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SR-402-001 (5) ATTACHMENT A Planning Commission Staff Report, dated March 21, 2001 1 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 2 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 3 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 4 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 5 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 6 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 7 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. 8 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 9 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. 10 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. 11 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. 12 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. 13 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. 14 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. 15 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 16 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 17