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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: 1 ? 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 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 2 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 3 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 4 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. 5 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 6 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: 7 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. 8 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 9 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 10 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. 11 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. 12 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. 13 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 14 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. 15 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. 16 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 17 H. Photographs of Site and Surrounding Properties I. Site Plan, Floor Plans & Elevations 18 ATTACHMENT A NOTICE OF PUBLIC HEARING 19 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 20 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 21 ATTACHMENT B APPEAL STATEMENT Electronic version of attachment is not available for review. Document is available for review at the City Clerk’s Office. 22 ATTACHMENT C COPY OF 9/1/04 PLANNING COMMISSION STAFF REPORT 23 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’) 24 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 25 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 26 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 27 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 28 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. 29 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 30 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. 31 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. 32 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. 33 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. 51 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. 52 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. 53 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. 56 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.