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SR-402-001 (44) . . /~-c JUl 1 0 1990 California C/ED:PB:DKW:SW pc/ccc015 Council Mtg: July 10, 1990 rt7~otOl Santa Monica, TO: Mayor and city council FROM: city Staff SUBJECT: Appeal of a Planning commission Condition of Approval and an Appeal of a Planning Commission Approval of Conditional Use Permit 90-015 to Allow a Restaurant/Bar/Dance Hall/Billiards Club in an Existing Building at 1431 Third street Promenade. Applicant: Albert Mizrahi Appellant: Hanna Hartnell INTRODUCTION On April 18, 1990, the Planning commission approved CUP 90-015 to allow a restaurant/bar/dance hall/billiards club in an existing building at 1431 Third Street Promenade by a vote of 5-1 with one absence. The applicant has filed an appeal regarding conditions of the approval, and a neighbor has filed an appeal of the project approval. The appeal forms are provided as Attachments A and B. This report recommends that the city Council approve the revision of some of the conditions of approval and deny the appeal of the project approval. BACKGROUND The applicant is proposing the operation of a 48 seat restaurant, 24 seat bar, and 82 seat dance area with 16 pocket billiard tables. A Type 47 alcohol permit, on-sale general for bona fide eating place, is being requested by the applicant. The restaurant/billiards club would be located on the second floor of - 1 - I~-~ JUL 1 0 1990 . . the building at 1431 Third street Promenade with existing retail to remain on the first floor. ANALYSIS Applicant's Appeal At the Planning Commission meeting of April 18, 1990, the Commission approved the proposed restaurant/billiards club with the conditions contained in the attached Statement of Official Action. Planning staff met wi th representatives of the Santa Monica Police Department prior to the commission meeting to discuss the proposed proj ect. Their maj or concerns included limiting access of the establishment to adults only and that no private areas be established, to prevent possible illegal uses such as gambling. These conditions were included in the Planning Commission staff report as alcohol outlet conditions # 1 and #2 (see Attachment D). staff also conferred with the state Alcohol Beverage Control Department (ABC) regarding limits as to serving alcohol. As a result, staff recommended a condition that the establishment may serve alcoholic beverages from 10 a.m. to 12 a.m. only. In addition, the Planning Commission imposed a condition which limits hours of operation for sunday through Thursday from 10:00 a.m. to 12:00 a.m. and for Friday and Saturday from 10:00 a.m. to 2:00 a.m. (see Attachment C). The applicant is appealing both conditions above as being unnecessarily restrictive and as imposing a prohibitive economic - 2 - . . condition (see Attachment A). The applicant is requesting that the hours of operation be extended to 2:00 a.m. seven days a week and that the restriction upon serving of alcohol between 12 a.m. and 2 a.m. be removed. The applicant met with the Police Department regarding these restrictions following the Planning Commission meeting of April 18, 1990. Representatives of the Police Department indicated at that time, to the applicant and to staff that they did not object to a closing time of 2 a.m. each day for the establishment as their other concerns had been met. The applicant also contacted Mr. John Hirai of the ABC who also indicated that the Department did not have an objection to these hours of operation. Recent approvals of conditional use permits for alcohol licenses for restaurant uses along the Third street Promenade, however, include limiting hours of operation and limiting hours that alcohol may be served (see Attachment F). On several recent proj ects involving restaurants wi th bars, no alcohol may be served in the bar after midnight, but alcohol may be served in the dining room after midnight. staff is recommending that alcohol outlet conditions #5 & #8 (see Attachment D) be changed to include serving of alcohol after 12 a.m. in the dining room only. Approved hours of operation for several establishments with similar uses such as dance floors, limit such uses from 9 a.m. to 12 a.m. Sunday through Thursday and 10 a.m. to 2 a.m. Friday and Saturday. A restaurant/bar/billiards club located 450' north of - 3 - . . the site was approved by Planning commission with hours of operation from 6 a.m. to 2 a.m. and no restrictions upon serving of alcohol. Notwithstanding that approval, the Planning Commission felt that limiting late night operations Sunday through Thursday was appropriate. The applicant is also requesting a clarification of the number of seats as opposed to "persons" specified in the staff report (see Attachment D) permitted for the establishment as follows: a 48 seat restaurant, a 24 fixed-seat bar, and an 82 seat dance floor area for a total of 154 seats (see Attachment E). Neighbor's Appeal Following the April 18, 1990 Planning Commission approval of the proposed project, a neighbor appealed the Commission's action. The neighbor's appeal relates to the