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P&Z:DKW:DM:PC/CUP92041 Santa Monica, California
Planning Commission Mtg: November 4, Y992
T0: The Honorable Planning Commission
FROM: Planning Staff
SUBJECT: Conditional Use Permit 92-041
Address: 1245 3rd Street Pramenade
Applicant: Hamburger Hamlet of Santa Monica, Inc.
INTRODUCTIdN
Action: Application for Conditional Use Permit to allow the is-
suance of a Type-47 (on-sale general) alcohol license to be used
in con~unction wi,th a 246-seat restaurant. The praposal meets
all applicable development standards.
Recommendation:
Approval with Conditions
Permit Streamlin~ng Expiration Date: March 10, 1992
SITE LOCATION AND DESCRIPTION
The subject property is a 7,125 square foot parcel located on the
east side of the Third Street Promenade between Wilshire
Boulevard and Ariaona Avenue. Surrounding uses consist of a one
story retail building on the adjacent lot to the north (C3C) , a
one story building containing a vacant retail space and Acme
Cookie on the adjacent lot to the south (C3C), City parking
structure ~1 across Third Court Alley to the east (C3C), and one
story retail buildings across Third Street Promenade to the west
(c3c~ .
Zoning District: C3C
Lana Use District: Downtown Core
Parcel Area: 40' X].50' (irregular) = 7,125 square feet
PROJECT DESCRiPT~aN
Proposed is the issuance of a Type-47 alcohol license to be used
in conjunction with a 246-seat restaurant. The restaurant would
includ~ 120 seats in the "Main Dining Area," 75 seats in the
"Hamlet Room," a 12-aeat bar and a 38-seat outdoor dining area.
No entertainment is proposed.
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.
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CEQA STATUS
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The project is categorically exempt per the City af Santa Monica
Guideiines for Implementatian of CEQA, Ciass ~(14),
RENT CONTR~L STATUS
The project does not involve any residential units.
FEES
PUBLIC NOTIFICATION
Pursuant to Municipal Coda Sectian 9130.8, within 30 days after
the subject application was deemed complete, the applicant posted
a sign on the property stating the fal~owing information:
Praject case number, brief praject description, name and
te~ephone number of applicant, site address, date, time and
location of public hearing, and the Planning and Zoning Division
phone number. It is the applicant's rasponsibility to update the
hearing date if it ~s changed after posting.
In additian, pursuant to Municipal Code Sectian 9131.5, notice of
the public hearing was mailed to all owners and residential and
commercial tenants of property lacated within a 500 foot radius
of the project at least ten cansecutive ca~endar days prior t~
the hearing. A cdpy of the notice is contained in Attachment S.
ANALYSIS
Background
In September of 1992 the City Council, adopted an emergency or-
dinance which limits the number of alcahol outlets per block in
the proposed Hayside District 5pecific Plan area. In most
blocks, the Council's action restricted the number of outlets to
what currently exists, However, in an effort to attract people
to the narth block of the Promenade and balance the level of ac-
tivity in the Specific PZan area, the Council allawed for one
additional out~et in the ~200 Block of the Promenade. Although
the addit~.onal outlet ~.s not specifically targeted for the sub-
ject location, the Council stated that the outlet should be a
moderately priced, far~ily restaurant.
Project Design
The restaurant will lae located in a 7,125 square foot portion of
a building located on the east side of the Third Street Prome-
nade, with a frontage of 4~' an the Promenade and 55' on the rear
alley. The configuration af the restaurant is such that only a
40' long portion of the building's Promenade €rontage is being
utiiized, thus leaving 15~ of frantage for retail use. The res-
taurant will include a~20-seat main dining area, a 76-seat "Ham-
let Raom", a 12-seat bar and a 38-seat outdoor dining area. In
addition, there will be an 11-seat waiting area. The appliaant
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has stated that no food or beverages will be ~erved in the wait-
ing area.
Parking
The praject is located in the Downtown Parking Assessment Dis~
trict and is not required to provide parking. Aocording to the
Parking Demand Analys~s for the Third Street Promenade/Bayside
District prepared by Kaku Associates in May of 1991, at that
time, the six City parking structures were operating at a weekday
peak of 6~~ occupancy, resulting in a surp~us of 1,252 parking
spaces, and a weekend peak occupancy of 61~, resulting in a sur-
plus af 1,2z8 parking spaces. Based on the surplus of available
parking in the structures, the facility is not expected to result
in a shortage of parking. Furthermore~ a portian af the res-
taurant's custamers wil~ be office workers, theatre patrans, and
other peopZe who are already in the area.
