SR-402-001 (5)
ATTACHMENT A
Planning Commission Staff Report,
dated March 21, 2001
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CP:JT:SHK:TK:f:\plan\share\pc\strpt\00CUP015.doc Santa Monica, California
Planning Commission Mtg: March 21, 2001
TO: The Honorable Planning Commission
FROM: Planning Staff
SUBJECT: Conditional Use Permit 00-015
Address: 1251 Third Street/BSC-1, Bayside Commercial District
Applicant: Adolpho Suaya/Gaucho Grill
Property Owner: Federal Realty Investment Trust
INTRODUCTION
Action: Application to amend the conditions of approval of Conditional Use Permit 99-
007 that approved a Type 47 alcohol license for the Gaucho Grill restaurant. The
amendments to CUP 99-007 involve the reconfiguration of the previously approved floor
plan with the addition of 33 seats and the addition of a 96 square foot outdoor dining
area (11 seats) to the previously approved floor plan. The proposal includes the sale
and dispensing of alcoholic beverages in conjunction with the service of food within the
new outdoor dining area. The total amount of seating proposed is 116 dining seats, 8
counter dining seats, and 11 outdoor dining seats for a total of 135 seats.
Recommendation: Approval with Conditions.
Permit Streamlining Expiration Date: March 21, 2001
SITE LOCATION AND DESCRIPTION
The subject property is a 15,000 square foot parcel located on the east side of the Third
Street Promenade in the BSC-1 (Bayside Commercial) District. Surrounding land uses
consist of the following commercial uses:
North: One story commercial building with retail uses
South: Three story commercial building with retail uses
East: Six story commercial building with retail uses
West: Three story commercial building with retail uses
Zoning District: BSC-1 (Bayside Commercial District)
Land Use District: General Commercial
Parcel Area: 15,000 square feet
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PROJECT DESCRIPTION
The applicant is requesting approval of Conditional Use Permit 00-015 to amend the
conditions of approval of Conditional Use Permit 99-007, which approved a Type 47
alcohol license for the Gaucho Grill restaurant. The amendments to CUP 99-007
involve the reconfiguration of the previously approved floor plan with the addition of 33
seats and a 96 square foot outdoor dining area with 11 seats. The proposal also
includes the sale and dispensing of alcoholic beverages in conjunction with the service
of food within the new outdoor dining area. The proposed outdoor dining area will
extend three feet from the front of the property and will be surrounded by a black, steel
railing. The proposed reconfiguration and outdoor patio addition will bring the total
restaurant seats, including counter dining seats, to 135. The proposed hours of
operation are consistent with those approved by CUP 99-007, Sunday through
Thursday 11:00 AM to 12:00 AM and Friday and Saturday 11:00 AM to 2:00 AM. No
live entertainment or dancing is proposed.
MUNICIPAL CODE AND GENERAL PLAN 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 from the provisions of CEQA pursuant to Class 1 of
the State Implementation Guidelines in that the approval of amendments to the existing
CUP and the addition of a 96 square foot outdoor dining area with 11 seats with Type
47 alcohol service is an operational change involving negligible expansion of use.
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 published in the
“Westside Weekly” section of the Los Angeles Times and mailed to all owners and
residential and commercial tenants of property located within a 500 foot radius of the
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subject lot at least ten consecutive calendar days prior to the hearing. A copy of the
notice is contained in Attachment B.
The project plans were reviewed and approved by the Bayside District Corporation.
ANALYSIS
Background
Gaucho Grill originally located at this site in 1992. Subsequently, AA 98-033 was
approved in 1998 authorizing demolition and construction of a new 21,017 square foot
building. Gaucho Grill relocated into the new building. A Conditional Use Permit (CUP
99-007) allowing a Type 47alcohol license to be used in conjunction with the 91-seat
Gaucho Grill restaurant was approved on June 9, 1999. The restaurant is consistent
with the Bayside Commercial District standards and did not result in an increase in the
total number of food serving establishments in the District since the previous Gaucho
Grill site had not been closed for more than one year and the rights as an alcohol outlet
at this site had not yet expired.
