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SR-402-001 (52) i.D FEB 8 2005 PCD: S F :AS: J L: BL f: \pcd\cityplan n i ng\share\Cou ncil\STOAS\04 \04app009gotham. doc Council Mtg: February 8, 2005 Santa Monica, California TO: Mayor and City Council FROM: City Staff SUBJECT: Certification of the Statement of Official Action for Appeal 04-009 of the Planning Commission's Determination Approving Conditional Use Permit 04-005. Project Address: 1429-1431 Third Street Promenade. Applicant/Appellant: Renee & Albert Mizrahi INTRODUCTION This staff report transmits for City Council certification the Statement of Official Action for Appeal 04-009 of the Planning Commission's Determination Approving Conditional Use Permit 04-005 for a pool hall, restaurant, nightclub located at 1429-1431 Third Street Promenade. On November 23, 2004, the City Council upheld the Planning Commission's approval of Conditional Use Permit (CUP) 04-005, but modified Alcohol Outlet Condition 12, to allow up to 602 persons in the nightclub/restaurant. The City Council's decision was based upon the findings contained in the attached Statement of Official Action. 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 approve the attached Statement of Official Action. 1V 1 fEB 8 2005 Prepared by: Suzanne Frick, Director Amanda Schachter, Planning Manager Jonathan Lait, AICP, Acting Principal Planner Bruce Leach, Associate Planner Planning and Community Development Department Attachment: Statement of Official Action 2 e ~ -J CITY OF SANTA MONICA CITY COUNCIL City of Santa Monica" STATEMENT OF OFFICIAL ACTION PROJECT CASE NUMBER: APPEAL 04-009 [CUP 04-005] LOCATION: 1429-1431 Third Street Promenade APPLICANT: Renee & Albert Mizrahi APPELLANT: Renee & Albert Mizrahi PROPERTY OWNER: Albert Mizrahi CASE PLANNER: Bruce Leach, Associate Planner REQUEST: Appeal of the Planning Commission's Determination Approving Conditional Use Permit 04-005, Including Alcohol Outlet Condition 12, Limiting Occupancy of the Second Floor Nightclub and Restaurant. CEQA STATUS: The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 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. CITY COUNCIL ACTION November 23,2004 Date. Approved based on the following findings and subject to the conditions below. X Appeal Denied, Conditional Use Permit 04-005 approved based on the following findings and subject to the revised conditions below. Other. EFFECTIVE DATE OF ACTION: November 23,2004 EXPIRATION DATE OF ANY PERMIT GRANTED: November 23, 2005 LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATES: Six Months Each and all of the findings and determi nations 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. 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. 2 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. 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. 3 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/bill iards 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 4 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 fagade 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 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. 5 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 fayade shall be painted and maintained. If the exterior design of the promenade front fac;ade 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 fac;ade are considered by the Architectural Review Board. Architectural Review Board 12. Plans for any fac;ade 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 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 6 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. GUP04-005 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. 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 7 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. 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. 8 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, except as specified in Alcohol Outlet Condition 12, 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 dance floor areas. No chairs or tables may be moved to accommodate larger dance areas. 9 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 besu bmitted 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. 10 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 th~t 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 11 Promenade Outdoor Dining permits from the Environment Public Works Management Department. 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. VOTE Ayes: Nays: Abstain: Absent: Feinstein, Genser, Holbrook, Katz, McKeown, O'Connor, and Bloom NOTICE If this is a final decision not subject to further appeal under the City of Santa Monica Comprehensive and Zoning Ordinance, the time within which judicial review of this 12 decision must be sought is governed by Code of Civil Procedures 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 City Council of the City of Santa Monica. ""\~. · 2\ '~&fv''''....T MARIA M . STEWART, ity Clerk J=;. ~.. _U?>- '1L Loo~ Date Acknowledqement bv Permit Holder I agree to the above conditions of approval and acknowledge that failure to comply with any and all conditions shall constitute grounds for potential revocation of the permit approval. Signature Print Name Here Date Print name here Drivers License Number F:\pcd\CityPlanning\Share\CounciI\STOAS\04\04app 009 Gotham.doc 13