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SR-0 (119) CP:KG RES f \plan\share\pc\strpt\97cup012 wpd Planning Commission Mtg September 17, 1997 Santa Momca, Cat/fom'a TO The Honorable Planning Commission FROM Planning Staff SUBJECT- ConditIonal Use PermIt 97-012 and Noise Vanance 97-001 Address Applicant 1446 Third Street Promenade L Elizabeth Strahlstrom, Esq I Chillers Restaurant INTRODUCTION Action ApplicatIon for a Conditional Use Permrt (CUP) and NOise Variance (NY) to convert an eXisting restaurantlbar with an approved Type-47 (On-Sale General for Public Eating Place) alcohol license to a nIghtclub with a 440 square foot dance floor and d J mUSIC, The applicant requests a CUP amendment to extend the hours of operation (1'30 am dancing/alcohol service, 2 00 am clOSing) and to allow danCing In addition to the CUP amendments, the applicant requests a nOise vanance to waive soundproofing Improvements reqUired for the proposed nightclub license. The proposed nightclub would have a total of 178 seats. The proposal meets all applicable development standards except the request to vary NOise Ordinance standards under NOIse Vanance application 97-001 Recommendation. Approval of the request to extend the hours of operation for the eXisting restaurant, denial of the request to add a dance floor and d.J mUSIC, and denial of the NOise Vanance request Permit Streamhnlnc EXDlratlon Date February 11, 1998 SITE LOCATION AND DESCRIPTION The subject property IS a 7,500 sq ft parcel located on the west Side of the Third Street Promenade between Broadway and Santa Momca Boulevard haVing a frontage of 50 feet Surrounding uses consist of a two-story restaurant (Mario's) (BSC-1) on the adjacent parcel to the north, a two story retail building on the adjacent parcel to the south (BSC-1), Reml restaurant and the Odeon Cineplex theater (BSC-1) across the Promenade to the east and a one and two story commercial building across the alley to the west (BSC-2) EXisting on-site IS the Chillers Restaurant ZOning Dlstnct BSC-1. (Bayside Commercial) Dlstnct Land Use Dlstnct Downtown Commerclal/BaysJde Specific Plan Area Parcel Area 50' x 150' = 7,500 square feet - 1 - fJ'jI!oo ... ;, 1 ~ I f PROJECT DESCRIPTION ,. Proposed IS the conversion of Chillers Restaurant from a restaurantlbar to a nightclub use The establishment has a Type-47 (On-Sale General for Public EatIng Place) alcohol license The applicant (Chillers) request for a mghtclub would Include amplified d J music and the addItion of a 440 square foot dance floor The total number of proposed seats would be 178, including 131 Indoor restaurant seats, 32 outdoor restaurant seats, and 15 Indoor bar seats In addition, the applicant requests modified alcohol hours of operation Currently the establishment operates seven days a week from 1000 a m to 200 a m with alcohol service unttl midnight for the bar area and 1 00 8m for the dining area The proposal IS to allow alcohol servIce until 1 30 am for the overall establishment, and a nightclub use to allow d J music and danCing seven days per week In addition to converting from restauranUbar to nightclub use, the applicant requests a variance to Section 4 12.160 requiring nightclubs plaYing amplified music to proVide double door vestibules and double-pane Windows Section 4.12.100 proVides for the ability to approve a NOise Variance to waive these reqUIrements If certain findings can be made MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE The proposed project IS consistent with the MUniCipal Code and In conformity With the General Plan as shown In Attachment A However, the proposal IS Inconsistent With Chapter 412 (NOise) and thus the applicant has requested a NOise Variance CEQA STATUS CategOrically exempt pursuant to Class 1 of the State CEQA GUIdelines In that the addition of a dance floor, d J mUSIC and modified hours of operation to an eXisting restaurant IS conSidered a minor alteration to an eXisting faCIlity RENT CONTROL STATUS CommerCial exempt FEES The project IS not suJ>Ject to any special fees PUBLIC NOTIFICATION PUrsuant to MUniCipal Code Section 9 04 20.20 080, Within 30 days after the subject application was deemed complete, the applicant posted a sign on the property stating the follOWing Information Project case number, bnef project descrrptlon, name and telephone number of apphcant, site address, date, time and location of publiC hearing, and the City Planning DIVISion phone number It IS the apphcant's responsibility to update the heanng date If It IS changed after posting - 2 - . ~ q ] .-: In addition, pursuant to MUnicipal Code Section 904.2022050, notice of the public hearing was mailed to all owners and residential and commercial tenants of property located withIn a 500 foot radIus of the project at least ten consecutIve calendar days prior to the heanng A copy of the notice IS contained In Attachment B ANAL YSIS Backaround The alcohol license for Chillers was originally approved under Conditional Use Permit 89-100 by the Planning Commission on February 21, 1990 The approved restaurant had a 212 seat capacity, limited hours of alcohol service (midnight at the barf 1 00 am Within the restaurant dining areal 2:00 am closing), a Type-47 (On-Sale General Alcohol) liquor license which reqUired full meal service, prohibited dancing or live entertainment use, and Included the standard alcohol CUP conditions associated With restaurant alcohol licenses A subsequent request to modify the anginal conditions, Conditional Use Permit 95-009 and 95-020 filed In April and August of 1995 were Withdrawn by the applicant Chiller's Withdrew the applications due to staff's ongoing concerns speCifically related to enforcement complaints including the volume of calls for service made to the SMPD and the Vice DIVISion's concern for targeting umverslty students (many of whom were under the legal drinking age) With promotional alcohol speCials DUring thiS penod the Bayslde District Board also opposed any amendments to the eXisting CUP Aoollcant's ReQuest The applicant IS currently requesting an amendment to the eXisting CUP to allow the sale of alcohol throughout the establishment until 1.30 am dally and allow the additIon of a 440 sq ft dance floor accompamed by amplified d J musIc The applicant seeks to maintain hours of alcohol service consistent With thoc:p of other establishments on the Third Street Promenade and upgrade the restaurant/bar to a nightclub use Any nightclub established after 1992 requires compliance With the Crty's NOIse Ordinance and would reqUire ChIllers to upgrade the eXIsting facade Windows to double pane and prOVide a double-door vestibule at the club's entry The applicant has requested a NOIse Variance to waive the soundproofing requirements for mghtclub establishments Alcohol Licenses In Area Within a 500' radiUS of the Site, there are 9 Type-41 (On-sale beer and wine for public eating place) alcohol licenses With a total of 609 seats, fourteen Type-47 (On-Sale General for Pubhc Eating Place) alcohol hcense outlets With a total of 2,336 seats (excluding Chillers) and two Type-48 (On-Sale General) alcohol licenses With a total of 117 seats On May 28, 1997 the Planning Commission approved a CUP modification to allow the conversIon of Gotham Hall (CUP 96-026) from a restaurant to mghtclub A total of 25 restaurants and mghtclubs proVide alcohol service Within 500 feet of the proposed use These Include the followmg' - 3 - .."'" nl~ ~ v Tyoe-41 (On-Sale Beer and Wine for Public ECiitln(] Place) Establishment Seats Address Picasso Restaurant Nat's Restaurant Matisse Cafe Mario's Johnny's Tudor House Caspian Dee's La Luna 70 seats 60 seats 44 seats 148 seats 40 seats 43 seats 84 seats 50 seats 70 seats .. 