SR-12-C (2)
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CjED:CPD:DKW:DM
Council Mtg: December 13, 1988
Santa Monica, California
TO:
Mayor and City council
c;
FROM: City Staff
SUBJECT: Appeal of a planning Commission Technical Denial of
Conditional Use Permit 88-009 to Allow an Increase in
the Number of Seats in a Previously Approved Restaurant
from 200 to 250 and the Issuance of a General Alcohol
License to Allow On-Site and Off-site Consumption.
INTRODUCTION
This report recommends that the city Council approve the appeal
and reverse the Planning Commission's technical denial of
Conditional Use Permit 88-009 to allow an increase in the number
of seats for a previously approved restaurant from 200 to 250,
and the issuance of a General Alcohol License to allow on-site
and off-site consumption, with the condition that off-site
consumption
not
be
permitted.
The
Planning
Commission
technically denied the application in that two motions, one for
approval with off-site consumption and one for approval without
off-site consumption, both failed for lack of four votes. The
applicant, Janss Corporation, is appealing this denial.
BACKGROUND
In August of 1987, Janss Corporation obtained approval of a seven
story mixed use complex containing four movie theatres with 1,120
seats, retail space totaling 14,300 square feet, 57,301 square
feet of office space on the second through fourth floors, 32
residential units on the fifth through seventh floors and a four
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'"
level, 218 space subterranean parking garage. At that time, a
200 seat restaurant was approved as part of the retail space.
However, because the details of the restaurant operation as
pertaining to the alcohol license were not specified, a
Conditional Use Permit for the alcohol license was not approved.
Now that the details of the restaurant operation have been
confirmed, the applicant is requesting approval of a Conditional
Use permi t to allow the issuance of an alcohol license for
on-site and off-site consumption and an increase in the number of
seats from 200 to 250.
ANALYSIS
Parking. The project is located within the Downtown Parking
Assessment District and therefore the provision of on-site
parking is not required. The Janss Court project, however, will
include a 218 space subterranean parking garage. On-site parking
is to be used primarily for residents and employees.
Based on a recent parking analysis done as part of the Initial
Study for the Mann-Criterion Theatre project, there are currently
a total of 2,856 parking spaces located in the six City parking
structures. Following the expansion of Parking Structure 5,
there will be a total of 3,l56 available parking spaces in the
district. The study found that the peak hours of parking demand
in the district were weekdays and weekends between 2 p.m. and 3
p.m. and weekends between 8 p.m. and 9 p.m. During these
critical periods, the analysis determined there would be a
surplus of 328 parking spaces during the peak weekend afternoon
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hour and a surplus of 2,168 spaces during the peak weekend
evening hour. This assessment was based on the parking demand
for existing and proposed development. Based on a ratio of one
parking space for every five restaurant seats, the requested
increase in seats requires an additional ten parking spaces. Due
to the fact that there is currently excess parking wi thin the
district, the proposed increase in seats should not result in a
lack of available parking in the area.
Alcohol License. The applicant is requesting approval of a
Conditional Use Permit to allow the issuance of an on-site
general alcohol license and an off-site beer and wine alcohol
license. The on-site general license would be used in
conjunction with the proposed restaurant and would allow the
operator to serve all types of alcohol for on-site consumption.
Policy 4.1.11 of the Third street Mall Specific Plan encourages
the introduction of uses which would attract nighttime use of the
mall such as movie theatres, cultural performance halls,
restaurants and entertainment facilities. The issuance of an
alcohol license for on-site consumption in conjunction with the
restaurant would help to promote the restaurant as a viable
nighttime activity within the Promenade area.
The applicant has also requested approval to allow the sale of
beer and wine for off-site consumption in conjunction with the
market portion of the restaurant. Staff has maintained the
position that an increase in the number of off-site alcohol
licenses on the Promenade could result in an increase in problems
associated with loitering and the unregulated consumption of
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alcohol.
This recommendation is also based on Planning
Commission precedents restricting such uses in the downtown area,
as well as a long-standing policy of the Bayside District
Corporation supporting such restrictions, a position which the
District has modified in conjunction with this project. A copy
of the BCD I S letter is attached.
Based on the concerns about
off-sale uses and Commission pOlicy, staff recommends that the
applicant's request for off-site consumption of beer and wine be
denied.
