SR-101188-12A
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council Mtg: October II, 1988
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Santa Monica, CaLlfornia
TO: Mayor and City council
FROM: city Staff
SUBJECT: Appeal of Planning commission Technical Denial of CUP
508, A Request to Permit the On-site sale of Alcohol at
a 349 Room Hotel Located at 1700 Ocean Avenue.
INTRODUCTION
This report recommends that the City Council reverse the Planning
Commission's denial of Conditional Use Permit (CUP) 508, and
approve the request to serve alcohol at the 349 room hotel under
construction at 1700 Ocean Avenue.
At the August 17, 1988
meeting of the Planning Commission the the subject request was
technically denied by a vote of 3-1. william Kamer, of the Law
Offices of Cox, Castle and Nicholson, has appealed the Planning
commission' 5 determination on behalf of the project applicant,
Santa Monica Hotel Associates, Ltd. (Attachment A).
BACKGROUND
On August 17, 1988, the Planning commission denied Conditional
Use Permit 508, a request to permit the on-site sale of alcohol
in a 349 room hotel currently under construction at 1700 Ocean
Avenue, by a vote of 3-1. Specifically, the Planning commission
denied the applicant's request for a Master 48 alcohol license.
A Master 48 license allows the sale of alcohol in all areas of a
public hotel.
Under the subject proposal, alcohol will be
available in a 300 seat restaurant to be located on the first
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floor of the hotel, a first floor lobby lounge, nine meeting
rooms to be located on floors one through four, a ballroom to be
located on the second floor, at a bar to be located in the
outdoor pool area, in all rooms through room-service, and in each
room through the use of self serve mini-bars. Proposed hours of
operation for all restaurant and bar areas will be from 6:00 a.m.
to 2:00 a.m., 7 days a week. A more detailed description of the
proj ect may be found in the Planning Commission staff report
dated August 17, 1988 (Attachment B).
The Planning commission denied the subject proposal based on the
applicant's request to permit in-room mini-bars. The Planning
Commission's main argument against the use of mini-bars was that
alcohol could be obtained by minors, and that alcOhol would be
available after alcohol service has been stopped at all public
bars and restaurants. The Planning Commission stated that the
possibility of minors obtaining alcohol from the in-room
mini-bars, and the availability of alcohol after normal operating
hours could possibly lead to greater incidents of public
drunkenness at the beaches, and in the adj oining neighborhood,
and that the CUP should be denied .
ANALYSIS
Planning staff feels that a Conditional Use Permit allowing
on-site alcohol sales should be approved. The hotel, when
originally approved by the City Council, included proposals to
operate dining, ballroom and meeting rooms facilities and the
on-site sale of alcohol was clearly intended. A condition of the
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project's approval was that a Conditional Use Permit be obtained
pursuant to Ordinance 1319 in order to serve alcohol in the
hotel. The applicant is attempting to meet the requirements of
Ordinance 1319 with the subject application.
Planning staff feels that the Planning commission's concern over
the potential use of the mini-bars by minors can be addressed. A
condition requiring that the mini-bars have a key separate from
the room key, and that the mini-bar key be issued upon check-in
only to persons of legal age. This condition may be placed on
the project by the Council if desired.
Planning staff feels that on-site sale of alcohol has
consistently been a part of this proposal and will not adversely
impact the surrounding neighborhood, or contribute to an
over-concentration of bars in the area.
BUDGET/FINANCIAL IMPACT
The recommendation presented in this report does not have any
budget or fiscal impact.
RECOMMENDATION
It is respectfully recommended that the Council reverse the
Planning Commission's denial of CUP 508, and approve the
applicant's appeal. If the council reverses the Planning
commission's determination, the findings and conditions contained
in the August 17, 1988 Planning Commission staff report should be
adopted (Attachment B). If the Council chooses to deny the
appeal, and uphold the Planning Commission's determination, the
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findings contained in the Planning Commission statement of
Official Action (Attachment C) should be adopted.
Prepared by: Larry Miner, Assistant Planner
Paul Berlant, Director of Planning
Planning Division
Community and Economic Development Department
Attachments: A. Appeal letter dated August 19, 1988
B. August 17, 1988 Planning Commission staff Report
C. August 17, 1988 Planning Commission Statement of
Official Action
D. Project Plans
LM:CA
CUP508CC
HP/Tempcc
09/22/88
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CITY PLANNING DIVISION
Community and Economic Development Department
MEMORANDUM
7'bz-L/07
DATE: August 17. 1988
TO: The Honorable Planning Commission
FROM: Planning Staff
SUBJECT: Conditional Use Permit 508
Address:
Applicant:
1700 Ocean Avenue
Santa Monica Hotel Associates, Ltd.
Loew's Hotel
SUMMARY
Action: Application for Conditional Use Permit to allow the on-
site sale of alcohol in a 349 room hotel currently under con-
struction at 1700 Ocean Avenue.