1416 Fourth Street 1432 Fourth Street 1435 Third Street Promenade 1444 Third Street Promenade 1448 Third Street Promenade 1403 Second Street 205 Broadway 316 Santa MOnica Blvd 119 Broadway Tyoe-47 (On-Sale General for Public Eating Place) Establishment Seats Address Border Grill The Britannia Restaurant 2nd Street Bar & Grill Red Broadway Dell Broadway Bar & Grill Reml Chiller's (existing cup) Yankee Doodles Gotham Hall Tnlussa Teaserts Ve Olde King's Head I Cugini Tratton Tvoe-48 (On-Sale General) Esta bllshment "217" Harvelle's 162 seats 50 seats 56 seats 113 seats 195 seats 209 seats 1 06 seats 212 seats 270 seats 335 seats 360 seats 150 seats 75 seats 255 seats Seats 48 seats 69 seats 1445 Fourth Street 318 Santa Monica Boulevard 1449 Second Street 101 Broadway 309 Broadway 1460 ThIrd Street Promenade 1451 ThIrd Street Promenade 1446 Third Street Promenade 1410 ThIrd Street Promenade 1431 Third Street Promenade 1360 Third Street Promenade 1351 Third Street Promenade 116 Santa MOnica Boulevard 1501 Ocean Avenue Address 217 Broadway 1432 Fourth Street Within the Third Street Promenade SpeCific Plan area dancing and live musIc are permitted at Gotham Hall. "217", Monsoon Restaurant and Harvelle's Dancing to tape cassette and d J musIc IS permitted at Teaser's - 4 - f<.oa. nc:G Similar Bayslde District Establishments Gotham Hall 1429 Third Street Nightclub NOise Variance Granted; CUP allows nightclub use, 480 sq. ft dance floor, alcohol service 10 am to 2 am, 7 days per week Monsoon 1212 Third Street Nightclub CUP allows nightclub use & live entertainment, 250 sq ft dance floor, alcohol service 6 am to 2 am, 7 days per week Teaser's Restaurant 1351 Third Street Nightclub CUP allows danCing wi d J mUSIC, 300 sq. ft. da nee floor. alcohol hours to 2 am, 7 days per week Harvelle's 1432 Fourth Street Nightclub Grandparent nightclub, alcohol service Unit 2 am "217" 217 Broadway Nightclub Grandparent mghtclub, alcohol service unit 2 am Nelchborhood Comoatlblhtv - -- No churches, schools or park.s are within 500' of the site However, approxImately 500 reSidents live within a 500' radiUS of the subject parcel The closest residential umts are - 5 - '" ., -. :~ 1 In the Janss Court development at the corner of Broadway and the Third Street Promenade There are also 18 residential unrts located at 107 Broadway, 385 reSidential unrts at 1431 Ocean Avenue and three hotels (1447 and 1415 Ocean Avenue, and 201 Broadway) wlthm 500' of the site Parklnc and Circulation No on-sIte parking IS required because the project IS located within the Downtown Parking Assessment Dlstnct Conditional Use Permit Recuest The proposed change In use from a combination restaurant/bar to a nrghtclub would add an addItIonal nightclub to the 1400 block of the Promenade, resulting In two nightclubs In the 1400 block of the Promenade and a total of SIX nightclubs within the Bayslde Dlstnct. There is currently one nightclub In each of the three blocks of the Promenade. with the other two nightclubs located on Fourth Street and Broadway Staff feels that the current number and location of nightclubs on the Promenade prOVides a balanced dlstnbutlon of such establishments which maintains an appropnate balance of nightclubs, restaurants, retail stores and theaters The addition of a second nightclub to the 1400 block, across the Promenade from Gotham Hall, could result In an over concentration of such uses In adopting the current limit on the number of food uses and alcohol outlets In the Bayslde Dlstnct, 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 estabhshment The conversion of the eXisting restaurant to a nightclub would create an alcohol outlet where danCing IS permitted, whIch goes beyond the definitIon of a restaurant Given the direction of the City Council and the eXisting number of nightclubs In the Bayslde District, staff does not support the applicant's request to convert the eXisting restaurant to a nightclub While staff does not recommend approval of the applicant's request for a dance floor and d.J mUSIC, staff does support the request to extend the hours of alcohol service In the restaurant to 1.30 am The eXisting CUP for the restaurant aUows the faCility to operate until 2 am With alcohol service until midnight In the bar area and 1 am In the restaurant area HaVIng different alcohol service time limitations for different areas of the same establishment IS an enforcement problem for City staff and an operational problem for the restaurant Staff feels that allOWing alcohol service until 1-30 am for a faCIlity that IS allowed to be open until 2 am IS reasonable Furthermore. alcohol service until 1 30 am IS consistent With other establishments on the Promenade which are permitted to be open until 2 am Bavslde DIstrict Comments On June 9, 1997. the applicant made a presentation to the Bayslde District Corporation (BDC) Board of Directors and requested support from the Board for modIfications to - 6 - .... ~~ '-12 -, t.. .: their eXisting Conditional Use Permit The Bayslde District Board conditionally supported the amendment to the CUP to permit dancing, d J musIc and extend alcohol service hours as outlined In the attached letter (Attachment D) The Board recommended a condition which would reqUire the nightclub use to be reviewed periodically (every three months for a year and twice dunng the follOWing year) by the Bayslde Land Use and Public Safety Committee, the alcohol service and dancing end at 1 30 a m and the site be adequately sound Insulated While staff supports the Bayslde Dlstnct's recommendation regarding the hours of alcohol service, staff does not support the concept of a periodically review by the Bayslde Land Use and Public Safety Committee The Committee has no regulatory authorrty and has no ability to revoke the applicant's CUP or modify their conditions of approval Pohce Deoartment Comments Staff met With the Santa Momca Police Department regarding thiS proposal. The Police Department stated that they have worked With the Chillers management to address previous alcohol related problems related to the Chillers operations, and at thiS time they could support the request under certain conditions Their pnmary concern regarding a nightclub use was to reqUire soundproofing for the establishment If an amplified sound system was approved, and the control of the crowd entenng the club after the hours of 10 P m The SMPD In their memo to staff dated