SR-12-B (24)
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Council Mtg: May 8, 1990
Santa Monica, California
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TO: Mayor and City Council
FROM: city staff
SUBJECT: Appeal of Planning commission Approval of Conditional
Use Permit 90-020 To Permit an On-Sale General for Bona
Fide Public Eating Place (Type 47) Alcohol Use In
Connection with an Approved 318 Seat Restaurant Located
On The Santa Monica Pier In The RVC (Residential-
visitor Commercial) District. The 318 Seat Restaurant
Is Permitted By Right In The RVC District and The
Condi tional Use Permit Pertains only To The Sale Of
Alcohol ic Beverages. Appl icant : Pacif ic Fare
corporation. Appellant: stephanie Barbanell.
INTRODUCTION
This report recommends that the City council deny the appeal and
uphold the Planning Commission approval for conditional Use
Permit 90-020 to permit a Type 47 On-Sale General Alcohol License
for use in connection with the operation of a 318 seat restaurant
located on the west end of the Santa Monica Municipal Pier.
On March 21, 1990, the Planning Commission approved the
Conditional Use Permit subject to findings and conditions
contained in the March 21, 1990 Planning commission staff report
(See Exhibit A) and statement of Official Action (See Exhibit B).
stephanie Barbanell, the appellant filed an appeal letter on
March 30, 1990. (See Exhibit C) .
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BACKGROUND
On March 21, 1990, the Planning Commission reviewed the
applicant's proposal to sell alcoholic beverages in connection
with a 5,025 sq.ft., 318 seat restaurant intended as a
replacement project for a previous cafe style restaurant that was
destroyed during the 1983 winter storms. The 318 seat restaurant
was administratively approved by the Planning Division on
February 28, 1990.
The lower level of the 5,025 square foot restaurant contains 30
bar seats, 78 dining room seats and 120 open air deck seats. The
restaurant upper level contains 90 roof deck seats configured
around an enclosed second floor kitchen. The 90 seat roof deck
area will be used during warmer seasonal periods only and is
intended to function primarily as an observation/view type deck.
Approximately 2,000 square feet of the 5,025 square foot
restaurant are located on the outdoor decks. A lower level
kitchen/food preparation area is provided for the enclosed
restaurant area. The restaurant will employ a total of 15 peak
hour employees. Parking for the restauran'l: is provided on the
eastern end of the Pier.
A Type 47 (On-Sale General for Bona Fide Public Eating Place)
Alcoholic Beverage License will be requestE'd from the Alcoholic
Beverage Control Board if the City Council approves the Condi-
tional Use Permit. The proposed restaurant hours are 5:30 a.m.
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to 2:00 a.m., seven days per week. The proposed hours are con-
sistent with hours of other restaurant, retail and recreation
uses located on the Pier.
On March 30, 1990 the appellant filed an appeal of the Planning
Commission action, citing the following reasons:
1. The issuance of the Conditional Use Permit would result
in and add to an undue concentration of alcohol outlets
in the surrounding neighborhood~
2. The issuance of the Conditional Use Permit for the sale
of alcohol in the neighborhood will aggravate an al-
ready existing police problem.
ANALYSIS
The California Alcohol Beverage Control Board regulations specify
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. since the restaurant location is at the end of
the Pier, well away from land, there are no residential dwelling
units located within a 500 foot radius of the proposed res-
taurant. The nearest residentially zoned property is located
more than 600 feet east of the restaurant site. The restaurant
operator and pier staff have indicated that security personnel
will be employed in the area of the restaur.lnt to monitor use of
the restaurant and therefore potential impacts should be ade-
quately addressed. Residential uses located over 600 feet from
the site should not be affected by patron and vehicle noise or
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other potential restaurant impacts.
Within a 500 foot radius of the property there is one Type 47
(On-Sale General) alcohol license, two Type 41 (On-Sale Beer and
Wine) alcohol licenses and two Type 40 (On-Sale Beer) alcohol
licenses that have been issued by the Alcohol Beverage Control
Board. It should be noted that all of the permits have been is-
sued to establishments that provide meals as the primary on site
use.