effects of noise generated from the dance area which would be located adj acent to the neighbor's workplace/residence on the second floor of the adjacent building (see Attachment B). Windows on the second floor for each structure are adjacent to each other and the neighbor is concerned about her ability to open the windows without adverse noise impacts. The neighbor is concerned that Planning Commission special condition #4 (see Attachment D) requiring that party walls between residential and commercial units be soundproofed to a standard of 60 decibels, may not be sufficient to contain the noise from the establishment. The neighbor also requested that a certified acoustical engineer inspect and report on the effects of developing the space. The - 4 - . . applicant has informed staff that he has retained an engineer to perform such a study. As of this writing, however, the report has not been provided to staff. The neighbor has also stated that she did not receive notification of the Planning Commission hearing of April 18, 1990 regarding the billiard club at 1431 Third street Promenade. Appropriate notice has been provided for the Council hearing on the matter. The Planning Commission's conditions of approval regarding both the hours of operation and the standard condition of soundproofing the establishment to 60 decibels, is an attempt to mitigate the impact of the project on adjacent properties and the Third street Promenade, in general. Planning staff's proposed conditions regarding limiting the hours of serving alcohol were in response to the concerns expressed by the Santa Monica Police Department and the ABC. In staff's opinion, some modifications of the conditions appear reasonable based upon further discussion with the Police Department and the ABC after the Planning Commission hearing. Approved limits upon serving of alcohol for recent conditional use permits on the Third street Promenade indicate that the conditions for the project at 1431 Third street are more restrictive. staff suggests the following amended condition in place of Planning Commission alcohol outlet conditions #5 and #8: Alcoholic beverages shall only be served in the bar between the hours from 10:00 a.m. to 12:00 a.m. On - 5 - . . Fridays and Saturdays, alcohol may be served after midnight until 2 a.m. only in the dining room. The neighbor's appeal is related to the effects of noise generated from the operation of the restaurant/bar/dance hall/billiards club. The Planning Commission stipulated that the shared wall was to be soundproofed to a standard of 60 decibels. The neighbor did not feel that this was sufficient to mitigate the effects of noise emanating from the dance floor area and requested that an acoustical inspection and report be prepared. The Planning Commission made this a condition of approval; staff is recommending that the condition be revised to indicate more clearly to whom the report is to be submitted, as well as to impose a more restrictive limit (45 decibels) on noise levels affecting neighborhood uses. The recommended level was selected after consultation with the City's consultant for the Noise Element of the General Plan. 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 uphold the Planning Commission approval of Conditional Use Permit 90-015 with the findings and conditions contained in the April 18, 1990 Planning Commission statement of Official Action, with the revision of alcohol outlet conditions # 5 & 8 and special - 6 - . . Condition #4 in the statement of Official Action (Attachment C) as stated below. Alcoholic beverages shall only be served in the bar between the hours from 10:00 a.m. to 12:00 a.m. On Fridays and saturdays, alcohol may be served after midnight to 2:00 a.m. only in the dining room. Party walls, floors, and windows shall be appropriately insulated to minimize sound transmissions from the facility to neighboring uses. Soundproofing shall be to a standard whereby the neighboring uses are not subject to noise levels of greater than 45 DBA. A noise mitigation plan to achieve this objective shall be presented to the Building and Safety Officer, the Director of Planning, and neighboring businesses prior to issuance of any building permits for the facility. The Building and Safety Officer shall review and approve said plan. Prepared by: Susan White, Assistant Planner Paul Berlant, Director of Planning Planning Division Community and Economic Development Department Attachments: A. Appeal form dated 5/2/90 B. Appeal form dated 5/2/90 C. Planning Commission Statement of Official Action dated 4/18/90 D. Planning Commission staff Report dated 4/18/90 E. Floor Plans and Elevations F. Memorandum pcjccc015 SW 06/28/90 - 7 - ALLAN A 10 'LA ATTORNEV ~~ -- -- SVtTIE I 'lit 08 CgeO ....ILSHIR[: BOUl.iEV...RO LOS ANG.t:LI:5 CALIf'OR.....',A 900i:4--3eCS 12'~.J) 82-415100 TIEU::C:;:O.'E.R 12131 82'4-331-3 City of .nta Monica 00 EconomiC Development Department annlng and Zoning DIvision (213) 458-8341 APPEAL FORM ,Arr4cH~1E^rr 4 FEE: $100 00 Dale Flied ReceNed by Receipt No MAY ZY\c\ ~ \~qc> sw E\S~'2. (",0 ~me Albert Mizrahi Address c/o Allan Albala Contact Person Allan Albala 10960 W~lshire B1. r #1908, Los Anqeles, CA 90024 ~~ 213-824-5100 Please deSCflbe the project and deciSIOn to be appealed The appeal is as to the restriction on hours of or::eration on Srmdavs thru Thl1r~.