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SR-402-001 (2) PCD:SF:JT:AS:JL:f:\plan\share\pc\strpt\99cup040rev.doc Santa Monica, California Planning Commission Mtg: April 5, 2000 TO: The Honorable Planning Commission FROM: Planning Staff SUBJECT: Conditional Use Permit 99-040 Address: 1410 Third Street Promenade Applicant: Herb Astrow, Yankee Doodles Property Owner: Tucker Management, LLC. INTRODUCTION Action: Application to amend the existing Conditional Use Permit for Yankee Doodles and allow the establishment of a nightclub and construction of a basement level service bar, dance floor, and dining area at the existing restaurant/billiard hall. Recommendation: Deny the request to amend the existing Conditional Use Permit. Permit Streamlining Act: May 2, 2000 SITE LOCATION AND DESCRIPTION The subject property is a 7,500 square foot parcel located on the west side of the Third Street Promenade between Broadway and Santa Monica Boulevard having a Promenade frontage of 50 feet. Surrounding uses are retail and restaurant oriented businesses including an existing billiard/nightclub restaurant (Gotham Hall). The surrounding properties are all similarly zoned BSC-1 (Bayside Commercial District). Existing on-site is a 15,000 square foot restaurant/billiard hall with a first floor and basement level each at 7,500 square feet. Zoning District: BSC-1 (Bayside Commercial District) Land Use District: Downtown Core/Bayside District Specific Plan Parcel Area: 7,500 square feet PROJECT DESCRIPTION Proposed is an application to amend the existing Conditional Use Permit for Yankee Doodles restaurant/billiard hall and convert the basement level of an existing restaurant/billiard hall to a nightclub with a dedicated lounge and dining area, a 400 square foot dance floor and a new 360 square foot walk-up service bar. The proposed 1 basement floor plan will displace over 50% of the existing pool tables, an air hockey table, two foozeball tables and an arcade game. Several new dining tables are proposed adjacent to the dance floor and bar that would accommodate 38 additional seats. A heavy drapery is proposed within the front third of the basement level floor plan that will serve to minimize noise but will also isolate the nightclub activity from the rest of the restaurant and billiard hall areas. A new office area and improved restroom facilities are also proposed on this level. The primary entrance/egress door at the Promenade level has been redesigned and 16 seats added to the dining area. The eight existing pool tables on the Promenade level would remain leaving a total of 12 pool tables available to customers as opposed to the 28 currently on-site. No change to the hours of operation (11:00am – 2:00am, 7 days a week) or modification to the existing liquor license is proposed. MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE The proposed project is consistent with the Municipal Code and is in conformity with the General Plan as shown on Attachment A. CEQA STATUS The project is categorically exempt from the provisions of CEQA pursuant to Class 1, Section 15301 of the State Implementation Guidelines in that the project involves a request to convert a portion of the basement level of an existing restaurant/billiard hall to a nightclub and to allow the construction of a new service bar and dance floor, which involves minor alterations to an existing private structure and no expansion of use beyond the existing facility. RENT CONTROL STATUS Commercial Exempt FEES The project is not subject to any special fees. PUBLIC NOTIFICATION Pursuant to Municipal Code Section 9.04.20.20.080, within 30 days after the subject application was deemed complete, the applicant posted a sign on the property stating the following information: Project case number, brief project description, name and telephone number of applicant, site address, date, time and location of public hearing, and the City Planning Division phone number. It is the applicant's responsibility to update the hearing date if it is changed after posting. In addition, pursuant to Municipal Code Section 9.04.20.22.050, notice of the public hearing was mailed to all owners and residential and commercial tenants of property 2 located within a 500 foot radius of the project at least ten consecutive calendar days prior to the hearing. Notice was also given to all neighborhood groups, the Bayside District Corporation, the Chamber of Commerce, and published in the Our Times section of The Los Angeles Times and posted on the Department’s Internet web page. A copy of the notice is included with the staff report (Attachment B). ANALYSIS Background Yankee Doodles has been in operation since July 1991. Entitlements granted in 1990 (89CUP-074) permitted the applicant to remodel the previous retail clothing store and establish the present day restaurant/billiard hall. A Type 47 liquor license was approved allowing general alcohol sales in conjunction with a bona fide restaurant. Standard conditions typically applied to CUP applications were imposed including a special condition that restricted the hours of operation from 6:00am to 2:00am. In May 1990, the Planning Director approved a modification to the floor plan to allow an increase in the number of dining seats from 85 to 165 and reduction of the number of bar seats from 52 to 35 seats. The change in the seating plan was approved to address issues related to