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SR-402-004 (2) PCD:SF:JT:AS:JL:f:\plan\share\pc\strpt\99cup045 Santa Monica, California Planning Commission Mtg: May 17, 2000 TO: The Honorable Planning Commission FROM: Planning Staff SUBJECT: Conditional Use Permit 99-045 Address: 814 Broadway, Club Sugar Applicant: Suite Events, LLC Property Owner: Kayvan Naimi INTRODUCTION Action: Application for a Conditional Use Permit to the allow the issuance of a Type 48 (On-Sale General Public Places) alcohol license for an existing legal non-conforming establishment that is currently operating as a nightclub with a Type 42 (On-Sale Beer and Wine Public Premises) alcohol license. Recommendation: Approve with conditions. Permit Streamlining Act: June 10, 2000, including extension. SITE LOCATION AND DESCRIPTION The subject property is a 7,500 square foot parcel located on the south side of Broadway between Lincoln Boulevard and Lincoln Court having a frontage on Lincoln Boulevard of 50 feet. The parcel is developed with one building constructed to the property lines and contains three tenant spaces; the subject nightclub, located nearest the corner of Lincoln Court and Broadway; a vacant tenant space, formerly a restaurant; and, a restaurant (Swinger’s) fronting on Lincoln Boulevard. Surrounding properties consist of a fabric store and deli to the south, a grocery store and general retail to the west across Lincoln Boulevard, an automobile dealership across Broadway; and, general retail across the alley to the east. Properties to the north, south and west are similarly zoned C4 (Highway Commercial) and properties to the east are zoned BCD (Broadway Commercial District). Residentially zoned properties (R3 – Medium Density Multiple Family Residential) are located approximately 100 feet from the subject property. Zoning District: C4 Highway Commercial Land Use District: General Commercial With Service/Specialty Parcel Area: 7,500 square feet (50’ x 150’) 1 PROJECT DESCRIPTION The applicant requests approval to upgrade the existing Type 42 alcohol license to a Type 48 alcohol license, which would permit the sale of liquor, beer and wine for on-site consumption. The existing nightclub is a legal non-conforming use that was established prior to current regulations that require a Conditional Use Permit for nightclubs. The business contains approximately 3,000 square feet of floor area that includes a 1,100 square foot dance floor, 264 square foot bar and 200 square feet of fixed seating area. The remainder of the area is devoted to general circulation, office, support and restrooms. The existing establishment does not have restrictions regarding the hours or days of operation, nor is it subject to the standard operating conditions the City typically imposes on other alcohol-related establishments. The applicant’s request for the alcohol license upgrade, if approved, would enable the City to implement standard conditions of approval and special conditions as necessary to mitigate impacts related to the upgraded alcohol license. If denied, or if the applicant elects not to implement the entitlements of the Conditional Use Permit, the business may be continued as a legal non-conforming use, until such time that use is abandoned for more than one year. MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE The proposed project is consistent with the Municipal Code and is in conformity with the General Plan as shown on Attachment A. HISTORIC RESOURCES INVENTORY STATUS The subject parcel and existing improvements, which was constructed in 1924, is not located on the City’s Historic Resources Inventory. CEQA STATUS The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Class 1, Section 15301 of the State Implementation Guidelines in that the request to upgrade the existing alcohol license to allow on-site consumption of liquor represents a minor alteration to the operation of an existing private structure. RENT CONTROL STATUS Commercial Exemption. FEES The project is not subject to any special fees. 2 PUBLIC NOTIFICATION Pursuant to Municipal Code Section 9.04.20.20.080, within 30 days after the subject application was deemed complete, the applicant posted a sign on the property stating the following information: Project case number, brief project description, name and telephone number of applicant, site address, date, time and location of the public hearing, and the City Planning Division phone number. It is the applicant's responsibility to update the hearing date if it is changed after posting. In addition, pursuant to Municipal Code Section 9.04.20.22.050, notice of the public hearing was 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. Notice of the public hearing was also sent to all individuals who had requested notification, the public library, all neighborhood groups, the Chamber of Commerce, published in the Our Times section of The Los Angeles Times and posted on the Department’s Internet web page. A copy of the notice is provided as Attachment B. ANALYSIS Background In 1964 the State Department of Alcoholic Beverage Control (ABC) issued a Type 40 (beer only) alcohol license for what appears to have been a neighborhood bar. Over the course of 11 years, the alcohol license associated with the site was transferred five times. In 1975, the ABC approved an application to upgrade the alcohol license to a Type 42 (beer and wine) license. The upgrade was not subject to local discretionary approval until 1984 when the City enacted the conditional use permit requirement for alcohol outlets. In the ten years following the issuance of the Type 42 alcohol license, entertainment in the form of music and dancing was introduced at the subject property. Since this nightclub-related activity was established prior to municipal regulations regarding nightclubs, and given that similar alcohol serving establishments continued to operate at the location, the City, by the regulations