=lV_ 'T'hP. Pl;:mn;ncr f'tmmi!=:!=;inn rPrTIl;n:>n .::a~ .::a f"rlnn;t-;nn that the restaurant billiard room- and dance and ~ic area clo~ 12:00 p_m. Slll1day t1u:u Thursday. Case Number CUP 89-015 Address 1431 'IhJ..rd Street, Santa M:mica Applicant Albert ~1izrahi Onglnal hearll'lQ date Apr~1 18, 1990 Ongmal actlon Apn.l 18, 1990 Please stale the specific reason(s) for the appeal WJ.l~: be secur~t:y at all tirres pursuant to plan c.?proval by the Santa ~bmca Police Cepa.rt:m:mt. The :restrict1'\~ hours orevent the business fran COI1'petJ.nq w~t-h H;m{1.<l:r ous:..nesses now open and to be opened on the lmrd Street Prorrenade, all of which are allc:wed to be open lIDtil 2:00 a.m. The restrictive hours inpose a prohibitive economic condition. No other similar business is so restricted. There Stgnature /i J J. ~ If add~IOnal space IS needed, LISe bacic of lorm ~ 1Y;1 ~ Dale Ilay 1. , 1990 ALBERT HIZRAHI -- -- CIty of Santa Monica Community and EconomiC Development Department Planning and Zoning Division (213) 458-8341 APPEAL FORM B FEE: $100.00 Date Filed r:- 2- -- r 0 Received by L ~ c.-~ Receipt No , "'5 <(?I.P] Name 11: ti/} 11/1 1/ t:l !l. 7fJ LLL Address IC/b~ ~~ s-r. 'p~....".c.", 3"'\ 3 ~ SSi Contact Person /J-.t-.q-u--e- Phone .3 f ~_ 6 r p 1 Please descnbe !he project and deciSIon to be appealed Lv/) H ~ I'l't -- ~ 5""-&",~ ~ t-W tj~~, S-lftf-. I~ ~ ~--f. ~, ~~ ~~~~~~/ 4"'~ -c. .. Case Number G. U P 'i () - cJ / S Address I Lf ~ f ft...t. hJ. S. 'r. P ~ ~ . Applicant ~~-I- 11 /VlR/-li Onglnal hearmg date ,,--( ~ - ~ D Onglf1al actIOn f If"f -"i &-~ Please stateJhe specIfIC reason(s) for the appeal / ~ ft- .A.t.:L..-~..J.. ~ ~ ~ ~ ~~, ~.tLrfL. - ~ crI-~ t..V~ r ~~~ o r~--.:.i-j ~ ~r-~1 .(.. ~~ <0 ~/41 ~ /~ ~_ ~ Q... ~ ~ 4d-..-r-..,L .,v-r:hd- ~~/ / ~ ~ (l~...1 ~M Lt~~,l ~ ~ ~~. /,v'&- ~ fpL If'I..L ~ ~~d 1Cn-r-. 'v - v ~ I1A.1 ~ dV? ~.6--~~'-- -I- .,tp L-A.., JL~~ -_ c-JL I..rtd. /~u...';t--e.., ~~ ~ i ~~ ~ ~ 'I-- f'J"4.:. fI'{;/.. ~. ~ ~/ &4 ~ ~ bk tI-h4' vU-- ~ r.A~. ~~c:J ~ ILU ~ ~ ~ 0...w.L t-v-~ :.-t -t:h_ P~d~ 0 ~ ~ (.wvt-- uti ~~ lM't- . / I L...--I ~~--f tft ~ ~ ~ ~d. ~ I d I' .; / 1.rl. u,.. T n..--Y- 4 t.d"v-7.-d' Lr....vv--f &----cI.. ~ -r ~~ if...- 1'0.'.0 ~ ~~ _____-,... ./ ., iJ - 1- H.. cl.......t /I~ ~,. . t1--..L ./~ ~~-- _-I-~. . ~ ;rIvYAAlf~~~ ~~ ~~ j~~,~ ~t:k ~ ~~ r I ~rv--ec;{ ~ ~ ~ " J(~ IZ_'~ ~-v+r~ r)^ ~__ - If addrllonal space IS neeied, use back of form ' w,. Signature v \ ~ "'V. i)r Date \" - 1. - f 0 e( . ( \3 - - - - - --------.~~- -- --~----------...... - - - - --- - - - - - ~ -------- --------~-~-- May 6 I 1990 "_1 J 1 Dear- SU5an~ Ae: Appeal It AgO-OIl I would like to have the enclosed statement attached to my or-iginal appeal that I filed last week. Would you please see that it is accomplished? Thank you For- your- assistance. Sincer-ely, ~~ ------ HANNA HARTNELL ( - ---- -- ----~-- -- ~---------.......-.--- --------- - - - -- -. --~-.-~- ..........---- -_ __ ~_ ________T_...-=.__ TO BE ATTACHED TO : Appeal # A90-011 CUP 90-015 It 15 my under-standing that the pr-oposed space has wooden Floors. As wood conducts sound easily, and there ar-e also w1ndows that open adjacent to mine, I am requesting that a cer-tified ac~ustical eng1n- eer inspect and report on the possib11lty of develop1ng the space at 1431 as presented by the applicant and successfully containing the noise. I am also not 1n agreement that 60 decibels is a nOIse level one can sleep with as descr-ibed to me by the planning department. They say 60 decibels 1S equIvalent to the sound of a CBsh register or commercIal dish washer at the distance of 10 Feet. No one could work, live or sleep with this amount of n01se. , -, ... i ~ P- . ./ 'II: I ..... ~ ~ . . Jo_ "t I "_ ~.... ~,-. 9C~:~1.. . . C- ! IS STATEMENT OF OFFICIAL ACTION PROJECT NUMBER: Conditional Use Permit 90-015 LOCATION: 1431 3rd Street Promenade APPLICANT: Albert Mizrahi REQUEST: To operate a restaurant/bar/dance hall/billiards club in an existing structure. PLANNING COMMISSION ACTION 4/18/90 Date. x Approved based on the following findings and SUbject to the conditions below. Denied. other. 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 pertain 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 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 - 1 - e . 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 maj ori ty 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 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. - 2 - e . 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. 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 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. 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 - 3 - . . 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. 