SR-12-A (34)
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ft7'Z r()~1:
~1AY 2 2 J990
Santa Monica, California
C/ED:PB:DKW:DM
PC/CCSR9021
Council Mtg: May 22, 1990
TO: Mayor and City Council
FROM: city Staff
SUBJECT: Appeal of a Planning Commission Denial of a Conditional
Use Permit to Allow the Issuance of an Alcohol License
for a 117 Seat Restaurant/Pub at 301 Santa Monica
Boulevard.
INTRODUCTION
This report recommends that the City Council uphold the appeal
and reverse the Planning Commission I s denial of CUP 90-021 to
allow the issuance of an "On-Sale General Alcohol License for a
Bona Fide Public Eating Place" (Type-47 Alcohol License) for a
117 seat restaurant/pub at 301 Santa Monica Boulevard. At the
meeting of April 4, 1990, the Planning commission technically
denied the project by a vote of two in favor and three against.
The Planning staff recommended approval of the conditional Use
Permit.
The applicant has filed an appeal of the Planning
commission action. The appeal form is provided in Attachment A.
BACKGROUND
proposed is the issuance of an alcohol license to allow the
relocation of an existing restaurant/pub currently located at 623
Santa Monica Boulevard.
A Type-47 alcohol license is being
requested for the proposed restaurant. The 117 seat restaurant
would include a 31 seat pub, a 58 seat indoor dining area and a
28 seat outdoor dining area.
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At the Planning Commission meeting of April 4, 1990, the
Commission denied the proposed Conditional Use Permit by a vote
of two in favor and three against with two Commissioners absent.
Two of the Commissioners who voted against the project expressed
concern about the potential overconcentration of alcohol outlets
on the Third street Promenade. The third Commissioner to vote
against the project felt that the proposed restaurant may not be
an appropriate type of establishment for the Promenade.
ANALYSIS
The King George V Restaurant/Pub is currently at 623 Santa Monica
Boulevard. The restaurant is relocating due to the planned
expansion of the Santa Monica Main Branch Public Library_
Current plans for the library would result in the demolition of
the existing King George V Restaurant building. The relocated
restaurant would be located in the Bayside Arts Building at 301
Santa Monica Boulevard. The 2,250 square foot was previously
occupied by Wiener's Luggage.
within a 500' radius of the site there are eleven on-sale beer
and wine licenses, six on-sale general alcohol licenses and one
off-site beer and wine license. Based on the 1980 Census, there
is a residential population of 107 people within a 500' radius of
the site. The Alcohol Beverage Control Guidelines state that an
overconcentration of alcohol outlets may occur if an area has
more than one establishment with an on-sale license for each 800
residents. However, this standard is not appropriate in a down-
town area. The General Plan and the Third Street Mall Specific
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Plan encourages eating and drinking establishments along the
Third Street Promenade. Furthermore, the proposed restaurant
floor plan shows that the majority of the floor area is devoted
to dining room seating. Based on the fact that the sale of al-
coholic beverages would be an ancillary use intended to compli-
ment the sale of food items prepared on the site, the use should
not result in the types of problems often associated with a bar
establishment.
planning staff has met with representatives from the Santa Monica
Police Department Vice Control Division. Vice Division staff
members have stated that there have not been any serious police
problems at the applicant's current location.
The proposed restaurant would include a 28 seat outdoor dining
area. The outdoor area conforms with the Outdoor Dining stan-
dards established by the City and the Bayside District Corpora-
tion. The outdoor area will be subject to ARB review and will
also require the issuance of an outdoor Dining Permit by the
Economic Development Division and approval by the General Ser-
vices Department.
Project Relation to Downtown Development Plans
The Planning Commission has expressed concern regarding the num-
ber of new restaurant and entertainment uses being developed on
the Third Street Promenade. staff believes that this activity
should be viewed in the context of both the objectives of the
Third street Mall Specific Plan, and the context of overall down-
town business and development activity.
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Key issues cited in the Specific Plan included the need for an
upgrade of the public areas of the open-air mall, the need for a
review of parking resources to serve the area, the role of
residential development in the area, the absence of maj or "des-
tination" uses, the lack of evening activity in the area, and the
issue of diversity of businesses in the area.