Planning staff feels that approval of the Conditional Use Permit
will not result in an overconcentration of alcohol outlets pro-
vided the alcohol sales use is provided as an ancillary use to
the primary restaurant use. The Santa Monica pier Restoration
Program provides for the development of several new family ori-
ented restaurants, intended to encourage greater use of other
recreational facilities on the Municipal Pier. The proposed 318
seat restaurant will be located within close proximity of sport
fishing facilities, a boat locker storage facility, public obser-
vation decks and a Harbor facility. The location and operation
of the restaurant should encourage greater use of adjacent recre-
ational facilities and will attract visitorl3, employees and cus-
tomers of these uses who would otherwise have to leave the pier
to have the benefit of a full-service restaurant. staff believes
that the restaurant is an integral and essential element of the
pier revitalization program.
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The second issue raised by the appellant pE~rtains to the provi-
sion of security in the area. prior to the March 2l, 1990 Plan-
ning Commission hearing on the Conditional Use Permit request,
Planning staff contacted the Santa Monica Police Department Vice
Division regarding potential police concerns that could result
from the sale of alcoholic beverages in connection with the ap-
proved 318 seat restaurant. The Police Department indicated the
sale of alcoholic beverages in connection with a bona fide res-
taurant on the Pier would not result in the need to increase
police services in the vicinity of the Pier.
Provided alcoholic beverages are sold primarily in connection
with customer meal purchases an overconcentration of alcohol uses
in the surrounding neighborhood will not occur. The ancillary
alcohol sales in connection with the restaurant use should not
require police services that cannot be met by existing security
personnel.
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 deny the appeal
an uphold the Planning commission approval of Conditional Use
Permit 90-020, subject to the findings and conditions contained
in the March 21, 1990 Planning commission statement of Official
Action.
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Prepared by: Paul Berlant, Director of Planning
D. Kenyon Webster, Principal Planner
Wanda Williams, Associate Planner
Planning Division
Community and Economic Development Department
ATTACHMENTS: Exhibit A- March 2l Planning Commission staff
Report
Exhibit B- March 2l statement of Official Action
Exhibit C- March 30, 1990 Appeal Letter
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CITY PLANNING DIVISION
Community and Economic Development Department
MEMORANDUM
DATE: March 21, 1990
TO: The Honorable Planning Commission
FROM: Planning Staff
SUBJECT: CUP 90-020
Address: West End of the Santa Monica Municipal Pier
Applicant: Judith Meister for the City of Santa Monica
and Pacific Fare
SUMMARY
Action: Conditional Use Permit to permit an On-Sale General for
Bona Fide Public Eating Place (Type 47) Alcohol use in connection
with an approved 318 seat restaurant located on the Santa Monica
pier in the RVC (Residential-visitor Commercial) District. The
318 seat restaurant is permitted by right in the RVC District and
the Conditional Use Permit pertains only to the sale of alcoholic
beverages.
Recommendation: Approval Subject to Conditions.
INTRODUCTION
On March 7, 1990 at the request of the project applicant, the
Planning Commission continued the public review of the above
request to allow Planning staff to clarify certain areas dis-
cussed in the March 7, 1990 staff report.
proj ect plans distributed to the Planning Commission for the
March 7, 1990 hearing showed seating for 256 restaurant customers
in a ground level dining area, and adjacent bar area and in two
unenclosed patio decks. As a result of on-going negotiations
between Pacific Fare (the proposed restaurant operator), the Pier
Restoration corporation and City representatives, the restaurant
seating has been increased to 318 seats. The number of indoor
seats has been reduced and the number of outdoor patio seats (in-
tended for use during warmer months only) has been increased.
The increased outdoor seating will not affect the parameters of
the restaurant or the request to sell alcoholic beverages.
SITE LOCATION AND DESCRIPTION
The subject site consists of the 27,453 square foot "hammer head"
west end of the raised Santa Monica Municipa.l pier platform. The
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Santa Monica Municipal pier and adj acent Pleasure Pier extend
l600 linear feet over the Pacific Ocean. The "hammer head" west
end of the Pier previously contained a cafe, bait shop,
sportfishing area, Harbor Office and storage facilities, which
were destroyed by a winter storm in 1983. The site is being re-
stored by the city of Santa Monica in cooperation with the Pier
Restoration Corporation (PRC).