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. If conditions are not met, Planning Commission approval for this project is considered void. Any changes in project plans must be approved by the Planning Director. 2. Hours of operation for Sunday through Thursday shall be limited from 10:00 a.m. to 12:00 a.m. The hours of opera- tion for Friday and Saturday are from 10:00 a.m. to 2:00 a.m. 3 . Persons 21 years of age and over are permitted to enter the bar and dance floor areas only. Persons under 21 years of age are permitted access to the restaurant area only. 4. Party walls between residential and commercial units are to be soundproofed to a standard of 60 decibels. 5. Number of persons shall be limited to 85 persons in the dance floor area and 48 persons in the restaurant area. - 6. The Landmarks Commission shall review the site plans and design prior to review by the Architectural Review Board. 7. 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. CONDITIONS plans 8. This approval is for those plans dated March 8, 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. - 4 - e . 9. 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. 10. 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. 11. Construction period signage shall be subj ect to the ap- proval of the Architectural Review Board. 12. Plans for final design, landscaping, screening, trash en- closures, and signage shall be subject to review and ap- proval by the Architectural Review Board. 13. 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 14. 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 establishing 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 pa:r such new annual em- ployer fees related to the City'S Transportation Manage- ment Plan. Construction 15. 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. 16. 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. - 5 - . . Environmental Mitigation 17. 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 18. The building address shall be painted on the roof of the building and shall measure four feet by eight feet (32 square feet). 19. Refuse areas, storage areas and mechanical equipment shall screened in accordance with SMMC Section 9040.13-9040.15. Refuse areas shall be of a size ade(~ate to meet on-site need, including recycling. The Architectural Review Board in its review shall pay particular attention to the screening of such areas and equipment. 20. 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 21. 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. 22. 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 conditionf;. The signed State- ment shall be returned to the Planning Division. Failure to comply with this condition shall constitute grounds for potential permit revocation. 23. This determination shall not become effective for a period of fourteen days from the date of determination, or 1 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. - 6 - . . 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 and dance floor areas 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. 5. Alcoholic beverages shall only be served between the hours of 10:00 a.m. to 12:00 a.m. 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 establishment shall not serve alcoholic beverages after 12 a.m. 9. The owner shall control noisy patrons leaving the restaurant. 10. The use of the premises for sit-down meal service to patrons shall be maintained as a maj or component of the project. 11. The premises shall maintain a kitchen or fOOd-serving area in which a variety of food is prepared and cooked on the premises. 12. The premises shall serve food to patrons during all hours the establishment is open for customers. 13. Seating arrangements for sit-down patrons shall not exceed 48 seats unless otherwise approved by the Director of Planning. 14. Take out service shall be only incidental to the primary sit-down use. 15. No alcoholic beverage shall be sold for consumption beyond the premises. 16. No more than 4 video, pinball or other arcade games shall be on the premises. - 7 - . . 17. Final plans for any changes to exterior design, landscaping 1 trash enclosures, and/or signage shall be subject to review and approval by the Architectural Review Board. 18. 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. 19. The applicant shall comply with all legal requirements regarding provisions for the disabled, including those set forth in the California Administrative Code 1 Title 24, Part 2. 20. 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. 21. 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. 22. No noise generating compressors or other such equipment shall be placed adjacent to neighboring residential buildings. 23. 