the proportional mix and availability of sit-down food service to bar service. Minor alterations to the bar reduced the number of bar seats available to patrons and increases to the number sit-down seats reinforced the restaurant’s dining component. The modification addressed concerns the applicant received from the Alcohol Beverage Control and the City’s Police Department related to the level of sit-down food service versus bar service. The 1989 CUP states that the seating arrangement for sit-down patrons shall not exceed 85 seats and the total seats shall not be expanded by more than 10%, unless approved by the Director of Planning. In 1992, the applicant received approval to amend the CUP to allow outdoor dining and modifications to the seating plan. The applicant is currently permitted to maintain 86 seats for dining patrons, up to 47 seats for outdoor dining, 35 bar seats, and 166 billiard hall seats, for a total of 334 seats. Also requested, but not approved, was a proposed 3,750 square foot expansion into an adjacent retail tenant space, expansion of the operating hours and construction of a 225 square foot basement level dance floor and a 220 square foot service bar. The basis for denial of portions of the application was the finding that the project would have resulted in a significant intensification of a use that was already well represented on the Third Street Promenade. This application, and others reviewed around this time, were part of recognizable trend that saw the conversion of retail oriented uses to more restaurant and entertainment uses. To preserve the integrity of the District and balance of daytime and nighttime pedestrian oriented activity, the Commission found the expansion inconsistent with the Bayside District Specific Plan and not compatible with existing land uses. In addition to requesting two components that were previously denied, the dance floor and walk-up service bar, the subject application includes a modified floor plan that alters the number of seats currently provided on-site. The existing floor plan submitted by the 3 applicant shows 233 total seats, including 50 bar seats and 36 seats on the patio. The existing floor plan appears to be inconsistent with the entitlements granted in 1992 with the inclusion of 15 additional bar seats. Unless otherwise approved by the subject application, the number of seats permitted at the bar is 35 seats. The request for dancing introduces a nightclub use to the establishment and is permitted in the Bayside District, subject to approval of a CUP. The other establishments within close proximity to the subject property that offer nightclub-related uses are Gotham Hall (480 square foot dance floor), Monsoon Café (250 square foot dance floor), and Teaser’s Restaurant (300 square foot dance floor). Two other establishments, Harvelle’s and 217 Broadway are existing, legal non-conforming businesses that also provide dancing and entertainment. Since Yankee Doodles opened, the City has reviewed and approved ten Temporary Use Permit applications to allow one or two nights of dancing during special events held on holidays such as the Fourth of July and New Year’s Eve. Temporary events are governed by the Municipal Code and subject to approval from the Zoning Administrator. Neighborhood Compatibility No churches, no schools, 25 alcohol outlets, and approximately 430 residents exist within a 500-foot radius of the subject parcel. The alcohol outlets consist of 12 On-Sale General for Public Eating Place licenses (Type 47), 12 On-Sale Beer and Wine for Public Eating Place licenses (Type 41), 2 Caterer’s Permit (Type 58), 1 Beer & Wine Wholesaler (Type 17), and 1 Off-Sale General (Type 21). A total of 3,648 seats are contained within these establishments as illustrated on the following tables: Type 41 (On-Sale Beer & Wine for Public Eating Place) Establishment Address Seats Reel Inn 1220 3rd Street 220 California Wrapp 1238 3rd Street 50 Mario’s 1212 3rd Street 148 Gaucho Grill 1251 3rd Street 91 Charly Temmel 1251 3rd Street 99 Criterion Plaza 1315 3rd Street 400 Bravo Cucina 1319 3rd Street 80 Yangtze 1333 3rd Street 99 Tudor House 1403 2nd Street 43 Matisse 1444 3rd Street 44 Brewhouse 1457 3rd Street 49 Johnnies Pizza 1460 3rd Street 40 4 Type 47 (On-Sale General) Establishment Address Seats Monsoon Café 1212 3rd Street 270 Sunset Bar and Grill 1240 3rd Street 105 George’s Bistro 1321 3rd Street 50 Teaser’s Restaurant 1351 3rd Street 190 Trastevere 1360 3rd Street 360 Yankee Doodles 1431 3rd Street 270 Gotham Hall 1446 3rd Street 335 Chiller’s (out of business) 1446 3rd Street 195 Remi 1451 3rd Street 106 Broadway Deli 1454 3rd Street 195 Broadway Bar and Grill 1460 3rd Street 209 The Department of Community and Cultural Services indicates they have no concerns with the proposed project. Parking and Circulation The location of the subject property is within the Bayside Parking Assessment District, which operates six public parking garages in the area and would accommodate the parking generated from the proposed nightclub. Police Department and Bayside District Comments The Santa Monica Police Department has reviewed the proposal and has indicated opposition to any modification to the existing CUP. The reasons cited by the Police Department include concern over the increase in occupancy and the related impacts associated with alcohol-serving establishments; the location of