CUP 99-007 approved a floor plan with 91 seats consisting of separate sets of tables
and chairs, but a floor plan with 135 seats was built instead. The main change from the
approved floor plan involved the construction of a booth area near the center of the
restaurant. A series of low walls and partitions created a seating area consisting of
booths as opposed to only tables and chairs. A low wall between part of the dining area
and the counter dining area was extended further than as shown on the approved of
CUP 99-007, with a bench to accommodate table dining built in. The seating area near
the kitchen was also changed to incorporate a bench structure for table dining. The
proposal would amend the existing Conditional Use Permit (CUP 99-007) to reflect the
existing floor plan and add outdoor patio dining that includes the sale of alcohol.
Parking and Circulation
The restaurant is located within the Downtown Parking Assessment District; therefore
no parking is required.
Restaurant Hours of Operation
The current hours of operation for Gaucho Grill are Sunday through Thursday from
11:00 AM to 12:00 AM, and Friday and Saturday from 11:00 AM to 2:00 AM. Alcohol
service is available during all operating hours, and the restaurant’s current operating
hours are consistent with other area establishments. No changes in operating hours are
proposed for the subject Conditional Use Permit application.
However, the proposed hours of operation for the outdoor dining area, particularly the
hours of alcohol service, are not consistent with the Third Street Promenade Outdoor
Dining Standards. These standards require that the latest hour for serving alcoholic
beverages in the outdoor dining area is 11:30 PM. All alcoholic beverages must be
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removed from the outdoor dining area no later than 12:00 midnight. Staff has included
Condition #24 to require the hours of operation for the outdoor dining area be in
conformance with the Third Street Promenade Outdoor Dining Standards.
Police Department and Community and Cultural Services Department Comments
The Santa Monica Police Department does not oppose this application. The Police
Department stated that their concerns are that dancing and live entertainment not be
allowed, that the outdoor dining be limited to no more than 12-15 people, and that the
patio area be surrounded by a barrier. Staff has included Alcohol Conditions #23, #35,
and #36 to address the police concerns. Condition #23 prohibits any dancing or live
entertainment. Condition #35 limits the number of outdoor dining seats to 11, and
Condition #36 requires a fixed barrier surrounding the outdoor dining area.
The Community and Cultural Services Department did not have any comments on the
proposed project.
Alcohol Outlets in the Area
Within a 500' radius of the site, there are five Type 41 alcohol licenses and ten Type 47
licenses, as follows:
Type 41 (On-Sale Beer & Wine for Public Eating Place)
Number of Number of
Name
Address
Seats (Total) Outdoor Seats
nd
Taka Sushi 1345 2 Street 58 0
rd
Reel Inn 1220 3 Street 220 16
rd
Criterion Plaza 1315 3 Street 400 140
rd
Bravo Cucina 1319 3 Street 104 16
rd
Yangtze 1333 3 Street 99 20
Type 47 (On-Sale General)
rd
Monsoon Café 1212 3 Street 270 16
rd
Sunset Pub and Grill 1240 3 Street 105 22
rd
George’s Bistro 1321 3 Street 50 14
rd
Teaser’s Restaurant 1351 3 Street 190 28
rd
Trastevere 1360 3 Street 360 40
Light House 201 Arizona Avenue 90 0
Locanda Del Lago 231 Arizona Avenue 220 47
Bob Burns 202 Wilshire Boulevard 138 0
Pentola Taverina 312 Wilshire Boulevard 145 0
P.F. Chang’s China
326 Wilshire Boulevard 218 0
Bistro
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Neighborhood Compatibility
Within a 500-foot radius of the subject site there are several places of worship, including
the First Church of Science, St. Augustine by the Sea, First Presbyterian Nursery and
the Christian Science Institute. Palisades Park is located just outside of the 500 foot
radius beyond Ocean Avenue to the west of the subject property. There are two
schools, Westside Waldorf School and First Presbyterian Nursery, located within a 500-
foot radius, and approximately 250 people live within a 500-foot radius of the subject
parcel.
The BSC District contains a mix of retail, entertainment, food, office, and housing uses.