governing non-conforming uses, approved an Alcohol Exemption and Alcohol Outlet Determination in August 1985, which allowed the establishment of Kingston 12. This establishment remained in business for 13 years until 1998. During this time, the Police Department received numerous calls for service for a variety of complaints. The most common complaint was for disturbing the peace. In November 1992, the proprietor of Kingston 12 submitted a Conditional Use Permit application to upgrade the existing alcohol license to a Type 48 license. The Planning Commission denied the application, a decision that was upheld by the City Council following the applicant’s appeal. The project was denied based on the concern that the upgraded alcohol license would further exacerbate problems associated with the business including increased noise and disturbance, parking and traffic congestion, and 3 security problems. Sometime following the Planning Commission’s action, staff learned that an interior connection was created between Kingston 12 and the adjacent restaurant space providing food service to patrons of the nightclub. As the food component was never permitted, enforcement efforts to re-establish the demising wall between the two tenant spaces were initiated. In 1998, a new proprietor received title to the Type 42 alcohol license and submitted plans to restore the tenant space to its original size. On May 13, 1998, the City approved an Alcohol Determination that permitted the establishment of Club Sugar. Approval was granted because the applicant retained the existing retail alcohol license and did not substantially change the mode or character of operation. Tenant improvements were permitted in 1998 that resulted in the floor plan design that is included with this report (Attachment I). The applicant filed the subject Conditional Use Permit application on November 11, 1999. Since Club Sugar opened for business, the Police Department has received numerous calls for service for noise- related disturbances from and around the establishment. Neighborhood Compatibility No churches, no schools, seven alcohol outlets and approximately 630 residents, according to the 1990 census, are located within a 500 foot radius of the project site. The distribution and license type are provided in the following table: Establishment Address Alcohol License Vons 714 Broadway Type 21 Swingers 802 Broadway Type 41 Club Sugar 814 Broadway Type 42 Albertsons 1411 Lincoln Blvd. Type 21 Warszawa Restaurant 1414 Lincoln Blvd. Type 47 Bay Cities Deli 1517 Lincoln Blvd. Type 21 Denny’s Restaurant 1560 Lincoln Blvd. Type 41 Parking and Circulation No off-street parking is available at the subject property due to the location of the existing structure. As a result the site is non-conforming with respect to parking. Although no parking is required by Code for the proposed application, staff is concerned that the lack of a regulated parking program contributes to many of the concerns expressed by residents and property owners nearest the club. Such complaints include disturbances related to club patrons starting their vehicles, closing car doors and noisily exiting the nightclub. Valet parking is provided by the applicant, though the availability of the service, cost, and ease of parking at adjacent lots and residential streets may deter some patrons from using valet parking. Based on the application material, the proprietor of Club Sugar appears to maintain a cooperative relationship with the property owner of 820 4 Broadway, located east across the alley. Presently, that site includes 38 parking spaces. A parking lot is also located on the property directly south of the nightclub. This parcel, held in common ownership with the subject site, provides at most 12, non- standard parking spaces. An effective valet parking program would likely reduce the incidence of noisy patrons going to their vehicles and minimize vehicle-related noise disturbances. Staff is concerned that such disturbances would increase as a result of the upgraded alcohol license since the introduction of liquor would attract more customers to the nightclub. For this reason, staff has included a condition that requires a valet parking service be provided at all times during the club’s operation. To encourage the use of the valet parking program, staff recommends the service be provided free of charge to club patrons. Police Department Comments and Code Enforcement The Police Department maintains a significant documented history of calls for service to the subject property. The Police have consistently responded to complaints regarding noise and other disturbances at the site almost every weekend since the club opened in November 1998. During that time, less than 12 visits resulted in the preparation of a th police report. Most of the calls are generated from one nearby resident located on 9 Street, though more neighbors have recently become more involved and concerned about the activity at Club Sugar. The majority of the complaints the City has received are for disturbing the peace. Since March 1999, the City has been actively inspecting the subject property for violations of the Noise Ordinance. Although data received from several measurements taken at the site did not reveal a violation of the City’s Noise Ordinance, the City continued to receive noise complaints. In May 1999, the business owner was advised that the City Attorney’s Office was investigating noise complaints regarding the subject nightclub. Later in May, the applicant met with the City Attorney to discuss the operational conditions of the business. At that time, the owner indicated that the club was only in operation on Friday and Saturday nights and that security personnel had been employed to control activity outside the club. Still later that month, the owner retained a sound consultant to evaluate noise generated from the subject business. A report documenting