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. - B - . . VOTE Ayes: Nays: Abstain: Absent: Farivar, Kaufman, Mechur, pyne, Rosenstein Nelson Lambert 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. I hereby certify that this statement of Official Action accurate- ly reflects the final determination of the Planning Commission of the city of Santa Monica. r r 4 /<?" /~/- ( "L;~~"~ '---s1.gnature /~u~ 7r~ //; //70 datp' / Donald Lewin Nelson, Chairperson Please Print Name and Title I hereby agree to the above conditions of approval and acknowledge that failure to comply with such conditions shall constitute grounds for potential revocation of the permit approval. Applicant's signature Print Name and Title PC/AM143l SW 4/30/90 - 9 - .e .e tg CITY PLANNING DIVISION community and Economic Development Department 4 7I'4?HI<! ~N'T D HEMORANDUH DATE: April 18, 1990 TO: The Honorable Planning Commission FROM: Planning staff SUBJECT: CUP 90-015 Address: l43l Third street Promenade Applicant: Albert Mizrahi SUMMARY Action: Review of appl ica tion for a Conditional Use Permit to allow the on-site sale of alcohol in a proposed 9,365 square foot, 48 seat restaurant/ bar/ dance hall/ billiards club in an existing structure. This matter was on the April 4, 1990 Planning Commission agenda, but was continued due to both the Commission's workload that eve- ning, and the applicant's desire to meet with City staff concern- ing the recommended conditions of approval. This staff report reflects changes in reco~mended conditions of approval resulting from the applicant I s agreement to restrict access to the es- tablishment to adults only. Recommendation: Approval with Conditions Permit Streamlining Expiration Date: September 12, 1990 SITE LOCATION AND DESCRIPTION The subject property is 7,500 sq.ft. parcel located on the east side of Third street Promenade between Broadway and Santa Monica Boulevard, with a frontage of 50 feet. surrounding uses consist of retail (C3C) to the north and west, restaurants (C3C) to the south, and a city parking structure (C3C) to the east Zoning Districts: C3C, Third street Specific Plan Zone 1 Land Use Districts: Downtown core Parcel Area: 50' X lSO' - 7,500 square feet PROPOSED PROJECT - 1 - e. e. proposed is an 48 seat restaurant/bar/dance hall/billiard club located on the Third street Promenade on the second floor of the Oddfellows Hall Building, presently vacant. Retail use exists on the first floor of the building. A Type 47 alcohol permit, on- sale general for bona fide eating place, is being requested by the applicant. The project would continue previous historical uses of the meeting hall including a dance floor, billiards and food service. GENERAL PLAN AND ZONING ORDINANCE 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 project is Categorically Exempt per the City of Santa Monica Guidelines for the Implementation of CEQA, class 3(l4). RENT CONTROL STATUS No residential units exist or are proposed on the site. FEES The proposed building and use are not subject to any Planning and Zoning fees. ANALYSIS Background Proposed is an 48 seat restaurant/ barf dance hall/ billiard club in an existing three story 7,500 square foot retail site. The applicant proposes l6 pocket billiard tables, with five of the total number of tables on an upper mezzanine level, two full kitchens, restroom facilities, a 24 fixed seat bar and a standing bar, and a 608 square foot dance floor with 58 seats. Hours of operation proposed are from 10:00 a.m. to 2:00 a.m. staff proposes limiting the hours of operation from 10:00 a.m. to 12 a.m. The Planning Commission may want to review the hours the operation. There are nine Type 4l, three Type 47, two Type 48, one Type 5l, and one Type 57 alcohol license within a 500' radius of the proj- ect site. Based on the 1980 Census for Santa Monica, there are approximately 196 people within the area. One church also exists within a 500' radius of the project site. According to the De- partment of Alcoholic Beverage Control (ABC), eighty (SO) alcohol licenses exist on the 3rd street Promenade. The ABC states that under typical guidelines used, only three (3) alcohol licenses would be allowed. Because of the nature of the downtown area, which is not a suburban area, application of this guideline has been modified. - 2 - , . Both the General Plan and Third street Specific Plan encourage a concentration of restaurant and entertainment uses in the central business district where the project is located. However, a simi- lar proj ect is located only 450 feet to the north at 1410 3rd Street. The 3rd Street Billiard Club includes restaurant/barf billiard uses with a total of 32 billiard tables. Planning staff met with representatives of the Santa Monica Police Department and also conferred with the state Alcohol Beverage Control Department concerning the proposed project. The Pol ice Department was concerned about several aspects of the project and staff is recommending conditions of approval to ad- dress these concerns. A key Police Department concern with the previous version of the project was potential problems with alcohol consumption by minors. For this reason, the Police Department had recommended that the establishment be limited to a beer and wine license, and that the dance floor be eliminated. Subsequent to the issuance of the Planning staff report, the applicant met with Police per- sonnel and agreed to limit access to adults only. With this change, the Police