Standards for the BSC District permit a greater amount of floor area per parcel than
other zoning districts in order to encourage an increase in the mix of uses and level of
activity in the area, while providing for development that maintains a sense of human
scale and pedestrian-oriented character. Given the density of development, the broad
mix of uses, and that the downtown is the City’s central location for dining and
entertainment establishments, staff believes the proposed floor plan and outdoor patio
addition including sale of alcoholic beverages within the patio area is appropriate. With
the alcohol outlet conditions of approval, the continued operation of a restaurant with a
Type 47 alcohol license with the addition of an outdoor dining area containing 11 seats
and sale of alcoholic beverages in the outdoor patio area will not impair the integrity of
the downtown environment.
Furthermore, staff believes that the current hours of operation for the restaurant and the
hours of operation for the outdoor area as conditioned with hours designated for
complete closure are consistent with the surrounding area and are respectful of other
businesses and residents in the immediate vicinity. The proposed hours of operation
are from 11:00 AM to 12:00 AM, Sunday through Thursday, and 11:00 AM to 2:00 AM,
Friday and Saturday. Condition #23 requires complete closure by 1:00 AM, Sunday
through Thursday, and 2:30 AM, Friday and Saturday. In addition, Condition #23
requires alcohol service to cease on the outdoor patio at 11:30 PM with removal of all
alcoholic beverages by 12:00 AM midnight. Other recent restaurant approvals in the
general vicinity are illustrated in the table below:
Buca di Beppo Sunday – Thursday: 11:00 AM – 10:00 PM
Second St.
Friday & Saturday: 11:00 AM – 12:00 AM
No condition regarding complete closure.
P.F Changs Sunday – Thursday: 11:00 AM – 11:00 PM
rd
3/Wilshire Blvd. Friday & Saturday: 11:00 AM – 12:00 AM
No condition regarding complete closure.
Benihana Sunday – Thursday: 11:00 AM – 10:00 PM
Fourth Street. With complete closure by 11:00 PM
Friday & Saturday: 11:00 AM – 11:00 PM
With complete closure by 12:00 AM
Houston’s Seven days a week: 11:00 AM – 12:00 AM
nd
2/Wilshire Blvd. With complete closure by 1:00 AM
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Neither the Bayside District Corporation nor the Downtown Area Residents
neighborhood group opposes this application.
Conformance with the Bayside Specific Plan
The proposal is consistent with the Bayside District Specific Plan. The Land Use
Element of the Bayside District Specific Plan, General Policy 4.1.3, states the need for
provision of “the development of uses as necessary to maintain the economic viability of
the Bayside District.... including eating establishments...” Policy 4.1.28 allows for an
encroachment of up to 12 feet into the Promenade to accommodate outdoor dining.
The proposed outdoor dining area encroaches 3 feet into the Promenade. Policy 4.1.9
requires on-sale alcohol outlets to be limited in the area in order to prevent an
overconcentration of such uses. The addition of 33 seats to the interior floor plan and
the addition of an outdoor dining area with alcohol service to an existing restaurant with
alcohol service will not increase the number of alcohol outlets. Staff believes that
alcohol service, as conditioned, within a new, 11-seat outdoor dining area is consistent
with the Plan.
Conformance with the Third Street Promenade Outdoor Dining Standards
Condition #37 requires that the outdoor dining area adhere to all of the standards listed
in the Third Street Promenade Outdoor Dining Standards. The proposed outdoor dining
area provides an 8 foot obstruction-free pedestrian area between the outside of the
outdoor dining area and any obstructions located on the public right-of-way, such as
street trees and bike racks. The elevation of the proposed outdoor dining area is even
with the elevation of the sidewalk, and a steel railing barrier surrounds the outdoor
dining area. The proposed 3 feet 6 inch height of the proposed barrier exceeds the
maximum allowable height of any barrier by 6 inches and must be reduced to conform
to this standard. The Third Street Outdoor Dining Guidelines require that the latest hour
for serving alcoholic beverages in the outdoor dining area is 11:30 PM, and all alcoholic
beverages must be removed from the outdoor dining area no later than 12:00 midnight.
The proposed hours of operation for the outdoor dining area, as conditioned, conform to
this standard.
