SR-402-001 (51)
PCD:SF:AS:JL:BL:f:\plan\share\council\strpt\04\04APP 009
Council Mtg: November 23, 2004 Santa Monica, California
TO: Mayor and Councilmembers
FROM: City Staff
SUBJECT: Appeal 04-009 of The Planning Commission’s Determination Approving
Conditional Use Permit 04-005 that Expands Nightclub and Restaurant
Service in an area of Gotham Hall Currently Used as a Poolroom. Project
Address: 1429-1431 Third Street Promenade. Applicant/Appellant: Renee
& Albert Mizrahi
INTRODUCTION
This report recommends that the City Council uphold the Planning Commission’s
approval of Conditional Use Permit (CUP) 04-005, but modify Alcohol Outlet Condition
12, to allow up to 602 persons in the nightclub/restaurant.
BACKGROUND
The Planning Commission voted 6-0 to approve the applicant’s request to convert the
main pool hall area of Gotham Hall to a nightclub on September 1, 2004. In doing so,
the Planning Commission imposed additional conditions that were recommended by
City Planning Division and Police Department. The applicant objects to a portion of
Alcohol Outlet Condition 12 that limits occupancy of the nightclub to 500 persons and
filed this appeal on September 10, 2004.
The subject business has been granted four previous CUPs to establish a
restaurant/bar/billiard hall, and incrementally increase its size and operating hours, and
establish a nightclub in the North Hall:
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CUP 90-015 4/18/90 Establish restaurant/bar/billiard hall;
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CUP 92-014 9/16/92 Increase billiard area & bar size;
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CUP 94-022 3/1/95 Allow dancing & live entertainment for private
parties, increase floor area; and
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CUP 96-026 5/28/97 Add North Hall nightclub with
restaurant/bar/billiards.
The applicant previously submitted CUP 96-026 to convert a portion of Gotham Hall to a
nightclub, allowing live music and dancing to the general public within the north hall
portion of the 10,600 square foot facility. This CUP also allowed a cover charge and
approved modifications to bar service conditions that were consistent with the nightclub
conversion. The north hall nightclub and mezzanine areas can accommodate private
parties during regular operating hours of the main hall and dining area. The North Hall,
mezzanine and rear dining areas can also be used in conjunction with the main hall
billiard and dining area for larger private parties. The existing dance floor is located in
the eastern portion of the North Hall nightclub and contains 480 square feet of floor
area. Existing CUP 96-026 allows up to 313 seats but does not limit total occupancy of
the pool hall/restaurant. However, Fire and Building Codes limit occupancy to 500
persons. The Statement of Official Action for CUP 96-026 is contained in Attachment E.
ANALYSIS
The appellant is requesting the City Council eliminate the 500 person, or any occupancy
capacity restriction from the CUP. Alcohol Outlet Condition 12 was imposed in order to
define the size and intensity of the nightclub expansion approved by the CUP. While
City CUPs limit occupancy of some sit-down uses with seating capacity, a significant
number of nightclub patrons commonly stand adjacent to bar counters, cocktail tables,
or on the dance floor. Therefore, limiting the number of seats, as the City does for
restaurants, does not relate to the actual capacity of a nightclub use. The maximum
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occupancy must also be consistent with Fire and Building Codes that limit occupancy of
the second-story nightclub/bar/restaurant to 500 persons. For example, one of the floor
plans submitted by the applicant provides seating for 446 customers. Adding standing
patrons at four pool tables, the dance floor and at bar counters plus employees to the
446 seats would exceed the 500-person Fire Department capacity.
Unsafe capacity is a common public safety concern in nightclubs. This concern is
heightened when emergency egress uses longer exit ways and stairs to exit buildings.
Fire and Building Codes calculate the total capacity of a building using floor area, exit
widths, type of use, and the ability to exit the building in an emergency. Based on
current information, the combined floor area and uses could allow an occupancy
capacity of up to 517 persons, however, the capacity of the four stair exits to
accommodate emergency egress limits the building’s second floor maximum capacity to
500 persons. While it appears that the occupancy rating could be increased to 602
persons if one or more of the doorways were enlarged, the appellant has not submitted
the detailed architectural plans and calculations to the Building and Safety Division and
Fire Department that are necessary for analysis and pertinent construction permit
approval. Accordingly, the Planning Commission and City Council on appeal must use
the existing occupancy limitation.
The appellant recently submitted conceptual plans to City staff to indicate that it might
be feasible to increase the capacity to 602 persons. Because it is common to
experience complications while constructing building improvements proposed on
conceptual plans, the actual capacity rating cannot be determined until the exit widths
are verified by the Fire Department after construction. Although the appellant will not
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have time to develop the necessary plans or construct the improvements needed to
demonstrate the higher capacity prior to this meeting, the City Council could approve a
higher capacity subject to City verification of future safety improvements. Based on this
new information and comments made during the Planning Commission hearing, staff
recommends Alcohol Outlet Condition 12 be modified to allow a maximum occupancy of
602 persons subject to the Fire Departments occupancy rating.
Consistency and clarity of the maximum occupancy of the proposed nightclub
expansion is vital to protect the safety and general welfare of the public in this and all
nightclubs requesting expansion. Moreover, Alcohol Outlet Condition 12 is a
reasonable requirement. It does not preclude the appellant or future operators from
increasing capacity in the future by means of enlarging the stairways and exit doors or
adding a new means of egress, providing they receive prior approval of the City Fire
Department, Planning and Community Development Department and Planning
Commission.
Planning Commission Action
In approving the applicant/appellant’s request to convert the Main Hall to a nightclub,
add sidewalk dining and amend their existing operating conditions, the Planning
Commission approved a floor plan that allows the nightclub operator to change seating
and stage configuration to suite a variety of entertainment events. While this approval
gives the operator great flexibility to serve a larger number of patrons, it provides no
limit on occupancy. The only restriction on occupancy is the 500 person total capacity
that applies to the entire second floor. Some Commissioners indicated that they could
support a higher capacity, but the capacity needed to be consistent with the Fire
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Department Occupancy. The information available to the Planning Commission
indicated the nightclubs capacity could not exceed 517 persons even if emergency
egress was improved. As discussed above, new information indicates capacity could
be increased to 602 by constructing improvements to the building’s emergency exits. A
copy of the Planning Commission staff report and Statement of Official Action are
contained in Attachments C and D, respectively.
Appeal Analysis
To date, the appellant has not provided a written statement on the reason for the
appeal. However, during the public hearing and in conversations with staff, the
appellant indicated that only the Fire Department should limit occupancy, not the CUP
and that it is unreasonable to require them to return to the Planning Commission if they
want to increase capacity in the future.
As discussed above, limiting the number of seats is ineffective for defining or limiting
nightclub uses. While Gotham Hall will maintain sit-down dining, this approval converts
the primary use to a nightclub where sit-down dining represents far less than 50% of the
club’s floor area. Accordingly, an occupancy limit is necessary to regulate the use
intensity of Gotham Hall. Moreover, Gotham Hall has obtained five CUPs since 1990,
incrementally increasing its alcohol related service, operating hours, and capacity to the
point that any additional expansion, change in mode of operation, or increase in
capacity should be reviewed by the Planning Commission, or City Council on appeal.
Additional increases in the nightclub’s capacity could be approved, however, such a
request should be part of the public CUP process.
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Setting aside the need to describe the size and operating mode being approved by the
CUP, this condition is necessary to protect public safety. Occupancy restrictions are
based on Fire and Building Safety Codes that are necessary to protect public safety.
Including occupancy limits in the conditions of the CUP eliminate doubt over capacity
and put the nightclub operator on notice that if they jeopardize public safety by
exceeding occupancy, they also risk revocation of their CUP.
Although modifying the Planning Commission’s action to allow up to a 602 person
capacity appears to address the appellant’s capacity concern, the appellant still objects
to the CUP containing any specific occupancy restriction. This occupancy restriction is
appropriate in order to evaluate future requests to intensify the existing mix of uses on
the subject property. A copy of the Appeal Statement is contained in Attachment B.
Conclusion
The appellant is requesting the City Council eliminate the 500 person capacity
restriction contained in Alcohol Outlet Condition 12. This requirement is based on the
need to define the size of the nightclub use being approved. It is also based on the
need to be consistent with Fire and Building and Safety Codes that limit occupancy of
the second-story nightclub/bar/restaurant to 500 persons. The modified condition would
allow the appellant to increase capacity up to 602 persons without returning to the
Planning Commission to modify this CUP, subject to the Fire Department’s occupancy
rating. Consistency and clarity of the maximum occupancy of the proposed nightclub
expansion is vital to protect the safety and general welfare of the public in this and all
nightclubs seeking permits to expand or intensify their operation. The occupancy
limitation does not preclude the appellant from submitting detailed architectural plans
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and calculations for building modifications that could allow a higher occupancy for
review and approval of the City Fire Department, Planning and Community
Development Department and Planning Commission in the future.
CEQA STATUS
The project is categorically exempt from the provisions of California Environmental
Quality Act (CEQA) pursuant to Section 1 of the State Implementation Guidelines in that
that the project involves a minor 195 square foot increase of floor area and a change in
operation of an existing pool hall/nightclub/restaurant.
PUBLIC NOTIFICATION
Pursuant to Municipal Code Sections 9.04.20.22.050, notice of the public hearing was
mailed to all owners and residential and commercial tenants of property located within a
500 foot radius of the project at least ten consecutive calendar days prior to the hearing.
A copy of the notice is contained in Attachment A.
BUDGET/FINANCIAL IMPACT
The recommendation presented in this report does not have any budget or fiscal impact
RECOMMENDATION
It is recommended that the City Council uphold the Planning Commission’s approval of
Conditional Use Permit (CUP) 04-005, but modify Alcohol Outlet Condition 12, to allow
up to 602 persons in the nightclub/restaurant based on the following findings and
conditions:
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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 a nightclub use is
conditionally permitted in the BSC-1 District of the Zoning Ordinance and in the
Bayside District Specific Plan.
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 permits
nightclubs, and dancing and music will be ancillary to the food service function of
the establishment. Furthermore, the general policies of the Bayside District
Specific Plan include extension of the active period of the Third Street
Promenade into nighttime hours, stimulation of improved economic activity on the
Promenade and generation of new job and business opportunities for community
residents.
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 the present land use
is commercial and the proposed use is a nightclub with dancing and live music
and is an expansion of the existing alcohol license in conjunction with the
restaurant/bar/billiards establishment.
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 permits a nightclub and that
Bayside District Specific Plan Policy 4.1.6 encourages the development of
entertainment and restaurant uses above the first floor.
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.
7. Public access to the proposed use will be adequate, in that the subject property
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 the proposed
nightclub will be properly soundproofed and conditions prohibiting customers
from gathering outside the establishment will minimize potential impacts.
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9. The proposed use is consistent with the goals, objectives, and policies of the
General Plan, in that Land Use Element Policy 1.3.1 of the General Plan
encourages the construction of major entertainment uses in Downtown; and
Land Use Element Policy 1.4.1 of the General Plan encourages restaurant and
other uses complimentary to retail along the Third Street Promenade as key
toward revitalization.
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
downtown as the focus of the City.
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 no performance standard permit is
required.
12. The proposed use will not result in an overconcentration of such uses in the
immediate vicinity, in that the proposed alcohol license will be for a nightclub use
with the addition of dancing and live music to an existing restaurant and in that
the area is in the commercial core of Santa Monica, which is frequented by large
numbers of local residents as well as office workers, shoppers, and visitors from
outside the City. Furthermore, this type of outlet has not contributed significantly
to alcohol related problems in the area.
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
alcohol license will be for a nightclub use with dancing and live music where
there is an existing restaurant/bar/billiards hall.
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, away
from any major residential uses and that the conditions of approval require that
no outside promoter be permitted to rent or lease the space and the public will
not be permitted to gather outside the establishment to wait for entry into the
nightclub.
3. The proposed use will not contribute to an undue concentration of alcohol outlets
in the area in that the area is in the downtown core of Santa Monica which is
frequented by large numbers of local residents as well as office workers,
shoppers, and visitors from outside the area.
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 for approval, such as the requirement that no outside promoters rent
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or lease the club and that no lines are permitted to form outside the nightclub, will
minimize the potential affect on the residential uses in the vicinity.
5. The proposed use is compatible with existing and potential uses within the
general area in that a nightclub use in the existing restaurant/bar/billiards
establishment located in the City's commercial core is compatible with permitted
uses and other existing dining and bar uses in the area.
6. Traffic and parking congestion will not result from the proposed use in that
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 project is
consistent with the provisions of the Zoning Ordinance, the Third Street Mall
Specific Plan and the Land Use Element of the General Plan, which encourage
entertainment and restaurant uses to serve as a focal point in the downtown and
expansion of the establishment's nightclub element will be incidental to the
existing restaurant, bar and billiard uses.
8. No harm to adjacent properties will result in that the conditions of approval will
ensure that the establishment operates in a manner which properties adjacent
neighbors.
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.
CONDITIONS:
1. This approval is for those plans dated 7/7/04 except: (a) Sheets A2.2, A2.3, A2.4,
A2.5, A2.6 and A2.7 shall be removed since only the floor plan detailed in Sheet
A2.1, with modifications showing a 15 foot by 22 foot dance floor and no seating
in the Main Hall (area between the Main Bar and kitchen) is approved; and (b)
the plans shall be modified to demonstrate compliance with Condition #5 and
indicate that the proposed façade remodel would require separate encroachment
permits and Architectural Review Board approval. A copy of these approved
plans shall be maintained in the files of the City Planning Division. Project
development and use shall be consistent with such plans, except as otherwise
specified in these conditions of approval.
2. The conditions of this approval shall supersede all previous approvals on this
property including CUP 90-015, CUP 92-014, CUP 94-022, and CUP 96-026.
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.
4. The applicant shall comply with all legal requirements regarding provisions for
the disabled, including those set forth in the California Administrative Code, Title
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24, Part 2. Any changes in project plans must be approved by the Director of
Planning and Community Development.