Zoning District: RVC (Residential Visitor Commercial) District
Land Use District: Oceanfront District
site Area: 27,435 sq. ft.
PROPOSED PROJECT
The proposed project pertains to the sale of alcoholic beverages
in connection with a previously approved 318 seat restaurant lo-
cated on the west end of the Santa Monica Municipal Pier. (See
attached EXhibits.) The lower level of the 5025 square foot res-
taurant contains 30 bar seats, 78 dining rOQm seats and 120 open
air deck seats. The restaurant upper level contains 90 roof deck
seats configured around an enclosed second floor kitchen. The 90
seat roof deck area will be used during warmer seasonal periods
only and is intended to function primarily as an observation/view
type deck. Approximately 2,000 square feet of the 5025 square
foot restaurant are located on the outdoor decks. A lower level
kitchen/food preparation area is provided for the enclosed res-
taurant area. The restaurant will employ a total of 15 peak hour
employees. Parking for the restaurant is provided on the eastern
end of the Pier.
A type 47 (On-Sale General for Bona Fide Public Eating Place)
Alcoholic Beverage License will be requested from the Alcoholic
Beverage Commission following City approvals. The proposed res-
taurant hours are 5:30 a.m. to 2:00 a.m., seven days per week.
The proposed hours are consistent with hours of other restaurant,
retail and recreation uses located on the Pier.
The food preparation and employee dressing rooms cover approxi-
mately 1/3 (1658 sq.ft.) of the total restaurant floor area.
The applicant is not requesting live entE~rtainment, billiards
room or dancing.
GENERAL PLAN AND ZONING ORDINANCE CONFORMANCE
The proposed project is consistent with the RVC Zoning Code Stan-
dards and the will comply with Zoning Code standards established
for alcohol outlets. As indicated, the restaurant use was pre-
viously approved for this site.
CEQA STATUS
The project is Categorically Exempt from CEQA, per City of Santa
Monica Guidelines for Implementation, Class 1(1).
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FEES
The proposed restaurant use is not subject to payment of any spe-
cial planning fees.
ANALYSIS
On July 20, 1988, the Pier Restoration Corporation (PRC) approved
the Municipal Pier Program of Uses which contained a provision
for the replacement/expansion of the Porthole Cafe which was de-
stroyed during the 1983 storm. On December 13, 1989, the PRC
approved a lease with Pacific Fare for the operation of a seafood
style restaurant on the Pier. The terms of the lease agreement
are currently being reviewed by the City Attorney's Office. The
approved 5025 square foot restaurant will replace a cafe de-
stroyed during the 1983 storm.
The Santa Monica Municipal Pier and Pleasure pier located east of
the site are proposed to contain several family oriented res-
taurants and fast food uses. The subject 5025 square foot res-
taurant will function as a family style restaurant with limited
operating hours, limited indoor seating and limited bar seating
area.
Alcoholic beverages will be sold as a complementary service in
connection with customer meal purchases and will not be offered
as a primary restaurant service. The hours of operation (5:30
a.m. to 2:00 a.m.), which are similar to operating hours of other
recreation, restaurant and retail uses located on the Pier, in-
tended family restaurant service, layout of seating and limited
bar area should ensure that alcohol service remains as an ancil-
lary use of the site.
The development of the l20 seat lower level outdoor patio area
and the 90 seat rooftop seating area should encourage active
walk-in traffic, commercial recreation and visitor service along
the pier as indicated in General Plan Policy 1.5.4.
There are no residential dwelling units or other environmentally
sensitive land uses located within close proximity of the site.
One other cafe that does not dispense alcohol is located on the
east end of the Municipal Pier. Additional restaurants are lo-
cated on the Pleasure Pier.
On March 14, 1990, Planning staff contacted the Vice Division of
the santa Monica police Department regarding the proposed sale of
alcoholic beverages (Type 47 permit) in connection with an ap-
proved 318 seat restaurant located on the Santa Monica Municipal
Pier. Detective Nick Cicciarelli of the Vice Division indicated
that the proposed sale of alcoholic beverages on the Pier in con-
nection with a bona-fide eating establishment would not result in
the need to increase police services in the vicinity of the Pier.
