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SR-402-001 (3) CITY OF SANTA MONICA CITY PLANNING DIVISION STATEMENT OF OFFICIAL ACTION PROJECT CASE NUMBER: 99CUP-040 LOCATION: 1410 Third Street Promenade APPLICANT: Herb Astrow CASE PLANNER: Jonathan Lait, Associate Planner REQUEST: 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. 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. PLANNING COMMISSION ACTION April 5, 2000___ Date. _____________ Approved based on the following findings and subject to the conditions below. X Denied. _____________ Other. EFFECTIVE DATE OF ACTION April 20, 2000___ Conditional Use Permit 99-040 - 1 - 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. 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. - 2 - 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. VOTE Ayes: Breisch, Brown, Clarke, Olsen, Zinner Nays: Parlee Abstain: Absent: Kanny NOTICE If this is a final decision not subject to further appeal under the City of Santa Monica Comprehensive and Land Use Ordinance, the time within which judicial review of this decision must be sought is governed by Code of Civil Procedures Section 1094.6, which provision has been adopted by the City pursuant to Municipal Code Section 1.16.010. I hereby certify that this Statement of Official Action accurately reflects the final determination of the Planning Commission of the City of Santa Monica. Submittal _____________________________ _____________________________ Kenneth Breisch, Chairperson Date f:\plan\share\pc\stoas\99CUP040.doc - 3 -