5. Elevator access from the rear to the front of the establishment on the second
floor shall be through a public room of the establishment.
6. When any portion of the establishment is open to the public, the back room shall
not be used for private parties in order to ensure that the elevator located at the
rear shall open into a public area. Only in the event that the establishment is
used exclusively for a private party may the elevator open to the back room used
for a private party.
7. The sign posted at the front entrance on the Third Street Promenade and at the
alley which indicates that handicapped access and the elevator is accessible
from the rear alley entrance shall be replaced with a sign at least 7” by 8” and
display the accessibility logo. Such signage shall be subject to the approval of
the Director of Planning and Community Development.
8. The maximum noise level limit within the nightclub shall not exceed 95 dBA. The
City shall have the right to test noise levels at any time at any location in the
nightclub and such levels are not to exceed 95 dBA Equivalent Noise Level
(LEQ) during a 15 minute period.
9. All windows of the nightclub shall remain closed during operating hours of the
establishment so as not to have adverse impacts on the neighboring residence or
general public.
10. Access to the ground floor corridor leading to the elevator shall have clear
ingress and egress and shall not be encumbered by storage or other elements at
any time.
11. The rear entrance shall be operated and maintained as a main entrance with
amenities similar to the Promenade fronting entrance. The walls of the alley
façade shall be painted and maintained. If the exterior design of the promenade
front façade is modified the exterior design of the rear entrance shall be revised
so that the visual appearance of this entrance is similar to the front entrance.
Redesign of the rear entrance shall be subject to approval by the Architectural
Review Board at the same time changes to the front façade are considered by
the Architectural Review Board.
Architectural Review Board
12. Plans for any façade alterations, and signage shall be subject to review and
approval by the Architectural Review Board.
13. The Architectural Review Board, in its review, shall pay particular attention to the
project's pedestrian orientation and amenities; scale and articulation of design
elements; exterior colors, textures and materials; window treatment; glazing; and
landscaping.
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Environmental Mitigation
14. 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.)
15. To mitigate solid waste impacts, prior to issuance of a Certificate of Occupancy,
project owner shall submit a recycling plan to the Department of Environmental
and Public Works Management for its approval. The recycling plan shall include
1) list of materials such as white paper, computer paper, metal cans, and glass to
be recycled; 2) location of recycling bins; 3) designated recycling coordinator; 4)
nature and extent of internal and external pick-up service; 5) pick-up schedule; 6)
plan to inform tenants/occupants of service.
Miscellaneous Conditions
16. The building address shall be painted and maintained on the roof of the building
and shall measure four feet by eight feet (32 square feet).
17. 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.
18. New mechanical equipment shall not be located on the side of any building which
is adjacent to a residential building on the adjoining lot. Roof locations may be
used when the mechanical equipment is installed within a soundrated parapet
enclosure.
19. Final approval of any new mechanical equipment installation will require a noise
test in compliance with SMMC Section 4.12.040. Equipment for the test shall be
provided by the owner or contractor and the test shall be conducted by the owner
or contractor. A copy of the noise test results on mechanical equipment shall be
submitted to the Community Noise Officer for review to ensure that noise levels
do not exceed maximum allowable levels for the applicable noise zone.
Validity of Permits
20. CUP04-005 shall not be valid and the applicant shall not commence operation
under this permit until the applicant submits satisfactory evidence to the City that
the applicant’s California Department of Alcoholic Beverage Control (ABC)
License and ABC Conditions have been modified to be consistent with or more
restrictive than the provisions of CUP04-005.
21. 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.
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22. If the Director of Planning and Community Development determines that any of
the conditions of this approval have been violated, this Conditional Use Permit
shall be remanded to the Planning Commission for review.
23. 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.
24. 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 one year from the permit's
effective date, unless, the use authorized by this permit has commenced
operation prior to the permit expiration date. One six month extension of the one
year period 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 become more
restrictive since project approval.
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 establishment after
10:00 p.m., unless that person is attending a private party, such as wedding
reception, birthday celebration, or similar event approved by the Police
Department. A 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. Glass containers shall not be permitted on the dance floors.
6. Signs shall be posted in conspicuous locations advising patrons that alcoholic
beverages shall not be sold unless proper identification is displayed.
7. The use of the premises for sit-down meal service to patrons shall be maintained
as a major component of the project.
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8. Customers shall be permitted to order meals at the bar at all times the premises
is open for business.
9. The premises shall serve food to patrons during all hours the establishment is
open for customers.
10. The premises shall maintain a kitchen or food-serving area in which a variety of
food is prepared and cooked on the premises.
11. No expansion in number of seats, occupancy, intensity of operation, or outdoor
areas shall occur without prior approval from the Planning Commission, or City
Council on appeal and State ABC.
12. Seating arrangements for sit-down patrons shall not exceed: 164 seats in the
Main Hall; 30 seats in the Bar; 49 seats in the Dining Area; 28 seats in the Martini
Lounge; 34 seats in the Mezzanine; 145 seats in the North Hall; and 14 seats in
the sidewalk dining area, for a total of 464 seats for the entire premises. Total
building occupancy shall not exceed 500 persons. Subject to constructing
emergency egress improvements pursuant to pertinent City building and safety
regulations and capacity limitations, the total CUP occupancy may be increased
up to 602 persons by submitting an amended Certificate of Occupancy to the
Director of Planning and Community Development.The Main Hall dance floor
shall not exceed 15’ by 22’ and the North Hall dance floor shall not exceed 15’ by
32’.
13. The owner/operator may rearrange furniture in the Main Hall provided: (a) the
maximum seating capacity, for all portions of the facility does not exceed 464
seats, (b) the total capacity for the entire premises, including employees does not
exceed 500 persons, and (c) the furniture does not block or restrict emergency
egress.
14. Permitted hours of operation shall be from 8 am to 2 am, seven days a week. No
"after hours" operations shall be permitted. Alcoholic beverages may be served
in the establishment only between the hours of 8:00 am and 1:45 a.m., seven
days a week. The owner/operator shall make sure all patrons have vacated the
premises, in a quiet and expeditious manner, no later than twenty minutes after
the establishment has closed (2:20 a.m.).
15. The sidewalk dining area may operate from 8:00 a.m. to 11:00 p.m., but no later
than the closing of the associated sit-down food service of the principal
restaurant use. Patrons shall not be seated after 10:45 p.m. Patrons are
allowed to remain in the sidewalk dining area until midnight to finish their meal.
Alcoholic beverages may be served only between the hours of 8:00 am and
11:30 p.m. with sit-down meal service. No alcohol shall be served after 11:30
p.m. and complete closure of the sidewalk dining area shall occur no later than
midnight.
16. Dancing or live entertainment shall be permitted on the premises in the North
Hall, and Main Hall as shown on the project plans only. Dancing is limited to the
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dance floor areas. No chairs or tables may be moved to accommodatelarger
dance areas.
17. The owner shall control noisy patrons leaving the restaurant.
18. Take out service shall be only incidental to the primary sit-down use.
19. No alcoholic beverage shall be sold for consumption beyond the premises.
20. An updated security plan shall be submitted to the Chief of Police for review and
approval. The plan shall address both physical and operational security issues.
The approved plan shall be implemented prior to commencement of operations
under this permit.
21. The operator shall submit an updated 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 the City with an annual report regarding
compliance with this condition. This project shall be subject to any future City-
wide alcohol awareness training program condition affecting similar
establishments.
22. The operator shall submit an updated plan describing the establishment's
designated driver program, which shall be offered by the operator to the
establishment's patrons. The plan shall specify how the operator will inform
patrons of the program, such as offering on the menu a free non-alcoholic drink
for every party of two or more ordering alcoholic beverages.
23. Minor amendments to the plans shall be subject to approval by the Director of
Planning and Community Development. An increase in occupancy or 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 Planning Commission, or City Council if appealed and State
ABC.
24. Except for special events, alcohol shall not be served in any disposable container
such as disposable plastic or paper cups.
25. No more than three video or other amusement games shall be permitted on the
premises.
26. A cover charge may be charged for entrance to Gotham Hall after 8:00 p.m.,
except no cover may be charged for patrons to receive service in the sidewalk
dining area or the front restaurant dining area.
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27. The project shall at all times comply with the provisions of the Noise Ordinance
(SMMC Chapter 4.12).
28. 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 California Department of Alcoholic
Beverage Control (ABC).
29. This permit shall expire one year from the effective date of approval unless
required ABC permits are obtained. One six month extension of the one year
period may be permitted if approved by the Director of Planning and Community
Development. An extension may not be granted if development standards
relevant to the project have changed since project approval.
30. Applicant is on notice that all temporary signage is subject to the restrictions of
the City’s Sign Ordinance.
31. The second floor facilities at 1429 and 1431 Third Street Promenade, the North
and South Halls, which are the subject of this approval, are considered as one
premises for purposes of this approval. Access between these spaces shall be
maintained; no permanent separation between the spaces shall be permitted
unless otherwise approved by the Planning Commission.
32. No outside promoter shall be permitted to rent or lease the premises. No event
held at the establishment shall be advertised under another name. All private
parties shall be operated through the owner with the owner directly responsible
for all aspects of the event. This restriction does not preclude the owner from in-
house business promotions, such as 70’s night, rock and roll night at Gotham,
etc., provided prior ARB approval is obtained for any signs or promotional items
visible from the building’s exterior.
33. No lines shall be permitted to form outside the building either on the alley side or
the Third Street Promenade side of the building for patrons waiting to enter the
establishment with the exception of any line formed to allow nightclub personnel
to check patron identification. Any such line shall not extend beyond the
sidewalk dining area. If the nightclub is at maximum capacity, patrons shall be
turned away until entry is possible; otherwise, all patrons for the nightclub shall
be permitted to enter the building. The applicant shall provide a waiting list or
other appropriate system to control patrons who are waiting to enter the
establishment when the nightclub is at maximum capacity.
34. Except for the Mezzanine, the use of portable bars shall not be permitted.
35. The applicant shall submit detailed plans for the design materials and colors of
the sidewalk dining enclosure to the Architectural Review Board for approval.
The applicant shall also obtain and maintain the requisite Third Street
Promenade Outdoor Dining permits from the Environment Public Works
Management Department.
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36. The use of the sidewalk dining area shall be for sit-down meal service. No one
shall be served or allowed to consume food or beverage unless they are seated.
No alcoholic beverages shall be served except with meal service. Signage
stating: “Food Purchase is required in the outdoor dining area. No alcoholic
beverages shall be served in the outdoor dining area accept as part of meal
service.” shall be posted in the outdoor dining area and/or printed on the menu.
Sidewalk dining may operate the same hours authorized for Gotham Hall so long
as sit-down full meal service is always available, but no later than the closing of
the associated sit-down food service of the principal restaurant use. No alcohol
shall be served after 11:30 p.m. and all alcoholic beverages shall be removed
from the outdoor dining area no later than midnight. The design and placement of
tables and chairs shall not encroach or restrict emergency egress from the
building.
37. The owner/operator shall comply with all regulations that govern the
establishment and operation of sidewalk dining as set forth in the Third Street
Promenade Outdoor Dining Standards.
38. The owner/operator shall submit an annual report to the Transportation Planning
Manager detailing their efforts to educate patrons on alternative modes of
transportation and the location of parking facilities and efforts to secure prepaid
parking validation for City parking structures to mitigate potential noise from
patrons leaving the establishment and parking structures and to improve traffic
circulation. The first report shall be submitted six months after the effective date
of this CUP.
39. The Fire Department and Building and Safety Division shall inspect the building
and review building records and building egress for conformance with safety
standards pertaining to the proposed change in use/occupancy.
Prepared by: Suzanne Frick, Director
Jim Glew, Acting Fire Marshal
Amanda Schachter, Planning Manager
Jonathan Lait, AICP, Acting Principal Planner
Bruce Leach, Associate Planner
Planner, City Planning Division
Planning and Community Development Department
ATTACHMENTS:
A. Notice of Public Hearing
B. Appeal Statement
C. Copy of 9/1/04 Planning Commission Staff Report
D. CUP 04-005 Statement of Official Action
E. CUP 96-026 Statement of Official Action
F. Recommendation of the Police Department
G. Correspondence
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H. Photographs of Site and Surrounding Properties
I. Site Plan, Floor Plans & Elevations
18
ATTACHMENT A
NOTICE OF PUBLIC HEARING
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NOTICE OF A PUBLIC HEARING
BEFORE THE SANTA MONICA PLANNING COMMISSION
SUBJECT: Appeal 04-009
1431 Third Street Promenade (Gotham Hall)
APPLICANT: Albert & Rene Mizrahi
APPELLANT: Albert & Rene Mizrahi
PROPERTY OWNER: Albert Mizrahi
A public hearing will be held by the City Councilto consider the following request:
Appeal of the Planning Commission’s Approval of Conditional Use Permit 04-005 that
Expands Nightclub and Restaurant Service in an Area of Gotham Hall Currently Used
as a Poolroom.
DATE/TIME: Tuesday November 23, 2004, AT 6:45 p.m.
LOCATION: City Council Chambers, Second Floor, Santa Monica City Hall
1685 Main Street, Santa Monica, California
HOW TO COMMENT
The City of Santa Monica encourages public comment. You may comment at the City
Council public hearing, or by writing a letter. Written information will be given to the City
Councilat the meeting.
Address your letters to: City Clerk
Re: APP 04-009
1685 Main Street, Room 102
Santa Monica, CA 90401
MORE INFORMATION
If you want more information about this project or wish to review the project file, please
contact Bruce Leach at (310) 458-8341, or by e-mail at bruce-leach@santa-monica.org.
The Zoning Ordinance is available at the Planning Counter during business hours and
on the City’s web site at www.santa-monica.org.
The meeting facility is wheelchair accessible. For disability-related accommodations,
please contact (310) 458-8341 or (310) 458-8696 TTY at least 72 hours in advance. All
written materials are available in alternate format upon request. Santa Monica Big Blue
Bus Lines numbered 1, 2, 3, 5, 7, 8, 9, and 10 serve City Hall.