Conclusion
The applicant is requesting amendments to the previously approved CUP for Gaucho
Grill to allow the reconfiguration of the previously approved floor plan with the addition
of 33 seats and the addition of a 96 square foot outdoor dining area with 11 seats,
including the sale and dispensing of alcoholic beverages in conjunction with the service
of food within this area. The conditions of approval, including Condition #35, limiting
the number of outdoor seats to 11, Condition #36, requiring a fixed barrier around the
outdoor patio, and Condition #37, requiring adherence to the standards specified in the
Third Street Promenade Outdoor Dining Standards, will ensure that Gaucho Grill is
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compatible with the activities and uses envisioned in the Land Use Element of the
Bayside District Specific Plan.
RECOMMENDATION
It is recommended that the Planning Commission approve CUP 00-015, amending CUP
99-007, to allow the addition of 33 interior seats and an 11-seat, outdoor dining area to
the previously approved floor plan including the sale and dispensing of alcoholic
beverages in conjunction with the service of food within the new outdoor dining area
based on the following findings and conditions:
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 Zoning Ordinance
allows an alcohol license in conjunction with food service as a conditionally
permitted use in the BSC-1 District.
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 BSC-1 District is intended to
provide for a concentration of retail, entertainment, office, and housing uses in
addition to complementary uses such as hotels, restaurants and cultural
facilities. The alcohol service will be incidental to the primary permitted
restaurant use. Also, the conditions of approval, such as the hours of operation,
and limitations to the trash and delivery hours will ensure that the restaurant's
operation will not adversely impact the human scale and pedestrian orientation
of the district.
3. The subject parcel is physically suitable for the type of land use being proposed,
in that the parcel is a standard lot with no unusual characteristics and is a
developed site.
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 a restaurant with
alcohol service is compatible with the other commercial establishments on the
subject site.
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. The development standards of the subject site conditionally permit
approval of alcohol service in a permitted restaurant. Restrictions on the
permitted hours of operation and alcohol service in the outdoor patio area will
limit the potential impact on surrounding uses. Additionally, a restaurant
operating with incidental alcohol service is compatible with the surrounding mix
of retail and commercial businesses in the BSC-1 District.
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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, in that the site is located in an urbanized area adequately
served by existing infrastructure, and the County Health Department will inspect
the premises to ensure compatibility with health standards.
7. Public access to the proposed use will be adequate, in that the site is within the
Downtown Parking Assessment District and, therefore, parking will be provided
in nearby City parking structures.
8. The physical location or placement of the use on the site is compatible with and
relates harmoniously to the surrounding neighborhood, in that a restaurant with
an alcohol license is consistent with the BSC-1 district zoning and that the
conditions of approval limiting restaurant hours, trash dumping and pick up, and
restaurant deliveries will protect the surrounding neighborhood from potential
restaurant operation and patron noise impacts. The outdoor dining area, as
conditioned, complies with Third Street Outdoor Dining Standards, especially as
related to limiting the hours of alcohol service to 11:30 PM with all alcoholic
beverages to be removed from the outdoor dining area no later than 12:00
midnight.
9. The proposed use is consistent with the goals, objectives, and policies of the
General Plan, in that Land Use Element Policy 1.4.1 of the General Plan
encourages restaurant and other uses complementary to retail near the Third
Street Promenade as key toward revitalization, and Bayside District Specific
Plan General Policy 4.1.3 states the need for provision of “the development of
uses as necessary to maintain the economic viability of the Bayside
District…including eating establishments…”. In addition, Bayside District
Specific Plan General Policy 4.1.9 requires on-sale alcohol outlets to be limited
in the area in order to prevent an overconcentration of uses. The proposed
addition of alcohol to the outdoor dining area of an approved restaurant with
alcohol service is consistent with the established limitations.
10. The proposed use would not be detrimental to the public interest, health, safety,
convenience, or general welfare, in that the proposed use is consistent with the
Zoning Ordinance, the Bayside District Specific Plan, and the Land Use
Element of the General Plan which encourages activities in the evening hours to
reinforce the downtown as the focus of the City and alcohol service is incidental
to the primary permitted restaurant use that meets these goals.
11. The proposed use conforms precisely to the applicable performance standards
contained in Subchapter 9.04.12 of the City of Santa Monica Comprehensive
Land Use and Zoning Ordinance, in that a performance standard permit is not
required.