July 24, 1997 (Attachment E) conditionally supports the change In use if a penodlc mOnltonng condition (Similar to the one suggested by the Bayslde Dlstnct Board) were Included In the approvals Although the Pollee Department supports the proJect, Planning staff stili has concerns about the applicant's request to convert the faCility to a nightclub As stated above, the eXisting number and distribution of nightclubs In the Bayslde Distnct appears to be consistent with the goal of creating a balanced dlstnct containing restaurants, entertainment uses and retail stores Furthermore, the Pohce Department's support for the project IS 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 in the future. Noise Vanance Reauest The applicant has requested a vanance to the City'S Noise Ordinance. If the Planning Commission denies the applicant's request to convert the eXisting restaurant to a nightclub as recommended by staff, the NOise Vanance IS not reqUired However, If the Planning Commission approves the applicant's request to add danCing and amplified mUSIC, the NOIse Ordinance requires that a two door vestibule and double-paned wmdows be Installed to mitIgate nOise Impacts. Per SectIon 4.12.100 a vanance to waIve sound proofing requirements for a mghtclub can be granted If certain findings are made These findings Include that the stnct application of the prOVISion would result In unreasonable hardshIps InconsIstent With the general purpose and Intent of the MUniCipal Code, that there are exceptional cIrcumstances or conditions apphcable to the property or activity Involved that are unique to It and that do not apply generally to other property In the same NOise Zone, and that the granting of a variance would not be - 7 - fi'lP J' ') ... VGJ materially detnmental to the persons and property within the affected NOise Zone and to public welfare In order to approve the NOise Vanance, the Planning Commission would have to make all three of the required findings stated above The first finding reqUires a determination that the reqUIrement to Install a two door vestIbule and double-paned wmdows would result In an unreasonable hardship The applicant has IOdlcated that the Installation of a double dOOf vestibule would result In the loss of square footage In the faCIlity The existing restaurant IS a 7,500 square foot establishment and the converSion of the front entrance to a double door vestibule would have a minimal effect on the overall Size of the festaurant Double-paned Windows could be Installed In the eXisting store front Therefore. staff does not feel that the reqUirement to Install a double door vestibule and double-paned Windows would fesult 10 a hardship to the applicant The second finding for approving the nOise variance IS that there are exceptional Circumstances or conditions applicable to the property or activity Involved that are umque to It and that do not apply generally to other property In the same NOIse Zone The eXisting Chillers restaurant IS located 10 a one story bUilding With a standard store front, very Similar to several other restaurants located on the Promenade Staff does not feel that there are any exceptional circumstances or conditions applicable to the subject property that do not apply to several other properties In the area The third finding IS that the grantmg of a variance would not be materially detrimental to the persons and property Within the affected NOise Zones and the public welfare The applicant hired a sound engineer to preform a nOIse reading on Saturday, May 17, 1997 between 9 pm and 11 pm and found that the ambient nOise level on the Promenade IS higher (between 70-80 dba's) than the maximum levels (between 60-65 dba's) attowed for Zone II under the NOIse Ordinance A SMPD NOise Officer was present for thiS reading and the officer stated that the reading appeared to be In accordance With standard testing procedures In accordance With the NOise Ordinance, when the ambIent nOise level exceeds the maxImum nOIse level permItted In the NOise Zone, then the ambient nOise level becomes the standard The applicant's nOIse readings indicate that With the addition of amplified musIc at Chillers, the resulting nOise reading on the front patio did not exceed the ambient nOise level on the Promenade and therefore they contend that the NOise Vanance should be granted. However, while the ambient nOise levels may exceed the standards set forth In the NOIse Ordinance dunng peak weekend hours, the estabhshment would proVide amplified musIc dunng weekday and off-peak hours, and has not prOVided any alternate means of abating the nOIse when It IS likely to cause a problem Based on the fact that none of the three required filldlOgs for a NOIse Variance can be made, staff does not support the applicant's request ConclUSIon The addition of a Sixth mghtclub Within the Bayslde Specific Plan area, and the additIon of a second nightclub on the 1400 block of the Third Street Promenade would create an over concentratIon of nightclubs Within the SpeCific Plan area The proposed Increase - 8 - i!lterr q? .' '-' .~ "* In the hours of operatIon would not change the character of the eXisting restaurant and would be consistent With other restaurants In the area The required findings for the proposed NOIse Vanance can not be made and therefore the variance can 110t be approved. RECOMMENDATION ft IS recommended that the Planning CommIssIon approve the request to modify the hours of alcohol service, deny the request for a change In use from a restaurant! bar to a nightclub venue and deny the applicant's request to waive the soundproofing reqUirements for nightclub establishments required under the City'S NOIse Ordinance Because staff IS recommending approval of the request to modify the hours of operation, the conditions of approval from the prevIous conditional use permIt (CUP 89- 100) have been Included below with the hours of operation stated In condition #2 modified to reflect the recommended hours of alcohot service CONDITIONAL USE PERMIT FINDINGS 1 The proposed mghtclub use IS one conditionally permitted WIthin the subject dIS- trict (BSC-1 In the Bayslde Dlstnct Specific Plan) however, the proposed change from restaurant to nightclub operations will result In a second late-night entertainment faCIlity within the 1400 Btock of Third street, (a restaurant/bar and billiards hall was approved with danCing/cover charges, I e "nightclub"@ Gotham Hall 1429-1431 Third Street), which would result In an over concentration of such uses In the 1400 block of the Promenade Because the eXisting restaurant IS currently permitted to be open until 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 integnty and character of the district In which It IS to be established or located In that the addition of a Sixth mghtclub within a mne block area (an entertainment faCIlity which may provide danCing, taped or live musIc and charge a cover charge) would result In an over concentration of such facilities. However, the extension of alcohol service hours from 1 am to 1 30 am in the dining room