Pursuant to California Government Code Section 65009(b), if this matter is
subsequently challenged in Court, the challenge may be limited to only those issues
raised at the public hearing described in this notice, or in written correspondence
delivered to the City of Santa Monica at, or prior to, the public hearing.
ESPAÑOL
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Esto es una noticia de una audiencia pública para revisar applicaciónes proponiendo
desarrollo en Santa Monica. Si deseas más información, favor de llamar a Carmen
Gutierrez en la División de Planificación al número (310) 458-8341.
APPROVED AS TO FORM:
___________________________
Amanda Schachter
Planning Manager
f:\plan\share\council\notices\04\04app009 nighclub
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ATTACHMENT B
APPEAL STATEMENT
Electronic version of attachment is not available for review. Document is available for
review at the City Clerk’s Office.
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ATTACHMENT C
COPY OF 9/1/04 PLANNING COMMISSION STAFF REPORT
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PC:JT:AS:PF:BL:f:\plan\share\pc\strpt\04\04cup005nightclub.doc Santa Monica, California
Planning Commission Mtg: September 1, 2004
TO: The Honorable Planning Commission
FROM: Planning Staff
SUBJECT: Conditional Use Permit 04-005
Address: 1429-31 Third Street Promenade
Applicant: Albert Mizrahi / Gotham Hall
Property Owner: Albert Mizrahi
INTRODUCTION
Action: Application for an amendment to an existing Conditional
Use Permit (CUP 96-026) to expand nightclub and restaurant
service in an area currently used as a poolroom/bar. The
proposal includes a removable 16’ by 20’ stage for nightclub
use, including bands, or DJ’s, and a 15’ by 20’ dance floor. A
12’ by 16’ sidewalk dining area with 14 seats is also proposed
on the Third Street Promenade. Some pool tables will be
retained at Gotham Hall.
Recommendation: Approval of CUP 04-005 with Conditions.
Permit Streamlining Expiration Date: November 3, 2004 (with extension)
SITE LOCATION AND DESCRIPTION
The subject property is an 11,250 sq. ft. parcel located on the east side of the Third
Street Promenade between Broadway and Santa Monica Boulevard having 75 feet of
frontage. Existing on-site uses include three retail stores (Hear Music/Starbuck’s, Fossil
clothing and a vacant shop) on the first floor. Gotham Hall, a restaurant/bar/
billiards/nightclub, is located on the second floor. Surrounding uses consist of:
?
North, two-story commercial building in the BSC-1 (Bayside Commercial) District;
?
South, single and multi-story mixed-use buildings (Janss Court) in the BSC-1
(Bayside Commercial) District;
?
East, across Mall Court east alley, City parking structure and commercial uses in
the BSC-2 (Bayside Commercial) District; and
?
West, across Third Street Promenade, single and two story commercial uses in
the in the BSC-1 (Bayside Commercial) District
Zoning District: BSC-1 (Bayside Commercial District)
Land Use District: Downtown Core/Bayside District Specific Plan Area
Parcel Area: 11,250 square feet (75’x 150’)
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PROJECT DESCRIPTION
Application for Conditional Use Permit to amend Gotham Hall’s existing Conditional Use
Permit to allow dance, entertainment/nightclub and restaurant uses in the main hall;
increase seating capacity, and allow new sidewalk dining on the Third Street
Promenade. The additional capacity would be accomplished by removing 12 pool
tables. The proposal would also amend existing operating conditions that are imposed
pursuant to CUP 96-026. A CUP is required because the proposal alters the plans and
expands the nightclub use approved by CUP 96-026.
Specifically, the applicant proposes converting the Main Hall from a poolroom to a
nightclub/banquette format. Multiple floor plans are proposed to allow nightclub and
dining to accommodate a variety of private party customers. The proposal will add up to
seventeen tables and 98 dining seats. If approved, the total number of seats will equal
428, including 202 seats in the Main Hall (42 dining area, 30 around the bar and 123
seats in the main hall adjacent to the stage), 145 seats in the North Hall nightclub, 38
seats in the Martini Lounge, and 38 seats in the mezzanine. The proposal includes a
removable 16’ by 20’ stage for nightclub acts, bands, or DJ’s and a 15’ by 22’ dance
floor. Pool tables will be retained in the rear Martini Lounge and the Mezzanine. The
applicant is requesting a full bar in the Mezzanine. The plans also depict a façade
remodel that would encroach into the public right-of-way. Recommended conditions
require the applicant to obtain encroachment permits, or revise the plans to eliminate
any inconsistencies.
A 12’ by 16’ sidewalk dining area with 14 seats is also proposed. The establishment
operates seven days a week from 10:00 a.m. to 2:00 a.m., however, the hours that
alcohol is served in sidewalk dining areas would be limited to 11:30 p.m., or the hours
its related restaurant is open, whichever is less.
MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE
Subject to compliance with conditions of approval and pertinent regulations, the
proposed project is consistent with the Municipal Code and in conformity with the
General Plan as shown in Attachment A. The sidewalk dining plans are also consistent
with the Third Street Promenade Outdoor Dining Standards.
CEQA STATUS
The project is categorically exempt from the provisions of CEQA, pursuant to Class (1)
of the State Implementation Guidelines in that the project involves a minor 195 square
foot increase of floor area and a change in operation of an existing pool
hall/nightclub/restaurant.
RENT CONTROL STATUS
Commercial Exemption
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FEES
The project is not subject to any special fees.
PUBLIC NOTIFICATION
Pursuant to Municipal Code Section 9.04.20.20.080 and in accordance with the posting
requirements set forth by the Zoning Administrator, prior to application filing the
applicant posted a sign on the property regarding the subject application. At least 8
weeks prior to the public hearing date, the applicant submitted a photograph to verify
the site posting and to demonstrate that the sign provides 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. A copy of the site posting photograph is contained in
Attachment B. 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 “California” 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 subject lot at least ten consecutive calendar days prior to the hearing.
A copy of the notice is contained in Attachment C. On 6/16/03, the applicant was
notified by phone and in writing of the subject hearing date.
The applicant has met with the Bayside District Board of Directors on July 22, 2004.
The Bayside District Board supports the proposed change of use. Their
correspondence is contained in Attachment D.
ANALYSIS
Background
This business has been granted four previous CUPs to establish a restaurant/bar/billiard
hall, increase its size, establish a nightclub in the North Hall, and increase operating
hours:
?
CUP 90-015 4/18/90 Establish restaurant/bar/billiard hall;
?
CUP 92-014 9/16/92 Increase billiard area & bar size;
?
CUP 94-022 3/1/95 Allow dancing & live entertainment for private
parties, increase floor area; and
?
CUP 96-026 5/28/97 Nightclub with restaurant/bar/billiards
The Planning Commission originally approved Gotham Hall on April 18, 1990 under
Conditional Use Permit 90-015. The original design included 16 billiard tables, a 48-
seat restaurant, 82 seats throughout the club and a fixed-seat bar of 24 seats. An
adjacent resident at 1429 Third Street Promenade appealed the Planning Commission
decision. The City Council upheld the Planning Commission approval of CUP 90-015,
with conditions which eliminated the dance floor and entertainment use, established a
maximum noise level, permitted alcohol sales 10:00 a.m. to 12:00 a.m. Sunday through
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Thursday and from 10:00 a.m. to 2:00 a.m. on Friday and Saturday, and addressed
issues regarding accessibility and the elevator location.
The conditions were subsequently modified pursuant to Conditional Use Permit 92-014
on September 16, 1992. The Planning Commission approved an increase in the
number of billiard tables to 17, extended the hours alcohol could be served to 10:00
a.m. to 2:00 a.m., every day, and increased the number of seats to allow a 49-seat
restaurant, with a 24 fixed seat bar, and 110 seats throughout the club.
On March 1, 1995, the Planning Commission approved CUP 94-022 to expand Gotham
Hall into the second floor of 1429 Third Street Promenade. The approved plans
included the addition of 106 restaurant/club seats, 24 soft chair seats, and 68 seats on a
proposed rooftop dining area. The number of proposed seats plus the existing seating
brought the total number of seats at Gotham Hall to 381 (included 68 seats rooftop
dining seats that were not constructed).
Prior to constructing all of the improvements authorized by CUP 94-022, the applicant
submitted an other application Conditional Use Permit application. CUP 96-026
converted a portion of Gotham Hall to a nightclub, allowing live music and dancing to
the general public within the north portion of the hall. It also allowed a cover charge and
approved modifications to bar service conditions that were consistent with the nightclub
conversion. The north hall nightclub and mezzanine areas have the ability to
accommodate private parties during regular operating hours of the main hall. The North
Hall, mezzanine and rear dining areas can also be used in conjunction with the main
hall billiard and dining area for larger private parties. The dance floor is located in the
northeastern portion of the North Hall nightclub and contains 480 square feet of floor
area. When live music is presented, the musicians are located on a portion of the
dance floor. While the expansion was under construction, the applicant elected to
abandon the rooftop dining area which would have added 68 dining seats. CUP 96-026
allows up to 313 seats. The Statement of Official Action for CUP 96-026 is contained in
Attachment E.
Alcohol Licenses in Area
Type-41 (On-Sale Beer and Wine for Public Eating Place)
Establishment Address
Le Pain Quotidien 316 Santa Monica Boulevard
Shabu2 401 Santa Monica Boulevard
Taka Sushi 1345 Second Street
Tudor House 1403-09 Second Street
La Salsa 1401 Third Street Promenade
Mario’s Italian Restaurant 1444 Third Street Promenade
Il Castello 1432 Fourth Street, Suite A
Johnnie’s Café & Pizzeria 1456 Santa Monica Mall
Type-47 (On-Sale General for Public Eating Place)
Establishment Address
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Light House Buffet 201 Arizona Avenue
La Serenata 1416 Fourth Street
The Britannia Restaurant 318 Santa Monica Boulevard
Sunset Pub and Grill 1240 Santa Monica Mall
Buca Di Beppo 1442 Second Street
Voda 1449 Second Street
Barney’s Beanery 1351 Third Street Promenade
Trastevere 1360 Third Street Promenade
Broadway Bar & Grill 1460 Santa Monica Mall
Type-47 and Type-58 (Catering)
Establishment Address
Locanda Del Lago 225 Arizona Avenue
Border Grill 1443-45 Fourth Street
Benihana 1447 Fourth Street
Hooter’s Restaurant 319 Santa Monica Boulevard
Yankee Doodles 1410 Third Street Promenade
Type-48 (On-Sale General)
Establishment Address
Harvelle’s 1432 Fourth Street
Mr. BS Lounge 217 Broadway
Proposed Changes
Although pool tables will be retained, the focus of Gotham Hall will change from
billiards/bar and private parties to nightclub, restaurant and private parties. The
proposal will convert approximately 1,100 square feet of floor area from billiards to
seating and install a 128 square foot portable/removable stage in the main hall for
dancing and nightclub acts. Multiple floor plans are proposed to accommodate dining,
nightclub and private parties. The proposal will add up to seventeen tables and 96
dining seats. If approved, the total number of seats will equal 423, including 14
sidewalk-dining seats. The existing cocktail counters/bar around the perimeter of the
main hall will be retained for bar stool or stand-up service.
While the proposed maximum seating capacity would be 430 seats, a significant
number of nightclub patrons could stand adjacent to the bar, cocktail tables, or cocktail
counters. Accordingly, limiting the number of seats, as we do for restaurants, does not
relate to the actual capacity of a nightclub use. The total capacity at Gotham Hall is
currently limited to 500 people by Fire regulations, which is based on floor area and the
ability exit the building in an emergency. As conditioned, increasing capacity in the
future by means of enlarging an exit door or adding a new means of egress, would
require prior approval of the City Fire department, Building and Safety Division and
Planning Commission.
The proposed sidewalk dining area to be located in front of the nightclub/restaurant’s
Third Street Promenade entrance will improve pedestrian orientation and is consistent
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with City standards. Sidewalk cafes are permitted by right in the BSC-1 District, but are
subject to Outdoor Dining Standards for the Third Street Promenade, including
Architectural Review Board and Environmental Public Works Management Department
approval of the enclosure. Alcohol service, however, is subject to this CUP. Conditions
have been added requiring the facility to be maintained in compliance with City
requirements for sidewalk dining on the Third Street Promenade. As discussed below,
the Police Department recommends that the sale of alcoholic beverages not be allowed
in the sidewalk dining area after 11:45 p.m. However, the Third Street Promenade
Outdoor Dining regulations are more restrictive, requiring that no alcohol shall be served
after 11:30 p.m. and all alcoholic beverages be removed from the outdoor dining area
no later than midnight. Since the permitted use is for outdoor dining, full sit-down food
service must be provided. According to the application, full food service would cease at
11:00 p.m. at which time only appetizers and desserts would be served. This conflict is
addressed by adding a requirement to Alcohol Condition 8 which restricts the seating of
patrons after 10:45 p.m. when full meal service can be provided. Such patrons would
be allowed to remain in the sidewalk dining area until midnight to finish their meal. Food
and beverage service staff would deliver food and beverage from the kitchen and
beverage service areas located on the second floor via the front stairs to the sidewalk
dining tables. This is more challenging for food and beverage servers compared to
traditional ground floor operations, however the applicant believes the sidewalk dining
service will promote increased patronage of the Main Hall dining area. No change in
the primary establishment’s operating hours from 10:00 a.m. to 2:00 a.m. seven days is
proposed.
The proposal has the potential to increase noise and crowd control issues. In 1996, it
was determined that the building complied with the City’s noise criteria for nightclubs. A
Noise Variance was approved on June 5, 1996 to allow a single entrance door from the
Promenade because the staircase adequately mitigated noise from the second floor
nightclub. The solid masonry walls that have no openings in the side or rear walls
blocks noise from impacting the residents to the south. Condition # 8 further requires
the front windows to be closed during operating hours. The building design and
operating conditions mitigate noise as evidenced by the lack of noise complaints.