Department indicated their former concerns would be mitigated. A continuing issue with the project is public access to the upper level room. Some other establishments with similar rooms having limited public access have experienced problems relating to ille- gal activities such as gambling. Therefore, a condition is recommended that public access be maintained to the upper level room when the room is in use. As conditioned 1 the Police Department has indicated that the proj ect is acceptable. Staff is recommending approval of the project with the recommendations and conditions of the Police Department included. parking Analysis Due to its location in the downtown parking assessment district, no on-site parking would be required for the subj ect proposal. Based on a Parking Demand Analysis report prepared by Kaku and Associates, there are 3,156 existing parking spaces in the City'S six downtown parking structures. Total peak demand occurs between 3: 00 and 4: 00 p.m. Demand decreases until 10: 00 p.m. when use of parking spaces is minimal. Current use of the site for first floor retail would, if notin the assessment district, require 25 parking spaces. With the proposed use, 125 additional parking spaces would otherwise be needed. Due to the non-peak hour demand of the project, impact on the number of available parking spaces is minimal. The Parking and Traffic Division plans to update the assessment district study within six months which will update will include actual parking counts. The timing of the update is intended to - 3 - . . reflect the opening of the new movie theatres and restaurants planned for the Third Street Promenade area. Relation to Downtown Development Plans The Planning co~mission has indicated some concern with the num- ber of new restaurant and entertainment uses being developed on the Third street Promenade. Staff believes that this activity should be viewed in the context of both the objectives of the Third street Mall Specific Plan, and in the context of overall downtown business and development activity. Key issues cited in the Specific Plan included the need for an upgrade of the public areas of the open-air mall, the need for a review of parking resources to serve the area, the role of residential development in the area, the absence of major "des- tination" uses, the lack of evening activity in the area, and the issue of diversity of businesses in the area. Among the major objectives and policies of the plan are the following: Extend the active period of the Third street Mall into nighttime hours. Concentrate comparison retail uses and other complementary uses (such as hotels, offices, cultural facilities, res- taurants, social services, and housing) on or near the Third street Mall as necessary to provide a catalyst for its revitalization (General Plan LUE policy 1.4.1). Provide for the development of new uses which increase the economic activity of the Third Street Mall, including retail and specialty commercial, eating and drinking es- tablishments 1 entertainment facil i ties (theatres, cl ubs 1 etc.), prOfessional offices, and hotels. Allow for the development of retail, prOfessional offices, personal and business services, entertainment, res- taurants, cultural, educational 1 health facilities, artist studios, and other related uses above the first floor of structures. Encourage the introduction of uses which would attract nighttime use of the mall, such as movie theatres, cul- tural performance halls, restaurants, and entertainment facilities. Introduce improvements and uses which enhance the mallfs ability to capture the significant residential and tourist market. Clearly, the Specific Plan encouraged a diversity of restaurant and entertainment uses concentrated on the Promenade. - 4 - -e .. To provide a context for examination of business activity on the Promenade 1 staff obtained a listing of all business licenses in the area bounded by Ocean Avenue, Wilshire, 5th street, and Broadway. According to the Business License Division, there are a total of 1059 businesses in this area. Of these, 21 percent were retail establishments, 25 percent were service businesses, 6 percent were office uses, 32 percent were professionals 1 8 percent (81 businesses) were restaurants and related food and beverage establishments, and another 8 percent fell into various miscellaneous categories. considered within the context of the larger downtown area, restaurant and related uses are not a predominant use. staff maintains a "Cumulative projects List" for new commercial projects larger than 15,000 sq. ft. or having more than 15 dwelling units. When downtown projects are excerpted, the information indicates that approximately 6l percent of the new square footage is devoted to office space, about 20 percent to retail, about 5 percent to residential, about 6 percent to entertainment, about 4 percent to restaurant, and the remaining 4 percent to miscellaneous uses. Like the business license data, this examination of overall downtown major development projects reveals that restaurant uses do not