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SR-12-A (34) . . /2-A 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. /:l--A - 1 - .......v ; i,:], 2 2 ;990 . . 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 - 2 - . . 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. - 3 - . . 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 - 4 - . . 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. - 5 - . . 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 - 6 - . . DM PC/CCSR9021 05/15/90 - 7 - . . 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 ~ - (r. - c, t: \ '- ~ !'I",-' ~ r-e:iCJ4 -::2, Na"1e VJCTOIt WI CHHAN - OWN!:-~ - KIN-fi t=i~O~e- V ~ /PrJA A.ooress 41..bS I'-1AJi,.JNA CI1'f PfZ.,.(\/~ ~ SO j . t.1AIC-1IiA .pE'-- ~~) ~ Co'ltaCl Persor. ALAN apl YI r-; ,Ap.a..wrecr Phone 1..13-' 4t;t;:... I a~ } Please descnDe ltle projeCI and oeoSlOn [J) be appealed t-10VG p It P~(:;tJr(" f?&v.lh't.- P F ;::.J~ ~ :JZ; .A ?f7Y "1= S~ Iv/flHlCiIJ ~Gi-f)UF]1~f"/ f'/?flJ~ ~f:J"7AU.R.A-HT H;4-j' J?~ ()fJ~IZA771'Hj f'/Il ~5 Y"s."'" AT f1 2.3 'SAt+T> 4Qt-u CA I3.LVP. p2.QJE-C1" WfU- IX Z.Z17p S.F Or ~H~~ In-:PR9V&H.~ ~IZ. ~ 8'1 'SE;I.1 ~~Hr (Wm1 ~.ef "5e-~ ~F O~B7e- PAT'O PIf"lI"+f;). 5E:/tVl!5 8~JJf "11L+!?(j29-HA<- ~":r Ft[H 'I~/ f/le" -j ~ Case Number '10 - 01.. J AOdres~ ,0/ $AHTA MOt-ll CA ~LY"f Apjljtcant V ( ?~ f{ ,tV I, Crl H f"Jr1V O'lgrna: nearlllQ elate -+ ! 4 11 0 Onglfla/ actIOn T) ~ /-f" ~t:' Please slate !he specific I'IISOI1(S) tor the appeal ~ a-To/ t?F 5~ htelW Ctt9 ~ ~ !fGPNl.'Mtc avet.-~'m~ It.71S At-lll!;I:Jt?q /NiAliJ~ 1!C/ -7h~t/S6Ht7 .MLiA-1ti' IN P6i/~4'fY,c,lz1, -7H1J 'hJ6e7. 7HtS ~/4IJu:r .H?t$ ~ .()/~~ Fol'l 'Z-'7 -I- Al-lt::' S'1ttJC/Lp /<.~1lrfN '7'>fE RuJir 7Z> ~ t'P,P~. ~ p/ZB%fJrt!i:J ~t6f/f:2? ';ltlze ~$"'~ ", 1/,HfY4?v'ti:t? 1V6'4:- ~6. ?t:?CA'7ttlJV 1\ . L \ - I"~"~"~ 1MblckollDrm Sognalln '.) ~ Wt~ Date ~-lP - qo s.dIlbllcllblIcIpII CadI 5uI:lcnapIr 1 OL ~ Sec:!on 9132.1. AppIIl of KIIon (a) .MyP8flOl1 mlyappealadlc:illanof-. ZDtq h1mirWwlO III F'''-''.-v Commtssaon Adec:Islan of lI'ItPlanIWIQ CommISSion on sud"I appII8i AI be llnaIlI'Id not SUIljecr 10 fiI'If1Ir appeal ~.. CIty Coltd. (b) Arr1 person ml,! appeal ill original deaSIoI1 of !he PIamrIg Cotntniaion In lI'8 CIty CWlciI. Ie) 0R::e an apptlliI ftled...... bady JllIyfftIIW an:IlaU.1CIIOn on all cl88TninIlions. ml8rpretauons. cIEloSIons. JIXlgmenII, or SllftW acIiOAS _ wbdI were it tie ~ of lIIf origrIii heamg lXllI)' on IhIIjlp1ieal1llr1 or prqed and IS noli imillld 10 0Ift 111 GtjaII ttIIDn Ililtlld lor.,. appeal Secbon 9132..2. Fn1g at AppIIlJ. (II Appeals hII bI adlhaIlf to lh8 appeIIale bod)' on a Iotm prescril8d by the lonng Adnllr'lSD'lllIr IUS\i1nt to ll'le Subchapler tlU The appIIInI ftI staI& 1ht specihc leasons lor 1I1t ~ =:,;. 01 the appeal (bl ~ appeal 01 a ~ AdmI1lIIralor ICliarIIIlBI1 belied MIl hi P\aIlnIIYJ OIV1SlO/l1lllhn 10t alnsecuDve calendar daYS fOiIoIMng .. daIt 01 acIlan Il'om whcIl WI iIlIlI8I illJQn. (el AA.ll~ 0/ I P1anrvCOmriul:Jn c:teasIOn shalbelll8dnhobollhe ClyClerlrnwilh lt1e ZonmgAdnlllllsnlOf vritrwl1. COIl&llCU1I\'I caJenlIar cllIys fCIowr1g lit *- of adlon lor 'IlfiCh an ~ IS made Idl Appeals snaI be ~lJIMd by hl ~ ~ lee Sec/Jon 9132.3 AppMI HllMgI PI.tlIie noDca of an iIlPNl h8Inng Shall COIIlOllTlIc tl"e mamet In whIen!he 0IiglI'laI rcfDe was !/f\'9n Secnon 9132. EIttc:Iw 0IIt Of lppuIId ActtonI (il ~~ as ohrwIIe prvmed lor In tIn ChatJIef. an action of" ZorIng ,l,(tnnSlrib" appNled 10 \he Plamng ComfTllSSion shall 1101 becotne altec:tiYe a1eSS an:Il.f1bIapproYllCl by Itle CommIGlorL (b) An acuon 01.. Comnussion ~ tn1he City CoIn:il si1ajj nDl became 8II!CM ur;ess II1CI \IlIi IIlPfOI'Id by ltle CIv Coln:iI SeclIon 9132.5 ~ F-. MemllIn of" CII'r Can::iI hl PIarnn4 Comrn<~ .. rot be I'ICp'Id tI ~ . r. ..... ~ ~ appeal ~~~k . . bt:: 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 - 1 - ~~ . . "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 - 2 - . . 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 - 3 - . . ~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.. - 4 - . . 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. - 5 - . . 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. - 6 - . . 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. - 7 - . . ~ 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. - 8 - . . 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 .9- . . 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 - 10 -