Amendment of Conditions
Attachment E contains the applicant’s request to amend their existing Conditions. A
number of conditions no longer apply to the changed use of Gotham Hall and staff
supports amending the conditions so they can function as a nightclub/restaurant, but
also allow persons under 21 to access the restaurant or other facilities for private
parties, such as wedding receptions. Except for private parties, the 21 year old age
restriction should apply after 10:00 p.m. when the Main Hall is not operated as a
bonafide sit-down restaurant. Staff also supports allowing some flexibility to rearrange
furniture to accommodate private parties. However, this flexibility should not allow the
operators to exceed the approved capacity. Floor Plan 5, Sheet A2.4 depicts the public
operation configuration. The applicant also wants to be able to change seating, stage,
and dance floor configurations for nightclub operations. As is the case with other
restaurants and nightclubs, the applicant’s request to allow multiple floor plans and
capacities for nightclub operations is not recommended due to enforcement
complications.
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The recommended amendments to the conditions are shown with strikeout and
underlining. The strikeout text will be deleted and the conditions renumbered when the
Statement of Official Action is prepared for approval.
Conformance with the Bayside District Specific Plan Land Use Element
The Bayside District Specific Plan was originally adopted in 1986. It was revised in 1996
to reevaluate the Plan’s goals, objectives and policies to ensure the Plan continues to
address the areas needs and to update construction activity since the original document
was prepared. One primary focus of the plan is to encourage an active pedestrian
environment during both daytime and nighttime hours. This continues to be achieved by
providing a diversity of land uses, activities, business and job opportunities intended to
serve residents and visitors. Dynamic changes have occurred in the Bayside District
transforming it from a quiet downtown environment to a vital city center.
Staff is generally supportive of the proposed sidewalk dining area, which reinforces the
proposed nightclub/restaurant’s limited dining component and promotes the goals and
objectives of the Bayside District Specific Plan. While Gotham Hall is allowed to open
at 10 am, they typically don’t open until the evening hours.
Parking and Circulation
No on-site parking is required because the project is located within the Downtown
Parking Assessment District.
Hours of Operation
Operating hours are limited to 10:00 a.m. to 2:00 a.m. daily. alcohol consumption in the
sidewalk dining area should be limited to 10:00 a.m. to midnight and 10:00 a.m. to 1:45
a.m. within the establishment.
Police Department Comments
The Santa Monica Police Department has been contacted regarding this proposal. The
Police Department stated that they have a good working relationship with the applicant
and have had no problems related to the way Gotham Hall is operated. Their primary
concerns regarding the proposed nightclub expansion is the potential use of the
premises by an outside promoter where the owner has limited control of overbooking
and over promotion, or the resulting lines and crowd control problems outside the
establishment when over promotion occurs. To minimize alcohol related enforcement
problems from patrons ordering alcohol without meal service, the Police Department
also recommends that the sale of alcoholic beverages not be allowed in the sidewalk
dining area after midnight. With the inclusion of Alcohol Outlet Condition 32, which
prohibits outside promoters, Alcohol Outlet Condition 33, which restricts lines from
forming outside the establishment, and Alcohol Outlet Condition 39, which prohibits
alcohol in the sidewalk dining area after midnight, the Police Department has no
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Objections to the proposed nightclub use. The Police Department recommendation is
contained in Attachment E.
Community and Cultural Services Department Comments
There are no public parks or playgrounds in the immediate area and Community and
Cultural Services Department has no objections to the proposed nightclub use.
Code Enforcement
There are no known Code violations at the subject nightclub.
Neighborhood Compatibility
No churches, no schools, and no parks are within 500' of the site. However,
approximately 430 residents live within a 500' radius of the subject parcel. The closest
residential units are in the Janss Court development, approximately 50’ south. There
are also 44 residential units located at 1423 Second Street. The building’s solid
masonry walls and lack of openings mitigates noise impacts to residential neighbors.
Condition 12 requires the operator to encourage patrons to leave the premises quickly
and quietly as possible, to reduce the noise heard by nearby residents.
Conclusion
The proposal is consistent with the Bayside District Specific Plan. The Land Use
Element of the Bayside District Specific Plan, Section 4.1, "General Policies" states the
need for provision of “the development of uses as necessary to maintain the economic
viability of the Bayside District, including eating establishments and entertainment
facilities (theaters, clubs, etc.)” [4.1.3], and encourages the development of
entertainment and restaurant uses above the first floor in the Bayside District [4.1.6].
Staff believes that the existing venue will be an intensified use, but meets the goals of
the District and will not result in an overconcentration of such uses in the Bayside
District. There is no increase in the number of hours and the sidewalk dining is a
modest expansion in area beyond that previously approved.
The amended conditions of approval improve clarity for easier compliance, including the
conditions which limit the potential impact of large crowds gathering outside the
establishment, and will ensure that the use will not have a negative impact on the
surrounding area. In addition, the Bayside District Board of Directors support the
proposal and the Police Department advised staff that as conditioned, there are no
significant law enforce concerns.
ALTERNATIVES
Other than the recommended action, the Planning Commission may:
Approve CUP 04-005 with different conditions or findings, or
Deny CUP 04-005 with or without prejudice based upon revised findings.
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RECOMMENDATION
It is recommended that the Planning Commission approve CUP 04-005 based on the
following findings and amended conditions.
CONDITIONAL USE PERMIT FINDINGS (note-findings and conditions are carried
forward from CUP 96-026 except for amendments that are in underlined text)
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 a nightclub use is
conditionally permitted in the BSC-1 District of the Zoning Ordinance and in the
Bayside District Specific Plan.
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 permits
nightclubs, and dancing and music will be ancillary to the food service function of
the establishment. Furthermore, the general policies of the Bayside District
Specific Plan include extension of the active period of the Third Street
Promenade into nighttime hours, stimulation of improved economic activity on the
Promenade and generation of new job and business opportunities for community
residents.
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 the present land use
is commercial and the proposed use is a nightclub with dancing and live music
and is an expansion of the existing alcohol license in conjunction with the
restaurant/bar/billiards establishment.
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 permits a nightclub and that
Bayside District Specific Plan Policy 4.1.6 encourages the development of
entertainment and restaurant uses above the first floor.
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.
7. Public access to the proposed use will be adequate, in that the subject property
is within the Downtown Parking Assessment District and therefore, parking will
be provided in nearby City parking structures.
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8. The physical location or placement of the use on the site is compatible with and
relates harmoniously to the surrounding neighborhood, in that the proposed
nightclub will be properly soundproofed and conditions prohibiting customers
from gathering outside the establishment will minimize potential impacts.
9. The proposed use is consistent with the goals, objectives, and policies of the
General Plan, in that Land Use Element Policy 1.3.1 of the General Plan
encourages the construction of major entertainment uses in Downtown; and
Land Use Element Policy 1.4.1 of the General Plan encourages restaurant and
other uses complimentary to retail along the Third Street Promenade as key
toward revitalization.
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
downtown as the focus of the City.
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 no performance standard permit is
required.
12. The proposed use will not result in an overconcentration of such uses in the
immediate vicinity, in that the proposed alcohol license will be for a nightclub use
with the addition of dancing and live music to an existing restaurant and in that
the area is in the commercial core of Santa Monica, which is frequented by large
numbers of local residents as well as office workers, shoppers, and visitors from
outside the City. Furthermore, this type of outlet has not contributed significantly
to alcohol related problems in the area.
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
alcohol license will be for a nightclub use with dancing and live music where
there is an existing restaurant/bar/billiards hall.
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, away
from any major residential uses and that the conditions of approval require that
no outside promoter be permitted to rent or lease the space and the public will
not be permitted to gather outside the establishment to wait for entry into the
nightclub.
3. The proposed use will not contribute to an undue concentration of alcohol outlets
in the area in that the area is in the downtown core of Santa Monica which is
frequented by large numbers of local residents as well as office workers,
shoppers, and visitors from outside the area.
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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 for approval, such as the requirement that no outside promoters rent
or lease the club and that no lines are permitted to form outside the nightclub, will
minimize the potential affect on the residential uses in the vicinity.
5. The proposed use is compatible with existing and potential uses within the
general area in that a nightclub use in the existing restaurant/bar/billiards
establishment located in the City's commercial core is compatible with permitted
uses and other existing dining and bar uses in the area.
6. Traffic and parking congestion will not result from the proposed use in that
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 project is
consistent with the provisions of the Zoning Ordinance, the Third Street Mall
Specific Plan and the Land Use Element of the General Plan, which encourage
entertainment and restaurant uses to serve as a focal point in the downtown and
expansion of the establishment's nightclub element will be incidental to the
existing restaurant, bar and billiard uses.
8. No harm to adjacent properties will result in that the conditions of approval will
ensure that the establishment operates in a manner which properties adjacent
neighbors.
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.
CONDITIONS OF APPROVAL
1. This approval is for those plans dated 7/7/04 except: (a) Sheets A2.1, A2.2,
A2.3, A2.5, A2.6 and A2.7 shall be removed since only the floor plan detailed in
Sheet A2.4 is approved; and (b) the plans shall be modified to demonstrate
compliance with Condition 5 and to indicate that the proposed façade remodel
would require separate encroachment permits and Architectural Review Board
approval. A copy of these approved plans shall be maintained in the files of the
Deleted:
a
City Planning Division. Project development and use shall be consistent with
Deleted:
which
such plans, except as otherwise specified in these conditions of approval.
2. 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.
3. The applicant shall comply with all legal requirements regarding provisions for
the disabled, including those set forth in the California Administrative Code, Title
34
24, Part 2. Any changes in project plans must be approved by the Director of
Planning and Community Development.
4. Elevator access from the rear to the front of the establishment on the second
floor shall be through a public room of the establishment.
5. When any portion of the establishment is open to the public, the back room shall
not be used for private parties in order to ensure that the elevator located at the
rear shall open into a public area. Only in the event that the establishment is
used exclusively for a private party may the elevator open to the back room
used for a private party.
6. The sign posted at the front entrance on the Third Street Promenade and at the
Deleted:
A
alley which indicates that handicapped access and the elevator is accessible
Deleted:
shall be
from the rear alley entrance shall be replaced with a sign at least 7” by 8” and
display the accessibility logo. Such signage shall be subject to the approval of
Deleted:
The extent of s
the Director of Planning and Community Development.
Deleted:
A
Deleted:
of 95 dBA in
7. The maximum noise level limit within the nightclub shall not exceed 95 dBA.
Deleted:
be
The City shall have the right to test noise levels at any time at any location in
Deleted:
equivalent
the nightclub and such levels are not to exceed 95 dBA Equivalent Noise Level
Deleted:
T
(LEQ) during a 15 minute period.
Deleted:
equivalent to the
Promenade fronting entrance
8. All windows of the nightclub shall remain closed during operating hours of the
Deleted:
.
establishment so as not to have adverse impacts on the neighboring residence
Deleted:
The ground floor kitchen
or general public.
expansion may not exceed 5% of the
size of the establishment (750 square
feet) and must be located in the rear
9. Access to the ground floor corridor leading to the elevator shall have clear
one third of the space. Zoning
ingress and egress and shall not be encumbered by storage or other elements
Administrator approval of the
configuration is required prior to
at any time.
building permit issuance. Expansion
beyond this limitation requires
Planning Commission approval.¶
10. The rear entrance shall be operated and maintained as a main entrance with
Deleted:
The ownership shall make
amenities similar to the Promenade fronting entrance. The walls of the alley
sure all patrons have vacated the
façade shall be painted and maintained. If the exterior design of the promenade
premises, in a quiet and expeditious
manner, no later than twenty minutes
front façade is modified the exterior design of the rear entrance shall be revised
after the establishment has closed.
so that the visual appearance of this entrance is similar to the front entrance.
The establishment shall not be open
later than 2:00 a.m.
Redesign of the rear entrance shall be subject to approval by the Architectural
Deleted:
Prior to consideration of the
Review Board at the same time changes to the front façade are considered by
project by the Architectural Review
the Architectural Review Board.
Board, the applicant shall review
disabled access requirements with
the Building and Safety Division and
11.
make any necessary changes in the
project design to achieve compliance
12.
with such requirements. The
Architectural Review Board, in its
review, shall pay particular attention
Architectural Review Board
to the aesthetic, landscaping, and
setback impacts of any ramps or
other features necessitated by
13.
accessibility requirements.
Deleted:
Construction period
14. .
signage shall be subject to the
approval of the Architectural Review
Board
35
Pubbusiness license numbers of all addresses, telephone numbers and names, plan shall 1) Specify the upon request. As applicable, this construction and shall be produced site for the
duration of the project mitigation plan shall be posted on the building permit. The approved suance of a Management prior to is and Public Works of Environmentalcant for approval by
the Department -plan shall be prepared by the appliA construction period mitigation 22.¶¶Community and Cultural Services.approval of the Department of tree shall be removed without the
lic Works Management. No street
15. Plans for any façade alterations, and signage shall be subject to review and
Deleted:
final design, landscaping,
screening, trash enclosures
approval by the Architectural Review Board.