the results of that study was not provided at the time this report was prepared. Residents in the area have noticed that the club operation is not limited to Friday and Saturday nights, but typically is open on Thursday and Sunday as well. On March 3, 2000, the Police Department prepared a memorandum regarding the subject application, which includes recommended conditions to minimize the impacts associated with the nightclub to the surrounding neighborhood. The document is included with this report as Attachment C. Without proper conditions, the Police Department believes disturbances associated with the site are likely to increase with the expanded entitlements permitting liquor sales. Staff maintains that many of the operational restrictions suggested by Police Department would reduce the frequency of calls for service currently received and anticipated with the proposed application. Specifically, conditions numbered 19, 23-24, 28-35, related to uniform security guards, 5 inspections, refuse collection, litter and standard alcohol dispensing conditions, will serve to mitigate the anticipated impacts related to the upgraded alcohol license. Such impacts include increased customer patronage, increased incidents of intoxication and greater need for refuse disposal as a result of the additional availability, variety and sales of distilled spirits. Noise Noise associated with the nightclub operation has been the most commonly reported disturbance, particularly low frequency bass noise and vibration. Other noises reported by the surrounding residents include incidence of loud music, noisy patrons and related vehicle noise (car doors, engines being started). The proprietor of the establishment sent a letter to the City that identified sound mitigating measures that have been implemented to reduce noise impacts to the surrounding neighborhood. Although some of the measures are operational in nature, such as monitoring the volume control level and discouraging loitering, others resulted in physical improvements. To evaluate those improvements and verify correct implementation of the voluntary sound mitigating measures, the City asked its noise consultant to inspect the premises and to conduct field measurements assessing the noise condition at the nightclub and surrounding residential area. Results from the analysis and a comparative evaluation to the City’s Noise Ordinance is detailed in a report dated April 7, 2000 (Attachment D). The findings of the study are generally consistent with the sound mitigating measures employed by the applicant. The City’s consultant recommends two additional measures to reduce noise emanating from the skylights and correcting an improperly hung door. Most of the applicant’s attempts to reduce noise resulted in a fair degree of improvement; however, the analysis also suggests that additional improvements could be incorporated that would further reduce perceptible noise generated by the nightclub use (see page 4 and 5 of Attachment D). According to the consultant, field measurements taken at the site and surrounding residential areas did not reveal conclusive evidence that the nightclub violated permitted noise thresholds established in the Noise Ordinance. There were, however, four occasions where the noise level was exceeded. The consultant attributes these variations to traffic conditions and to the nightclub valet parking operation (page 7 of Attachment D). The building was described as having an acoustically good wall and door system, but an acoustically weak roof. The building, with the existing sound mitigating measures, had minimal noise reduction in the low frequency range compared to noise reduction in the middle and high frequency ranges. While inspecting the roof conditions during one test, the consultant perceived noise emanating from the roof but suggests that it was not significant enough to impact nearby residential uses. Nevertheless, some degree of noise does extend beyond the site boundaries which, based on the noise study, ranges from barely audible to definitely apparent, but not 6 louder than nearby traffic. Consistent with complaints the City has received, the bass beat of the music was most audible and would clearly remain audible under conditions that boosted low bass output (page 6 of Attachment D). Although the characteristic sound of the bass beat in music may not result in a violation of the Noise Ordinance, the City continues to receive complaints citing that noise as a constant disturbance. Staff is concerned that if this condition is not appropriately remedied, there will be little accomplished to restore a more compatible relationship between the existing residential and nightclub land uses. Staff is further concerned that the noise problem would be exacerbated with the upgraded alcohol license because of the anticipated increase in customer patronage and subsequent increases to music and other noises associated with more customers including additional alcohol consumption and nighttime activity. A site inspection of the premises revealed that no insulation or inside ceiling was present in the building. The result of this condition is that the roof’s sound absorbing qualities are substantially reduced. Further, the existing rooftop ductwork also contributes to some of the noise escaping from the building. To improve the sound absorbing quality of the roof and duct system, the consultant suggests installing insulation and a (two-layer) gypsum ceiling mounted with resilient clips and re-routing the existing ductwork between the roof and ceiling. It is anticipated that the incorporation of this condition will significantly reduce the bass transmissions emanating from the nightclub and therefore substantially reduce the frequency of disturbances experienced by nearby residents. Unless appropriated regulated, the granting of additional alcohol entitlements would further exacerbate the problems already