Alcahol License
Within a 500~ radius of the s~~e, there are seven Type-41 {on-
sale beer ahd wine for p~blfc eating place) alcahol licenses and
eight Type-47 (on-sale general for public eating place} alcohol
license. These include the following:
Type-41 (On-Sale Beer and Wine for Public Eating Place)
Reel Inn (220 seats) ~220 Third Street Promenade
Earthbeat Bistro (50 seats) 1232 Third Street Promenade
Cibo {49 seats) ~246 Third Street Promenade
Gaucho Grill (84 seats) ~25Z Third Street Promenade
Brava Cucina (80 seats) Z3i9 Third Street Promenade
Papa George~s (50 seats) 1321 Third Street Promenade
Vic's Restaurant (99 seats) 1333 Third Street Promenade
Type-47 {an-Sale General for Public ~ating Place)
Eurapa Project (360 seats) 1201 Third Street Pra~aenade
12i2 Third Street (270 seats) Z212 Third Street Promenade
3rd St. Pub and Grill (105 seats) iaaa Third Street Promenade
Legend's (300 seats) 1311 Third Street Pramenade
Light Hause (90 seats} 201 Arizona Avenue
Loconda Del Lago (220 seats} 225 Arizona Avenue
Bab Burns (183 seats) 202 Wilshire Boulevard
Pentola Traverina (145 seats) 312 Wilshire Baulevard
In addition to the outlets listed above, a Conditiflnal Use Permit
is pending to allow the issuance af six Type-4~ alcohol licenses
for the Cr~terion Plaaa Food Court at 13i5 Third Street Prome-
nade. In response to a reqt~est for comments from the Police De-
partment about the proposed outlet, a representati~e stated that
the Police Department has an overall concern abaut the number of
alcohol Qutlets in the area of the Third Street Promenade.
However, the Police Department did not have any specific camments
regarding the proposed outlet.
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Conclusian
The issuance of a Type-47 alcoho]. license for the subject res-
taurant ca~nplies with the provisions of the Zoning Ordinance, the
Third Street Mal~ Specific Plan and Ordinance 3.644 (CCSj. Ade-
quate parking is availab~e ~n the City parking structures. With
the recammended conditions of approval, the use w~ll be com-
patible with existing uses in the Sayside District.
REC4MMENDATI~N
It is recommended that the Planning Commissicsn approve Condition-
a~ Use Permit 92-041 sub~ect to the follawing findings and
conditions:
FINDINGS
~. The proposed use is one conditionally permitted within the
subject district and complies with ali of the applicable
proviaions of the "City of Santa Monica Comprehensive Land
Use and Zoning Ordinance", in that an alcohol ].icense in
con~unction with a fovd service is conditionally permitted
in the C3C district of the Zoning Ordinance and in Zone 1
of the Third Street Mall Specific Plan.
2. The proposed use would not impair the integrity and
character af the diatrict ~n which it is to be established
or located, 3n that the Third Street Mall Specific Plan
encourages food uses and alcohol service will be ancillary
to the food service functian of the establiahment,
3. The sub~ect parce~ i~ physically suitable gor the type of
land use being proposed, in that the parcel is a standard
lot with na unusual characteristics.
4. The proposed use fs compatible with any of the land uses
presently on the subject parcel if the present land uses
are to remain, in that the issuance of an alcohol license
is compatible with the allowed restaurant use.
5. The proposed use would }ae compatible with existing and
permi.ssible land uses within the district and the general
area in which the propased use is to be located, in that
the zoning of the site canditional~y permits the issuance
of an alcohoZ license for food service establishments.
6. There are adequate provisions for water, sanitation, and
public utilities and services to ensure that the proposed
use would not be detrimental to public health and safety,
in that the site is located in an urbanized area adequate-
ly served by existing in~~astructure.
7. Public access to the proposad use will be adequate, in
that parking will be provided in the City parking
structures.
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8. The physica~location or pZacement of ~e usa on the site
is compatible with and relates harmoniously to the sur-
rounding neighborhood, in that the proposed alcohol
license will be for an allawed restaurant which is consis-
tent with the C3C district zaning.
9. The proposed use is consistent with the goals, ob~ectives,
and policies of the General PZan, in that the Land Use
Element of the General Plan ~ncourages restaurant uses on
the Third Street Promenade.
10. The proposed use would not be detri~ental to the public
interest, health, safety, con~enience, or general welfare,
in that the proposed use is consistent with the Zoning
Ordinance, the Third Street Ma~l Specific Plan and the
Land Use Element of the General Plan.
11. The proposed u~e conforms precisely to the applicable per-
formance standards contained in Subchapter 6, Section 9050
and special conditions o~tlined in Subchapter 7, Seotion
9055 of the City of Santa Monica Comprehensive Land Use
and Zoning Ordinance, in that na performance standard per-
mit is required.
