic beverages must be removed from the outdoor dining area no later
than 12 00 midnight
13 The owner shall control nOIsy patrons leaVing the restaurant
14 The premises shall have the capability to serve food to patrons dUring all
hours the establishment IS open for customers
15 The premises shall malntam a kitchen or food-serving area In which a variety
of food IS prepared and cooed on the premises
16 Seating arrangements for all floor areas shall not exceed 212 seats and the
number of total seats shall not be expanded by more than 10% unless
approved by the Director of Plannmg
17 Take out service shall be only Incidental to the primary Sit-down use
18 No alcoholic beverage shall be sold for consumption beyond the In-door or
out-door premises
19 No live entertainment shall be permitted on the premises
20 Fmal plans for any changes to exterior deSign, landscaping, trash enclosures,
and/or slgnage shall be subject to review and approval by the Architectural
ReView Board
21 Minor amendments to the plans shall be subject to approval by the Director of
Planning An Increase of more than 10% of the square footage or a Significant
change In the approved concept shall be subject to Planning CommiSSion
ReView Construction shall be In substantial conformance With the plans
submitted or as modified by the Plannmg CommiSSion. Architectural ReView
Board, or Director of Planning
22 The applicant shall comply WIth all legal requirements regarding proVISions for
the disabled, Includmg those set forth In the California Administrative Code.
Title 24, Part 2
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23 Refuse areas, storage areas, and mechanical equipment shall be screened In
accordance with Sec 9127 J 2-4 (SMMC) Refuse areas shall be of a size
adequate to meet on-site need
24 The operation shall at all times be conducted In a manner not detrimental to
surroundmg properties or residents by reason of lights, nOise, actiVities,
parking. or other actions
25 No nOise generating compressors or other such equipment shall be placed
adjacent to neighbOring residential bUildings
26 The conditions of this approval shall supersede all prevIous approvals on this
property Includmg CUP 89-100
Prepared by Suzanne Frick, Director
Karen Ginsberg, Planning Manager
DaVId Martin, Senior Planner
Gina SZllak, ASSistant Planner
Planning and Community Development DIVISion
Attachments A Planning CommissIon Staff Report and Statement of Official Action
B Appeal Statement
C Memo from Santa MOnica Police Department dated 7/24/97
D Project Plans
F \PLAN\SHARE\COUNCIL\STRPT\OUTLlNE WPD\97CUP012 WPD
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"11- 014
ATTACHMENT A
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