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SR-12-B (24) . 'I tJ2 r-~ (!) ~ . L? 8 :;[3 CjED:PB:DKW:WW:ww PCj cccup2 0 Council Mtg: May 8, 1990 Santa Monica, California /-If -. r ' , . _ , ,- 1(/ -....... 7~ ~ ,,",-pJ" L'> 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) . - 1 - I J. -6 MAY 8 \99~ . . 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. - 2 - . . 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 - 3 - . . 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. - 4 - . . 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. - 5 - . . 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 cccup20 WW:ww 04/30/90 - 6 - . ~ /E.d~r+ IJ ,1.... tJ ~ J \ 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 - 1 - . . 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). - 2 - . . 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: - 3 - . . 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 - 4 - . . 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. - 5 - . . 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 - 6 - . . 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 - 7 - . . 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 PCjcup20rr WW:ww 03/12/90 - 8 - PROJECT NUMBER: LOCATION: . .. '/?2 " ~~~lo~r+ 0 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. - I - . . 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 - 2 - . . 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. - 3 - . . 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 - 4 - . . 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. - 5 - . . '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 - 6 -