and from mldOlght to 1 :30 am In the bar will not impaIr the Integrity of the distnct In that the extended hours of alcohol service are consistent with other establishments within the area that are permitted to be open until 2 am 3 The subject parcells phYSically sUitable for the type of land use being proposed In that It IS a standard parcel with no unusual charactenstlcs and the extended hours of alcohol service Will not change the character of the eXisting restaurant 4 The proposed extended hours of alcohol service are compatlbre With any of the land uses presently on the subject parcel If the present land uses are to remain In that the present land use IS a restaurant which IS permitted to be open until 2 am dally, and the service of alcohol until 1 30 am Will not change the character of the establishment - 9 - ",.. n 2 ,- v J 5 The proposed mghtclub 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 Intent to limit such outlets per block and the addition of a sixth nightclub venue to the Olstnct would overburden the City'S eXisting capabilities to provide adequate public safety, zOning enforcement, and nOIse protectIons for the mIx of uses currently eXIsting 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 dlstnct In that the hours are consistent with other Similar uses on the Promenade which are open until 2 am 6 There are adequate provIsions for water, Sanitation, and public utrlltles 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 am are to an eXisting faCility and no additional demand on pUblic utlllttes and services IS anticIpated 7 Public access to the proposed use shall be adequate In that the restaurant IS located In the Bayslde Dlstnct 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 surrounding neighborhood In that the addition of a sixth nightclub In the Bayslde Dlstnct and a second nightclub 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 surrounding neIghborhood In that the restaurant IS currently permitted to be open until 2 am 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 detnmental to the public health, safety, convenience, and general welfare In that the proposed nightclub IS not consistent with the Bayslde Dlstnct SpeCific Plan, which encourage a mix of uses Jncludlng restaurants and reSidential uses which serve both residents and Visitors, and an additional nightclub With amplified musIc a:1d danCing Within the 1400 block of Third Street IS not compatible With residential uses The proposed expansion of alcohol hours would not be detnmental to the public health, safety, convenience, and general welfare In that the eXisting restaurant IS permitted to be open until 2 am and the extension of alcohol hours Will not change the character of the restaurant - 10 - 1iII~ 020 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 Dlstnct and two nlghtciubs 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 am NOISE VARIANCE FINDINGS 1 The strict application of the NOise Ordinance would not result In unreasonable hardships inconsistent the general purpose and Intent of the MUniCipal Code In that the eXisting restaurant IS of adequate size to proVide a double door vestibule as reqUired by the NOise Ordinance. Furthermore, the Installation of double- paned Windows would be a minor alteration to the exrtlng store front. 2 There are no exceptional circumstances or conditions applicable to the property or actlVlty Involved that are unique to it and that do not apply generally to other property In the same NOise Zone In that the restaurant IS located In a typical one story, 7,500 square foot bUilding frontmg on the Third Street Promenade, which IS very Similar to other buildings In the area 3 The grantIng of a vanance would be materially detnmentar to the persons and property wlthm the affected NOise Zone and to publiC welfare In that while the applicant has demonstrated that the amb.ent nOise levels dUring peak hours on the Promenade are higher than the maximum levels allowed for Zone II under the NOise Ordmance, the operation of a nightclub With amplified musIc dunng non peak hours would result In nOise impacts to surrounding bUSiness and reSidents CONDITIONAL USE PERMIT CONDITIOf'.tS 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 prior to 11 00 a m dally or after 1 30 a m dally Plans 3 ThiS approval IS for those plans dated February 9, 1990, 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 - 11 - ~ ,. G 2 ~' 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 significant change In the approved concept shall be subject to Planning CommIssion ReView Construction shall be In conformance With the plans submitted or as modified by the Planning Commission, Architectural ReView Board or Director of Planmng 6 Construction period slgnage shall be subject to the approval of the Architectural ReView Board 7 Plans for final deSign, landscaping, screening, trash enclosures, and slgnage that dIffers Significantly from that approved for the onglnal four story bUilding shall be subject to review and approval by the Architectural ReView Board Validity of Permits 8 In the event permittee violates or fails 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 Planmng DIVISion transmrtlal 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 nghts applicant may possess regarding said conditions The Signed Statement shall be returned to the Planning DiviSion Failure to comply with thiS condItion shall constitute grounds for potential permit revocaton 10 ThiS determination shall not become effective for a penod of fourteen days from the date of determination or, If appealed, until a final determination IS made on the appeal Any appeal must be made In the form required by the ZOning Administrator ALCOHOL OUTLET CONDITIONS 11 The owner shall control nOIsy patrons leaVing the restaurant 12 The premises shall have the capability to seNe food to patrons dUring all hours the establishment IS open for customers 13 The premises shall maintain a kitchen or food~servJng area In which a variety of food IS prepared and cooed on the premises - 12 - ~- 02B 14 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 Planning 15 Take out service shall be only InCidental to the primary Sit-down use 16 No alcoholic beverage shall be sold for consumption beyond the In-door or out- door premIses 17 No dancing or lIve entertainment shall be permItted on the premIses 18 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. 19 Minor amendments to the plans shall be subject to approval by the Director of Planmng. 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 modrfied by the Planmng CommISSion, Architectural Review Board, or Director of Planning 20 The applicant shall comply With all legal requirements regarding proVISions for the disabled, including those set forth in the Callforma Administrative Code, Title 24, Part 2 21 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 22 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 23 No nOIse generating compressors or other such equipment shall be placed adjacent to neighbOring reSidential buildings 24 The conditions of thiS approval shall supersede all previous approvals on thIS property Including CUP 89-100 Prepared by Gina SZIIak, ASSistant Planner Attachments A MUniCipal Code and General Plan Conformance B Notice of Public Hearing C RadIUS and Location Map o Letter from Bayslde Dlstnct Board E Memo from SMPD - 13 - .