Deleted:
Refuse areas, storage
areas and mechanical equipment
16. The Architectural Review Board, in its review, shall pay particular attention to
shall screened in accordance with
the project's pedestrian orientation and amenities; scale and articulation of
SMMC Section 9.04.10.02.130-
90.04.10.02.150. Refuse areas shall
design elements; exterior colors, textures and materials; window treatment;
be of a size adequate to meet on-site
glazing; and landscaping.
need, including recycling. The
Architectural Review Board in its
review shall pay particular attention to
17. Environmental Mitigation
the screening of such areas and
equipment. Any rooftop mechanical
equipment shall be minimized in
25. Ultra-low flow plumbing fixtures are required on all new development and
height and area, and shall be located
in such a way as to minimize noise
remodeling where plumbing is to be added. (Maximum 1.6 gallon toilets and 1.0
and visual impacts to surrounding
gallon urinals and low flow shower head.)
properties. Unless otherwise
approved by the Architectural Review
Board, rooftop mechanical equipment
26. To mitigate solid waste impacts, prior to issuance of a Certificate of Occupancy,
shall be located at least five feet from
the edge of the roof. ¶
project owner shall submit a recycling plan to the Department of Environmental
¶
and Public Works Management for its approval. The recycling plan shall include
Construction¶
¶
1) list of materials such as white paper, computer paper, metal cans, and glass
18.Unless otherwise approved by
to be recycled; 2) location of recycling bins; 3) designated recycling coordinator;
the Department of Environmental and
Public Works Management, all
4) nature and extent of internal and external pick-up service; 5) pick-up
sidewalks shall be kept clear and
schedule; 6) plan to inform tenants/occupants of service.
passable during the grading and con-
struction phase of the project.¶
¶
Miscellaneous Conditions
19.Sidewalks, curbs, gutters, paving
and driveways which need replacing
or removal as a result of the project
27. The building address shall be painted and maintained on the roof of the building
as determined by the Department of
Environmental and Public Works
and shall measure four feet by eight feet (32 square feet).
Management shall be reconstructed
to the satisfaction of the Department
of Environmental and Public Works
Management. Approval for this work
Validity of Permits
shall be obtained from the
Department of Environmental and
Public Works Management prior to
30a CUP 04-005 shall not be valid and the applicant shall not
issuance of the building permits.¶
¶
commence operation under this permit until the applicant
20.Vehicles hauling dirt or other
submits satisfactory evidence to the City that the applicant’s
construction debris from the site shall
cover any open load with a tarpaulin
California Department of Alcoholic Beverage Control (ABC)
or other secure covering to minimize
License and ABC Conditions have been modified to be
dust emissions.¶
¶
consistent with or more restrictive than this CUP.
21.Street trees shall be maintained,
relocated or provided as required in a
manner consistent with the City's
30. In the event permittee violates or fails to comply with any conditions of approval
Tree Code (Ord. 1242 CCS), per the
of this permit, no further permits, licenses, approvals or certificates of
specifications of the Department of
Community and Cultural Services and
occupancy shall be issued until such violation has been fully remedied.
the Department of Environmental and
Deleted:
¶
31. Within ten days of City Planning Division transmittal of the approved Statement
28.Street and/or alley lighting shall
of Official Action, project applicant shall sign and return a copy of the Statement be provided on public rights of way
adjacent to the project if and as
of Official Action prepared by the City Planning Division, agreeing to the
needed per the specifications and
Conditions of approval and acknowledging that failure to comply with such
with the approval of the Department
of Environmental and Public Works
conditions shall constitute grounds for potential revocation of the permit
Management.¶
approval. By signing same, applicant shall not thereby waive any legal rights ¶
29.Prior to final inspection, the
applicant may possess regarding said conditions. The signed Statement shall
applicant shall modify the alley facade
with approved signage as per ARB
95-059.
36
... [1]
be returned to the City Planning Division. Failure to comply with this condition
may constitute grounds for potential permit revocation.
32. 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 one year from the
permit's effective date, unless, the use authorized by this permit has
Deleted:
in the case of new
development, a building permit has
commenced operation prior to the permit expiration date. One six month
been obtained, or in the case of a
extension of the one year period may be permitted if approved by the Director of
change of use, a business license
has been issued and the use is in
Planning and Community Development. Applicant is on notice that time
Deleted:
three
extensions may not be granted if development standards relevant to the project
have become more restrictive since project approval.
33.
Deleted:
Within thirty (30) days after
final approval of the project, a sign
shall be posted on site stating the
34. The operation shall at all times be conducted in a manner not detrimental to
date and nature of the approval. The
sign shall be posted in accordance
surrounding properties or residents by reason of lights, noise, activities, parking,
with the Zoning Administrator
or other actions.
guidelines and shall remain in place
until a building permit is issued for the
project. The sign shall be removed
35. New mechanical equipment shall not be located on the side of any building
promptly when a building permit is
issued for the project or upon
which is adjacent to a residential building on the adjoining lot. Roof locations
expiration of the Conditional Use
may be used when the mechanical equipment is installed within a soundrated
Permit.
parapet enclosure.
Deleted:
M
36. Final approval of any new mechanical equipment installation will require a noise
test in compliance with SMMC Section 4.12.040. Equipment for the test shall
be provided by the owner or contractor and the test shall be conducted by the
owner or contractor. A copy of the noise test results on mechanical equipment
shall be submitted to the Community Noise Officer for review to ensure that
noise levels do not exceed maximum allowable levels for the applicable noise
zone.
37.
Deleted:
Final building plans
submitted for approval of a building
permit shall include on the plans a list
38. The conditions of this approval shall supersede all previous approvals on this
of all permanent mechanical
equipment to be placed outdoors and
property including CUP 90-015, CUP 92-014, CUP 94-022, and CUP 96-026.
all permanent mechanical equipment
to be placed indoors which may be
heard outdoors.
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 establishment after
10:00 p.m., unless that person is attending a private party, such as wedding
reception, birthday celebration, or similar event approved by the Police
Department. A signs shall be posted to this effect.
Deleted:
and
3. Security personnel shall be provided from 8:00 p.m. to the closing hour.
37
4. The owner shall provide for designated types of beverage dispensers, which will
clearly distinguish alcoholic beverages from non-alcoholic beverages.
5. Signs shall be posted in conspicuous locations advising patrons that alcoholic
beverages shall not be sold unless proper identification is displayed.
6. The use of the premises for sit-down meal service to patrons shall be
maintained as a major component of the project.
7. No expansion in number of seats, occupancy, intensity of operation, or outdoor
areas shall occur without prior approval from the Planning Commission, or City
Deleted:
City of Santa Monica
Council on appeal and State ABC.
8. Permitted hours of operation shall be from 10 am to 2 am, seven days a week.
No "after hours" operations shall be permitted. Alcoholic beverages may be
served in the establishment only between the hours of 10:00 am and 1:45 a.m.,
Deleted:
2:00
seven days a week. The owner/operator shall make sure all patrons have
Deleted:
The establishment shall not
be open later than 2:00 a.m.
vacated the premises, in a quiet and expeditious manner, no later than twenty
minutes after the establishment has closed (2:20 a.m.).
The sidewalk dining area may operate from 10:00 a.m. to 11:00
p.m., but no later than the closing of the associated sit-down food
service of the principal restaurant use. Patrons shall not be seated
after 10:45 p.m. Patrons are allowed to remain in the sidewalk
dining area until midnight to finish their meal. Alcoholic beverages
may be served only between the hours of 10:00 am and 11:30 p.m.
with sit-down meal service. No alcohol shall be served after 11:30
p.m. and complete closure of the sidewalk dining area shall occur
no later than midnight.
9. Customers shall be permitted to order meals at the bar at all times the premises
is open for business.
10. Dancing or live entertainment shall be permitted on the premises in the North
Hall, and Main Hall as shown on the project plans only. Dancing is limited to
Deleted:
1429 Third Street
Promenade
the dance floor areas. No chairs or tables may be moved to accommodatea
Deleted:
space
larger live entertainment or dance area except as shown on the project plans.
11. The owner shall control noisy patrons leaving the restaurant.
12. 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: 123 seats in the
Main Hall; 30 seats in the Bar; 49 seats in the Dining Area; 28 seats in the
38
Martini Lounge; 34 seats in the Mezzanine; 145 seats in the North Hall; and 14
seats in the sidewalk dining area, for a total of 423 seats for the entire
Deleted:
335
premises. Total building occupancy shall not exceed 500 persons. The Main
Hall dance floor shall not exceed 15’ by 22’ and the North Hall dance floor shall
not exceed 14’ by 20’.
Deleted:
both the 1429 and 1431
Third Street Promenade spaces. Bar
seating shall not exceed 39 fixed bar
15. Take out service shall be only incidental to the primary sit-down use.
seats; restaurant seating shall not
exceed 101 seats, club area bar
stools shall not exceed 129 seats and
16. No alcoholic beverage shall be sold for consumption beyond the premises.
incidental lounge seating shall not
exceed 66.
Deleted:
A maximum of seven seats
18.
shall be permitted at Bar #3 at the
rear of the back room of 1431 Third
Street Promenade and a maximum of
19. An updated security plan shall be submitted to the Chief of Police for review and
10 seats shall be permitted at Bar #2
approval. The plan shall address both physical and operational security issues.
along the north wall of the 1429 Third
Street Promenade space.¶
The approved plan shall be implemented prior to commencement of operations
under this permit.
Deleted:
Permitted hours of
operation shall be 10 am to 2 am,
seven days a week. No "after hours"
20. The operator shall submit an updated plan for approval by the Director of
operations shall be permitted.
Planning and Community Development regarding employee alcohol awareness
Deleted:
Prior to final inspection for
1429 3rd Street Promenade, a
training programs and policies. The plan shall outline a mandatory alcohol
Deleted:
Prior to final inspection for
awareness training program for all employees having contact with the public
1429 3rd Street Promenade, t
and shall state management's policies addressing alcohol consumption and
Deleted:
a
inebriation. The operator shall provide the City with an annual report regarding
compliance with this condition. This project shall be subject to any future City-
wide alcohol awareness training program condition affecting similar
establishments.
21. The operator shall submit an updated plan describing the establishment's
Deleted:
Prior to final inspection for
1429 3rd Street Promenade, t
designated driver program, which shall be offered by the operator to the
Deleted:
also
establishment's patrons. The plan shall specify how the operator will inform
patrons of the program, such as offering on the menu a free non-alcoholic drink
Deleted:
a
for every party of two or more ordering alcoholic beverages.
22. Minor amendments to the plans shall be subject to approval by the Director of
Planning and Community Development. An increase in occupancy or change in
Deleted:
of more than 10% of the
square footage or a significant
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 Planning Commission, or City Council if appealed and
State ABC.
23. Except for special events, alcohol shall not be served in any disposable
container such as disposable plastic or paper cups.
24. No more than three video or other amusement games shall be permitted on the
premises.
39
25. A cover charge may be charged for entrance to Gotham Hall after 10:00 p.m.,
except no cover may be charged for patrons to receive service in the sidewalk
dining area or the restaurant dining area.
Deleted:
Any minimum purchase
requirement may be satisfied by the
purchase of beverages or food.
26. The project shall at all times comply with the provisions of the Noise Ordinance
(SMMC Chapter 4.12).
27. 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 California Department of Alcoholic Beverage Control
Deleted:
State
(ABC).
Deleted:
department
28. This permit shall expire one year from the effective date of approval unless
required ABC permits are obtained. One six month extension of the one year
Deleted:
ninety (90) day
period may be permitted if approved by the Director of Planning and Community
Development. An extension may not be granted if development standards
Deleted:
that a
relevant to the project have changed since project approval.
29. Applicant is on notice that all temporary signage is subject to the restrictions of
the City Sign Ordinance.
Deleted:
s
Deleted:
o
30.
Deleted:
Any new restaurant at the
site with fewer than 50 seats capacity
shall install a grease interceptor with
31. The second floor facilities at 1429 and 1431 Third Street Promenade, the North
minimum 750 gallons static holding
and South Halls, which are the subject of this approval, are considered as one
capacity in order to pretreat sewered
grease. Facilities with greater than
premises for purposes of this approval. Access between these spaces shall be
50 seats are required to install an
maintained; no permanent separation between the spaces shall be permitted
interceptor with 1000 gallons
minimum holding capacity. The
unless otherwise approved by the Planning Commission.
Environmental and Public Works
Management Department may modify
the above requirements only for good
32. No outside promoter shall be permitted to rent or lease the premises. No event
cause. Specifically, the facility must
held at the establishment shall be advertised under another name. All private
demonstrate to the satisfaction of the
Industrial Waste Section and Building
parties shall be operated through the owner with the owner directly responsible
and Safety Division that interceptor
for all aspects of the event. This restriction does not preclude the owner from
installation is not feasible at the site in
question. In such cases where
in-house business promotions, such as 70’s night, rock and roll night at
modifications are granted, grease
Gotham, etc., provided prior ARB approval is obtained for any signs or
traps will be required in the place of
an interceptor. Building Permit plans
promotional items visible from the building’s exterior.
shall show the required installation.
40
33. No lines shall be permitted to form outside the building either on the alley side
or the Third Street Promenade side of the building for patrons waiting to enter
the establishment with the exception of any line formed to allow nightclub
personnel to check patron identification. Any such line shall not extend beyond
the sidewalk dining area. If the nightclub is at maximum capacity, patrons shall
be turned away until entry is possible; otherwise, all patrons for the nightclub
shall be permitted to enter the building. The applicant shall provide a waiting list
or other appropriate system to control patrons who are waiting to enter the
establishment when the nightclub is at maximum capacity.
34. Except for private parties, the operator shall not remove or rearrange any seats
Deleted:
T
or tables to increase the occupancy of the premises. For private parties, the
owner/operator may rearrange furniture in the Main Hall provided: (a) the
maximum seating capacity, for all portions of the facility, including portions not
used for the event, does not exceed 423 seats, (b) the total capacity for the
entire premises, including employees does not exceed 500 persons, and (c) the
furniture does not block or restrict emergency egress.
35. Glass containers shall not be permitted on the dance floors.
36. If the Director of Planning and Community Development determines that any of
the conditions of this approval have been violated, this Conditional Use Permit
shall be remanded to the Planning Commission for review.
40. Except for the Mezzanine, the use of portable bars shall not be permitted.
Deleted:
T
41. The applicant shall submit detailed plans for the design materials and colors of
the sidewalk dining enclosure to the Architectural Review Board for approval.
The applicant shall also obtain and maintain the requisite Third Street
Promenade Outdoor Dining permits from the Environment Public Works
Management Department.
42. The use of the sidewalk dining area shall be for sit-down meal service. No one
shall be served or allowed to consume food or beverage unless they are
seated. No alcoholic beverages shall be served except with meal service.