ConClusion:
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The development of a bona
should encourage greater
facilities on the Pier and
serving character.
fide restaurant on the Municipal Pier
daytime and nighttime use of other
is consistent with the Pier's visitor-
RECOMMENDATION
It is recommended that the Planning Commission approve CUP 90-020
subject to the following findings and conditions:
FINDINGS
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 one
which is conditionally permitted in the RVC District, and
will encourage greater visitor and commercial recreation
uses along the Pier. Provided the sale of alcoholic
beverages remains an ancillary use in connection with
operation of a bona fide restaurant use, issuance of the
permit should not result in adverse land use impacts. The
restaurant use will contribute to the revitalization of
the Santa Monica Municipal pier and the Pleasure Pier.
There are no nearby residential dwelling units that could
be adversely affected by the dispensing of alcoholic
beverages.
2. The proposed use is compatible with existing and potential
uses wi thin the general area; traffic or parking
congestions will not result; the public health, safety,
and general welfare are protected; and no harm to
adjacent properties will result in that the restoration
of the Santa Monica Pier with a mixture of daytime and
nighttime uses including several restaurant uses were
approved by the Pier Restoration Corporation and the city
of Santa Monica. The proposed hours of operation, limited
size and location of the bar area and location of the
restaurant in relation to other proposed recreation and
visitor facilities and existing PiE'r and beach parking
spaces should ensure that the demand for available parking
is not exceeded.
3. The welfare 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 along the Municipal Pier and will not interfere
wi th use of arterial, collector or residential streets.
Vehicle use of local residential streets is not required
to access the site.
4. The granting of the license will not contribute to an
undue concentration of alcohol outlets in the area in that
the majority of bona fide restaurant uses located in the
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project vicinity are developed as part of larger office or
mixed commercial developments. A primary goal of the
restaurant use is to provide services to employees,
customers and visitors using other pier facilities.
5. There will be no detrimental affect 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 site is not located near
residential neighborhoods, and in that the conditions for
approval will minimize the potential affect on residential
neighborhoods.
CONDITIONAL USE PERMIT FINDINGS
1. The proposed use is one conditionally permitted within the
subject district and complies with all of the applicable
provisions of the "city of Santa Monica Comprehensive Land
Use and Zoning Ordinance", in that the sale of alcohol is
conditionally permitted in the RVC district, and in that
the sale of alcohol as a complementary item with meal ser-
vice in the restaurant should not result in adverse
conditions.
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 RVC and Oceanfront Districts are
intended to provide a varied mixture of daytime and night-
time uses that encourage visitor and recreation uses along
the Pier. The primary use of the 5025 square foot area
will be to provide bona fide meal service with ancillary
alcohol service. Provided the alcohol use does not become
primary in nature or the bar area does not function as a
stand alone bar, the use should not impair the surrounding
district and should encourage greater use of other Pier
facilities.
3. The subject parcel is physically suitable for the type of
land use being proposed, in that OCE~anfront District en-
courages the development of restaurants on the Pier.
4. The proposed use is compatible with any of the land uses
presently on the subj ect parcel if t.he present land uses
are to remain, in that the site previously contained a
restaurant and the replacement project should contain
operating hours and service similar to the previous res-
taurant use.
5. The proposed use would be compatible with existing and
permissible land uses within the district and the general
area in which the proposed use is to be located, in that
the zoning of the site conditionally allows the dispensing
of alcoholic beverages in connection with a restaurant.
The District standards permit a restaurant by right.
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6. There are adequate prov~s~ons for welter, 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. The pier restoration project
is being undertaken to upgrade pubic utilities and other
services on the site.
7. Public access to the proposed use will be adequate, in
that the project circulation does not cross or interfere
with the use of surrounding arterial and collector
streets. Parking for the proj ect is located along the
pier and in public beach parking lots.
8. The physical location or placement of the use on the site
is compatible with and relates harmoniously to the sur-
rounding neighborhood, in that the the restaurant will
contain a design that will reinforce active uses along the
pier and walk-in uses. The outdoor seating areas will
reinforce visitor and commercial recreation uses along the
pier and encourage greater outdoor acti vi ties along the
Pier.