~. 029 F Letters from the public dated August 26 & September 9th 1997 G Photographs of SIte and Surroundmg Properties H Plot Plan, Floor Plans and Elevations F \PLAN\SHARE\PC\STRPn97CUP012 WPD - 14 - ... . I ~ . ~ I 000 AIIAC.HMENI..A MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE CATEGORY LAND USE ELEMENT MUNICIPAL CODe PROJECT Permitted Use -- Nightclub with change from approved CUP restaurant/bar to mghtclub Ie providing amphfied d J musIc and dancing, extend hours of alcohol service from midnight (bar area) and 1.00 a m (dining area) to 1.30 am overall NOise Ordinance N/A Nightclubs shall provide vanance request to double pane Windows waIVe soundproofing and a double-door requirements vestibule to attenuate nOise - 15 - .~ 031 .. .-. 032 ATTACHMENT B 't~.( L3.:J ~t\I I "- Ud'i OFFICIAL NOTICE OF PUBLIC HEARING Subject of Hearmg Conditional Use Permit 97-012, Noise Variance 97-001 1446 Third Street Promenade (BSC-l, Bayside Conunerclal Dlstnct) Applicant: L. Elizabeth Strahl!l:trom, Esq./ Chillers Restaurant A PublIc Hearmg will be held by the Planning Commission on the following request ApplicatIon for a CondItIonal Use Penmt (CUP) and NOIse Vanance (NV) to convert an eXlstmg restaurantlbar with an approved Type-47 (On-Sale General for PublIc Eatmg Place) alcohol lIcense to a rughtclub with a 440 square foot dance floor and d J musIc The applIcant request a CUP amendment to extend the hours of operanon (1 30 am dancing/alcohol service, 200 am closmg), and a nOIse variance to waive soundproofmg lffiprovements reqUIred for the mghtclub lIcense The proposed mghtclub would have a total of 178 seats. (planner- Gina Szdak) TIME: WEDNESDAY, SEPTEMBER 3,1997 AT 7:00 P.M. LOCATION: COUNCIL CHAMBERS, ROOM 213, CITY HALL 1685 MAIN STREET SANTA MONICA, CALIFORNIA THE CITY OF SANTA MONICA ENCOURAGES PUBLIC COMMENTS INTERESTED PERSONS MAY COMMENT AT THE HEARING, OR BY WRITING A LETTER Leners should be addressed to: City Planmng DIVision, Room 212 1685 Mam Street Santa Monica, CalifOrnIa 90401 Ann Gma SzilakJ CUP 97-012 Additional information may be obtained from the City Planning Division. To request review of a project file and/or for more information, please call (310) 458-8341. The meetmg faCIlIty IS accessible. If you need any dJsablllty-related accommodations, please contact staff at (310) 458-8701 TDD Number (310) 458-8696 The Santa MODIca Blue Bus Lmes #2, #3 and #8 serve City Hall Pursuant to California Government Code Section 65009(b}, if thiS matter IS subsequently challenged In Court, the challenge may be luruted to only those Issues raIsed at the PublIc Heanng, descnbed In tlus nouce, or ill written correspondence delIvered to the Cny of Santa MODIca at, or pnor to, the PublIc Heanng ..... r::; J Esto es una notIcla de una audencla publica para revlsar apphcaClOnes propomendo desarrollo en Santa Momca. Si deseas mas informaclOn, favor de llamar a Lmnea Hernandez en la DIvIsion de Plantificacion a1 numero (310) 458-8341 F \PLAN\SHARE\PC\NOTICES\97CUPOI2 WPD APPROVED AS TO FORM KAREN GINSBERG Planmng Manager I' .. ~ tfIo ;~ \j .) V ATTACHMENT C ~+-\"'"' '! #0 \'.,)i ~ .. (1 ') '> \ .....1 U , I ' : ,- j ,- 'J'~', ..1.. , .. I O,NIM~ ~ c - .. .. I.. - -.; . 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L[GAL DESCRIPTION LOT J BLOCK 172 SANTA MONICA :iTflEET ADDRESS 1446 SANTA MONICA MALL APPLICANT RADIUS MAP FOn (p[b~rra1NJO ~@j (Q)~~~~r1F~-1J~~~lJ (:O'iili' O~ S......k.Jf;lc,..~a- C:!iILUr;:@~U~U& J U-~~ ....., ,,~ F lr..u~ '. 5 ~ I- !-:lX t?...:; ItL...,. ~~ ~ ACT ~~~ T 53 rsr ~'i? . ~ 34~ 97 .... ..g .L . ~~~~)).; -~"r ;.~_ 'or.,';is.' ..~:~ 1 ;i-. Iy..~ ~-1! li.{ , 1i> / Parking Structure B CASE NO ZONE DATC 7 - 2~-97 PUDUC HE ARING DATE A,,'...,C'nce'r All... M"p Sheer No j Q~ S}7-17{'1 3 J ,-, ,i -, oIIJ1f; L. '-:l. J ~ -1 ATTACHMENT 0 - 4 · ell ..... L ' J.. ~~ ! f- , ll::1 ~ ~ CITY OF :,-:..,- ", ~~'... CITY ~LANl-; ;"r "'Frler BAVSIDE DISTRICT CORPORATION 1351 ThIrd Street Promenade. Suite 301 Santa MOl1lca, Callfomia 90401 310393-8355 Fax 310 458-3921 "97 JM 10 ma:04 B \) "ll)] Dh 1H.ICl .r...1:JI___...._~___ June 9, 1997 Mr. David Martin Acting Senior Planner City of Santa Monica 1685 Main Street Santa Momca, CA 90401 RE: Chillers, 1446 Thud Street Promenade - Modification to CUP Dear DavId; As you know, representatives from Chillers restaurant have come before the BOC Board of Directors on several occasions to seek support for a modification to their CUP to aUow extended alcohol service and dancing at their establishment at 1446 Third Street Promenade. On all 1)( tJU)5f' OCC.aC;lOns ~he Board has opposed the modifications du.e to alcohol related prublf:lllS h"l the evening hours that affected surrounding businesses :md it1creased demands on lh~ Police Depaj~il";!nt REpresentatives from Clullers agam rrede a presentatlon to the Board seeking Board support for modification... to theIr CUP ~o allow extended hours oE operation and al~chal semce and dancing to d j music ChillPTS waf> able to show the Board that over lhl?' pdst trn rn.:.nth perio..1 thf'Y have put a gr~ater emphasis on food servtee, and have i'edaco?d the number of alcohol related mddences Repr~en!:ahvt'S from the PohcE' r.oEpal linent confirmed that Chillers had dramatically reduced the number of alcohol r~laled incidences FoJIowing a delalled dIScussion, the Board adopted a motIon to support the proposed modificabons to Chiller's CUP Wlth the foHowing conditions- Sound, dancmg, and alcohol servlce must end by 1-30 a.m.; thE:' site should be adequately sound msulated so as to reduce nOIse impacts to surroundmg bllioines~, the operation should be re.-lewed by the &yslde Land use and PubliC" Safety Committee every three months for one year, and every oliix months for the next year. Additionally, hours of liquor service for the outdoor dimng area must comply with current regulahons In place on the Pmmenade. Please include the Board's comments in the staff report to the Planning CommisslOn and Clty Coundl Thank you, and please glve us a call if you have any questions Kath een Rawson, r Exec hve Director' j cc. , BDC Board of DIrectors Ebzabeth Strahlstrom, Rezmk & Rezmk Gary Nolen, Chlllers "'ok C43 ~.v G44 ATTACHMENT E "'" . i.~l 4 - '-" J ...'\1 .oJ: C40 r U .-:~ ......._ '\" '1 -r- -."-.. " -....)1_ l'I'.L..c --r.""