12. The proposed use will not result in an overconcentration of such uses in the
immediate vicinity, in that approval of CUP 99-007 permitted an alcohol license
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in conjunction with a restaurant without dancing. The restaurant is in the BSC-1
District, an area in the commercial core of Santa Monica which is frequented by
large numbers of local residents, office worker, shoppers, and visitors from
outside the City. Expansion of alcohol service to the outdoor dining area will not
increase the number of alcohol serving establishments in the District.
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 CUP
99-007 was approved to allow an alcohol license for a restaurant with no sep-
arate bar area or dancing. This proposal reconfigures the interior dining area
with additional seats and adds outdoor dining and the service of alcohol in
conjunction with the outdoor dining area.
2. The proposed use will not adversely affect the welfare of neighborhood
residents in a significant manner in that the use will be located in a commercial
area and the proposed operating hours (Sunday through Thursday, 11:00 a.m.
to 12:00 a.m. and Friday and Saturday, 11:00 a.m. to 2:00 a.m., with the
condition that the hours of alcohol service be limited to 11:30 PM in the outdoor
dining area and all alcoholic beverages be removed from the outdoor dining
area no later than 12:00 midnight) are consistent with other businesses in the
vicinity. Also, Miscellaneous Condition #7 restricts restaurant delivery, trash
dumping, and trash pickup hours to minimize noise impacts.
3. The proposed use will not contribute to an undue concentration of alcohol
outlets in the area in that a restaurant with no separate bar area or dancing is
not typically considered to contribute to objectionable problems associated with
alcohol outlets, and that the area is in a portion of Santa Monica which is
frequented by local residents as well as employees, business patrons, and
visitors from outside the City.
4. The proposed use will not detrimentally affect nearby neighborhoods
considering the distance of the alcohol outlet to residential buildings, churches,
schools, hospitals, playgrounds, parks, and other existing alcohol outlets in
that the conditions of approval, such as the requirement that the establishment
operate with no separate bar area or dancing, the requirement that food service
be maintained during all operating hours, and the limitation of alcohol service
hours to Sunday through Thursday 11:00 a.m. to 12:00 a.m., and Friday and
Saturday from 11:00 a.m. to 2:00 a.m. with the condition that the hours of
alcohol service be limited to 11:30 PM in the outdoor dining area and all
alcoholic beverages be removed from the outdoor dining area no later than
12:00 midnight, will ensure that the establishment is maintained as a full service
restaurant with operating hours that are consistent with similar establishments in
the area.
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5. The proposed use is compatible with existing and potential uses within the
general area in that alcohol service will be incidental to the primary permitted
restaurant use and the restaurant is located in the City’s commercial core and is
compatible with other permitted uses including existing dining and bar uses in
the area.
6. Traffic and parking congestion will not result from the proposed use in that
alcohol service is incidental to the primary permitted restaurant use and parking
for the use is available in nearby City parking structures as part of the
Downtown Parking Assessment District.
7. The public health, safety, and general welfare are protected in that the
conditions of approval will ensure that the establishment operates in a manner
that is not detrimental to adjacent neighbors and the project is consistent with
the provisions of the Zoning Ordinance, the Bayside District Specific Plan and
the Land Use Element of the General Plan, which encourages entertainment
and restaurant uses to serve as a focal point in the downtown in order to
maintain pedestrian activity during both daytime and evening hours.
8. No harm to adjacent properties will result in that the conditions of approval will
ensure that the establishment operates in a manner that is not detrimental to
adjacent neighbors, as Miscellaneous Condition #6 requires that the operation
shall be conducted in a manner which does not disturb adjacent properties by
reason of light, noise, activities, parking, etc. and Miscellaneous Condition #7
limits the hours and means of deliveries and trash collection. In addition,
Alcohol Condition #14 requires that the primary use of the premises is for meals
for sit-down patrons; Alcohol Condition #15 prohibits window signage
advertising beer or alcohol; Alcohol Condition #16 prohibits loitering outside the
restaurant and requires the control of noisy patrons; and Alcohol Condition #22
prohibits the sale of take-out alcoholic beverages.