Recommendation: Approval
SITE LOCATION AND DESCRIPTION
The subject property is a 2.68 acre parcel located on the west
side of Ocean Avenue between Autoway and Vicente Place having a
frontage of 400' along both Ocean Avenue and Appian Way. Sur-
rounding uses consist of multi family residential to the
north, south, and west (R4), and commercial uses to the east (CA).
Zoning Districts: R4
Land Use Districts: Residential Visitor Commercial
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Parcel Area: 2.68 acres
PROPOSED PROJECT
This is an application to permit the on-site sale of alcohol in a
349 room hotel currently under construction at 1700 Ocean Avenue.
Hours of operation will be from 6 a.m. to 2 a.m. 7 days a week.
Alcohol sales and service will occur within a first floor res-
taurant (290 dining seats + 15 bar seats), the main lobby (118
lounge and bar seats), a meeting room on the first floor (1,710
square feet, 110 person maximum capacity), eight board rooms on
floors 2 through 4 totaling 7,100 square feet, and a 6,342 square
foot ballroom on the 2nd floor. In addition, alcohol will be
available in the pool area, and in the individual hotel rooms
through room service and in-room mini bars. Specifically, the
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applicants will be requesting a master type 48 on-sale general
spirits license for a bonafide eating place, and a type 66
license for in room mini bars from the Alcohol Beverage Control.
According to the ABC, a master type 48 license allows alcohol
service in all dining, lounge and meeting areas associated with a
hotel establishment.
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.
CEQA STATUS
The subject proposal is Categorically Exempt per the city of San-
ta Monica Guidelines for the Implementation of CEQA, class 1(1).
FEES
The proposal is not subject to any housing or parks mitigation
fees as required under Ordinance 1367.
ANALYSIS
Background
The subject proposal was scheduled for the June 15, 1988 Planning
Commission meeting. The applicant, however, requested a con-
tinuance in order to discuss concerns over conditions contained
within the staff report. On July S, 1988, staff met with the
applicant and agreed to revise the staff report to reflect their
concerns. The following revisions were made:
1. Condition 1 was revised from "There shal. be no alcohol
service in the hotel lounge and bar area after mid-
night. Alcohol service may continue after midnight in
all dining areas so long as meals are being prepared
and served. Alcohol service at the pool bar and
through room service may continue as permitted by the
Alcohol Beverage Control" to "There shall be no alcohol
service in the pool area to the general pub I io after
10:30 p.m....
2. Condition #4 I1In order to maintain the primary use of
the premises for sit-down meal service, patrons shall
not be permitted to use the restaurant bar unless they
are waiting to be seated for meal service. Use of the
lounge bar shall be limited to hotel patrons, and
guests of hotel patrons."; condition #7 "Seating ar-
rangements for sit-down patrons shall not exceed 305
seats, and the total number of seats shall not be ex-
panded by more than 10% unless approved by the Director
of planning.lI: and, condition #8 IINo additional seating
shall be added unless additional parking is provided."
have all been deleted.
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On May 21, 1985 the city Council, on appeal from the Planning
Commission, approved the 5 story, 349 room hotel currently under
construction at 17QO Ocean Avenue. That approval included 2 res-
taurants with a combined total of 300 seats, a banquet room on
the first floor, a lobby lounge on the first floor, board rooms
totaling 7,100 square feet located on floors 2-4, and a ballroom
of 6,324 square feet located on the second floor. A condition of
approval required the applicants to meet the requirements of Or-
dinance 1319 in order to serve alcohol on-site. Ordinance 1319
requires the granting of a cUP in order to serve alcoholic
beverages in restaurants over 50 seats, and bars not classified
as bona fide restaurants.
Conditional Use Permit For Alcohol service
Within a 500' radius of the hotel site there are 3 type 47 al-
cohol licenses (on-site general spirits for bona fide eating
place) 1 type 48 license (on-site general spirits for pUblic
premises, bar) and 1 type 21 license (Off-site sales, general
spirits). Based on 1980 census figures, the residential popula-
tion within 500' of the hotel site is approximately 59B persons.
The Alcohol Beverage Control guidelines state that an over con-
centration of alcohol outlets may occur if an area has more than
one on-site sale license for each 800 residents. Planning staff
does not feel that these guidelines are appropriate in this case
since the project is located within a visitor commercial serving
area of the city, and the original project approvals took into
account the possibility of alcohol sales and service associated
with the hotel.
The proposed on-site sale of alcohol will not adversely impact
the neighborhood surrounding the hotel, or contribute to an over-
concentration of bars in the area. The primary function of the
lounge and poo' bars, and alcohol service in meeting rooms will
be to serve hotel patrons. Alcohol service in the restaurant
will be available during dining hours only, and as such is not
considered a true bar. Adequate parking is provided so that the
people using the restaurant and banquet rooms will not adversely
impact the neighborhood. A previous condition of approval placed
on the hotel requires that management:
1. Upon taking meeting/banquet room reservations, hotel
management shall routinely encourage that vehicle occu-
pancy among attendees be maximized;
2. Regulate meeting and banquet schedule to group sizes
that can be accommodated with on-site parking capacity
at times when additional off-site capacity cannot be
secured~ and,
3. Provide a valet parking system in a portion of the
parking garage during peak events to obtain additional
aisle and tandem spaces. The layout shall be approved
by the City Parking and Traffic Engineer.