12. The proposed use will not result in an overconcentration
of such uses in the immediate vicinity, in that the pro-
posed alcahol liaense will be for a restaurant no enter-
tainment, consistent with the goals and objectives af the
Third Street Mall Specific Plan and in that the area is in
the downtown portion of Santa Manica which is frequented
by large numbers of loca~ residents as well as affice
workers, shoppers, movie patrons and visitors from autside
the City. Furthermore, this type of outlet has not con-
tributed significant].y to alcohol related problems in the
downtown area.
ALCQHOL OUTLET FINDINGS
l. The proposed use and location are in accordance with good
zoning practice, in th~ public interest, and necessary
that substantial ~ustice be done in that the alcohol
license will be far an a2lowed restaurant with no separate
bar area or entertainment.
2. The proposed txse will not adversely affect the welfare of
neighborhaod residents in a significant manner in that the
food court will ~e located in a commercial area, away from
any major residential uses.
3. The proposed use will not contribute to an undue
concentratian of aicohol outlets in the area in t~at a
restaurant with no separate bar area or entertainment is
not typ~cally considered to contribute to objectianable
problems associated with a].cohol outlets, and in that the
area is i.n th~ downtown partion of Santa Monica which is
frequented by large numbers of lacal r~*sidents as well as
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office workers, shoppers, movie patrons and visitors from
outside the area. Furthermore, this type of autlet has
not contributed significantly to alcahol related prablems
in the dawntown area.
4. The proposed use will not detrimentally affect nearby
neighborhoods considering the distance of the al~ohol
outlet to residential bu~ldings, churches, schools,
hospitals, playgrounds, parks, and other existing alcahol
outlets in that the cond~tions for approval, such as the
requirement that the establishment operate with no
separate bar area or entertainment, will minimize the
potential affect on the residential uses in the vicinity..
5. The proposed use is compatible with existing and potential
uses within the general area in that the restaurant is in
a commercial and entertainment district, and a restaurant
with an alcahol license is campatib~e with permitted uses.
6. TrafEic and parking congestion will not result from the
proposed use in that parking for the restaurant is
avai].able in the City parking struct~res.
7. The public health, sa~ety, and genera~ welfare are
protected in that the projact is consistent with the
provisians af the Zoning Ordinance, the Third Street Mall
Specific Plan and the Land Use Eiement af the General
P].an.
8. No harm ta adjacent properties will result in that the
conditions of approval wi11 ensure that the establishment
operates as a restaurant with no separate bar area ar
entertainment.
9. The proposed use ~.s consistent with the ob~ectives of the
General Plan in that the Land Use Element of the General
Plan designates the area as the "Downtown Care" and
encourages uses which attract nighttime activity.
ALCOHOL ~UTLET CONDITIONS
1.
2.
3.
4.
The primary use af the premises shall be for sit-dawn
dining for patrons.
The premises shall maintain a kitchen or food-serving area
in which a variety of food i~ prepared and cooked on the
premises,
Food service shali be availabie during all hours the
establishme~t is open for business.
Seating arrangements for sit-down patrons shall not exceed
246 seats.
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5. No alcoholic be~erage shall be sold for consumption beyond
the premises.
6. No dancing or live entertainment shall be permitted on the
premises.
7. The primary use of the outdoor din~ng area sha~l be for
seated food service.
8. Parmitted hours of alcohol service shali be 9:a0 A.M. to
1:00 A.M. Sunday through Thuraday, and 9:00 A.M. to 2:00
A.M. Friday and Saturday. Alcohol service in any outdoor
seating area shall cease one hour in advance of the
operating hours otherwise permitted.
9. Final plans for the outdaor seating area shal~ be subject
to approval ef the Sayside District Corporation, General
services Department, Economie Development Division, and
the Architectural Review Baard.
10. Except far special events, alcohol shall not be sold in
any disposable container such as di.sposabZe plastic ar
paper cup.
11. No more than three video or other amusement gam~s shall be
permitted on the premises.
32. No more than 35$ of tatal gross revenues per year shall be
from alcohol sales. The operator shall maintain records
of gross revenue sa~rces which shall be available to the
City of Santa Monica and the ~tate ABC upon request.
~3. For any minimum purchase per patron, establishments shall
permit the minimum to be satisfied with the purchase of
food, as well as alcoholic and non-alcoholic beverages.
14. Owners of the establishment shall prohibit loitering in
the immediate vicinity and shall control noisy patrons
leaving the establishment.
15. No expansian in number of seats, intensity of operation,
or outdoor areas shall occur without prior approval from
the City of Santa Monica and State ABC.
16. Prior to issuance of a alcohol license from the ABC, the
operator shall submit a plan for approval by the Director
of Planning regarding emplo~ee alcohol awarenass training
programs and policies. The plan shall outline a mandatory
alcohol awareness training pragram for all employees
having cantact with the pub~ic and shall state
management's policies addressing alcohol consumption and
inebriation. The operatar shall provide City with an
annual compZiance report regarding compliance with this
candition. This project shall be subject to any future
City-wide alcohal awareness training program conditian
affecting similar establishments. The plan sha~l. also set
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forth a"designated driver" program, which shall be
offered by the operator of the establishment to patrons.
