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
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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
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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'
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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 -
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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
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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
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ATTACHMENT B
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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
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L[GAL DESCRIPTION LOT J BLOCK 172
SANTA MONICA
:iTflEET ADDRESS 1446 SANTA MONICA MALL
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PUDUC
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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
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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
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ATTACHMENT E
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CITY OF SANTA MONICA
INTERDEPARTMENTAL COMMUNICATION
July 24, 1997 ~ n~
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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
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ATTACHMENT F
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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
,
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U57'
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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
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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
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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
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CONDITIONS:
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The restaurant hours of operatIOn shall be bmIted to 11.00 3.m to 2:00 a.m.
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2. No alcoholIc beverages shall be sold prior to 11 00 a.m. daily or after 1 30 a.m. daily
Plans
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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
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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
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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
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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.
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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
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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
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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.
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John S Zinner. ChaImerson
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date
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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
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ATTACHMENT B
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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 - ,
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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
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Please provide two self-addressed, stamped, letter-sized envelopes
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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.
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ATTACHMENT C
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CITY OF SANTA MONICA
INTERDEPARTMENTAL COMMUNICATION
July 24, 1997 ~ nQ
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TO: LT. Miehle N ~~~
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FROM: Heineman 2919 -0 ~..,==
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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
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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
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