Among the major objectives and policies of the plan are the
following:
Extend the active period of the Third street Mall into
nighttime hours.
Concentrate comparison retail uses and other complementary
uses (such as hotels, offices, cultural facilities, res-
taurants, social services and housing) on or near the
Third street Mall as necessary to provide a catalyst for
its revitalization (General Plan LUE Policy 1.4.1).
Provide for the development of new uses which increase the
economic activity of the Third street Mall, including
retail and specialty commercial, eating and drinking es-
tablishments, entertainment facilities (theatres, clubs,
etc.), professional offices and hotels.
Encourage the introduction
nighttime use of the mall,
tural performance halls,
facilities.
of uses which would attract
such as movie theatres, cul-
restaurants and entertainment
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Introduce improvements and uses which enhance the mall's
ability to capture the significant residential and tourist
market.
As stated above, the Third street Mall specific Plan encourages a
diversity of restaurants and entertainment uses concentrated on
the Promenade.
To provide a context for examination of business activity on the
Promenade, staff has obtained a listing of all current business
licenses in the area bounded by Ocean Avenue, Wilshire Boulevard,
Fifth Street and Broadway. According to the Business License
Division, there are a total of 1,059 businesses in the area. The
percentage of uses are as follows:
Retail Uses
Service Business Uses
Office Uses
Professional Uses
Restaurant Uses
Miscellaneous Uses
Total
21%
25%
6%
32%
8%
8%
100%
Based on information contained in the current "Cumulative proj-
ects List", approximately 6l percent of the new square footage in
the downtown area is devoted to office space: 20 percent to
retail, 5 percent to residential, 6 percent to entertainment and
4 percent to restaurant with the remaining 4 percent to miscel-
laneous uses.
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According to the information obtained from Business License Divi-
sion and the Cumulative Projects List, restaurant uses do not
constitute a high percentage of new development activity in the
downtown area.
Conclusion
The inclusion of an alcohol permit in the sUbject restaurant will
contribute to its ability to attract nighttime activity to the
Promenade, as encouraged by the Third street Mall Specific Plan
and the Land Use Element of the General Plan.
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 uphold the appeal
and reverse the Planning Commission's technical denial of
Conditional Use Permit 90-021 with the findings and conditions
contained in the Planning commission staff report dated June 4,
1990.
Prepared by: David Martin, Associate Planner
Paul Berlant, Director of Planning
Planning Division
Community and Economic Development Department
Attachments: A.
B.
C.
Appeal form dated 4/6/90
Planning Commission staff Report dated 4/4/90
Plot Plan and Floor Plan
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PC/CCSR9021
05/15/90
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City of
Santa Monica
Communty and Economic De\O!lopmerlt Department
PllnnlIICI and Zoning I>>vIIIon
IZ'3) 458.8341
APPEAl FORM
FEE 1100.10
Date Filed
Recerved by
Receipt No
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CITY PLANNING DIVISION
Community and Economic Development Department
M E M 0 RAN DUM
DATE: April 4, 1990
TO: The Honorable Planning Commission
FROM: Planning Staff
SUBJECT: Conditional Use Permit 90-021
Address:
Applicant:
301 Santa Monica Boulevard
Alan Boivin
SUMMARY
Action: Application for a Conditional Use Permit to allow the
issuance of an "On-Sale General Alcohol License for a Bona Fide
Public Eating Place" (Type 47 Alcohol License) for a 117 seat
restaurant/pub at 301 Santa Monica Boulevard.
Recommendation: Approval with conditions
Permit Streamlininq Expiration Date: _ August 28, 1990
SITE LOCATION AND DESCRIPTION
The subj ect property is a 7,500 sq. ft. parcel located on the
northeast corner of Santa Monica Boulevard and Third Street Prom-
enade having frontage of 50' on Third Street Promenade and 150'
on Santa Monica Boulevard. surrounding uses consist of the Key
West restaurant in the adjacent space to the east (C3C), a Jewel-
ry store and Teaser's Restaurant in the adj acent space to the
north (C3C), the vacant Crocker Bank branch across Third Street
Promenade to the west (C3C) and the Santa Monica Jewelry Mart
across Santa Monica Boulevard to the south (C3C).
