SR-402-001 (12)
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Pc/st143
Council Meeting: December 12, 1990
Santa Monica, California
TO: Mayor and City council
FROM: City staff
SUBJECT: Certification of statement of Official Action for the
Appeals of the Restaurant/ Bar/ Billiards Club/ Banquet
Hall, Conditional Use Permit (CUP 90-015) for the
property located at 1431 Third street Promenade.
INTRODUCTION
This report transmits for city Council the statement of Official
Action for certification for the appeal of the Restaurant/ Bar/
Billiards Club/ Banquet Hall to allow a 48 seat restaurant, 24
fixed-seat bar, 16 pocket billiard tables and banquet hall at
1431 Third street Promenade.
RECOMMENDATION
It is respectfully recommended that the City Council approve the
revised statement of Official Action (attached) which contains
findings and conditions of approval for CUP 90-015.
Prepared By: Susan White, Assistant Planner
D. Kenyon Webster, Principal Planner
Paul Berlant, Director of Planning
Attachment
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PC/ST143
11/27/90
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STATEMENT OF OFFICIAL ACTION
PROJECT
NUMBER: Conditional Use Permit 90-01s
LOCATION: 1431 Third street Promenade
APPLICANT: Albert Mizrahi
CASE PLANNER: Susan White, Assistant Planner
REQUEST:
To operate a restaurant/bar/billiards club/
banquet hall in an existing structure.
CITY COUNCIL ACTION
11/13/90
X
Date.
Approved based on the following findings and
subject to the conditions below.
Denied.
Other.
EFFECTIVE DATE OF ACTION:
11/13/90
EXPIRATION DATE OF ANY PERMITS GRANTED:
ll/13/91
LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATE
2/13/92
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 C3C district, and
is encouraged by the Third street Mall Specific Plan. The
conditional use permit pertains only to the ancillary sale
of alcoholic beverages in connection with a permitted bona
fide restaurant use. The ancillary alcohol sales will
allow greater daytime and and nighttime use of the site
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and will contribute to the economic revitalization of the
downtown area as discussed in the Third Street Mall
Specific Plan Policies.
2. The proposed use is compatible with existing and potential
uses within the general area: traffic or parking
congestions will not result: the public health, safety,
and general welfare are protected: and no harm to
adjacent properties will result in that the redevelopment
of the Third street Promenade was anticipated when the
specific plan was adopted, and the City has and will make
improvements to the street system and parking facilities
to accommodate redevelopment of the area. The Parking
Demand Analysis, Third street Mall Specific Plan EIR and
several Initial Studies prepared for projects located in
the Downtown Parking Assessment District indicate that
surplus parking is available in the six parking
structures. The 125 net parking spaces needed for the
restaurant use will not exceed the available parking
supply and will not result in added congestion at key
project intersections.
3. The 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 adjacent to downtown parking facilities that can
be accessed directly from major arterial and collector
streets. Vehicle use of local residential streets is not
required.
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 along
the Third street Promenade are developed as part of larger
office or mixed commercial developments. A primary goal
of the restaurant uses is to provide services to
employees, customers and visitors from other Third street
Mall sites. The Third street Mall Specific Plan
encourages restaurant uses along the Promenade and the
uses should therefore not be viewed as an undue
concentration in the District.
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 the
adjacent residential uses.
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
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Use and Zoning Ordinance", in that the sale of alcohol is
conditionally permitted in the c3C district, and in that
the sale of alcohol as a complimentary 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 Third street Mall Specific Plan
encourages restaurant uses. A primary use of the 9,365
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.
3. The subject parcel is physically suitable for the type of
land use being proposed, in that Third Street Mall
Specific Plan Policy sections 4.1.34 and 4.1.37 encourage
restaurant uses along parcels of the Promenade.
4. The proposed use is compatible with any of the land uses
presently on the SUbject parcel if the present land uses
are to remain, in that the building currently on site will
contain general retail uses that are physically separated
from the restaurant and billiard hall use. The restaurant
use will not interfere with use of the remaining commer-
cial uses along the mall and may stimulate greater use of
the retail space.
s. 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 proposed
use and the Third street Mall Specific Plan encourages
eating and dining uses at this location.