Signage stating: “Food Purchase is required in all outdoor dining areas. No
alcoholic beverages shall be served in the outdoor dining area accept as part of
meal service.” shall be posted in the outdoor dining area and/or printed on the
menu. Sidewalk dining may operate the same hours authorized for Gotham
Hall so long as sit-down full meal service is always available, but no later than
the closing of the associated sit-down food service of the principal restaurant
use. No alcohol shall be served after 11:30 p.m. and all alcoholic beverages
shall be removed from the outdoor dining area no later than midnight. The
design and placement of tables and chairs shall not encroach or restrict
emergency egress from the building.
43. The owner/operator shall comply with all regulations that govern the
establishment and operation of sidewalk dining as set forth in the Third Street
Promenade Outdoor Standards.
41
Formatted: Bullets and Numbering
Formatted: Bullets and Numbering
Formatted: Bullets and Numbering
Formatted: Bullets and Numbering
44. The owner/operator shall submit an annual report to the Transportation
Planning Manager detailing their efforts to educate patrons on alternative
modes of transportation and the location of parking facilities and efforts to
secure prepaid parking validation for City parking structures to mitigate
potential noise from patrons leaving the establishment and parking structures
and to improve traffic circulation. The first report shall be submitted six months
after the effective date of this CUP.
Formatted: Bullets and Numbering
Prepared by: Bruce Leach, Associate Planner
Attachments:
A. Municipal Code and General Plan Conformance
B. Notice of Public Hearing, Site Posting Photo & Radius and Location Map
C. Requested Amendments to Conditions
D. Recommendation of the Police Department
E. Correspondence from the Bayside District
F. Menu for restaurant & private parties
G. Photographs of Site and Surrounding Properties
H. Plot Plan, Floor Plans and Elevations
AS:bgl
F:\PLAN\SHARE\PC\STRPT\04\04cup005nightclub
42
ATTACHMENT A
MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE
LAND USE
CATEGORY ELEMENT MUNICIPAL CODE PROJECT
Permitted Use Downtown Core Restaurants & nightclubs CUP to expand a
with a CUP nightclub/restaurant
Sidewalk Café subject to Sidewalk Café subject to ARB
Dining Standards & EPWM approval
43
ATTACHMENT D
CUP 04-005 STATEMENT OF OFFICIAL ACTION
44
City of Santa Monica
City Planning Division
PLANNING COMMISSION
STATEMENT OF OFFICIAL ACTION
PROJECT
CASE NUMBER: Conditional Use Permit 04-005
LOCATION: 1429-1431 Third Street Promenade
APPLICANT: Albert & Renee Mizrahi / Gotham Hall
PROPERTY Albert Mizrahi / Gotham Hall
OWNER:
CASE PLANNER: Bruce Leach, Associate Planner
REQUEST: Amendment to an existing Conditional Use Permit (CUP
96-026) to expand nightclub and restaurant service in an
area currently used as a poolroom/bar. The proposal
includes a removable 16’ by 20’ stage for nightclub use,
including bands, or DJ’s, and a 15’ by 22’ dance floor. A
12’ by 16’ sidewalk dining area with 14 seats is also
proposed on the Third Street Promenade. Some pool
tables will be retained at Gotham Hall.
CEQA STATUS: The project is categorically exempt from the provisions of
CEQA, pursuant to Class (1) of the State Implementation
Guidelines in that the project involves a minor 195 square
foot increase of floor area and a change in operation of
an existing pool hall/nightclub/restaurant.
PLANNING COMMISSION ACTION
September 1, 2004 Date.
45
Approved based on the following findings and subject to the
X
conditions below.
Denied.
Other.
EFFECTIVE DATES OF ACTIONS IF NOT APPEALED:
September 16, 2004
EXPIRATION DATE OF ANY PERMITS GRANTED:
September 16, 2005
LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATES:
6-months
Any request for an extension of the expiration date must be received in the City
Planning Division prior to expiration of this permit.
Each and all of the findings and determinations are based on the competent and
substantial evidence, both oral and written, contained in the entire record relating to the
Project. All summaries of information contained herein or in the findings are based on
the substantial evidence in the record. The absence of any particular fact from any
such summary is not an indication that a particular finding is not based in part on that
fact.
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 a nightclub use is
conditionally permitted in the BSC-1 District of the Zoning Ordinance and in the
Bayside District Specific Plan.
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 permits
nightclubs, and dancing and music will be ancillary to the food service function of
the establishment. Furthermore, the general policies of the Bayside District
Specific Plan include extension of the active period of the Third Street
Promenade into nighttime hours, stimulation of improved economic activity on the
Promenade and generation of new job and business opportunities for community
residents.
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.
46
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 present land use
is commercial and the proposed use is a nightclub with dancing and live music
and is an expansion of the existing alcohol license in conjunction with the
restaurant/bar/billiards establishment.
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 permits a nightclub and that
Bayside District Specific Plan Policy 4.1.6 encourages the development of
entertainment and restaurant uses above the first floor.
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.
7. Public access to the proposed use will be adequate, in that the subject property
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 the proposed
nightclub will be properly soundproofed and conditions prohibiting customers
from gathering outside the establishment will minimize potential impacts.
9. The proposed use is consistent with the goals, objectives, and policies of the
General Plan, in that Land Use Element Policy 1.3.1 of the General Plan
encourages the construction of major entertainment uses in Downtown; and
Land Use Element Policy 1.4.1 of the General Plan encourages restaurant and
other uses complimentary to retail along the Third Street Promenade as key
toward revitalization.
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
downtown as the focus of the City.
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 no performance standard permit is
required.
47
12. The proposed use will not result in an overconcentration of such uses in the
immediate vicinity, in that the proposed alcohol license will be for a nightclub use
with the addition of dancing and live music to an existing restaurant and in that
the area is in the commercial core of Santa Monica, which is frequented by large
numbers of local residents as well as office workers, shoppers, and visitors from
outside the City. Furthermore, this type of outlet has not contributed significantly
to alcohol related problems in the area.
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
alcohol license will be for a nightclub use with dancing and live music where
there is an existing restaurant/bar/billiards hall.
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, away
from any major residential uses and that the conditions of approval require that
no outside promoter be permitted to rent or lease the space and the public will
not be permitted to gather outside the establishment to wait for entry into the
nightclub.
3. The proposed use will not contribute to an undue concentration of alcohol outlets
in the area in that the area is in the downtown core of Santa Monica which is
frequented by large numbers of local residents as well as office workers,
shoppers, and visitors from outside the area.
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 for approval, such as the requirement that no outside promoters rent
or lease the club and that no lines are permitted to form outside the nightclub, will
minimize the potential affect on the residential uses in the vicinity.
5. The proposed use is compatible with existing and potential uses within the
general area in that a nightclub use in the existing restaurant/bar/billiards
establishment located in the City's commercial core is compatible with permitted
uses and other existing dining and bar uses in the area.
6. Traffic and parking congestion will not result from the proposed use in that
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 project is
consistent with the provisions of the Zoning Ordinance, the Third Street Mall
48
Specific Plan and the Land Use Element of the General Plan, which encourage
entertainment and restaurant uses to serve as a focal point in the downtown and
expansion of the establishment's nightclub element will be incidental to the
existing restaurant, bar and billiard uses.
8. No harm to adjacent properties will result in that the conditions of approval will
ensure that the establishment operates in a manner which properties adjacent
neighbors.
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.
CONDITIONS
:
3. This approval is for those plans dated 7/7/04 except: (a) Sheets A2.2, A2.3, A2.4,
A2.5, A2.6 and A2.7 shall be removed since only the floor plan detailed in Sheet
A2.1, with modifications showing a 15 foot by 22 foot dance floor and no seating
in the Main Hall (area between the Main Bar and kitchen) is approved; and (b)
the plans shall be modified to demonstrate compliance with Condition #5 and
indicate that the proposed façade remodel would require separate encroachment
permits and Architectural Review Board approval. A copy of these approved
plans shall be maintained in the files of the City Planning Division. Project
development and use shall be consistent with such plans, except as otherwise
specified in these conditions of approval.
4. The conditions of this approval shall supersede all previous approvals on this
property including CUP 90-015, CUP 92-014, CUP 94-022, and CUP 96-026.
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.
4. 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. Any changes in project plans must be approved by the Director of
Planning and Community Development.
5. Elevator access from the rear to the front of the establishment on the second
floor shall be through a public room of the establishment.
6. When any portion of the establishment is open to the public, the back room shall
not be used for private parties in order to ensure that the elevator located at the
rear shall open into a public area. Only in the event that the establishment is
49
used exclusively for a private party may the elevator open to the back room used
for a private party.
7. The sign posted at the front entrance on the Third Street Promenade and at the
alley which indicates that handicapped access and the elevator is accessible
from the rear alley entrance shall be replaced with a sign at least 7” by 8” and
display the accessibility logo. Such signage shall be subject to the approval of
the Director of Planning and Community Development.
8. The maximum noise level limit within the nightclub shall not exceed 95 dBA. The
City shall have the right to test noise levels at any time at any location in the
nightclub and such levels are not to exceed 95 dBA Equivalent Noise Level
(LEQ) during a 15 minute period.
9. All windows of the nightclub shall remain closed during operating hours of the
establishment so as not to have adverse impacts on the neighboring residence or
general public.
10. Access to the ground floor corridor leading to the elevator shall have clear
ingress and egress and shall not be encumbered by storage or other elements at
any time.
11. The rear entrance shall be operated and maintained as a main entrance with
amenities similar to the Promenade fronting entrance. The walls of the alley
façade shall be painted and maintained. If the exterior design of the promenade
front façade is modified the exterior design of the rear entrance shall be revised
so that the visual appearance of this entrance is similar to the front entrance.
Redesign of the rear entrance shall be subject to approval by the Architectural
Review Board at the same time changes to the front façade are considered by
the Architectural Review Board.
Architectural Review Board
12. Plans for any façade alterations, and signage shall be subject to review and
approval by the Architectural Review Board.
13. The Architectural Review Board, in its review, shall pay particular attention to the
project's pedestrian orientation and amenities; scale and articulation of design
elements; exterior colors, textures and materials; window treatment; glazing; and
landscaping.
Environmental Mitigation
50
14. 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.)
15. To mitigate solid waste impacts, prior to issuance of a Certificate of Occupancy,
project owner shall submit a recycling plan to the Department of Environmental
and Public Works Management for its approval. The recycling plan shall include
1) list of materials such as white paper, computer paper, metal cans, and glass to
be recycled; 2) location of recycling bins; 3) designated recycling coordinator; 4)
nature and extent of internal and external pick-up service; 5) pick-up schedule; 6)
plan to inform tenants/occupants of service.
Miscellaneous Conditions
20. The building address shall be painted and maintained on the roof of the building
and shall measure four feet by eight feet (32 square feet).
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. New mechanical equipment shall not be located on the side of any building which
is adjacent to a residential building on the adjoining lot. Roof locations may be
used when the mechanical equipment is installed within a soundrated parapet
enclosure.
23. Final approval of any new mechanical equipment installation will require a noise
test in compliance with SMMC Section 4.12.040. Equipment for the test shall be
provided by the owner or contractor and the test shall be conducted by the owner
or contractor. A copy of the noise test results on mechanical equipment shall be
submitted to the Community Noise Officer for review to ensure that noise levels
do not exceed maximum allowable levels for the applicable noise zone.
Validity of Permits
21. CUP04-005 shall not be valid and the applicant shall not commence
operation under this permit until the applicant submits satisfactory
evidence to the City that the applicant’s California Department of Alcoholic
Beverage Control (ABC) License and ABC Conditions have been modified
to be consistent with or more restrictive than the provisions of CUP04-005.
21. 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.
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22. If the Director of Planning and Community Development determines that any of
the conditions of this approval have been violated, this Conditional Use Permit
shall be remanded to the Planning Commission for review.
25. 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.
26. 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 one year from the permit's
effective date, unless, the use authorized by this permit has commenced
operation prior to the permit expiration date. One six month extension of the one
year period 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 become more
restrictive since project approval.
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 establishment after
10:00 p.m., unless that person is attending a private party, such as wedding
reception, birthday celebration, or similar event approved by the Police
Department. A signs shall be posted to this effect.
3. Security personnel shall be provided from 8:00 p.m. to the closing hour.
6. The owner shall provide for designated types of beverage dispensers, which will
clearly distinguish alcoholic beverages from non-alcoholic beverages.
7. Glass containers shall not be permitted on the dance floors.
6. Signs shall be posted in conspicuous locations advising patrons that alcoholic
beverages shall not be sold unless proper identification is displayed.
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7. The use of the premises for sit-down meal service to patrons shall be maintained
as a major component of the project.
14. Customers shall be permitted to order meals at the bar at all times the premises is
open for business.
15. The premises shall serve food to patrons during all hours the establishment is open
for customers.
16. The premises shall maintain a kitchen or food-serving area in which a variety of food
is prepared and cooked on the premises.
17. No expansion in number of seats, occupancy, intensity of operation, or outdoor
areas shall occur without prior approval from the Planning Commission, or City
Council on appeal and State ABC.
18. Seating arrangements for sit-down patrons shall not exceed: 164 seats in the Main
Hall; 30 seats in the Bar; 49 seats in the Dining Area; 28 seats in the Martini
Lounge; 34 seats in the Mezzanine; 145 seats in the North Hall; and 14 seats in
the sidewalk dining area, for a total of 464 seats for the entire premises. Total
building occupancy shall not exceed 500 persons. The Main Hall dance floor
shall not exceed 15’ by 22’ and the North Hall dance floor shall not exceed 15’ by
32’.
19. The owner/operator may rearrange furniture in the Main Hall provided: (a) the
maximum seating capacity, for all portions of the facility does not exceed 464
seats, (b) the total capacity for the entire premises, including employees does not
exceed 500 persons, and (c) the furniture does not block or restrict emergency
egress.