Zoning District: C3C
Land Use Districts: Downtown Core
Parcel Area: 501 X 150' - 7,500 square feet
PROJECT DESCRIPTION
Proposed is the issuance of an alcohol license to allow the
relocation of an existing restaurant/pub currently located at 623
Santa Monica Boulevard. A Type 47, on-sale general for bona fide
eating place, alcohol license is being requested for the proposed
117 seat restaurant. The restaurant would include a 31 seat
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"pub", a 58 seat ~ndoor d~n~ng area and a 28 seat outdoor dining
area.
ML~ICIPAL CODE AND GENERAL P~N 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 project is categorically exempt from the provisions of CEQA,
pursuant to Class 1(14) of the City of Santa Monica Guidelines
for Implementation of CEQA.
FEES
The project is exempt from the Housing and Parks Mitigation pro-
gram contained in the adopted Land Use and circulation Elements.
ANALYSIS
Background
The King George V Restaurant/Pub is currently at 623 Santa Monica
Boulevard. The restaurant is relocating due to the planned ex-
pansion of the Santa Monica Main Branch Public Library. Current
plans for the library would result in the demolition of the ex-
isting King George V Restaurant building.
The new restaurant would be located in the Bayside Arts Building
at 301 Santa Monica Boulevard. The restaurant space was pre-
viously occupied by wiener's Luqqage. The 2,250 square foot res-
taurant would include a 31 seat pub, a 58 seat indoor dining area
and a 28 seat outdoor dining area.
Third Street Mall Specific Plan Policies 4.1.5, 4.1.8 and 4.1.11
encourage the development of restaurant (eating and drinking es-
tablishments) uses that increase pedestrian daytime and nighttime
activity and economic vitality along the Third street Promenade.
The operation of a ground floor bona fide restaurant that will
serve alcoholic beverages with daytime and nighttime operating
hours is consistent with the established policy sections stated
above.
Within a 500' radius of the site there are eleven on-sale beer
and wine licenses, six on-sale general alcohol licenses and one
off-site beer and wine license. Based on the 1980 Census, there
is a residential population of 107 people within a soot radius of
the site. The Alcohol Beverage Control Guidelines state that an
overconcentration of alcohol outlets may occur if an area has
more than one establishment with an on-sale license for each 800
residents. However, this standard is not appropriate in a down-
town area. The General Plan and the Third Street Mall Specific
Plan encourages eating and drinking establishments along the
Third Street Promenade. Furthermore, the proposed restaurant
floor plan shows that the majority ot the floor area is devoted
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to d~n~r.g rocm seat~ng. 9ased on the !act that the sale o~ al-
cohol~c beverages would be an ancilla:y use ~ntended to co~p:~-
ment the sale of food ~tems prepared on the s~te, the use sho~:d
not result in the types of problems often assoc~ated w~th a bar
establ~shment.
Plann~~g staff has met with representatives fro~ the Santa Mon~ca
Poll-ce Depart~ent Vice Control Division. Vice Division staf:
me~ers have stated that there have not been any ser~ous pol~ce
problems at the applicant's current location.
The proposed restaurant would include a 28 seat outdoor dining
area. :'he outdoor area conforms with the Outdoor Din~nq Stan-
dards established by the City and the Bayside District Corpora-
t~on. The outdoor area will be subject to ARB review and wlll
also require the issuance of an Outdoor Dining Permit by the
Economic Development Division and approval by the General Ser-
vices Department.
parking
The proposed restaurant would be located in the Downtown parking
Assessment District. A parking demand analysis prepared in May
of 1988 indicated that there was a surplus of parking in the
downtown area. Assuming that projects recently proposed,
planned, or under construction in the area are fully occupied, a
surplus of 236 parking spaces would exist. The Zoning Ordinance
parking requirements for a 2,250 square foot restaurant would be
30 spaces, however, this standard does not apply in the Parking
Assessment District.