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staff is concerned that the hotel lounge not evolve into a seper-
ate bar operating apart from the hotel and restaurant. The use
of the hotel lounge should be strictly regulated and food service
required during all hours of operation. Any attempt to operate
the lounge, as a seperate bar apart from the hotel and res-
taurant, with seperate entrances will require further planning
approvals.
originally proposed were 2 seperate restaurants: 1) a coffee shop
with 150 seats and 3,672 square feet of floor area, and 2) a
speciality restaurant with 150 seats and 3,650 square feet of
floor area (Attachment B). The subject request for a Conditional
Use Permit to serve alcohol indicates that 1 restaurant with 72
patio dining seats, 132 main dining room seats and 86 private
dining room seats is proposed. In addition, 15 seats are pro-
posed for a bar within the restaurant. This puts the total num-
ber of seats in the proposed restaurant at 305, or 5 over the
original proposal. Staff feels that the decrease from 2 res-
taurants to 1 should not adversely effect the proposal, and the
increase in the number of seats can be approved by the Director
of Planning as a minor amendment to the project.
Conclusion
The intent to serve alcohol within the full service hotel cur-
rently under construction at 1700 Ocean Avenue was made known as
part of the original proj ect proposal. General Plan Land Use
Element Policy 1.5.4 encourages day and evening pedestrian ac-
tivity along Ocean Avenue by requiring active uses oriented to
walk-in traffic, especially retail and commercial recreation,
small inns and restaurants. The subject proposal meets all ap-
plicable Municipal Code requirements, and General Plan Land Use
Policies, and, therefore, merits approval.
RECOMMENDATION
planning staff respectfully recommends approval of Conditional
Use Permit 508 subject to the following findings and conditions:
ALCOHOL OUTLET FINDINGS
1. The proposed use and location are in accordance with good
zoning practice, in the public interest, and necessary
that substantial justice be done in that the use is of a
type specifically encouraged by the Land Use Element of
the General Plan, incorporating a neighborhood as well as
visitor serving commercial use which, with li~ited alcohol
serving hours to the general public in the pool area will
not adversely affect the adjoining neighborhood.
2. The proposed use is compatible with existing and potential
uses wi thin the general area; traffic or parking
congestions will not result; the publ ic health, safety,
and general welfare are protected: and no harm to
adjacent properties will result in that the use is
permitted in the R4 zoning District and will complement
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the surrounding retail and surrounding visitor commercial
uses.
3.
The welfare of neighborhood residents will not be
adversely affected in that there is sufficient parking
available to meet the proposed banquet and restaurant
uses.
4. The new alcohol license will not contribute to an undue
concentration of alcohol outlets in the area in that this
will be a full service hotel where food will be served
during all hours of alcohol service and the principal
users will be hotel clientele.
5. There will be no detrimental effect on nearby
residentially zoned neighborhoods considering the distance
of the alcohol outlet to residential buildings, churches,
schools, hospitals, playgrounds, parks, and other existing
alcohol outlets in that the restaurant is not located in
an area with a large concentration of schools or churches,
its hours of evening peak use will not coincide wi th
school or church hours and the conditions of approval will
minimize the potential effects on adjacent properties.
ALCOHOL OUTLET CONDITIONS
1. There shall be no alcohol service in the pool area to the
general public after 10:30 p.m..
2. Parking lot illumination shall be provided and maintained.
3. The owner shall prohibit loitering in thp. parking area and
shall control noisy partons leaving the restaurant.
4. The premises shall maintain a kitchen or food-serving area
in which a variety of food is prepared and cooked on the
premises.
5. The premises shall serve food to patrons during all hours
the establishment is open for customers.
6. No alcoholic beverages shall be sold for consumption
beyond the premises.
7. Final plans for any signage shall be subject to review and
approval by the Architectural Board.
8. The rights granted herein shall be effective only when
exercised within a period of one year from the effective
date of approval. Upon written request of the applicant,
the Director of Planning may extend this period up to an
additional six months.
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The applicant shall comply with all legal requirements
regarding provisions for the disabled, including those set
forth in the California Government Code, Title 24, Part 2.
i
Prepared by: Larry Miner, Assistant Planner
c
Attachments: A. Radius Map
B. Original 1st floor plans
C. Statement of Official Action, OR 291, EIA 778
ZA 4880-A
O. Applicant's operation pIan
E. Project plans
PC/CUPS08
PB:LM:nh
08/3/88
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ATTACHMENT A
MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE
Category
Permitted Use
Parking
Municipal Code
Hotels wI
incidental
businesses
510 parking
required
Land Use
Element
visitor
serving
commercial
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Project
Proposal to allow
alcohol service in
a 349 room hotel.
510 parking spaces
proposed
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LEGAL DESCRIPTION
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