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9. The proposed use is consistent with the objectives of the General Plan in
that the Land Use Element of the General Plan designates the downtown
area as a focus of activity in the City, both day and night. The use is also
consistent with Bayside District Specific Plan Objective 3.2 (B) that
encourages a mix of uses to serve the daytime and evening Bayside
District residents, City-wide residents, and tourists and visitors to the
Santa Monica area. Bayside District Specific Plan General Policy 4.1.3
states the need for provision of “the development of uses as necessary to
maintain the economic viability of the Bayside District…including eating
establishments…”. In addition, Bayside District Specific Plan General
Policy 4.1.9 requires on-sale alcohol outlets to be limited in the area in
order to prevent an overconcentration of uses. Alcohol service incidental
to the primary permitted restaurant use with alcohol service supports
these objectives.
CONDITIONS OF APPROVAL
1. This approval is for those plans dated November 30, 2000, 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.
2. The conditions of this approval (CUP 00-015) include and shall
supercede the conditions of the previous approval (CUP 99-007).
3. The Plans shall comply with all other provisions of Chapter 1, Article IX of
the Municipal Code, (Zoning Ordinance) and all other pertinent
ordinances and General Plan policies of the City of Santa Monica.
Miscellaneous Conditions
4. The building address shall be painted on the roof of the building and shall
measure four feet by eight feet (32 square feet).
5. 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 Environmental and Public Works.
6. 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.
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7. No exterior activities such as deliveries, trash disposal, or other
maintenance activity generating noise audible from the exterior of the
building shall be conducted between 12:00 AM and 8:00 AM, Monday
through Friday, and between 12:00 AM and 9:00 AM, Saturday and
Sunday. Trash containers shall be secured with locks. All deliveries shall
take place at the rear of the building, which is accessed from Third Court
alley. No after hours operation shall be permitted.
8. Pursuant to Municipal Code Section 9.04.10.02.420, a sign shall be
posted stating that the establishment is limited to 135 seats. The sign
shall be a minimum of twelve inches by eighteen inches, and shall be
posted by the restaurant entrance of other such location as required by
the Zoning Administrator.
Validity of Permits
9. In the event permittee violates or fails to comply with any conditions of
approval of this permit, no further permits, licenses, approvals or
certificates of occupancy shall be issued until such violation has been
fully remedied.
10. Within ten days of City Planning Division transmittal of the approved
Statement of Official Action, project applicant shall sign and return a copy
of the Statement of Official Action prepared by the City 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, applicant shall not
thereby waive any legal rights applicant may possess regarding said
conditions. The signed Statement shall be returned to the City Planning
Division. Failure to comply with this condition may constitute grounds for
potential permit revocation.
11. 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 appeal. Any appeal must be made in the
form required by the Zoning Administrator. The approval of this permit
shall expire if the rights granted are not exercised within 18 monthsfrom
the permit’s effective date. Exercise of rights shall mean actual
commencement of the use granted by the permit. One six-month
extension may be permitted if approved by the Director of Planning and
Community Development. Applicant is on notice that time extensions
may not be granted if development standards relevant to the project have
changed since project approval.
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12. Within thirty (30) days after final approval of the project, a sign shall be
posted on site stating the date and nature of approval. The sign shall be
posted in accordance with the Zoning Administrator guidelines and shall
remain in place until a building permit for construction of the outdoor
dining area has been issued and shall be removed promptly thereafter, or
upon expiration of the Conditional Use Permit.
ALCOHOL OUTLET CONDITIONS
13. The primary use of the premises shall be for sit-down service to patrons.
Alcohol shall not be served to persons except those intending to purchase
meals.
14. Window or other signage visible from the public right-of-way that
advertises beer or alcohol shall not be permitted.
15. The owner shall prohibit loitering outside the restaurant frontage and shall
control noisy patrons leaving the restaurant.
16. The project shall at all times comply with the provisions of the Noise
Ordinance (SMMC Chapter 4.12).
17. The establishment shall maintain a kitchen or food-serving area in which a
variety of food is prepared and cooked on the premises.
18. The establishment shall serve food to patrons during all hours the
establishment is open for business.