The Parking and Traffic Division plans to update the assessment
district study within six months. The update will include actual
parking counts. The timing of the update is intended to reflect
the opening of the new movie theaters and restaurants planned for
the Third Street Promenade area.
Conclusion
The inclusion ot an alcohol permit in the subject restaurant will
contribute to its ability to attract nighttime activity to the
Promenad., as encouraged by the Third Street Mall Specific Plan
and the Land Us. Element of the General Plan.
RECOMMENDA'l'IOIf
It is recommend.d that the Planning Commission approve Condition-
al Use Permit 90-021 subject to the following findinqs and
conditions:
ALCOHOL OUTLET FINDINGS
1. The proposed use and location are in accordance with qood
zoning practice, in the public inter..t, ancl necessary
that substantial justice be done in that the us. is one
which is conditionally permitted in the C3C district, and
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~s encouraged oy the Thira Street Mall Speclfic Plan. The
conditional use permlt perta~n only to the anc~llary sale
ot alcoholic beverages In connection with a perm~tted bona
fide restaurant use. The ancJ.llary alcohol sales will
allow greater dayt~me and and nlghttime use ot the site
and will contr~bute to the economic revltalization of the
downtown area as discussed In the Third Street Mall
Specific Plan Policies.
2. The proposed use is compatible with existing and potential
uses within the general area; traffic or parking
congestions will not result; the public heal ~, safety,
and general welfare are protected; and no harm to
adjacent properties will result in that the redevelopment
of the Third Street Promenade was anticipated when the
specitic plan was adopted, and the City has and will make
improvements to the street system and parking facilities
to accommodate redevelopment of the area. The Parking
Demand Analysis, Third Street Mall Specific Plan ErR and
several Initial StUdies prepared for projects located in
the Downtown Parking Assessment Oistrict indicate that
surpl us parking is available in the six parking
structures. The 30 net parking spac.. needed for the
restaurant use will not exceed the available parking
supply and will not result in added congestion at key
project intersections.
3. The weltare of neighborhood residents will not be
adversely affected in that the proposed use is located
away from major residential areas. The project site is
located adjacent to downtown parking facilities that can
be accessed directly from maj or arterial and collector
streets. Vehicle use of local residential streets is not
required.
4. The qrantinq of the license will not contribute to an
undue concentration of alcohol outlets in the area in that
the majority of bona fide restaurant use. located along
the Third Stre.t Promenade are developed as part of larqer
office or mixed commercial development.. A primary 90al
of the r..taurant use. is to provide services to
.-ploy..., customers and visitors fro. other Third Street
Ma1l .ite.. Thee Third Stre.t Hall Specific Plan
anaaura9- restaurant us.. alonq the Promenade and the
~ eould. theretore not be viewed as an undue
concen~.tion in the District.
5. There will be no detrimental affect on nearby
residentially zoned neiqhborhoods con.idering the distance
ot the alcohol outlet to residential building., church..,
schools, hospitals, playgrounds, parks, and other existing
alcohol outlets in that site is not located near
residential neighborhoods, and in that the conclitions for
approval will minimize the potantial affect on the
adjacent residential use..
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CC~~I~:Q~AL ~SE ?E?~:~ F!~O~~GS
1. The proposed ~se 15 o~e cc~dltlo~ally perml~ted w~th:~ t~e
subJect dls~r:ct and comp::es wlth all of the appllcab:e
provisJ.cns of t:'e "Cl ty of Santa Mon:ca Corrprehens.lve :'ar.d.
~se and Zonlnq Ord:rance", :n that ~he sale of alcohol lS
conditionally pe~ltted J.n the C3C dlstrJ.ct, and :n that
~he sale of alcohol as a complimen~ary item WJ.th meal ser-
v:ce :~ the restaurant should no~ result in adverse
condltlcns.
2. The proposed use would not impair the integrity and
character of the district in which it is to be established
or located, in that the Third Street Mall Speciflc Plan
encourages restaurant uses. The primary use of the 2250
square foot area will be to provide bona fide meal servlce
with ancillary alcohol service. provided the alcohol use
does not become primary in nature or the bar area does not
functlon as a stand alone bar, the use should not impair
the surrounding district.