6. There are adequate provisions for water, sanitation, and
public utilities and services to ensure that the proposed
use would not be detrimental to public health and safety,
and the site is located in an urbanized area with all the
utilities readily available.
7. Public access to the proposed use will be adequate, in
that no on site parking is required and the pedestrian
access is sufficient. Sufficient parking is provided via
the downtown parking structures and the site is accessed
by an alley from the rear.
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 second floor res-
taurant will contain a design that will reinforce street
level activity along the Promenade.
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9. The proposed use is consistent with the goals, objectives,
and policies of the General Plan, in that the zoning or-
dinance, Third street Mall Specific Plan, and the General
Plan promote and encourage daytime and nighttime activi-
ties 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 is zoned for entertainment use with a
Conditional Use Permit and the Third street Mall specific
Plan encourages this type of use in the downtown area away
from residential neighborhoods.
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 Third
street Promenade area is proposed as the location for res-
taurant, entertainment and other nighttime activities and
the proposed project is contributes to the establishment
of the Mall as an entertainment center.
CONDITIONAL USE PERMIT CONDITIONS
Special Conditions
1. 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. Any changes in project plans must be approved by
the Planning Director.
2. Elevator access from the rear to the front of the es-
tablishment on the second floor shall be by a separate
hallway or corridor.
3. The elevator shall open onto the elevator lobby and the
corridor leading to the front of the establishment.
4. A sign shall be posted at the front entrance on the Third
street Promenade which indicates that handicapped access
and elevator is accessible from the rear alley entrance.
5. Hours of operation for Sunday through Thursday shall be
limited from 10:OO a.m. to 12:00 a.m. The hours of opera-
tion for Friday and Saturday are from IO:OO a.m. to 2:00
a.m.
6. Persons 21 years of age and over only are permitted to
enter the bar area. Persons under 21 years of age are
permitted access to the restaurant area only.
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7. The dance floor shall be eliminated. The dance floor area
may remain as rentable space for special functions; the
nature of any music generated from such use shall be
within recommended limits set forth in these conditions.
Special events with amplified music only are limited to
two per month after 9:00 p.m.
8. A noise level limit of 95 dBA in the Billiard Club shall
be established and the applicant shall demonstrate to the
City that the building envelope will achieve a 60 STC
rating through an actual field test after seismic upgrade
of the building. The conditions of the test shall be that
the residence windows shall be open and that the windows
on the billiard Club side shall be closed. The City shall
have the right to test noise levels at any time at any
location in the Billiard Club and that such levels are not
to exceed 95 dBA.
9. All windows of the Billiard Club shall remain closed
during operating hours of the establishment so as not to
have adverse impacts on the neighboring residence or
general public.
lOa The number of approved seats for the project shall be as
follows: a 48 seat restaurant and a 24 fixed-seat bar.
11. Plans for the exterior remodel shall be reviewed for the
whole facade at one time by the Architectural Review
Board. The Architectural Review Board shall pay particu-
lar attention to the design of the site facade.
Plans
12. This approval is for those plans dated November 6, 1990, a
copy of which shall be maintained in the files of the
City Planning Division. Project development shall be
consistent with such plans, except as otherwise specified
in these conditions of approval.
13. 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.
14. Minor amendments to the plans shall be sUbject to approval
by the Director of Planning. A significant change in the
approved concept shall be subject to Planning commission
Review. Construction shall be in conformance with the
plans submitted or as modified by the Planning Commission,
Architectural Review Board or Director of Planning.
15. Construction period signage shall be subject to the ap-
proval of the Architectural Review Board.
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16. Plans for final design, landscaping, screening, trash en-
closures, and signage shall be subject to review and ap-
proval by the Architectural Review Board.
17. The Architectural Review Board, in its review, shall pay
particular attention to the project's pedestrian orienta-
tion and amenities; scale and articulation of design ele-
ments: exterior colors, textures and materials: window
treatment: glazing~ and landscaping.
Fees
18. The City is contemplating the adoption of a Transportation
Management Plan which is intended to mitigate traffic and
air quality impacts resulting from both new and existing
development. The Plan will likely include an ordinance
establ ishing mitigation requirements, including one-time
payment of fees on certain types of new development, and
annual fees to be paid by certain types of employers in
the city. This ordinance may require that the owner of
the proposed proj ect pay such new development fees, and
that employers within the project pay such new annual em-
ployer fees related to the City's Transportation Manage-
ment Plan.