14. Permitted hours of operation shall be from 8 am to 2 am, seven days a week. No
"after hours" operations shall be permitted. Alcoholic beverages may be served
in the establishment only between the hours of 8:00 am and 1:45 a.m., seven
days a week. The owner/operator shall make sure all patrons have vacated the
premises, in a quiet and expeditious manner, no later than twenty minutes after
the establishment has closed (2:20 a.m.).
15. The sidewalk dining area may operate from 8:00 a.m. to 11:00 p.m., but no later
than the closing of the associated sit-down food service of the principal
restaurant use. Patrons shall not be seated after 10:45 p.m. Patrons are
allowed to remain in the sidewalk dining area until midnight to finish their meal.
Alcoholic beverages may be served only between the hours of 8:00 am and
11:30 p.m. with sit-down meal service. No alcohol shall be served after 11:30
p.m. and complete closure of the sidewalk dining area shall occur no later than
midnight.
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16. Dancing or live entertainment shall be permitted on the premises in the North
Hall, and Main Hall as shown on the project plans only. Dancing is limited to the
dance floor areas. No chairs or tables may be moved to accommodatelarger
dance areas.
17. The owner shall control noisy patrons leaving the restaurant.
18. Take out service shall be only incidental to the primary sit-down use.
19. No alcoholic beverage shall be sold for consumption beyond the premises.
20. An updated security plan shall be submitted to the Chief of Police for review and
approval. The plan shall address both physical and operational security issues.
The approved plan shall be implemented prior to commencement of operations
under this permit.
21. The operator shall submit an updated 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 the City with an annual report regarding
compliance with this condition. This project shall be subject to any future City-
wide alcohol awareness training program condition affecting similar
establishments.
22. The operator shall submit an updated plan describing the establishment's
designated driver program, which shall be offered by the operator to the
establishment's patrons. The plan shall specify how the operator will inform
patrons of the program, such as offering on the menu a free non-alcoholic drink
for every party of two or more ordering alcoholic beverages.
23. Minor amendments to the plans shall be subject to approval by the Director of
Planning and Community Development. An increase in occupancy or 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 Planning Commission, or City Council if appealed and State
ABC.
24. Except for special events, alcohol shall not be served in any disposable container
such as disposable plastic or paper cups.
54
25. No more than three video or other amusement games shall be permitted on the
premises.
26. A cover charge may be charged for entrance to Gotham Hall after 8:00 p.m.,
except no cover may be charged for patrons to receive service in the sidewalk
dining area or the front restaurant dining area.
27. The project shall at all times comply with the provisions of the Noise Ordinance
(SMMC Chapter 4.12).
28. 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 California Department of Alcoholic
Beverage Control (ABC).
29. This permit shall expire one year from the effective date of approval unless
required ABC permits are obtained. One six month extension of the one year
period may be permitted if approved by the Director of Planning and Community
Development. An extension may not be granted if development standards
relevant to the project have changed since project approval.
30. Applicant is on notice that all temporary signage is subject to the restrictions of
the City’s Sign Ordinance.
34. The second floor facilities at 1429 and 1431 Third Street Promenade, the North
and South Halls, which are the subject of this approval, are considered as one
premises for purposes of this approval. Access between these spaces shall be
maintained; no permanent separation between the spaces shall be permitted
unless otherwise approved by the Planning Commission.
35. No outside promoter shall be permitted to rent or lease the premises. No event
held at the establishment shall be advertised under another name. All private
parties shall be operated through the owner with the owner directly responsible
for all aspects of the event. This restriction does not preclude the owner from in-
house business promotions, such as 70’s night, rock and roll night at Gotham,
etc., provided prior ARB approval is obtained for any signs or promotional items
visible from the building’s exterior.
36. No lines shall be permitted to form outside the building either on the alley side or
the Third Street Promenade side of the building for patrons waiting to enter the
establishment with the exception of any line formed to allow nightclub personnel
to check patron identification. Any such line shall not extend beyond the
sidewalk dining area. If the nightclub is at maximum capacity, patrons shall be
turned away until entry is possible; otherwise, all patrons for the nightclub shall
55
be permitted to enter the building. The applicant shall provide a waiting list or
other appropriate system to control patrons who are waiting to enter the
establishment when the nightclub is at maximum capacity.
37. Except for the Mezzanine, the use of portable bars shall not be permitted.
38. The applicant shall submit detailed plans for the design materials and colors of
the sidewalk dining enclosure to the Architectural Review Board for approval.
The applicant shall also obtain and maintain the requisite Third Street
Promenade Outdoor Dining permits from the Environment Public Works
Management Department.
39. The use of the sidewalk dining area shall be for sit-down meal service. No one
shall be served or allowed to consume food or beverage unless they are seated.
No alcoholic beverages shall be served except with meal service. Signage
stating: “Food Purchase is required in the outdoor dining area. No alcoholic
beverages shall be served in the outdoor dining area accept as part of meal
service.” shall be posted in the outdoor dining area and/or printed on the menu.
Sidewalk dining may operate the same hours authorized for Gotham Hall so long
as sit-down full meal service is always available, but no later than the closing of
the associated sit-down food service of the principal restaurant use. No alcohol
shall be served after 11:30 p.m. and all alcoholic beverages shall be removed
from the outdoor dining area no later than midnight. The design and placement of
tables and chairs shall not encroach or restrict emergency egress from the
building.
45. The owner/operator shall comply with all regulations that govern the
establishment and operation of sidewalk dining as set forth in the Third Street
Promenade Outdoor Dining Standards.
46. The owner/operator shall submit an annual report to the Transportation Planning
Manager detailing their efforts to educate patrons on alternative modes of
transportation and the location of parking facilities and efforts to secure prepaid
parking validation for City parking structures to mitigate potential noise from
patrons leaving the establishment and parking structures and to improve traffic
circulation. The first report shall be submitted six months after the effective date
of this CUP.
47. The Fire Department and Building and Safety Division shall inspect the building
and review building records and building egress for conformance with safety
standards pertaining to the proposed change in use/occupancy.
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VOTE
Ayes: Brown, Clarke, Dad, Johnson, O’Day, Pugh
Nays: None
Abstain:
None
Absent: Hopkins
NOTICE
If this is a final decision not subject to further appeal under the City of Santa Monica
Comprehensive Land Use and Zoning Ordinance, 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
1.16.010.
I hereby certify that this Statement of Official Action accurately reflects the final
determination of the Planning Commission of the City of Santa Monica.
_____________________________ _____________________________
Darrell Clarke, Vice-Chairperson Date
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
57
ATTACHMENT E
CUP 96-026 STATEMENT OF OFFICIAL ACTION
58
CITY OF SANTA MONICA
PLANNING COMMISSION
STATEMENT OF OFFICIAL
ACTION
PROJECT
CASE NUMBER: Conditional Use Permit 96-026
LOCATION: 1429-1431 Third Street Promenade
APPLICANT: Renee and Albert Mizrahi
CASE PLANNER: Susan Healy Keene, Associate Planner
REQUEST: Application for Conditional Use Permit to convert an existing
restaurant/bar/billiard hall with an approved Type-47 (On-Sale
General for Public Eating Place) alcohol license to a nightclub
with a 480 square foot dance floor and live music. The
proposed nightclub would have a total of 335 seats.
CEQA STATUS: Categorically exempt pursuant to Class 1 of the State CEQA
Guidelines in that the project involves the addition of a dance
floor and live music and as such is a minor interior modification
of an existing two-story commercial structure to accommodate
the conversion of the second floor from a
restaurant/bar/billiards hall to a nightclub.
PLANNING COMMISSION ACTION
5/28/97 Date.
XX Approved based on the following findings and subject to the conditions
59
below.
Denied.
Other.
EFFECTIVE DATE(S) OF ACTION(S) IF NOT APPEALED:
6/11/97
EXPIRATION DATE(S) OF ANY PERMITS GRANTED:
12/11/98 Conditional Use Permit 96-026
LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATE(S):
Any request for an extension of the expiration date must be received in the Planning and Zoning
Division prior to expiration of this permit.
One six-month extension Conditional Use Permit 96-026
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 a nightclub use is conditionally permitted in the BSC-1
District of the Zoning Ordinance and in the Bayside District Specific Plan.
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 permits nightclubs, and dancing and
music will be ancillary to the food service function of the establishment. Furthermore, the
general policies of the Bayside District Specific Plan include extension of the active period
of the Third Street Promenade into nighttime hours, stimulation of improved economic
activity on the Promenade and generation of new job and business opportunities for
community residents.
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 the present land use is commercial and the
proposed use is a nightclub with dancing and live music and is an expansion of the existing
alcohol license in conjunction with the restaurant/bar/billiards establishment.
60
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 permits a nightclub and that Bayside District Specific Plan Policy
4.1.6 encourages the development of entertainment and restaurant uses above the first
floor.
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.
7. Public access to the proposed use will be adequate, in that the subject property 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 the proposed nightclub will be
properly soundproofed and conditions prohibiting customers from gathering outside the
establishment will minimize potential impacts.
9. The proposed use is consistent with the goals, objectives, and policies of the General Plan,
in that Land Use Element Policy 1.3.1 of the General Plan encourages the construction of
a major entertainment uses in Downtown; and Land Use Element Policy 1.4.1 of the
General Plan encourages restaurant and other uses complimentary to retail along the
Third Street Promenade as key toward revitalization.
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 downtown as the focus of
the City.
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 no performance standard permit is required.
12. The proposed use will not result in an overconcentration of such uses in the immediate
vicinity, in that the proposed alcohol license will be for a nightclub use with the addition of
dancing and live music to an existing restaurant and in that the area is in the commercial
core of Santa Monica which is frequented by large numbers of local residents as well as
office workers, shoppers, and visitors from outside the City. Furthermore, this type of
outlet has not contributed significantly to alcohol related problems in the area.
ALCOHOL OUTLET FINDINGS
61
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 alcohol license will be for
a nightclub use with dancing and live music where there is an existing
restaurant/bar/billiards hall.
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, away from any
major residential uses and that the conditions of approval require that no outside promoter
be permitted to rent or lease the space and the public will not be permitted to gather
outside the establishment to wait for entry into the nightclub.
3. The proposed use will not contribute to an undue concentration of alcohol outlets in the
area in that the area is in the downtown core of Santa Monica which is frequented by large
numbers of local residents as well as office workers, shoppers, and visitors from outside the
area.
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 for approval,
such as the requirement that no outside promoters rent or lease the club and that no lines
are permitted to form outside the nightclub, will minimize the potential affect on the
residential uses in the vicinity.
5. The proposed use is compatible with existing and potential uses within the general area in
that a nightclub use in the existing restaurant/bar/billiards establishment located in the City's
commercial core is compatible with permitted uses and other existing dining and bar uses
in the area.
6. Traffic and parking congestion will not result from the proposed use in that 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 project is consistent
with the provisions of the Zoning Ordinance, the Third Street Mall Specific Plan and the
Land Use Element of the General Plan, which encourage entertainment and restaurant
uses to serve as a focal point in the downtown and expansion of the establishment's
nightclub element will be incidental to the existing restaurant, bar and billiard uses.
8. No harm to adjacent properties will result in that the conditions of approval will ensure that
the establishment operates in a manner which properties adjacent neighbors.
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.
62
CONDITIONS OF APPROVAL
Plans
1. This approval is for those plans dated 5/22/97, a copy of which shall be maintained in the
files of the Planning and Zoning Division. Project development shall be consistent with
such plans, except as otherwise specified in these conditions of approval.
2. 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.
3. 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.
Any changes in project plans must be approved by the Director of Planning and
Community Development.
4. Elevator access from the rear to the front of the establishment on the second floor shall
be through a public room of the establishment.
5. When any portion of the establishment is open to the public, the back room shall not be
used for private parties in order to ensure that the elevator located at the rear shall open
into a public area. Only in the event that the establishment is used exclusively for a
private party may the elevator open to the back room used for a private party.
6. A sign shall be posted at the front entrance on the Third Street Promenade and at the
alley which indicates that handicapped access and elevator is accessible from the rear alley
entrance. The extent of such signage shall be subject to the approval of the Director of
Planning and Community Development.
7. A maximum noise level limit of 95 dBA in the nightclub shall be established. The City
shall have the right to test noise levels at any time at any location in the nightclub and such
levels are not to exceed 95 dBA.
8. All windows of the nightclub shall remain closed during operating hours of the
establishment so as not to have adverse impacts on the neighboring residence or general
public.
9. Access to the ground floor corridor leading to the elevator shall have clear ingress and
egress and shall not be encumbered by storage or other elements at any time.
10. The rear entrance shall be a main entrance with amenities equivalent to the Promenade
fronting entrance. The exterior design of the rear entrance shall be revised so that the
visual appearance of this entrance is equivalent to the Promenade fronting entrance.
63
Redesign of the rear entrance shall be subject to approval by the Architectural Review
Board.
11. The ground floor kitchen expansion may not exceed 5% of the size of the establishment
(750 square feet) and must be located in the rear one third of the space. Zoning
Administrator approval of the configuration is required prior to building permit issuance.
Expansion beyond this limitation requires Planning Commission approval.
Architectural Review Board
12. Prior to consideration of the project by the Architectural Review Board, the applicant
shall review disabled access requirements with the Building and Safety Division and make
any necessary changes in the project design to achieve compliance with such
requirements. The Architectural Review Board, in its review, shall pay particular
attention to the aesthetic, landscaping, and setback impacts of any ramps or other features
necessitated by accessibility requirements.
13. Construction period signage shall be subject to the approval of the Architectural Review
Board.
14. Plans for final design, landscaping, screening, trash enclosures, and signage shall be
subject to review and approval by the Architectural Review Board.
15. The Architectural Review Board, in its review, shall pay particular attention to the
project's pedestrian orientation and amenities; scale and articulation of design elements;
exterior colors, textures and materials; window treatment; glazing; and landscaping.