\. c\ J,,,"<~_ CITY OF SANTA MONICA INTERDEPARTMENTAL COMMUNICATION July 24, 1997 ~ n~ ::::Hl -<-< -.CJl U~ J:: ;--:" 1> c/, TO: LT. Miehle N ~~ U1 - ):,... FROM: Heineman 2919 -0 ~~ N -'c_ Ut """z 0''': SUBJECT: Chillers N In May of thiS year we met with members of the Bayslde District, the owner of Chillers, Gary Nolan, his counsel, and Sgt Page to discuss the proposed modification of Chillers' CUP 89-100 Dunng the past year the Santa Monica Police Department has been actively working with Chillers ownership and their staff We have specIfically addressed problems occurring at the establishment which caused an Increase In the calls for service Due our collaborative efforts there has been a dramatic reduction In calls for service and cItizen complaints The major areas of Improvement have placed emphaSIS on the menu rather than the alcoholic beverages being sold Additionally, the establishment focus has changed In an effort to appeal to an older, more mature clientele Our Department allowed Gary Nolan and Chillers to undertake selected special events that Involved danCing These special events have not resulted In any additional calls for service It was the deCISion of the Bayslde Dlstnct not to oppose the application for a change In the CUP With the condition that should It be granted by the City Council several safeguards would be set In place The safeguards are as follows (1) The operation of Chillers would be reviewed every three months for the first two years (2) If there are no problems Within the fIrst two years, there will be a revIew every SIX months to one year thereafter If the Santa MOnica Police Department feels the operation of Chillers causes an Increase In calls for service or becomes a cause of concern, the new CUP would be revoked and the operatIon of ChIllers would return to the condlhons of the onglnal CUP Chillers would have the nght to appeal the deCISion, but would have no nght to stay the revocation until the appeal process IS finalized In short, If the new C. U P were granted, and the ChIef deCided to revoke Chillers CUP It would Immediately revert back to the current hours and manner of operation until a final .'of- 047 diSposition was reached for their appeal It IS our feelIng If these conditions were to be Included In any new CUP for Chillers that the concerns of the Pollee Department would be adequately met Therefore we would not oppose the requested changes to the CUP :,r. .... 048 ATTACHMENT F 'PI", 043 l ~ t ~ t i ~ ; l" ~ l~ '"' 0 5 J LA~ jJL'~~ Z>/y.) .eu -Z/z /&' rs 7)t~ -:;--c. ~~. f1/ipyu~1 {!If /#7'tJ( ~~: ;j~ S~/ Ca? "lr-OIL CfTY OF ;;,:1 "1! ~::: ClfY ~U\~t-' ~ I~ 0fi!:'+C~ V7 Jti22. ~ 303 5~~/luntc~ U/ / '1 tlicJC fl,r _4fqA'V~_~ ~ L . ' ~d~~~~~ ca2 ~ g~.- ~vd;u, S-btevr /~~ ~ ~ ~ey~ ~~-~Af-~ ~/ ~ ~'c/4 ~~ r ~ v/~4xZ ~~~A ~~--~~ ~ ~ . ?- '- ~ ~~.~ ~ ~ ~ J 1!<.4- tdt <U- ..$]~#~~ ...... '- ~ J~ ) ~/<0~ / Lj :2--3 d-?!d! S -f;:J={ 30 J :;;~ jZ~c~ L'~r~ "'11'- 051 ClTY OF ~.W ~ ur, ern IILAN,bf'~ OPfit:: w SEP -9 P2 :11 /~,z;;; ~NP sr-#-3~1 ~:dt;14M;cV a:; 7'RL/fY/ . ~6J/r1/ C~ f?~~ Jp/d5rM {7 ~",e /:l- /v3S /J1~ 5L, ~~~ /~//-?'/ Ct:( ~t1f't7/ ~: r ~hL ./11;0 ~7- O/c:L 7?t175C r~ee-- 97-CJOI 7Jr Pad t!Jt ~~-~~'5~ .A CtMt ~ df~. ~ ~~ /U~~ 6-7..-.5L~~ L/r/c7(, /~O ~~ ~~4/ 6k ~ ~~~ ~ ~~~ ~ ~ck~ ~. ~~ Un ~ ~-(T ~~ ~~ ~y~~ ~ ~~ r:~ili~ rn .~~ J 1:d~~ ~:I! -n:;~) ~Vi.." ATTACHMENT G Photographs iGi~ G53 O t;..~ "fUll oJ..... i~~ -.:.,.- _ _~ r" ,... Itp- ~ _.~ ,...~4- r ~~ U5;; \: ~ CITY OF SANTA MONICA PLANNING COMMISSION STATEMENT OF OFFICIAL ACTION PROJECT CASE NUMBER ConditIonal Use PermIt 97-012 LOCA nON 1446 Thud Street Promenade APPLICANT. L Ehzabeth Strahlstrom, Esq / ChIllers Restaurant CASE PLANNER Gma SzIlak. ASSIStant Planner REQUEST ApplicatIon for a Conditional Use Permit (CUP) to convert an eXIstmg restaurant/bar with an approved Type-47 (On-Sale General for PublIc Eating Place) alcohol lIcense to a mghtclub \\<1th a 440 square foot dance floor and d J. music. The applicant requests a CUP amendment to extend the hours of operatIon (1 30 am dancmg/alcohol servIce. 2 00 am closing) and to allow dancmg Note NOlse Vanance (NV) applIcation was WIthdrawn. CEQA STATUS Categoncally exempt pursuant to Class 1 of the State CEQA GUIdelInes in that the addItion of a dance floor, d.]. mUSIC and modified hours of operation to an eXlstmg restaurant IS considered a mmor alteratIOn to an eXIstmg facIlIty , iili~ U57' .. PLANNING COMl\'IISSION A-CTION 9/17/97 Date xx Approved lImIted dancmg V,lth Temporary Use Permit and expanded alcohol service hours, demed mghtclub use request based on the [ol1o""ng findmgs and subject to the condmons below Demed Other EFFECTIVE DA TElS) OF ACTION{S) IF NOT APPEALED: October 2, 1997 CondItIonal Use Permit 97-012 EXPIRATION DA TElS) OF ANY PERMITS GRANTED: Apnl2, 1999 ConditIOnal Use Permit 97-012 (w/m Costal Zone" Eighteen Months) LENGTH OF ANY POSSIBLE EXtENSION OF EXPQU. TION DA TElS): Any request for an extensIon of the exprratIon date must be received in the Planning and Zomng Division pnor to eXpIratIOn of tlns permit. October 2, 1999 CondItional Use Pennit 97-012 (wntten request must be filed pnor to expiration date) FINDINGS: 1 The proposed nightclub use is one condItionally permItted WIthm the subject dIstnct (BSC-l m the Bayside DIstnct Specific Plan) however, the proposed change from restaurant to mghtclub operations will result III a second late-night entertamment faCIlIty withm the 1400 Block of Thud street, (a restaurantfbar and billiards hall was approved with danCIng/cover charges, 1 e. "nightclub"@ Gotham Ha111429-1431 Third Street), whIch would result man over concentratIOn of such uses III the 1400 block of the Promenade Because the eXlstmg restaurant IS currently permItted to be open until 2 am, the proposed change In the hours of alcohol servIce Villi not change the character of the restaurant 2 ~ WJI . ,.... tJ:J oj 2 The proposed mghtc1ub use would ImpaIr the Integnty and character of the dlstnct In WhICh It IS to be establIshed or located In that the addItIOn of a SIxth mghtcIub wlthm a mne block area (an entertamment facIhty whIch may proVIde dancmg, taped or hve musIc and charge a cover charge) would result In an over concentration of such faCIlItIes. However. the extensIOn of alcohol servIce hours from 1 am to 1 30 am In the dmIng room and from mIclrught to I 30 am In the bar v,'lll not Impmr the mtegnty of the dlStnct In that the extended hours of alcohol servIce are conSIstent WIth other establIshments 'Withm the area that are permItted to be open untIl 2 am 3 The subject parcellS physIcally SUItable for the type of land use bemg proposed m that It IS a standard parcel WIth no unusual charactenstlcs and the extended hours of alcohol servIce Will not change the character of the eXIstmg restaurant. 4 The proposed extended hours of alcohol service are compatIble With any of the land uses presently on the subject parcel If the present land uses are to remaIn m that the present land use IS a restaurant whIch IS permItted to be open untIl 2 am dlllly, and the servIce of alcohol untIl I 30 am WIll not change the character of the establIshment 5 The proposed mghtclub use would not be compatIble v;ith eXIstmg and penmssIble land uses within the dIStrIct and the general area m which the proposed use IS to be located, m that the zomng of the SIte condItIOnally permIts the Issuance of an alcohol lIcense for food service establishments WIth alcoholltcenses, however, It IS the CIty'S mtent to lirmt such outlets per block and the addition of a sixth mghtclub venue to the DIStnct would overburden the City's eXlstmg capabilitIes to proVIde adequate public safety, zomng enforcement, and nOIse protections for the mix of uses currently eXlstmg on the Promenade and the residents who live withm the area. The proposed extension of alcohol servIce hours is compatIble With eXIstmg 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 am 6 There are adequate proVISIons for water, sanitation, and pubhc utihnes 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 am are to an eXIsting facility and no additIOnal demand on public utI lines and servIces is annclpated. 