9. The proposed use is consistent with the goals, objectives,
and policies of the General Plan, in that the zoning or-
dinance, Pier Restoration Plan and the General Plan pro-
mote and encourage daytime and nighttime and commercial
recreation activities which the proposed use accompliShes.
10. The proposed use would not be detrimental to the public
interest, health, safety, convenience, or general welfare,
in that the site zoning permits a restaurant use and con-
ditionally permits the sale of alcoholic beverages in con-
nection with a bona fide restaurant. The restaurant is
not located adjacent to a residential neighborhood.
11. 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 these sections do not apply
to this project.
12. The proposed use will not result in an overconcentration
of such uses in the immediate vicinity, in that the Pier
Restoration Plan establishes the parameters for res-
taurant, entertainment and other nighttime uses along the
Pier. The proposed number and typos of restaurants is
indicated in the Plan. In order to allow additional large
scale restaurants along the Pier, the Plan would need to
be amended. Extensive analysis and planning were provided
prior to ensure a balance between restaurant, commercial
recreation, office and other uses along the pier.
CONDITIONS OF APPROVAL
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1.. The restaurant hours of operation shall be limited to
5:30 a.m. to 2:00 a.m., Sunday through Saturday.
2. No alcoholic beverages shall be sold prior to 7: 00 a.m.
daily or after 2:00 a.m., daily. No alcohol or food ser-
vice shall be provided on the outdoor patio or in the en-
closed restaurant after 2:00 a.m., seven days per week.
3. The location and use of the outdoor dining area shall com-
ply with the Development Program for the Municipal pier
approved by the pier Restoration Corporation on July 20,
1988.
Validity of Permits
4. 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.
5. within ten days of Planning Division transmittal of the
Statement of Official Action, project applicant shall
sign and return a copy of the Statement of Official Action
prepared by the Planning Division, agreeing to the Condi-
tions of approval and acknowledging that failure to comply
with such conditions shall constitute grounds for poten-
tial revocation of the permit approval. By signing same,
applicant shall not thereby waive any legal rights appli-
cant may possess regarding said conditions. The signed
Statement shall be returned to the Planning Division.
Failure to comply with this condition shall constitute
grounds for potential permit revocation.
6. This determination shall not become effective for a period
of fourteen days from 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.
7. The restaurant operator shall control noisy patrons
leaving the restaurant.
8. The premises shall have the capability to serve food to
patrons during all hours the establishment is open for
customers.
9. The premises shall maintain a kitchen or fOOd-serving area
in which a variety of food is prepared and cooked on the
premises.
10. Seating arrangements for all indoor and outdoor floor
areas shall not exceed 318 seats and the number of total
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seats shall not be expanded by more than 10% unless
approved by the Director of Planning.
11. Take out service shall be only incidental to the primary
sit-down use.
12. No alcoholic beverage shall be sold for consumption beyond
the indoor or outdoor premises.
13. No dancing or live entertainment shall be permitted on the
premises unless required permits are obtained.
14. The applicant shall comply with all legal requirements
regarding provisions for the disabled, including those set
forth in the California Administrative Code, Title 24,
Part 2.
15. The operation shall at all times be conducted in a manner
not detrimental to surrounding properties or residents by
reason of lights, noise, activities, parking, or other
actions.
16. The operation of the restaurant must be commenced within
eighteen months from the effective date of the approval
granted by the Planning Commission. This time limit may
for good cause be extended pursuant to SMMC Section
9l14.6.
Prepared by: Wanda Williams, Associate Planner
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PROJECT
NUMBER:
LOCATION:
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STATEMENT OF OFFICIAL ACTION
CUP 90-020
West End of the Santa Monica Municipal Pier
APPLICANT: Judith Meister Representing the City of Santa
Monica and Pacific Fare
REQUEST:
Conditional Use Permit to permit an On-Sale
General for Bona Fide Public Eating Place (Type
47) Alcohol use in connection with an approved
318 seat restaurant located on the Santa Monica
pier in the RVC (Residential-Visitor Commercial)
District. The 318 seat restaurant is permitted
by right in the RVC District and the Conditional
Use Permit pertains only to the sale of alcoholic
beverages.
PLANNING COMMISSION ACTION
03/21/90
x
FINDINGS
Date.