In addition to the prohibition on the off-site sale of alcohol,
the applicant also objected to the following conditions:
-The primary use of the premises shall be for sit-down
meal service to patrons.
-In order to maintain the primary use of the premises for
sit-down meal service, patrons shall not be permitted to
use the bar unless they are waiting to be seated for meal
service.
-Take out service shall be only incidental to the primary
sit-down use.
These conditions are standard requirements for most restaurants
in the City which have obtained a Conditional Use Permit for the
sale of alcohol.
They are intended to guarantee that the
operation be conducted as a full service restaurant and not as a
fast food establishment or as a bar. Staff would recommend that
if the council chooses to allow the operator to have on- or
off-site alcohol sales, the above conditions restricting the
restaurant operation be maintained.
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The Planning Commission technically denied the applicant's
proposal because two motions failed to carry. The first motion
was for approval of the project with the the off-site alcohol
license. This motion failed by a vote of three in favor and one
against. The second motion was for approval of the Conditional
Use Permit with the condition that there be no sale of alcohol
for off-site consumption. This motion failed by a vote of two in
favor and one against with one abstention.
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 approve the
appeal and approve CUP 88-009 with the findings and conditions
contained in the attached November 16, 1988 Planning Commission
staff report, including a prohibition of off-site sales.
Prepared by~ David Martin, Assistant Planner
D. Kenyon Webster, Principal Planner
Paul Berlant, Planning Director
Attachments: A. Letter of Appeal by Janss Corporation dated
11/17/88
B. statement of Official Action dated
11/16/88
C. Planning Commission staff report dated 11/16/88
D. 11/10/88 BCD Letter
E. Project Plans
DM
PC/cup889cc
ll/22/88
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Janss Corporation
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11075 Santa Monica Boulevard SUite 250, Los '\ngeles CaliFornia 90025
(21314i83034 (B05l495-2133 '88 '~uV 17 p 4 :13
HAND DELIVERED
November 17, 1988
Mr. Paul Ber1ant
Director of Planning
City of Santa Monica
1685 Main Street, Room 212
Santa Monica, Californ~a 90401
Dear Paul:
On behalf of Marvin's Del1 we would like to appeal the Plann~ng
Counc11's rejection of our appl~cation for a conditional use
permit 88-009. As you are aware, the major oppos1tion to the
special use permit centered around off site liquor sales. We
concur with the pos~tion taken by the Bayside Development
Corporation that a pol1cy aga1nst off site l~quor sales may have
been appropriate in the past, but that this policy is no longer
consistent with the development of the Mall and may well impede
this development. As a case in po~nt, our tenant, Marv1n's Del~,
has indicated that they may not be w11ling to proceed w1th the
restaurant unless they are allowed to have outside liquor sale.
I would appreciate your includ~ng us on the City Council Agenda as
soon as possible in order to resolve this issue.
Very truly yours l
~':::: c~ Ja ~~.I
President ~ Jr
WCJjr/e1
STATEMENT OF OFFICIAL ACTION
PROJECT
NUMBER: Conditional Use Permit 88-009
LOCATION: 309 Broadway
APPLICANT: Janss Corporation
REQUEST: Application for a Conditional Use Permit to allow
an increase in the number of seats in a previous-
ly approved restaurant from 200 to 250 and the
issuance of a General Alcohol License to allow
on-site and off-site consumption.
PLANNING COMMISSION ACTION
11/16/88
Date.
Approved based on the following findings and
subject to the conditions below.
X Denied based on a lack of four votes.
Other.
VOTE
Ayes:
Nays:
Abstain:
Absent:
Farivar, Kaufman, Mechur
Hecht, Nelson
Lambert, pyne
I hereby certify that this statement of
accurately reflects the final determination
Commission of the city of Santa Monica.
Official Action
of the Planninq
signature
date
print name and title
PC/stcup889
DM
11/23/88
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CITY PLANNING DIVISION
community and Economic Development Department
MEMORANDUM
DATE: November 16, 1988
TO: The Honorable Planning Commission
FROM: Planning staff
SUBJECT: Conditional Use Permit 88-009
Address: 309 Broadway
Applicant: Janss Corporation
SUMMARY
Action: Application for a Conditional Use Permit to allow an
increase in the number of seats for a previously approved res-
taurant from 200 to 250 and the issuance of a General Alcohol
License to allow on-site and off-site consumption. This applica-
tion is being considered under the provisions of the new Zoning
ordinance.