7 Public access to the proposed use shall be adequate III that the restaurant IS located III the BaysIde DistrIct whIch IS adequately served by eXlstmg roads, tranSIt and parktng structures 8 The physIcal locatIOn or placement of the use on the sIte IS not compatlble WIth and does not relate harmomously to the surroundmg neighborhood III that the addItion of a Sixth mghtclub III the Bayslde District and a second mghtclub on the 1400 block of the Promenade would result In an over concentratIon of such uses III the area The extenSIon of the alcohol servIce hours Will relate harmomously to the surroundmg neIghborhood m that the restaurant IS 3 "'l i> r) 5 J ~ .. currently permltted to be open untIl 2 am and the additional alcohol service hours will not change the character of the restaurant 9 The proposed extended hours of alcohol servIce are conSIstent \\'1th the goals, obJectives. and pohcIes of the General Plan In that the Land Use Element of the General Plan encourages restaurants and uses that attract mghttIme actIVIty 10 The proposed mghtclub use would be detnmental to the pubhc health, safety, convemence. and general welfare m that the proposed rnghtclub IS not consIstent With the BaYSIde Dlstnct Specific Plan. which encourages a mix of uses mcludmg restaurants and reSIdential uses which serve both resIdents and VIsItors. and an additIonal mghtclub WIth amplIfied mUSIC and dancmg WIthJ.n the 1400 block of Thud Street is not compatible With residentIal uses The proposed expanSIOn of alcohol hours would not be detnmental to the public health, safety. convemence. and general welfare ill that the eXlstmg restaurant is permItted to be open untIl 2 am and the extension of alcohol hours WIll not change the character of the restaurant 11. The proposed use conforms preclsely to the applicable performance standards contained III Subchapter 9 04 12 In that no Performance Standard PermIt IS required. 12 The proposed rughtclub use will result m an over concentratIon of such uses in the immedIate vlciruty m that the proposed facility would result In SIX mghtclubs in the Bayside DistrIct and two mghtclubs on the Thrrd Street Promenade, wlnch IS inconsIstent WIth the City's goal to encourage restaurant uses where the consumptIon of food is the pnmary actIVIty and alcohol servIce and entertamment is ancillary The proposed extension of the hours of alcohol service Will not result m an over concentration of such uses in that the use IS an existmg restaurant which IS currently permItted to be open until 2 am i ,. . < ~ CONDITIONS: , .' '" I The restaurant hours of operatIOn shall be bmIted to 11.00 3.m to 2:00 a.m. {. t y 2. No alcoholIc beverages shall be sold prior to 11 00 a.m. daily or after 1 30 a.m. daily Plans ., .) ThIS approval IS for those plans dated September 21, 1997, a copy of whIch shall be mamtained m the files of the Cuy PlannIng DIVISIOn. Project development shall be conSIstent v.1th such plans. except as otherwIse speCIfied in these condItions of approval t "' ... &- t i I.- 4 The Plans shall comply WIth all other proVISiOns of Chapter 1. ArtIcle IX of the MunICIpal Code. (Zonmg Ordmance) and all other pertment ordinances and General Plan poliCIes of the CIty of Santa MOnIca 4 LK5~ ()DU 5 Mmor amendments to the plans shall be subject to approval by the Director of Planmng A sIgmficant change m the approved concept shall be-subject to Planmng CommIssIon R~vIew ConstructIon shall be m conformance WIth the plans subrrutted or as modIfied by the Plannmg COITnmSSlOn, ArchItectural ReVIew Board or DIrector of Planmng 6. ConstructIOn penod sIgnage shall be subject to the approval of the Architectural ReVIew Board " 7 Plans for final deSIgn, landscapmg, screemng. trash enclosures, and sIgnage that differs sIgmficantly from that approved for the ongmal bUIldmg shall be subject to reVIew and approval by the Arclutectural ReVIew Board VahdIty of PermIts 8. In (he 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 vlO]atIOn has been fully remedIed. 9 WItlun ten days ofPlanmng 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, agreemg 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 SIgmng same, apphcant shall not thereby waive any legal rights applIcant may possess regarding said condItlOns The SIgned Statement shall be returned to the Plannmg Division. Failure to comply with tIns condItIOn shall COnstItute grounds for potential permIt revocatIOn 10 Tlus determination shall not become effectIve for a period of fourteen days from the date of determmatIOn or, if appealed, until a fmal determmation IS made on the appeal Any appeal must be made in the form reqUIred by the ZonIng Admmistrator. ALCOHOL OUTLET CONDITIONS 11. A special dancmg permIt (e g a Temporary Use PermIt) shall be obtamed for a maxImum of 12 events per calendar year though the City Planmng Division The applicant shall pay the apphcable fee for thiS apphcation for every filing, however 12 calendar events may be filed ,vlth one apphcatlOn The applIcation shall mclude an annual tentatIve dance event schedule Any modlficatlOns to thiS schedule must be revlewed and approved by the Director of Plannmg and Community Development and SMPD (Vice DIVISIOn) pnor to the dance event for that calendar year PrIor to holdmg the first dance event, the applIcant shall be reqUIred to secure bUlldmg permIts to sound proof the bUlldmg per the Noise Ordmance guidelmes (e g upgrade the bUIldmg wuh double pane glass wmdow and proVide a double door entrance vestibule and Insulate any common bUIlding walls) The Drrector ofPlannmg 5 ~ - L! 5 i and Conunumty 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 (01) This permIt proVides for a hmlted dance venue ill conJunctlOn With the eXistmg restaurant alcohol hcense, therefore the estabhshment 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 servmg alcoholIc beverages m the outdoor dimng area shall be 11 30 pm (food service may contmue). or no later than the closmg of the associated food servIce of the estabhshment. wlnchever is first All alcoholic beverages must be removed from the outdoor dining area no later than 12 00 midmght 13 The owner shall control nOIsy patrons leavmg the restaurant 14 The premises shall have the capabIlity to serve food to patrons dunng all hours the estabhshment IS open for customers 15 The premises shall mamtam a kitchen or food-servmg 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~doWI1 use 18 No alcohohc beverage shall be sold for consumptIon beyond the m-door or out-door premises. 