3. The subject parcel is physically suitable for the type of
land use be1nq proposed, in that Third street Mall
Specific Plan Policy Sections 4.1.34 and 4.1.37 encourage
restaurant uses along corner parcels of the Promenade.
4. The proposed use is compatible with any of the land uses
presently on the subject parcel if the present land uses
are to remain, in that the building currently being con-
structed on the site will contain general retain and of-
fice uses that are physically separated trom the res-
taurant use. The restaurant use will not interfere with
use of the remaining commercial uses along the mall and
may stimulate greater use of the retail space and oft ice
areas.
5. The proposed use would be compatible with existing and
permissible land uses within the district and the general
area in which the proposed us. is to be located, in that
the zoning of the site conditionally allows the proposed
use and the Third street Mall Specific Plan encourages
eatinq and dining uses at this location.
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}
and the site is located in an urbanized area with all the
utilities readily available.
7 . Pub I ic access to the proposed use will be ad.qua te , in
that no on site parking is required and the pedestrian
access is sufficient.
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8. The physical lcca~~on or placement of the use on the s~te
~s eompatJ.ble WJ. t1'l and relates harmonJ.ously to the sur-
rounding neJ.gr~orhood, J.n that the the ground floor res-
taurant will eontaJ.n a design that will re1nforce stree~
level activJ.ty along the Promenade.
9. The proposed use J.S consistent with the goals, objec~ives,
and polJ.cJ.es of the General Plan, 1n that the zonlng or-
dJ.nance, Third Street Mall Specific Plan, and the General
Plan promote and encourage daytime and nighttime actlVJ.-
ties WhlCh the proposed use accomplishes.
10. The proposed use would not be detrimental to the public
interest, health, safety, convenience, or general weltare,
in that the site is zoned for entertainment use with a
Conditional Use Permit and the Third Street Mall Specific
Plan encourages this type of use in the downtown area away
from residential neighborhoods.
ll. The proposed use conforms precisely to the applicable per-
formance standards contained in Subchapter 6, Section 9050
and special conditions outlined in Subchapter 7, Section
9055 of the City of Santa Monica Comprehensive Land Use
and Zoning Ordinance, in that the.e sections do not apply
to this project.
12. The proposed use will not result in an overconcentration
ot such uses in the immediate vicinity, in that the Third
Street ProDenada area i. proposed aa the location for res-
taurant, entertainment and other nighttime activities and
the proposea project is contribute. to the establishment
ot the Mall as an entertainment center.
CONDITIONAL USE PERMIT CONDITIONS
1. The restaurant hour. ot operation shall be limited to
11:00 A.M. to 2:00 A.M.
2. No alcoholic beveraga. shall Da sold prior to 11:00 a.m.
daily or at~ar 1:00 a.m. daily.
3. The configuration ot the proposed outdoor dining are.
aha11 be carefully reviewea by the General Sarvice. Oe-
~t and Economic Oavelopmant oivision in relation to
Tbizd Str..t Promanade pede.trian flow.
Plans
4. This approval i. tor those plans dated Pebruary 14, 1"0,
a copy of which shall ba maintained in the file. ot the
City Planning Division. Project davelopment shall be con-
sistent with such plans, except as otherwis. .pacitied in
the.e conditions ot approval.
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5. T~e ?lar.s shall cc~ply ~~t~ all other provlslo~S 0: :hao-
cer 1, Ar~:cle :X of che ~u~nclpal Code, (Zc~:..:'; Cr-
dJ.nance) and all o-::-.er ::er':~~e:'\1:. ordlnances and Ge~lera:'
Plan policles of the C:..~y c: Santa ~on:..ca.
6. Minor a~end~ents to the pla~s shall be subJect to ap?rcva~
by the Dlrec~or of ?lann~ng. A slgnl:~cant change ~n ~he
approved concept shall be subject to Plannlng CO~~:"sslon
ReVlew. Construct.lon shall be in conformance wlth the
plans submitted or as modified by the Planning Corr~ls51cn,
Architect~ral ReVlew Board or Director of Planninq.