Recommendation: Approval with Conditions
SITE LOCATION AND DESCRIPTION
The subject restaurant will be located in the Janss Court, cur-
rently under construction at the northeast corner of Broadway and
Third street Promenade. Surrounding uses consist of commercial
uses on the adjacent property to the north (C3C), the Santa Moni-
ca Place across Broadway to the south (C3C), commercial uses
across Mall Court East to the east (C3C), and commercial uses
across Third Street Promenade to the west (C3C).
zoning Districts: C3C
Land Use Districts: Downtown Commercial Core
Parcel Area: ISO' X 100' = 15,000 square feet
PROPOSED PROJECT
The applicant is requesting approval of a Conditional Use Permit
to allow an increase in the number of seats in a previously ap-
proved restaurant from 200 to 250. The applicant is also
requesting approval to allow the issuance of an alcohol license
for general on-site, and beer and wine off-site consumption. The
restaurant would operate as "Marvyn's Broadway Deli" and would be
located in the Janss Court, currently under construction at the
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northeast corner of Broadway and Third street Promenade. The 250
seat restaurant would contain a 175 seat indoor dining room, a 15
seat indoor bar and a 60 seat outdoor dining area, adjacent to
the Promenade. The Broadway Deli would feature a small market
selling fresh food, dry goods and beer and wine. As proposed,
general alcohol would be available for on-site consumption, and
beer and wine would be available for off-site consumption.
A Conditional Use Permit is required for an increase in the ap-
proved number of seats, alcohol license for a restaurant with
over 50 seats and off-site consumption.
MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE
The proposed project is consistent with the Municipal Code and in
conformity with the General Plan as shown in Attachment A.
CEQA STATUS
The proj ect is categorically exempt per city of Santa Monica
Guidelines for Implementation of CEQA, Class 1(1).
FEES
The project is not subject to any development fees.
ANALYSIS
Background
In August of 1987, Janss Corporation obtained approval of a seven
story mixed use complex containing four movie theatres with 1120
seats, retail space totaling 14,300 square feet, 57,301 square
feet of office space on the second through fourth floors, 32
residential units on the fifth through seventh floors and a four
level, 218 space subterranean parking garage. At that time a 200
seat restaurant was approved as part of the retail space.
However, because the details of the restaurant operation as per-
taining to the alcohol license were not specified, a Conditional
Use Permit for the alcohol license was not approved.
Now that the details of the restaurant operation have been con-
firmed, the applicant is requesting approval of a Conditional Use
Permit to allow an increase in the number of seats from 200 to
250, and the issuance of an alcohol license for on-site and off-
site consumption.
Parking Analysis
The project is located within the Downtown Parking Assessment
District and therefore the provision of on-site parking is not
required. The Janss Court project will include a 218 space sub-
terranean parking garage. On-site parking is to be used primari-
ly for residents and employees.
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Based on a recent parking analysis done as part of the Initial
study for the Mann-criterion Theatre project, there are currently
a total of 2,856 parking spaces located in the six City parking
structures. FOllowing the expansion of parking structure 5 there
will be a total of 3,156 available parking spaces in the dis-
trict. The study found that the peak hours of parking demand in
the district were weekdays and weekends between 2 p.m. and 3 p.m.
and weekends between 8 p. m. and 9 p. m. During these critical
periods the analysis determined there would be a surplus of 328
parking spaces during the peak weekend afternoon hour and a sur-
plus of 2,168 spaces during the peak weekend evening hour. This
assessment was based on the parking demand for existing and pro-
posed development. Based on a ratio on one parking space for
every five restaurant seats, the increase in seats would require
ten additional parking spaces. Due to the fact that there is
currently excess parking within the district, the proposed in-
crease in seats should not result in a lack of available parking
in the area.
Alcohol License
The applicant is requesting approval of a Conditional Use Permit
to allow the issuance of an on-site general alcohol license and
an off-site beer and wine alcohol license. The on-site general
license would be used in conjunction with the proposed restaurant
and would allow the operator to serve all types of alcohol for
on-site consumption. Policy 4.1.11 of the Third street Mall
Specific Plan encourages the introduction of uses which would
attract nighttime use of the mall such as movie theatres, cul-
tural performance halls, restaurants and entertainment facil i-
ties. The issuance of an alcohol license for on-site consumption
in conjunction with the restaurant would help to promote the res-
taurant as a viable nighttime activity within the mall area.