constitute a high percentage of new development activity. Conclusion The General Plan and the Third street Specific Plan }:)oth en- courage uses that promote nighttime activity in the central busi- ness district. The proposed proj ect conforms to the intended restaurant/entertainment use for the central business district, however, recent concerns regarding the increasing number of al- cohol outlets requires that the Planning Commission carefully consider the recommended restrictions on the proposed proj ect. The required parking should be satisfied through the use of the Cityts parking structures. RECOMMENDATION It is recommended that the planning Commission approve CUP 90-0l5 subject to the following findings and conditions: 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 pertain 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 nighttim.e use of the site and will contribute to the economic revitalization of the - 5 - ~-- .. ee 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 maj or 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 l. 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 sale of alcohol is - 6 - , '- 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. The primary use of the 2250 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 corner 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 being con- structed on the site will contain general retain and of- fice uses that are physically separated from the res- taurant use. The restaurant use will not interfere with use of the remaining commercial uses along the mall and may stimulate greater use of the retail space and office areas. 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 1 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 si te 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 ground floor res- taurant will contain a design that will reinforce street level activity along the Promenade. - 7 - . # 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 1 health 1 safety 1 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 1. The hours of operation shall be limited to lO:OO a.m. to 12:00 a.m. Plans 2. This approval is for those plans dated Karch 8, 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. 3. 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. 4. 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 sub~itted or as ~odified by the Planning Commission, Architectural Review Board or Director of Planning. 5. Construction period signage shall be subject to the ap- proval of the Architectural Review Board. - 8 - , -e ee 6. Plans for final design, landscaping, screening 1 trash en- closures, and signage shall be subject to review and ap- proval by the Architectural Review Board. 7. 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 1 textures and materials; window treatment; glazing; and landscaping. Fees 8. 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 1 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 9. 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. lO. 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 ll. Ultra-low flow plumbing fixtures are required on all new development and remodeling where plumbing is to be added. (Maximum l.6 gallon toilets and l.O gallon urinals and low flow shower head.) Miscellaneous Conditions 12. The building address shall be painted on the roof of the building and shall measure four feet by eight feet (32 square feet). l3. Refuse areas, storage areas and mechanical equipment shall screened in accordance with SMMC section 9040.13-9040.15. - 9 - .. e- , 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. 14. 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 15. 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 pe issued until such violation has been fully remedied. l6. 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. 17. 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. No private areas shall be established and no restrictions to access shall be placed upon the upper level room con- taining billiard tables. 2. No person under 21 years of age shall be allowed in the premises 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 for provide designated types of beverage dispensers which will clearly distinguish alcoholic beverages from non alcoholic beveraqes. 5. Alcoholic beverages shall only be served between the hours of lO:OO a.m. to l2:00 a.m. - 10 - ...... ~ ....... " ..... 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 establishment shall not serve alcoholic beverages after 12 a.m~ 9. The owner shall control noisy patrons leaving the restaurant. 10. The use of the premises for s1 t-down meal service to patrons shall be maintained as a major component of the project. l2. The premises shall maintain a kitchen or food-serving area in which a variety of food is prepared and cooked on the premises. 13. The premises shall serve food to patrons during all hours the establishment is open for customers. 