19 No hve entertamment shall be permItted on the premises 20 Fmal plans for any changes to extenor deslgn.landscapmg, trash enclosures. and/or signage shall be subject to reView and approval by the Arclutectural ReView Board 21 Mmor amendments to the plans shall be subject to approval by the Director ofPlanrung An Increase of more than 10% of the square footage or a slgmficant change In the approved concept shall be subject to Planrung Commission Review Construction shall be m substantial conformance With the plans submitted or as modified by the Plannmg ComnnsslOn, Architectural ReView Board. or Duector of Plannmg. 22 The apphcant shall comply With all legal reqUIrements regardmg proViSions for the disabled. IncludIng those set forth In the Cahforma AdmIntstratIve Code, TItle 24. Part 2 23 Refuse areas, storage areas, and mechanical eqUIpment shall be screened III accordance '\1th See 912712-4 (SMMC) Refuse areas shall be ofa size adequate to meet on-site need 6 -.., U 6 2 24 The operatIon shall at all tImes be conducted m a manner not detnmental to surroundmg properues or reSIdents by reason of lIghts. nOIse. -actIvItIes. parlang. or other actIOns 25 No nOIse generatmg compressors or other such equipment shall be placed adjacent to neIghbonng reSIdential bUIldIngs 26 The condItIons of thIS approval shall supersede all prevIOUS approvals on thIS property mcluding CUP 89-100 VOTE Ayes Nays Abstazn Absent Bradley, Gruber. Moench. Parlee, Weremmk, Zinner BreIsch NOTICE If tIns IS a final deCISIon not subject to further appeal under the City of Santa MOllica ComprehensIve Land Use and Zonmg Ordmance, the tIme WIthm 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 SectlOn 1 16.010 I hereby certify that this Statement of Official Action accurately reflects the final determination of the Planning Commission of the City of Santa Monica. D<~-.-~ s~e- U John S Zinner. ChaImerson /I-,s-- '7-' date 7 -iv.I C63 I herebJ" 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. Apphcant's SIgnature Pnnt Name and TItle F \PLAN\SHARE\PC\STOAS\97CLTP012 WPD 8 ~"" ... { I I f I I I J I I i f f ~ l ~ , il.'"'\ ; UlJi.! ATTACHMENT B )4... GG::i ,', f""'I f' ..Ii n' U b::J City of Santa Monica Department of Planning and Community Development Planning and ZOning DIvIsion (310) 458.8341 APPEAL FOAM Date Filed October 1, 1997 ReceIved By Receipt No - , . I N Ch~11ers arne . ~r~s. 1446 Third Street Promenade Contact Person _.B~ t h ~ t- r;i h 1 ~ t- rnm Phone _ (818) 5~3-6355 Please describe the project and decision to be appealed See Attachment Case Number 97 CVP-012 ~~~ 1446 Third Street Promenade ApDllcant _ Chi,llers . Original Hearing Date september 3, J 997 Orginal AClIOn ~epte!llPer 17 I 1997 Please state the specifIC reason{s) for the appeal See Attachment . Please provide two self-addressed, stamped, letter-sized envelopes rot ." ~ 1 ;~ -, -..J ( ATTACHMENT TO APPEAL- CUP No. 97-012 ApplicatIOn to modIfy CUP Xo 89-100 approved for ChIllers' eXIstmg restaurant and bar specIfically, condItIOns Nos 2 and 11 to pemnt servIce of alcohol In the restaurant and bar area untIl 1 30 a m, and CondItIon No 18 to permIt danCIng to taped dJ musIc three mghts per week on a 440 square-foot dance floor (Thurs-Sat), a request whIch reqUIres the approval of a mghtc1ub CUP ChIllers appeals the demal of Its requested mghtclub CUP and authonzatIOn to use the faCIlity as a mghtclub ChIllers appeals the hmItatIOn on Its abIlity to offer Its patrons danCIng to d J mUSIC to 12 mghts per year Chlllers appeals the condItIOn Imposed by the Planmng CommISSIon wInch proInbIts the ImpOSItIon of a cover charge on the 12 mghts when Clullers offers Its patrons dancmg to taped d 1 mUSIC ChIllers appeals the condItlOn that It must make soundproofing Improvements In accordance \\lth the NOIse OrdInance in order to offer Its patrons danCIng to taped d J mUSIC 12 mghts per year, yet cannot charge a cover charge The condItIons are overly restrIctIve and do not permIt ChIllers a reasonable return on the mvestment reqUIred by the soundproofing reqUIrements of the NOise OrdInance It IS inappropnate to reqUIre the constructIOn of structural soundproofing for amphfied D.l mUSIC permItted twelve (12) mghts per year If Clnllers IS reqUIred to complete structural soundproofing improvements, It should be pemutted to offer Its patrons danclOg to taped d J mUSIC more than 12 mghts per year and should be permItted to charge a cover charge on the mghts It offers danclOg to taped d J mUSIC. .:eo , ,I ,,-, -. be" ATTACHMENT C ,.; <, [} 5 J ... . I) p. U.' v ( CITY OF SANTA MONICA INTERDEPARTMENTAL COMMUNICATION July 24, 1997 ~ nQ =i-:l. -<-< -va t{~ F -...,., :1>{/ TO: LT. Miehle N ~~~ Vi -. - - ~ )--~ FROM: Heineman 2919 -0 ~..,== N .'r~ Vi ~:~ f? ':: SUBJECT: Chillers N In May of this year we met with members of the Bayslde Dlstnct, the owner of Chillers, Gary Nolan, hIs counsel, and Sgt Page to dIscuss the proposed modIfIcation of Chillers' CUP 89-100 Dunng the past year the Santa Monica Police Department has been actively working With Chillers ownership and their staff We have specifically addressed problems occurring at the establishment which caused an Increase In the calls for service Due our collaborative efforts there has been a dramatIc reduction In calls for service and CitIzen complaInts The major areas of Improvement have placed emphaSIS on the menu rather than the alcoholic beverages being sold Additionally, the establishment focus has changed In an effort to appeal to an older, more mature clientele Our Department allowed Gary Nolan and Chillers to undertake selected special events that Involved danCing These special events have not resulted In any addltlOna! calls for service It was the deCISion of the Bayslde Dlstnct not to oppose the application for a change In the CUP With the condition that should It be granted by the City Council several safeguards would be set In place The safeguards are as follows (1) The operation of Chillers would be reViewed every three months for the first two years (2) If there are no problems Within the fIrst two years, there WIll be a revIew every SIX months to one year thereafter If the Santa MOnica Police Department feels the operation of Chillers causes an Increase In calls for service or becomes a cause of concern, the new CUP would be revoked and the operation of Chillers would return to the conditions of the Original CUP Chillers would have the right to appeal the deciSion, but would have no right to stay the revocation until the appeal process 15 finalized In short, If the new CUP were granted, and the Chief deCided to revoke Chillers CUP It would Immediately revert back to the current hours and manner of operatIon untIl a fInal ";i~ l~71 dISpositIon was reached for theIr appeal It IS our feeling If these condItions were to be Included In any new CUP for Chillers that the concerns of the Pollee Department would be adequately met Therefore we would not oppose the requested changes to the CUP ArP j ~ [.-' .., ) .fl...