Approved project based on the following findings
and subject to the conditions below.
Denied.
Other.
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 one
which is conditionally permitted in the RVC District, and
will encourage greater visitor and commercial recreation
uses along the Pier. Provided the sale of alcoholic
beverages remains an ancillary use in connection with
operation of a bona fide restaurant use, issuance of the
permit should not result in adverse land use impacts. The
restaurant use will contribute to the revitalization of
the Santa Monica Municipal Pier and the Pleasure Pier.
There are no nearby residential dwelling units that could
be adversely affected by the dispensing of alcoholic
beverages.
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2. The proposed use is compatible with existing and potential
uses within the general area; traffic or parking
congestions will not result; the pUblic health, safety,
and general welfare are protected; and no harm to
adjacent properties will result in that the restoration
of the Santa Monica pier with a mixture of daytime and
nighttime uses including several restaurant uses were
approved by the pier Restoration Corporation and the City
of Santa Monica. The proposed hours of operation, limited
size and location of the bar area and location of the
restaurant in relation to other proposed recreation and
visitor facilities and existing Pier and beach parking
spaces should ensure that the demand for available parking
is not exceeded.
3. The welfare 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 along the Municipal pier and will not interfere
wi th use of arterial, collector or residential streets.
Vehicle use of local residential streets is not required
to access the site.
4. The granting of the license will not contribute to an
undue concentration of alcohol outlets in the area in that
the majority of bona fide restaurant uses located in the
project vicinity are developed as part of larger office or
mixed commercial developments. A primary goal of the
restaurant use is to provide services to employees,
customers and visitors using other pier facilities.
5. There will be no detrimental affect 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 site is not located near
residential neighborhoods, and in that the conditions for
approval will minimize the potential affect on residential
neighborhoods.
CONDITIONAL USE PERMIT FINDINGS
1. The proposed use is one conditionally permitted within the
subject district and complies with all of the applicable
provisions of the "city of Santa Monica Comprehensive Land
Use and Zoning Ordinance", in that the sale of alcohol is
conditionally permitted in the RVC district, and in that
the sale of alcohol as a complementary item with meal ser-
vice in the restaurant should not result in adverse
conditions.
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 RVC and Oceanfront Districts are
intended to provide a varied mixture of daytime and night-
time uses that encourage visitor and recreation uses along
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the Pier. The primary use of the 5025 square foot area
will be to provide bona fide meal service with ancillary
alcohol service. Provided the alcohol use does not become
primary in nature or the bar area does not function as a
stand alone bar, the use should not impair the surrounding
district and should encourage greater use of other pier
facilities.
3. The subject parcel is physically suitable for the type of
land use being proposed, in that Oceanfront District en-
courages the development of restaurants on the Pier.
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 site previously contained a
restaurant and the replacement project should contain
operating hours and service similar to the previous res-
taurant use.
5. The proposed use would be compatible with existing and
permissible land uses within the district and the general
area in which the proposed use is to be located, in that
the zoning of the site conditionally allows the dispensing
of alcoholic beverages in connection with a restaurant.
The District standards permit a restaurant by right.
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. The pier restoration project
is being undertaken to upgrade pubic utilities and other
services on the site.
7. Public access to the proposed use will be adequate, in
that the project cirCUlation does not cross or interfere
with the use of surrounding arterial and collector
streets. Parking for the project is located along the
pier and in public beach parking lots.
8. The physical location or placement of the use on the site
is compatible with and relates harmoniously to the sur-
rounding neighborhood, in that the the restaurant will
contain a design that will reinforce active uses along the
pier and walk-in uses. The outdoor seating areas will
reinforce visitor and commercial recreation uses along the
pier and encourage greater outdoor activities along the
Pier.
9. The proposed use is consistent with the goals, objectives,
and policies of the General Plan, in that the zoning or-
dinance, Pier Restoration Plan and the General Plan pro-
mote and encourage daytime and nighttime and commercial
recreation activities which the proposed use accomplishes.
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.
10. The proposed use would not be detrimental to the public
interest, health, safety, convenience, or general welfare,
in that the site zoning permits a restaurant use and con-
ditionally permits the sale of alcoholic beverages in con-
nection with a bona fide restaurant. The restaurant is
not located adjacent to a residential neighborhood.
