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SR-402-001 (12) ~C2 -~o/ 6-U ~T;' -' - !(.fp] LUTM:PB:DKW:SW 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 PB:DKW:SW PC/ST143 11/27/90 6 -"'" u . . ,'l ~\O\J '.J..i - 1 - 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 - 1 - 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 - 2 - 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. - 3 - 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. - 4 - 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. - 5 - 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. - 6 - 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. - 7 - 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. - B - 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. - 9 - PCjst1431 SW Applicant's Signature Print Name and Title - 10 -