the proposed dance floor and service bar out of view from patrolling officers; and, that crowds may congregate outside the front door potentially impacting surrounding businesses. The Police Department’s memo is included in this report as Attachment C. The proposal was also presented to the Bayside District Board of Directors on February 24, 2000. The Board voted to approve the proposed plan and has issued a formal determination, which is included in this report as Attachment D. Conformance with the Bayside District Specific Plan Land Use Element The Bayside District Specific Plan was originally adopted in 1986. It was revised in 1996 to reevaluate the Plan’s goals, objectives and policies to ensure the Plan continues to address the areas needs and to update construction activity since the original document was prepared. One primary focus of the plan is to encourage an active pedestrian environment during both daytime and nighttime hours. This continues to be achieved by providing a diversity of uses, activities, business and job opportunities intended to serve residents and visitors. Dynamic changes have occurred in the Bayside District transforming it from a quite downtown environment to a vital City Center. 5 When the applicant submitted an application in 1992 to expand the restaurant/billiard hall into an adjacent retail space, the Commission’s decision reflected a growing concern that nighttime related businesses, specifically restaurants and bars, were disproportionately represented in the District. The Commission determined that the expansion was not consistent with the goals of the Bayside District Specific Plan because it expanded an established restaurant into a retail space and intensified the alcohol-related use of the business. Five years later in 1997, Chiller’s Restaurant, also located on the Promenade, requested modifications to an existing CUP to allow the construction of a 440 square foot dance floor. The Planning Commission at that time supported staff’s concern that the introduction of a nightclub at that establishment would detract from the restaurant serving component and change the character of the business. Staff is similarly concerned that the introduction of a nightclub at Yankee Doodles will significantly change the character of the existing establishment. Elimination of 50% of the existing pool tables, placement of a barrier that isolates the majority of the basement level floor area from the restaruant/billiard use and the individual curtains between the seating/lounge areas further reinforces the nightclub component and de- emphasizes the eating and billiard entertainment activity. Staff has consistently recommended against projects the serve as destination establishements, such as nightbclubs, in order to maintain the balance and variety of uses the Bayside District Specific Plan objectives and policies are intended to achieve and to minimize problems related to overcrowding. Staff maintains that there are sufficient locations in the District that provide dancing and that an effort should be made to preserve evening dining opportunities rather than uses that exacerbate the overcrowding problems generated by destination oriented entertainment establishments. Regulatory action to control overcrowding on the Promenade has already been implemented to minimize impacts of existing destination oriented establishments and uses. For example, the City has been regulating venders and street performers since 1989, with ordinances that require performers to operate in a manner that does not obstruct pedestrians, bus stops or building entrances. Other restrictions include limitations on performance hours, establishment of performance zones and distance requirements between street vendors. The intent of these standards is to control crowds, insure that pedestrians can move safely through the area and maintain ingress and egress to area businesses. Further, the City has recently completed a draft report evaluating existing parking conditions in the Downtown in order to identify strategies to implement a Downtown Parking Management Program. The draft results of that study show that Downtown public and private parking facilities during the peak weekday period, between 2 and 3 p.m., are at 77 percent of capacity. Peak usage of all Downtown parking facilities on Saturday occurs between 9 and 10 p.m. when facilities are at 74 percent of capacity. The usage of the city-owned parking structures is at an even higher capacity with a reported 87 percent utilization during peak weekday and weekend periods. This extensive use of parking facilities in the Downtown further demonstrates the intensity of activity in the City’s central core. 6 Conclusion Staff believes that the proposed amendment to the existing CUP is contrary to the goals and policies of the Bayside District Specific Plan and that the proposed nightclub use is well represented on the Promenade. Staff further does not support the construction of a walk service bar, which will detract from the restaurant/billiard hall orientation of the business and increase the occupancy of the building. The applicant is already entitled to construct a service bar in the rear half of the basement level to improve operational concerns provided the service bar is not available to customers and does not exceed 175 square feet. RECOMMENDATION It is recommended that the Planning Commission deny