14. Seating arrangements for sit-down patrons shall not exceed 48 seats unless otherwise approved by the Director of Planning. l5. Take out service shall be only incidental to the primary sit-down use. 16. No alcoholic beverage shall be sold for consumption beyond the premises. 17. No more than 4 video, pinball or other arcade games shall be on the premises. 18. Final plans for any changes to exterior design, landscaping 1 trash enclosures, and/or signage shall be subject to review and approval by the Architectural Review Board. 19. Minor amendments to the plans shall be subject to approval by the Director of Planning. An increase of more than lot 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. 20. 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. - II - - - "t' ,,- Q._ 0 N M X. 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C;Up 'to-OJ S- ZONE C. ;J-c. - S-i"REETADDRESS ILf3/ IHIRP dr. .A-ti3ERr f-i7IZR,4H/ DATE PUBLIC HEARINGAPRIL 4; DATE ICJ'1o APPLICANT .. . I " .. .. . . .. Reference Atlas Map , Sheet No 3 i .. ReqUired Radius ~Ol ~ . - F CITY PLANNING DIVISION COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT MEMORANDUM DATE: July 10, 1990 TO: File FROM: Susan White, Assistant Planner Approved Hours of operation for Restaurants and Bars Serving Alcohol on the Third Street Promenade The following is a partial list of previously approved establishments serving alcohol and their hours of operation: SUBJECT: 1. 1231-1233 Third Street Promenade: "L.A. International Culinary Institutell from 7 a.m. to 2 a.m. with no alcoholic 11 a.m. or after 1 a.m. daily. Alcohol the restaurant area after midnight. Restaurant to operate beverages sold prior to shall only be served in 2. 1311 Third Street Promenade: IISports Legend" Restaurant/ Bar. Special condition for restaurant and bar to close no later than 1:30 a.m. with no restrictions upon serving of alcohol. 3. 1351 Third street Promenade: "Teasers" Restaurant/ Bar/ Dance Floor. Restaurant shall not serve alcoholic beverages in bar area after midnight, but may continue to sell alcoholic beverages in dining area. Dance floor hours are limited from 9 p.m. to 12 a.m. Sunday through Thursday and 10 p.m. to 2 a.m. Friday & Saturday, 4. 1410 Third street Promenade: "Yankee Doodle" Restaurant/ Bar/ Billiard Club. Hours of operation are limited from 6 a.m. to 2 a.m. daily with no restrictions upon serving of alcohol. 5. 1444 Third Street Promenade: t1Harios's Restaurant" A restaurant/bar/night club was approved by Planning commission with no restriction on hours of operation or upon serving of alcohol. 6. 1446 Third street Promenade: "chillers" Restaurant. Hours of operation are limited from 11 a.m. to 2 p.m. No alcoholic beverages shall be sold prior to II a.m. or after 1 a.m. daily. - 1 - . . 7. 1460 Third street Promenade: Closing hours for the "Broadway Bar & Grill" are 12 a.m. Sunday through Thursday and 2 a.m Friday & Saturday with no restrictions upon serving of alcohol. hpwordjthrd SW - 2 - , GORDIN BRICKEN & AAoCIATES CONSULT'NG ACOUSTICAL and ENERGY ENG)NEER6 A-~~ rtJ /~~l'! 'ct". -'U ,~ -9 r_ 8 :42 June 29, 1990 JUl 1 r 19QO MR. DON BRUCKMAN' BROCKMAN DESIGN 1733 West Wash~nqton Boulevard Venice, Califc~n~a, 90291 SUBJECTs VERtFICATION OF COMMON WALL STC RATING -- Q~O I I I I . . _I ._ FELLOWS -- CITY OF SANTA MONICA I I II _J_ Dear Mr. Bruckman: As requested, the exist1nq common wall assembly of the proposed 000 FELLOWS enterta~nment hall has been investigated regard1ng the expected STC rat1ng for th1$ type of aSGembly. According to section number 1.4.1.3.1.3 of the Californ~a Offic~ of Noise Control' s IICat.alog of STC and lIe Ratin9S for Wa.ll aod F1oor/CeilinQ Assemblies., the ex~st1n9 common wall assemb~y should rate STC 59. However, this test assumes a wall in prist~ne condit~oD. The actual wall is many years old and has most probably developed cracks throughout ~ts structu~e. Thus, it will be necessary to improve the wall to not only make up the one (1) STC rat~n9 point that the test wall needs to achieve STC 60 but also to ga1n enough points to ensure that the actual wall will comply. The follow1ng proposed common ~Al1 improvements should be capGbl~ of ra~s~ng Lhe actual wal116 STC ra~ing to a~ lease ~~c 60: 1 l.1621 Ea.t S"""ntssnth SM.t. Suots K Fur out one aide of the exist~n9 wall "sing ~R x 4ft studs. 16- o_C_. to craatQ a 3 1/2- 1n8ulat~Qn cavity_ F111 insulat~on cav~ty w~tn R-ll Fibe~glass ~nsulation. Finish the wall us~n9 two layers of 5/an Type X drywall d~reetly na~led to the furring studs. Caulk perimeter of furring wall (at floor, cQil~ng and both Qnd~). ~apQ and fin~ah drywall as usuala . Santa Ana, California 92701 Phone (714) 835.D249 ) FAX (714) 835-1957 . ~~ A:;-e-_ l! II 1 0 19q6 j ... .. . . SENT BY: XEROX Telecopier 7017; 7- 3-90 15:23 7140a5195'1-t 12136222605;# 3 II .... Leas costly imp~ov~ro.nt. co~ld be mAde to ~mp~o~e tne rating of tne actual ~all, but all luch sOlutions WQuld tequire testing of the actual wall to contira the arc 60 ra~n9. If chere are any ~ueDtion. ~egArd1n9 thia mattex, p~ea5e do not neait~te to call. prepU,,,d bYI ~ Christo her Jean Staff Bngineex cf' ~ ' t:1~ ~~1/C- (, / t!t{ rt~.fri7~ CI / !' < . J {-<-r~7