11. 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 these sections do not apply
to this project.
l2. The proposed use will not result in an overconcentration
of such uses in the immediate vicinity, in that the pier
Restoration Plan establishes the parameters for res-
taurant, entertainment and other nighttime uses along the
Pier. The proposed number and types of restaurants is
indicated in the Plan. In order to allow additional large
scale restaurants along the Pier, the Plan would need to
be amended. Extensive analysis and planning were provided
prior to ensure a balance between restaurant, commercial
recreation, office and other uses along the Pier.
CONDITIONS OF APPROVAL
1. The restaurant hours of operation shall be limited to
5:30 a.m. to 2:00 a.m., Sunday through Saturday.
2. No alcoholic beverages shall be sold prior to 7:00 a.m.
daily or after 2:00 a.m., daily. No alcohol or food ser-
vice shall be provided on the outdoor patio or in the en-
closed restaurant after 2:00 a.m., seven days per week.
J. The location and use of the outdoor dining area shall com-
ply with the Development Program for the Municipal Pier
approved by the pier Restoration Corporation on July 20,
1988.
Validity of Permits
4,. 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.
5. Within ten days of Planning Division transmittal of the
Statement of Official Action, project applicant shall
sign and return a copy of the Statement of Official Action
prepared by the Planning Division, agreeing to the Condi-
tions of approval and acknowledging that failure to comply
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.
with such conditions shall constitute grounds for poten-
tial revocation of the permit approval. By signing same,
applicant shall not thereby waive any legal rights appli-
cant may possess regarding said conditions. The signed
statement shall be returned to the Planning Division.
Failure to comply with this condition shall constitute
grounds for potential permit revocation.
6. This determination shall not become effective for a period
of fourteen days from 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.
7. The restaurant operator shall control noisy patrons
leaving the restaurant.
8. The premises shall have the capability to serve food to
patrons during all hours the establishment is open for
customers.
9. The premises shall maintain a kitchen or food-serving area
in which a variety of food is prepared and cooked on the
premises.
10. Seating arrangements for all indoor and outdoor floor
areas shall not exceed 318 seats and the number of total
seats shall not be expanded by more than 10% unless
approved by the Director of Planning.
ll. Take out service shall be only incidental to the primary
sit-down use.
l2. No alcoholic beverage shall be sold for consumption beyond
the indoor or outdoor premises.
13. No dancing or live entertainment shall be permitted on the
premises unless required permits are obtained.
14. The applicant shall comply with all legal requirements
regarding provisions for the disabled, including those set
forth in the California Administrative Code, Title 24,
Part 2.
15. The operation shall at all times be conducted in a manner
not detrimental to surrounding properties or residents by
reason of lights, noise, activities, parking, or other
actions.
16. The operation of the restaurant must be commenced within
eighteen months from the effective date of the approval
granted by the Planning Commission. This time limit may
for good cause be extended pursuant to SMMC Section
9l14.6.
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'17. The applicant shall notify the Alcohol Beverage Commission
in writing of this determination within fourteen days of
the final effective date of approval. A copy of the
written notification shall be maintained on file in the
City Planning Division.
VOTE
Ayes: Farivar, Kaufman, Nelson, Mechur, Pyne, Rosenstein
Nays:
Abstain:
Absent: Lambert
NOTICE
If this is a final decision not sUbject to further appeal under
the City of Santa Monica Comprehensive Land Use and Zoning Or-
dinance, the time within which jUdicial review of this decision
must be sought is governed by Code of Civil Procedure section
1094.6, which provision has been adopted by the City pursuant to
Municipal Code Section 1400. This does not supersede Public
Resources Code Section 21167, which governs the time within which
judicial review of the City's acts or decisions in connection
with the California Environmental Quality Act must be sought.
I hereby certify that this statement of Official Action accurate-
ly reflects the final determination of the Planning commission of
the City of santa Monica.
signature
date
print name and title
I hereby agree to the above conditions of approval and
acknowledge that failure to comply with such conditions shall
constitute grounds for potential revocation of the permit
approval.
Applicant's Signature
Print Name and Title
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