the request to amend the existing Conditional Use Permit. CONDITIONAL USE PERMIT FINDINGS 1. The proposed use would impair the integrity and character of the district in which it is to be established or located, in that introducing a nightclub use and a 360 square foot service bar to an existing restaurant/billiard hall would significantly increase the occupancy of the existing use and change the nature of the establishment into a destination use that is likely to exacerbate problems currently experienced in the district related to overcrowding, parking and traffic congestion. The proposed nightclub use is well represented on and around the Promenade and approval of such use would disrupt the balance and character of existing uses the encouraged by the Bayside Specific Plan. A walk-up service bar would further impair the integrity and character of the Bayside District in that it would significantly increase the alcohol-serving component of the existing establishment and diminish the primary use of the restaurant/billiard hall business. 2. The proposed use is not consistent with the goals, objectives, and policies of the General Plan in that the adoption of the Bayside District Specific Plan encourages a mix of uses that serve daytime and evening Bayside District residents, City-wide residents as well as tourist and visitors to the City. Land Use Policy 4.1.1 identifies the type of uses encouraged on or near the Promenade as retail, restaurants, cultural facilities and other complimentary uses. Introduction of the nightclub component of the project would disrupt the balance of uses that exists on the Promenade and construction of the walk-up service bar would significantly increase the alcohol-serving component of the existing establishment and diminish the primary use of the restaurant/billiard hall business. 7 3. The proposed use would be detrimental to the public interest, health, safety, convenience, or general welfare in that the proposed project is inconsistent with the Bayside District Specific Plan which, through the goals, policies and objectives, protects the community interest and general welfare by encouraging a mix of uses that serves all aspects of the community for both daytime and evening visitors. The proposed use further intensifies the alcohol-related component of the existing restaurant and introduces a nightclub use that is already well represented on and around the Promenade. 4. The proposed use will result in an over concentration of such uses in the immediate vicinity, within 600 feet, in that five existing establishments already offer nightclub and entertainment uses and alcohol-related establishments are available throughout the District. ALCOHOL OUTLET FINDINGS 1. The proposed use will adversely affect the welfare of neighborhood residents in a significant manner in that the proposed nightclub use and walk-up service bar would alter the character of the existing restaurant/billiard hall use upsetting the balance of uses in the Bayside District and significantly increasing the occupancy and alcohol-serving component of the existing establishment. 2. The proposed use in not compatible with existing and potential uses within the general area in that the existing business and surrounding uses are oriented toward pedestrian activity and that the introduction of a new walk-up service bar and introduction of a nightclub would remove some of the available on-site dining opportunities, increase the availability of alcohol and significantly increase the occupancy of the existing establishment. Such changes to the mode and operation of the business would attract destination-oriented customers, increase problems typically associated with such uses including overcrowding and impacts to parking and traffic congestion and reduce the pedestrian-oriented nature of the Promenade thereby rendering the proposed project incompatible with the adjacent uses. 3. The public health, safety and general welfare are not protected by the proposed project in that the proposed use further intensifies the alcohol-related component of the existing restaurant and introduces a nightclub use that is already well represented on and around the Promenade. 4. The objectives of the General Plan are not secured in that the proposed project is inconsistent with the Bayside District Specific Plan, specifically General Land Use Policy 4.1.1 which identifies the type of uses encouraged on or near the Promenade as retail, restaurants, cultural facilities and other complimentary uses. The proposed nightclub and alcohol intensification is not a complimentary use and is a use that is already well represented in the Bayside District. 8 Prepared by: Jonathan Lait, Associate Planner Attachments: A. Municipal Code and General Plan Conformance B. Notice of Public Hearing C. Police Department Correspondence D. Action from the Bayside District Corporation E. General Land Use Policies of the Bayside District Specific Plan F. Photographs of Site and Surrounding Properties G. Existing and Proposed Floor Plans 9 ATTACHMENT A MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE LAND USE CATEGORY ELEMENT MUNICIPAL CODE PROJECT Permitted Use Service and Restaurant with 287 seat restaurant Specialty alcohol/Nightclub with alcohol service Commercial permitted with and a 400 square foot approval of a dance floor for Conditional Use Nightclub related Permit. activity. 10 11