19. Seating arrangements for sit-down patrons shall not exceed 116
restaurant table seats, 8 counter dining seats, and 11 outdoor dining
seats. There shall be no separate bar area and the menu items available
at the counter shall be the same as the menu items available in the
restaurant dining area. Food service shall be available at the counter
dining seats at all times.
20. Take out service shall be only incidental to the primary sit-down use.
21. No alcoholic beverage shall be sold for consumption beyond the
premises.
22. No dancing or live entertainment beyond that allowed in the restaurant
definition contained in the Zoning Ordinance shall be permitted on the
premises.
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23. The permitted hours of service shall be Sunday through Thursday from
11:00 AM to 12:00 AM, with complete closure and all employees vacated
from the building by 1:00 AM, and Friday and Saturday from 11:00 AM to
2:00 AM, with complete closure and all employees vacated from the
building by 2:30 AM. The latest hour for serving alcoholic beverages in
the outdoor dining area is 11:30 PM daily. All alcoholic beverages must
be removed from the outdoor dining area no later than 12:00 midnight
daily.
24. Prior to Final Inspection of the interior modification and outdoor dining
area, a modified security plan shall be submitted to the Chief of Police for
review and approval. The plan shall address both physical and
operational security issues.
25. Prior to Final Inspection of the interior modification and outdoor dining
area, the operator shall submit a modified plan for approval by the
Director of Planning and Community Development regarding employee
alcohol awareness training programs and policies. The plan shall outline
a mandatory alcohol awareness-training program for all employees
having contact with the public and shall state management's policies
addressing alcohol consumption and inebriation. The operator shall
provide City with an annual compliance report regarding compliance with
this condition. This project shall be subject to any future Citywide alcohol
awareness training program condition affecting similar establishments.
The plan shall also set forth a "designated driver" program, which shall
be offered by the operator of the establishment to patrons.
26. Minor amendments to the plans shall be subject to approval by the
Director of Planning and Community Development. 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 and Community Development. No expansion in
number of seats, intensity of operation, or outdoor areas shall occur
without prior approval from the City of Santa Monica and State ABC.
27. Except for special events, alcohol shall not be served in any disposable
container such as disposable plastic or paper cups.
28. No video or other amusement games shall be permitted on the premises.
29. Any minimum purchase requirement may be satisfied by the purchase of
beverages or food.
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30. No more than 35% of total gross revenues per year shall be from alcohol
sales. The operator shall maintain records of gross revenue sources
which shall be available to the City of Santa Monica and the State ABC
upon request.
31. Within thirty (30) days from date of the approval of the Statement of
Official Action, the applicant shall provide a copy of the approved
Statement of Official Action for this project to the local office of the State
Alcoholic Beverage Control department.
32. Applicant is on notice that all temporary signage is subject to the
restrictions of the City sign ordinance.
33. Any new restaurant at the site with fewer than 50 seats capacity shall
install a grease interceptor with a minimum 750 gallons static holding
capacity in order to pretreat sewered grease. Facilities with greater than
50 seats are required to install an interceptor with 1000 gallons minimum
holding capacity. The Environmental and Public Works Management
Department may modify the above requirements only for good cause.
Specifically, the facility must demonstrate to the satisfaction of the
Industrial Waste Section and Building and Safety Division that interceptor
installation is not feasible at the site in question. In such cases where the
modifications are granted, grease traps will be required in the place of an
interceptor. Building Permit plans shall show the required installation.
34. The outdoor dining area shall be limited to 11 seats. The maximum
occupancy of the outdoor dining area shall be posted in the outdoor area
and be clearly visible.
35. A fixed barrier in a manner required by the City shall surround the
outdoor dining area. The applicant shall obtain the approval of EPWM
Department prior to installation.
36. The outdoor dining area shall adhere to all of the standards specified in
the Third Street Promenade Outdoor Dining Standards.
Prepared by: Tony Kim, Assistant Planner
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Attachments:
A. Municipal Code and General Plan Conformance
B. Notice of Public Hearing
C. Radius and Location Map
D. Photographs of Site and Surrounding Properties
E. Plot Plan and Floor Plans
F:\PLAN\SHARE\PC\STRPT\00CUP015.doc
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