The applicant has also requested approval to allow the sale of
beer and wine for off-site consumption in conjunction with the
market portion of the restaurant. staff has maintained the posi-
tion that an increase in the number of off-site alcohol license
on the mall could result in an increase in problems associated
with loitering and the unregulated consumption of alcohol.
Therefore, staff would recommend that the Planning Commission
deny the request for off-site consumption of beer and wine. If
in the future, with the continuing revitalization of the Third
street Promenade, it appears that an increase in off-site alcohol
licenses would not create a problem in the area, the applicant
could request that this position be reconsidered.
Conclusion
According to the recent parking analysis, there is adequate park-
ing within the district to accommodate the proposed increase in
the number of seats. The proposed on-site alcohol license would
be appropriate as part of the new restaurant, however, at this
time, there are potential problems associated with the proposed
off-site alcohol license.
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RECOMMENDATION
It is recommended that Conditional Use Permit 88-009 be approved
with the condition that the off-site alcohol license be elimi-
nated and subject to the following findings and conditions.
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 proposed restaurant
would be located in the Downtown Core and the C3C zone,
both of which allow such uses.
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 Specific Plan
encourages such uses within the Mall area.
3. The SUbject parcel is physically suitable for the type of
land use being proposed, in that the restaurant will be
located in a previously approved retail/office building.
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 patrons using the proposed retail,
office and residential space can also utilize the proposed
restaurant.
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 use would be located in the C3C zoning district and
the Downtown Core Land Use District which allow retail
commercial uses.
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,
in that the proposed use would be located in a previously
approved office/retail/residential project, which has been
determined to be adequately served by existing public
utilities.
7. Public access to the proposed use will be adequate, in
that the use would be located in a previously approved
project which has been determined to be adequately served
by existing roadways.
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 restaurant may serve
patrons utilizing existing and proposed services in the
area.
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9. The proposed use is consistent with the goals, objectives,
and policies of the Third street Mall Specific Plan in
that Policy 4.1.11 encourages the introduction of uses
which would attract nighttime use of the mall such as
movie theatres, cultural performances halls, restaurants,
and entertainment facilities.
10. The proposed use would not be detrimental to the public
interest, health, safety, convenience, or general welfare,
in that the use would be located in a commercial location
suitable for a restaurant.
11. The proposed use will not result in an overconcentration
of such uses in the immediate vicinity, in that the res-
taurant will be located in a commercial area and may serve
patrons utilizing existing offices and shops in the
vicinity.
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
conditionally permitted in the C3C zone.
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 proposed use
would be located in a previously approved commercial
project.
3. There will be no detrimental affect on nearby
residentially zoned neighborhoods considering the distance
of the alcohol outlet to churches I schools, hospitals,
playgrounds, parks, and other existing alcohol outlets in
that the conditions for approval will minimize the
potential affect on the adjacent uses.
SPECIAL CONDITIONS
1. No alcohol beverages shall be sold for consumption beyond
the premises.
2. The applicant shall obtain the approval of an Outdoor
Dining License from the Economic Development Division.
ALCOHOL OUTLET CONDITIONS
1. The restaurant shall not serve alcoholic beverages in the
bar area after midnight but may continue to sell alcoholic
beverages in the dining area.
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2. The owner shall prohibit loitering in the parking area and
shall control noisy patrons leaving the restaurant.
3. The primary use of the premises shall be for sit-down meal
service to patrons.
4. In order to maintain the primary use of the premises for
sit-down meal service, patrons shall not be permitted to
use the bar unless they are waiting to be seated for meal
services.
5. The premises shall maintain a kitchen or food-serving area
in which a variety of food is prepared and cooked on the
premises.
6. The premises shall serve food to patrons during all hours
the establishment is open for customers.
7. Seating arrangements for sit-down patrons shall not exceed
250 seats and the number of total seats shall not be
expanded unless approved by the Planning Commission.
8. Take out service shall be only incidental to the primary
sit-down use.
9. No dancing or live entertainment shall be permitted on the
premises.
10. Final plans for any changes to exterior design,
landscaping f trash enclosures f and/or signage shall be
subject to review and approval by the Architectural Review
Board.