Construction
19. A sign shall be posted on the property in a manner consis-
tent with the public hearing sign requirements which shall
identify the address and phone number of the owner and/or
applicant for the purposes of responding to questions and
complaints during the construction period. Said sign
shall also indicate the hours of permissible construction
work.
20. A copy of these conditions shall be posted in an easily
visible and accessible location at all times during con-
struction at the project site. The pages shall be lami-
nated or otherwise protected to ensure durability of the
copy.
Environmental Mitigation
21. Ultra-low flow plumbing fixtures are required on all new
development and remodeling where plumbing is to be added.
(Maximum 1.6 gallon toilets and 1.0 gallon urinals and low
flow shower head.)
Miscellaneous Conditions
22. The building address shall be painted on the roof of the
building and shall measure four feet by eight feet (32
square feet).
23. Refuse areas, storage areas and mechanical equipment shall
screened in accordance with SMMC section 9040.13-9040.15.
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Refuse areas shall be of a
need, including recycling.
in its review shall pay
screening of such areas and
size adequate to meet on-site
The Architectural Review Board
particular attention to the
equipment.
24. street and/or alley lighting shall be provided on public
rights of way adjacent to the project if and as needed per
the specifications and with the approval of the Department
of General Services.
validity of Permits
25. 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.
26. 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 pre-
pared 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. By signing same, ap-
plicant shall not thereby waive any legal rights applicant
may possess regarding said conditions. The signed state-
ment shall be returned to the Planning Division. Failure
to comply with this condition shall constitute grounds for
potential permit revocation.
27. 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.
ALCOHOL OUTLET CONDITIONS
1. The Santa Monica Police Department shall not be restricted
in access to any private party areas or to the upper level
room containing billiard tables.
2. No person under 21 years of age shall be allowed in the
bar area and signs shall be posted to this effect.
3. Security personnel shall be provided from 8:00 p.m. to the
closing hour.
4. The owner shall provide for designated types of beverage
dispensers which will clearly distinguish alcoholic
beverages from non alcoholic beverages.
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5. Alcoholic beverages may be served between the hours of
10:00 a.m. to 12:00 a.m. Sunday through Thursday and 10:00
a.m. to 2 a.m. Friday and Saturday.
6. Signs shall be posted in conspicuous locations advising
patrons that alcoholic beverages shall not be sold unless
proper identification is displayed.
7. A security and operations plan shall be approved by the
Chief of Police prior to issuance of a business license.
8. The owner shall control noisy patrons leaving the
restaurant.
9. The use of the premises for si t-down meal service to
patrons shall be maintained as a major component of the
project.
10. The premises shall maintain a kitchen or food-serving area
in which a variety of food is prepared and cooked on the
premises.
11. The premises shall serve food to patrons during all hours
the establishment is open for customers.
12. Seating arrangements for sit-down patrons shall not exceed
48 seats unless otherwise approved by the Director of
Planning.
13. Take out service shall be only incidental to the primary
sit-down use.
14. No alcoholic beverage shall be sold for consumption beyond
the premises.
15. No more than 4 video, pinball or other arcade games shall
be on the premises.
16. Final plans for any changes to exterior design,
landscaping, trash enclosures, and/or signage shall be
subject to review and approval by the Architectural Review
Board.
17. 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.
18. 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.
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19. Refuse areas, storage areas, and mechanical equipment
shall be screened in accordance with Sec. 9127J.2-4
(SMMC). Refuse areas shall be of a size adequate to meet
on-site need.
20. 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.
21. No noise generating compressors or other such equipment
shall be placed adjacent to neighboring residential
buildings.
22 . A copy of the statement of Official Action for this
approval shall be provided to the local office of the
State Alcoholic Beverage Control Department.
VOTE:
Ayes: Abdo, Finkel, Genser, Jennings, Katz, Zane
Nays:
Abstain:
Absent: Reed
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.
r 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
Dennis Zane, Mayor
Please Print Name and Title
I hereby agree to the above conditions of approval and
acknowledge that failure to comply wi tb such conditions shall
constitute grounds for potential revocation of the permit
approval.
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PCjst1431
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Applicant's Signature
Print Name and Title
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