16. Refuse areas, storage areas and mechanical equipment shall screened in accordance with
SMMC Section 9.04.10.02.130-90.04.10.02.150. Refuse areas shall be of a size adequate
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. Any rooftop
mechanical equipment shall be minimized in height and area, and shall be located in such
a way as to minimize noise and visual impacts to surrounding properties. Unless
otherwise approved by the Architectural Review Board, rooftop mechanical equipment
shall be located at least five feet from the edge of the roof.
Construction
17. Unless otherwise approved by the Department of Environmental and Public Works
Management, all sidewalks shall be kept clear and passable during the grading and con-
struction phase of the project.
18. Sidewalks, curbs, gutters, paving and driveways which need replacing or removal as a
result of the project as determined by the Department of Environmental and Public
Works Management shall be reconstructed to the satisfaction of the Department of
64
Environmental and Public Works Management. Approval for this work shall be obtained
from the Department of Environmental and Public Works Management prior to issuance
of the building permits.
19. Vehicles hauling dirt or other construction debris from the site shall cover any open load
with a tarpaulin or other secure covering to minimize dust emissions.
20. Street trees shall be maintained, relocated or provided as required in a manner consistent
with the City's Tree Code (Ord. 1242 CCS), per the specifications of the Department of
Community and Cultural Services and the Department of Environmental and Public
Works Management. No street tree shall be removed without the approval of the
Department of Community and Cultural Services.
21. A construction period mitigation plan shall be prepared by the applicant for approval by
the Department of Environmental and Public Works Management prior to issuance of a
building permit. The approved mitigation plan shall be posted on the site for the
duration of the project construction and shall be produced upon request. As applicable,
this plan shall 1) Specify the names, addresses, telephone numbers and business license
numbers of all contractors and subcontractors as well as the developer and architect; 2)
Describe how demolition of any existing structures is to be accomplished; 3) Indicate
where any cranes are to be located for erection/construction; 4) Describe how much of
the public street, alleyway, or sidewalk is proposed to be used in conjunction with con-
struction; 5) Set forth the extent and nature of any pile-driving operations; 6) Describe
the length and number of any tiebacks which must extend under the property of other
persons; 7) Specify the nature and extent of any dewatering and its effect on any adjacent
buildings; 8) Describe anticipated construction-related truck routes, number of truck
trips, hours of hauling and parking location; 9) Specify the nature and extent of any
helicopter hauling; 10) State whether any construction activity beyond normally permitted
hours is proposed; 11) Describe any proposed construction noise mitigation measures;
12) Describe construction-period security measures including any fencing, lighting, and
security personnel; 13)Provide a drainage plan; 14) Provide a construction-period
parking plan which shall minimize use of public streets for parking; 15) List a designated
on-site construction manager.
22. A sign shall be posted on the property in a manner consistent 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.
23. A copy of these conditions shall be posted in an easily visible and accessible location at all
times during construction at the project site. The pages shall be laminated or otherwise
protected to ensure durability of the copy.
Environmental Mitigation
65
24. 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.)
25. To mitigate solid waste impacts, prior to issuance of a Certificate of Occupancy, project
owner shall submit a recycling plan to the Department of Environmental and Public
Works Management for its approval. The recycling plan shall include 1) list of materials
such as white paper, computer paper, metal cans, and glass to be recycled; 2) location of
recycling bins; 3) designated recycling coordinator; 4) nature and extent of internal and
external pick-up service; 5) pick-up schedule; 6) plan to inform tenants/occupants of
service.
Miscellaneous Conditions
26. The building address shall be painted on the roof of the building and shall measure four
feet by eight feet (32 square feet).
27. 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 Management.
28. Prior to final inspection, the applicant shall modify the alley facade with approved signage
as per ARB 95-059.
Validity of Permits
29. 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.
30. 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.
31. 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 one year from the permit's effective date, unless, in the case of
new development, a building permit has been obtained, or in the case of a change of use,
66
a business license has been issued and the use is in operation prior to the permit
expiration date. One three month extension of the one year period 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 become more restrictive since project approval.
32. Within thirty (30) days after final approval of the project, a sign shall be posted on site
stating the date and nature of the approval. The sign shall be posted in accordance with
the Zoning Administrator guidelines and shall remain in place until a building permit is
issued for the project. The sign shall be removed promptly when a building permit is
issued for the project or upon expiration of the Conditional Use Permit.
33. 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.
34. Mechanical equipment shall not be located on the side of any building which is adjacent
to a residential building on the adjoining lot. Roof locations may be used when the
mechanical equipment is installed within a soundrated parapet enclosure.
35. Final approval of any mechanical equipment installation will require a noise test in
compliance with SMMC Section 4.12.040. Equipment for the test shall be provided by
the owner or contractor and the test shall be conducted by the owner or contractor. A
copy of the noise test results on mechanical equipment shall be submitted to the
Community Noise Officer for review to ensure that noise levels do not exceed maximum
allowable levels for the applicable noise zone.
36. Final building plans submitted for approval of a building permit shall include on the plans
a list of all permanent mechanical equipment to be placed outdoors and all permanent
mechanical equipment to be placed indoors which may be heard outdoors.
37. The conditions of this approval shall supersede all previous approvals on this property
including CUP 90-015, CUP 92-014, and CUP 94-022.
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 establishment 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.
67
5. Signs shall be posted in conspicuous locations advising patrons that alcoholic beverages
shall not be sold unless proper identification is displayed.
6. The use of the premises for sit-down meal service to patrons shall be maintained as a
major component of the project.
7. 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.
8. Alcoholic beverages may be served only between the hours of 10:00 am and 2:00 a.m.,
seven days a week.
9. Customers shall be permitted to order meals at the bar at all times the premises is open
for business.
10. Dancing or live entertainment shall be permitted on the premises in the 1429 Third
Street Promenade space only. Dancing is limited to the dance floor area. No chairs or
tables may be moved to accommodate a larger live entertainment or dance area.
11. The owner shall control noisy patrons leaving the restaurant.
12. 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 a total of 335 seats for both
the 1429 and 1431 Third Street Promenade spaces. Bar seating shall not exceed 39 fixed
bar seats; restaurant seating shall not exceed 101 seats, club area bar stools shall not
exceed 129 seats and incidental lounge seating shall not exceed 66.
15. 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. A maximum of seven seats shall be permitted at Bar #3 at the rear of the back room of
1431 Third Street Promenade and a maximum of 10 seats shall be permitted at Bar #2
along the north wall of the 1429 Third Street Promenade space.
18. Permitted hours of operation shall be 10 am to 2 am, seven days a week. No "after hours"
operations shall be permitted.
68
19. Prior to final inspection for 1429 3rd Street Promenade, a security plan shall be submitted
to the Chief of Police for review and approval. The plan shall address both physical and
operational security issues.
20. Prior to final inspection for 1429 3rd Street Promenade, the operator shall submit a 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 the City with an annual report regarding
compliance with this condition. This project shall be subject to any future City-wide
alcohol awareness training program condition affecting similar establishments.
21. Prior to final inspection for 1429 3rd Street Promenade, the operator shall also submit a
plan describing the establishment's designated driver program, which shall be offered by
the operator to the establishment's patrons. The plan shall specify how the operator will
inform patrons of the program, such as offering on the menu a free non-alcoholic drink
for every party of two or more ordering alcoholic beverages.
22. 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.
23. Except for special events, alcohol shall not be served in any disposable container such as
disposable plastic or paper cups.
24. No more than three video or other amusement games shall be permitted on the premises.
25. Any minimum purchase requirement may be satisfied by the purchase of beverages or
food.
26. The project shall at all times comply with the provisions of the Noise Ordinance (SMMC
Chapter 4.12).
27. 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.
28. This permit shall expire one year from the effective date of approval unless required ABC
permits are obtained. One ninety (90) day extension of the one year period may be
69
permitted if approved by the Director of Planning and Community Development that an
extension may not be granted if development standards relevant to the project have
changed since project approval.
29. Applicant is on notice that all temporary signage is subject to the restrictions of the City
sign ordinance.
30. Any new restaurant at the site with fewer than 50 seats capacity shall install a grease
interceptor with 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 modifications are granted, grease traps will be required in the place of
an interceptor. Building Permit plans shall show the required installation.
31. The second floor facilities at 1429 and 1431 Third Street Promenade, which are the
subject of this approval, are considered as one premises for purposes of this approval.
Access between these spaces shall be maintained; no permanent separation between the
spaces shall be permitted unless otherwise approved by the Planning Commission.
32. No outside promoter shall be permitted to rent or lease the premises. No event held at
the establishment shall be advertised under another name. All private parties shall be
operated through the owner.
33. No lines shall be permitted to form outside the building either on the alley side or the
Third Street Promenade side of the building for patrons waiting to enter the
establishment with the exception of any line formed to allow nightclub personnel to check
patron identification. If the nightclub is at maximum capacity, patrons shall be turned
away until entry is possible; otherwise, all patrons for the nightclub shall be permitted to
enter the building. The applicant shall provide a waiting list or other appropriate system
to control patrons who are waiting to enter the establishment when the nightclub is at
maximum capacity.
34. The operator shall not remove or rearrange any seats or tables to increase the occupancy
of the premises.
35. Glass containers shall not be permitted on the dance floor.
36. If the Director of Planning and Community Development determines that any of the
conditions of this approval have been violated, this Conditional Use Permit shall be
remanded to the Planning Commission for review.
37. The use of portable bars shall not be permitted.
70
VOTE
Ayes: Bradley, Breisch, Gruber, Moench, Zinner, Parlee
Nays: None
Abstain: None
Absent: Weremiuk
NOTICE
If this is a final decision not subject to further appeal under the City of Santa Monica
Comprehensive Land Use and Zoning Ordinance, 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 1.16.010.
I hereby certify that this Statement of Official Action accurately reflects the final determination of
the Planning Commission of the City of Santa Monica.
signature date
Eric Parlee, Chairperson
71
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
F:\PLAN\SHARE\PC\STOAS\CUP96026.WPD
rev: 9/95
72
ATTACHMENT F
RECOMMENDATION OF THE POLICE DEPARTMENT
Electronic version of attachment is not available for review. Document is available for
review at the City Clerk’s Office.
73
ATTACHMENT G
CORRESPONDENCE
Electronic version of attachment is not available for review. Document is available for
review at the City Clerk’s Office.
74
ATTACHMENT H
PHOTOGRAPHS OF SITE AND SURROUNDING PROPERTIES
Electronic version of attachment is not available for review. Document is available for
review at the City Clerk’s Office.
75
ATTACHMENT I
SITE PLAN, FLOOR PLANS & ELEVATIONS
Electronic version of attachment is not available for review. Document is available for
review at the City Clerk’s Office.
76
Page 36: [1] Deleted Bruce_Leach 7/28/2004 5:43:00 PM
Refuse areas, storage areas and mechanical equipment shall screened in
accordance with SMMC Section 9.04.10.02.130-90.04.10.02.150.
Refuse areas shall be of a size adequate to meet on-site need, including
recycling. The Architectural Review Board in its review shall pay particu-
lar attention to the screening of such areas and equipment. Any rooftop
mechanical equipment shall be minimized in height and area, and shall
be located in such a way as to minimize noise and visual impacts to
surrounding properties. Unless otherwise approved by the Architectural
Review Board, rooftop mechanical equipment shall be located at least
five feet from the edge of the roof.
Construction
18. Unless otherwise approved by the Department of Environmental and
Public Works Management, all sidewalks shall be kept clear and
passable during the grading and construction phase of the project.
19. Sidewalks, curbs, gutters, paving and driveways which need replacing or
removal as a result of the project as determined by the Department of
Environmental and Public Works Management shall be reconstructed to
the satisfaction of the Department of Environmental and Public Works
Management. Approval for this work shall be obtained from the
Department of Environmental and Public Works Management prior to
issuance of the building permits.
20. Vehicles hauling dirt or other construction debris from the site shall cover
any open load with a tarpaulin or other secure covering to minimize dust
emissions.
21. Street trees shall be maintained, relocated or provided as required in a
manner consistent with the City's Tree Code (Ord. 1242 CCS), per the
specifications of the Department of Community and Cultural Services and
the Department of Environmental and Public Works Management. No
street tree shall be removed without the approval of the Department of
Community and Cultural Services.
22. A construction period mitigation plan shall be prepared by the applicant
for approval by the Department of Environmental and Public Works
Management prior to issuance of a building permit. The approved
mitigation plan shall be posted on the site for the duration of the project
construction and shall be produced upon request. As applicable, this
plan shall 1) Specify the names, addresses, telephone numbers and
business license numbers of all contractors and subcontractors as well
as the developer and architect; 2) Describe how demolition of any
existing structures is to be accomplished; 3) Indicate where any cranes
are to be located for erection/construction; 4) Describe how much of the
public street, alleyway, or sidewalk is proposed to be used in conjunction
with construction; 5) Set forth the extent and nature of any pile-driving
operations; 6) Describe the length and number of any tiebacks which
must extend under the property of other persons; 7) Specify the nature
and extent of any dewatering and its effect on any adjacent buildings; 8)
Describe anticipated construction-related truck routes, number of truck
trips, hours of hauling and parking location; 9) Specify the nature and
extent of any helicopter hauling; 10) State whether any construction
activity beyond normally permitted hours is proposed; 11) Describe any
proposed construction noise mitigation measures; 12) Describe
construction-period security measures including any fencing, lighting, and
security personnel; 13)Provide a drainage plan; 14) Provide a
construction-period parking plan which shall minimize use of public
streets for parking; 15) List a designated on-site construction manager.
23. A sign shall be posted on the property in a manner consistent with the
public hearing sign requirements which shall identify the address and
phone number of the owner and/or applicant for the purposes of respond-
ing to questions and complaints during the construction period. Said sign
shall also indicate the hours of permissible construction work.
24. A copy of these conditions shall be posted in an easily visible and
accessible location at all times during construction at the project site.
The pages shall be laminated or otherwise protected to ensure durability
of the copy.