experienced by the surrounding residents. Conditions of Approval To effectively regulate the proposed project and ensure a compatible relationship between the nightclub and neighboring uses, staff has recommended several conditions of approval. The majority of the conditions are standard regulations that the City typically applies to alcohol-related uses and upgrades. Those conditions that are unique to this project have been applied to address the potential impacts that are directly associated with the Type 48 alcohol license upgrade. Specifically, the availability of a more diverse selection of alcohol will result in an increase of customers to the site and similarly increase the activity in the area and the frequency of noise-related and operation-related disturbances currently experienced by surrounding land uses. Further, approval of the Type 48 alcohol license will have the potential to extend the life of the nightclub operation that would prolong and exacerbate impacts currently experienced and anticipated as a result of the new alcohol license. To mitigate such impacts, conditions have been recommended that ensure the nightclub is in compliance with the Noise Ordinance, requires physical sound mitigating improvements to the roof and some doors, restricts the hours of operation and other operational conditions to control patrons and minimize intrusions into the adjacent residential areas. 7 Conclusion This application provides an opportunity to promote greater compatibility between the residential and commercial land uses while ensuring that anticipated impacts from an expanded alcohol license are consistent with community goals and objectives. Staff believes the approval of the applicant’s request, subject to specific conditions, will substantially reduce the disturbances experienced by residents in the area while providing the nightclub owner the opportunity to expand alcohol service. RECOMMENDATION It is recommended that the Planning Commission approve Conditional Use Permit 99- 045 based on the following findings and subject to the following conditions: CONDITIONAL USE PERMIT FINDINGS 1. The proposed use is conditionally permitted within the subject district and complies with all of the applicable provisions of the "City of Santa Monica Comprehensive Land Use and Zoning Ordinance", in that the request to upgrade the existing Type 42 alcohol license to a Type 48 alcohol license for an existing nightclub in the C4 District, which is legally non-conforming for a Conditional Use Permit, is consistent with the Zoning Ordinance regulations governing alcohol outlets, subject to conditions of approval. 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 request to upgrade the existing Type 42 alcohol license to a Type 48 alcohol license for an existing nightclub, as conditioned, will ensure that the impacts typically associated with such projects does not disrupt the character of the district. Specifically, conditions 10-17 require physical noise reduction improvements to the existing structure to mitigate impacts associated with the new alcohol license including increased patronage and the anticipated prolonged continuation of the nightclub use as a result of the expanded alcohol service. 3. The subject parcel is physically suitable for the type of land use being proposed, in that the subject parcel is located in a commercial district, is currently developed and used for commercial purposes and has all necessary public improvements and access to utilities. 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 all uses on site are commercial uses and are intended to remain unchanged. Two businesses currently occupy the site, a restaurant and the subject nightclub establishment. A third tenant space, formerly a restaurant is now vacant. 8 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 subject nightclub, although non-conforming for a Conditional Use Permit, is conditionally permitted within the district it is located and, if appropriately conditioned, compatible with the land uses in the general area. The requested entitlement to allow the sale of general spirits to club patrons would have the potential to render the existing use not compatible with the surrounding area unless conditions are implemented to address impacts typically experienced with similar alcohol-serving establishments. Specifically, approval of the Type 48 alcohol license would have the potential to extend the operation of the existing establishment, generate additional customer patronage and subsequently, increase disturbances to the neighboring properties and land uses from impacts normally associated with alcohol-serving establishments and intoxicated patrons. To minimize such impacts and foster a compatible relationship between the additional alcohol entitlement and surrounding land uses, conditions 10-17 and 19-25 have been added to reduce the anticipated noise-related impacts and provide operational conditions that will ensure that the nightclub use is not disruptive to the neighborhood land uses. 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 proposed site is located within an existing urban environment and developed with an existing structure. Currently not available on- site is a recycling and refuse collection area. As the requested entitlement to expand alcohol service will increase the amount of refuse and recyclable material generated by the use, condition 23 has been added requiring an on-site collection area, or alternative refuse collection arrangement subject to the review of city staff. Such a condition will ensure the requested entitlement is not detrimental to the public health and safety. 7. Public access to the proposed use will be adequate, in that existing streets adequately serve the site. 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 subject use is an existing, legal non-conforming nightclub within an existing one-story structure. Other than the construction activity required by the conditions of approval, no other physical development is proposed. 