7. Constructlon period slqnaqe shall be subject to the
approval of the Architectural Review Board.
8. Plans for final desiqn, landscapinq, screening, trash en-
closures, and siqnage that differs significantly from that
approved for the original four story building shall be
subJect to review and approval by the Architectural Review
Board.
Validlty of Permits
9. In the event permittee violates or fails to comply with
any conditions of approval of this permit, no further per-
mits, licenses, approvals or certificates of occupancy
shall be issued until such violation has been fully
remedied.
10. Within ten days of Planning Division transmittal of the
Statement of Ofticial Action, project applicant shall
sign and return a copy ot the Statement of Official Action
prepared by the Planning Division, agreeing to the Condi-
tions of approval and acknowledging that failure to comply
with such conditions shall constitute grounds tor poten-
tial revocation of the permit approval. By signing same,
applicant shall not thereby waive any legal rights appli-
cant may pos.... regarding said conditions. The signed
Statement shall be returned to the Planning Division.
Failure to comply wi tn this condition shall constitute
grounds tor potential permit revocation.
11. Th1. determination shall not become etfective tor a period
of fourt.en days trom the date of determination or, if
appealed, until a final determination is made on the ap-
peal. Any appeal must be made in the form required by the
Zoning Administrator.
ALCOHOL OUTLET CONDITIONS
l2. The restaurant shall not serve alcoholic beverages in the
bar area after midnight but may continue to ..11 alcoholic
beverages in the dining area.
13. The owner shall control noisy patrons leaving the
restaurant.
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14. 'The premises shall have the capab~lity to serve foed ~o
patrons durl.ng all hours the establ~shment ~s open for
customers.
15. The premises shall ma~nta~n a k~tchen or food-servlnq area
In which a var~ety ot food is prepared and cooked on the
premises.
16. Sea~inq arrangements tor all floor areas shall not exceed
117 seats and the number of total seats shall not be
expanded by more than lOt unless approved by the Director
of Planning.
17. Take out service shall be only incidental to the primary
sit-down use.
18. No alcoholic beverage shall be sold for consumption beyond
the in-door or out-door premises.
19. No dancing or live entertainment shall be permitted on the
premises.
20. Final plans for any changes to exterior desiqn,
landscaping, trash enclosures, and/or signag. shall be
subJect to review and approval by the Architectural Review
Board.
21. Minor amendments to the plana shall be subject to approval
by the Director ot Planning. An increase of more than lOt
of the square footage or a significant change in the
approved concep-e shall be subj ect to Planninq C01DJll,ission
Review. Construction shall be in substantial conformance
with the plans aubmit-eed or aa moditied by the Planning
Commission, Architectural Review Board, or Director of
Planning.
22. The applican-e shall comply with all legal requirements
reqardinq provisions for the disabled, including those set
forth in the California Administrative Code, Title 24,
Part 2.
23. Ratuaa are.., storaq. areas, and mechanical equipment
&ball ~. screened in accordance with Sec. 9127J.2-4
(~). aetus. are.s shall be of a size adequate to meet
on-al1:a need.
24. The operation shall at all ti.es be conducted in a manner
not detrimental to surroundinq properties or residents by
reason of lights, noise, activiti.., parkinq, or other
actions.
25. No noi.e generating compressors or other such equipment
shall be placed adjacent to neiqhborinq re.idential
buildinqs.
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26. A copy of ~he condl~lo~S 0: a?proval shall be prcv:~ed ~o
~he Alcohol Beverage Centrol.
?repa~ed by: Davle Ma~~l~, Asso=:ate Pla~~er
A~tac~~ents: A.
B.
c.
M~n:c:pal Code and General Plan Cor.fc~ance
Radl~s and Locat:on Map
Plo~ P:an, Floor Plans and Elevations
D~
PC/C~?90021
~3/27/90
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ATTACHMENT A
MUNICIPAL COnE AN~ GE~ERAL PLAN CONFO~~NCE
Category
Land Use
Mun~cipal Code Ele~ent
Project
Pe~~t~ed Gse Restaurant
Restaurant
Parking 1:75 s 30
Project located
in the Assessment
District
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