11. Minor amendments to the plans shall be subject to approval
by the Director of Planning. An increase of more than 10%
of the square footage or a significant change in the
approved concept shall be subject to Planning Commission
Review. Construction shall be in substantial conformance
with the plans submitted or as modified by the Planning
Commission, Architectural Review Board, or Director of
Planning.
12. 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.
13. Refuse areas, stora~e areas, and mechanical equipment
shall be screened ~n accordance with Sec. 9127J.2-4
(SMMC). Refuse areas shall be of a size adequate to meet
on-site need.
14. 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.
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15. No noise generating compressors or other such equipment
shall be placed adjacent to neighboring residential
buildings.
STANDARD CONDITIONS
I. Plans for signage shall be subject to review and approval
by the Architectural Review Board.
2. This approval is for those plans dated September 6, 1988,
a copy of which shall be maintained in the files of the
city Planning Division. Project development shall be con-
sistent with such plans, except as otherwise specified in
these conditions of approval.
3. 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.
4. street trees shall be maintained, relocated or provided as
required in a manner consistent with the city's Tree Code
(Ord. l242 CCS), per the specifications of the Department
of Recreation and Parks and the Department of General Ser-
vices. No street tree shall be removed without the ap-
proval of the Department of Recreation and Parks.
5. Ultra-low flow plumbing fixtures are required on all new
development and remodeling where plumbing is to be added.
(Maximum 1.5 gallon toilets and 1.0 gallon urinals and low
flow shower head.)
6. The Plans shall comply with all other provisions of Chap-
ter 1, Article IX of the Municipal Code, (Zoning Or-
dinance) and all other pertinent ordinances and General
Plan policies of the City of Santa Monica.
7. Within twenty-one days of final project approval, project
applicant shall sign a copy of the Statement of Official
Action prepared by the Planning Division, agreeing to the
conditions of approval and acknowledging that failure to
comply with such conditions shall constitute grounds for
potential revocation of the permit approval. Failure to
comply with this condition shall consti tute grounds for
potential permit revocation.
8. 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
appeal.
Prepared by: David Martin, Assistant Planner
Attachments: 1. Alcohol License Map
2. Project Plans
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ATTACHMENT A
MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE
Land Use
Category Municipal Code Element
Permitted Use Restaurant same
w/Alcohol
Project
Restaurant
W/Alcohol
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Alcohol License within a 500' radius of 309 Broadway
Type 41 License (on-sale
Beer and Wine from Bona
Fide Eating Place):
Type 47 License (on-sale
General for Bona Fide Eating
Place):
205 Broadway
1147 2nd street
1514 2nd street
1416 4th street
101 Santa Monica Place
159 Santa Monica Place
161 Santa Monica Place
203 Santa Monica Place
1449 Second Street
102 Santa Monica Place
304 santa Monica Place
Type 48 License (on-site
General for Public
Premises):
Type 20 (off-site beer and
wine) :
217 Broadway
1432 4th Street
103 Santa Monica Place
150 Santa Monica Place
*Information obtained from the Department of Alcohol Beverage
Control List of Active Licenses in the City of Santa Monica as of
April 6, 1988.
--~- ~
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16
BAYSIDE DlSfRICI CORPORATION
1427 Thrrd Street PromenAde Ste 202
Santa ~fomca CaWomJa 90401-2358
213 393-8355
,jV OF S ~ ' "! !:. MONICA
;1, I "'-'-lrE
_ _ _I "',' ..l. 1 :...~
.... I- 1- .....
'8b NGV 16 P 2~ember 10, 1988
Planning Commission
City of Santa Monica
1685 Main Street
Santa Monica, CA 90401
Re: Conditional Use Permits
Off-Premises Alcohol Sales
Dear Commissioners and Staff:
At its regularly-scheduled meeting of October 27, 1988, the Bayside
District Board of Directors passed the following resolution:
"Recognizing that the Bayside District has indeed entered
a new era, we are changing our total opposition to any
off-sale liquor permits in the District. Permits that we
might support would exclude the sale of cheap, fortified
wines and business practices that would aggravate the
problem of public inebriation in the District, but would
include those who sell food as well where alcohol would
not be a major portion of their sales."
We find that on a practical basis, the management of the operation 1S
the key to whether or not the establishment creates problems of
public drunkenness, and urge you to review any conditional use
permit with that in mind.
omas H. Carroll
Executive Director
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