9. The proposed use is consistent with the goals, objectives, and policies of the General Plan, in that the subject parcel is located in the service and specialty commercial land use designation which is intended to accommodate general commercial and service and specialty commercial uses that serve regional, community and local needs while respecting the adjacent residential neighborhoods (Land Use and Circulation Element of the General Plan: Objective 1.6 and Policy 1.6.5). The existing nightclub provides an opportunity for 9 dancing and live entertainment that serves the regional and local community. Adjacent residential neighborhoods would be buffered from the impacts related to the proposed alcohol entitlement by conditions that require noise-mitigating improvements to the building and operational conditions. 10. The proposed use would not be detrimental to the public interest, health, safety, convenience, or general welfare, in that the proposed entitlement to modify the existing beer and wine alcohol license to include liquor sales, is a conditionally permitted use in the C4 district and complies with all applicable provisions of the Zoning Ordinance and the General Plan that seek to ensure the compatibility of uses and protect the public interest, health, safety, convenience, and general welfare with regulations that require such uses not be overly concentrated, impact sensitive land uses and generate traffic and circulation problems. 11. The proposed use conforms precisely to the applicable performance standards contained in Subchapter 9.04.12 and special conditions outlined in Subchapter 9.04.14 of the City of Santa Monica Comprehensive Land Use and Zoning Ordinance, in that the proposed project does not contain any of the special features described in the aforementioned Subchapters and, therefore, the Performance Standards and Special Conditions relating to those features do not apply to the proposed project. 12. The proposed use will not result in an over concentration of such uses in the immediate vicinity, in that the subject nightclub establishment is the only such use within a minimum of 500 feet from the subject property. ALCOHOL OUTLET FINDINGS 1. The proposed use will not adversely affect the welfare of neighborhood residents in a significant manner in that as conditioned, the request to upgrade the Type 42 alcohol license to a Type 48 alcohol license buffers the neighboring residents from the anticipated impacts generated by the proposed change. Specifically, conditions 10-17 and 19-25 serve to minimize the vehicle and pedestrian intrusions into the residential neighborhoods, require physical sound mitigating improvements of the existing structure to reduce noise and vibration and operational conditions intended to control club patrons. 2. The proposed use will not contribute to an undue concentration of alcohol outlets in the area in that no increase in the number of alcohol licenses within the general vicinity (500 foot radius from the subject property) will occur. However, the license type will change from a Type 42 to a Type 48 alcohol license allowing for liquor, in addition to beer and wine, to be consumed on-site. There are currently four establishments that offer on-site consumption of alcohol, and .three that sell alcohol for off-site consumption. Of those seven existing alcohol outlets within 500 feet, only one restaurant has a Type 48 alcohol license, not including the proposed project. 10 3. 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 request to expand the alcohol outlet entitlement to serve liquor and the impacts generated by the proposed license, have been mitigated with conditions that require physical sound mitigating improvements and operational conditions to ensure that the surrounding sensitive uses are not detrimentally impacted (see conditions 10-17 and 19-25). 4. The proposed use is compatible with existing and potential uses within the general area in that the subject use is an existing, legal non-conforming nightclub within an existing one-story commercial structure located in the C4 (Highway Commercial) zoning district. Surrounding uses include a grocery store, restaurants, general retail and an auto dealership. Residential uses are located in the general area, but will be buffered from the impacts generated by the proposed alcohol license upgrade with conditions that serve to minimize the vehicle and pedestrian intrusions into the residential neighborhoods, require physical sound mitigating improvements to the existing structure and operational conditions intended to control club patrons. 5. Traffic and parking congestion will not result from the proposed use in that the existing nightclub, although non-conforming for parking, as a condition of approval, will provide a valet parking service to club patrons during all hours of operation. To mitigate the potential vehicle and pedestrian intrusions into the nearby residential neighborhoods, generated by the expanded alcohol license, and to encourage patron use of the parking service, the valet parking program will be free of charge and signs posted informing patrons of the availability of the service (see condition 21). 6. The public health, safety, and general welfare are protected in that the project is consistent with the provisions of the Zoning Ordinance and the Land Use Element of the General Plan, which is intended to accommodate general commercial and service and specialty commercial uses that serve regional, community and local needs while respecting the adjacent residential neighborhoods (Land Use and Circulation Element of the General Plan: Objective 1.6 and Policy 1.6.5). Further, the proposed entitlement to modify the existing beer and wine alcohol license to include liquor sales, is a conditionally permitted use in the C4 district and complies with all applicable provisions of the Zoning Ordinance and the General Plan that seek to ensure the compatibility of uses and protect the public interest, health, safety, convenience, and general welfare with regulations that require such uses not be overly concentrated, impact sensitive land uses and generate traffic and circulation problems. 