17. Prior to issuance of a Certificate of Occupancy, or a
business ~.icense, as app~icable, the applicant shall
submit a secexrity plan ta the Chief af Po].ice for review
and approval, The plan shall addres~ both physical and
operatianal securi~y issues.
18. Final plans for any changes to exterior design,
landscaping, trash enclosures, and/or signage shal~ be
sub~ect to review and approval by the Architectural Review
Board.
19. Minor amendments to the plans shall be subject to approva~
}ay the Director of Planning. An increase of more than 10~
of the square footage shall be subject to Planning
Cammtssion Review. Construction sha11 be in substantial
conformance with the plans submitted or as madified by the
Planning Commission, Architectural Review Board, or
Director of Planning.
20. The applicant shall comp].y with all legal requirements
regarding provisians for the disabled, including those set
forth in the California Administrative Code, Tit1e 24,
Part 2.
21. Refuse areas, storage areas, and mechanical equipment
shall be screened in accordance with Sec. 9127J.2-4
{SMMC). Refuse areas shal~ be of a si~e adequate to meet
on-site need.
22. The operation shall at alI times be conducted in a manner
nat 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 neighbo~ing residential
buildings.
24. Within thirty (30) days from date of approval (if
approved) the applicant shall provide a copy of the
Statement of Official Action for this approval to the
local office of the State AlcohoZic Beverage Control
department.
25. This permit shal~ expire one year from the sffective date
of approval unless required ABC permits are obtained and
the alcohol permit is being utilized. One ninety (90) day
extension of the one year period may be permitted if
appraved by the Directar of Planning. Applicant is on
notice that an extension may not be granted if development
standards relevant to the pro~ect have changed since
project approval.
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26. Applicant is on notice that all temporary signage is
subject to the restrictions of the City sign ordinance.
2'1. The restaurant shall install an interceptor with ~000 gal-
lons minimum holding capacity. The General Services De-
partment may modify the above requirements only for good
cause. Specifically, the facility must demonstrate to the
satisfaction of the Industrial Waste Section and Building
and Safety Divisian that interceptor installation is not
feasible at the site in question.
Prepared }ay: David Martin, Associate Planner
Attachments:
A. Municipal Code and General Pian Canformance
B. Notice of Fublic Hearing
C. Radius and Location Map
~. Project Plans
DM
PC/CUP92041
10/28/92
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ATTACHMENT A
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MUNICIPAL CODE AND GENERAL PLAN CONFORMANC~
Land Use
Categorp Element Municipal Code
Permitted Use Same as Restaurant with
Code alcohol with CUP
Pro~ect
Restaurant with
alcohol
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PLANNIN(~ COMMI88ION
STATLMENT OF OFFICIAL ACTION
PROJEGT
CASE NUMBER: Condit~onal Use Permit 92-041
LOCATION: 1245 3rd Stre~t Promenad~
APPLICANT: Hamburger Hamlet of Santa Monica ~nc.
CASE PLANNER; David Martin, Associate Planner
REQUEST: Application for a Conditional Use Permit to
allow the issuance of a Type-47 (on-sa~e
general) alcaho~ license to be used in eon-
junction with a 2~6-aeat restaurant.
CEQA STATUS: The pro~ect is categorically exempt per the
City of Santa Monica Guideiines for Implemen-
tation of CEQA, Class 1(14).
PLANNING COMMISSION ACTION
12/02/92 Dz~te.
Approved based or~ the following findings and
sub~ect to the conditions below.
Denied,
XX ather; Denied for lack af four affirmative votes.
EFFECT~VE DATE OF ACTI4N IF NOT APFEALED:
12/37/92 Cage #CUP 92-~41
VOTE
Ayes: 0'Connor
Nays: Gilpin, Mechur, Po~hemus
Abstain:
Absent:
NOTICE
If this is a final decision not subject to further appeal under
the City of Santa Monica Comprehensive Land Use and Zoning 4r-
dinance, the time within which ~udicial revisw of this decision
must be svught is governed by Code of Civil Procedure Section
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1094.6, which provisian has been adopted by the City pursuant to
Municipal Code Section 1404.
I hereby certify that this Statement of Official Aation acaurate-
1y retieats the final determination of the Flann~ag Commission o~
the City of Santa Monica.
~ ~~ 1~b9,~
sitig tu~e ' date~
Ralph Mechur~ Chairperson
Please Print Name and Title
z hereby aqree to the abave ccnditians cf approval and
acknay,rledge that ~ailure to oosnply wi~h such canditions sha~l
cor~stitute graunds for potential revocatio~ af the permit
approval.
Applicant's Signature
Print Name and Title
PC/ST92~41
DM
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