7. No harm to adjacent properties will result in that the project, except for the conditions of approval, will not result in any new physical development of the site, 11 nor intensify the legal, non-conforming nightclub use at the site. Impacts related to the Type 48 alcohol license have been addressed and conditioned to minimize noise-related and operational disturbances associated with the project (see conditions 10-17 and 19-25). 8. The proposed use is consistent with the objectives of the General Plan in that the subject parcel is located in the service and specialty commercial land use designation which is intended to accommodate general commercial and service and specialty commercial uses that serve regional, community and local needs while respecting the adjacent residential neighborhoods (Land Use and Circulation Element of the General Plan: Objective 1.6 and Policy 1.6.5). The existing nightclub provides an opportunity for dancing and live entertainment that serves the regional and local community. Adjacent residential neighborhoods would be buffered from the impacts related to the proposed alcohol entitlement by conditions that require noise-mitigating improvements to the building and operational conditions. CONDITIONAL USE PERMIT CONDITIONS Plans 1. This approval is for those plans dated June 18, 1998, a copy of which shall be maintained in the files of the City Planning Division. Project development shall be consistent with such plans, except as otherwise specified in these conditions of approval. 2. The 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. Minor amendments to the plans shall be subject to approval by the Director of Planning. A significant change in the approved concept shall be subject to Planning Commission Review. Construction shall be in conformance with the plans submitted or as modified by the Planning Commission, Architectural Review Board or Director of Planning and Community Development. Architectural Review Board 4. Refuse areas, storage areas and mechanical equipment shall be 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 12 approved by the Architectural Review Board, rooftop mechanical equipment shall be located at least five feet from the edge of the roof. Miscellaneous CUP Conditions 4. The building address shall be painted on the roof of the building and shall measure four feet by eight feet (32 square feet). 5. Applicant is on notice that all temporary and permanent signage is subject to the restrictions of the City’s Sign Ordinance. Validity of Permits 6. 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. 7. Within ten days of City Planning Division transmittal of the Statement of Official Action, project applicant shall sign and return a copy of the Statement of Official Action prepared by the 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 Planning Division. Failure to comply with this condition shall constitute grounds for potential permit revocation. 8. This determination shall not become effective for a period of fourteen days from the date of determination or, if appealed, until a final determination is made on the appeal. Any appeal must be made in the form required by the Zoning Administrator. The approval of this permit shall expire if the rights granted are not exercised within one year from the permit’s effective date. Exercise of rights shall mean actual commencement of the use granted by the permit. Such rights may not be exercised until all physical sound mitigating measures have been completed and received final inspection pursuant to Condition 10. One six month extension may be permitted if approved by the Director of Planning. Applicant is on notice that time extensions may not be granted if development standards relevant to the project have changed since project approval. 9. 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. 13 ALCOHOL CONDITIONS 10. All of the following physical sound mitigating improvements shall be completed and have received final inspection approval, subject to the review and approval of the Director of Planning and Community Development, prior to implementation of the Type 48 alcohol license. 11. An interior drop ceiling shall be installed underneath the existing roof consisting of two (2) layers of gypsum board mounted with resilient clips. Insulation with a minimum R-9 rating shall be installed between the gypsum boards and the roof. 12. Ductwork associated with all mechanical equipment shall be installed underneath the roof within the interior of the building. Ducting may penetrate the roof only underneath the associated mechanical unit. Ductwork shall be installed with a minimum of one (1) inch thick insulation. 13. All unused ducting and mechanical equipment shall be removed from the roof to the satisfaction of the Director of Planning and Community Development. 14. All vestibules shall be constructed with floor to ceiling wall structures and solid core designed doors with properly functioning automatic door closures. The Director of Planning and Community Development may approve alternatives to the vestibule configuration provided such alternatives comply with the City’s Noise Ordinance and applicable building code requirements. 15. The exiting door adjacent to the alley shall be re-installed such that the automatic door closer operates properly ensuring a tight seal between the door and door jam, subject to compliance with Building Division code requirements and approval by the Director of Planning and Community Development. 16. Sound absorbing blankets shall be installed over each skylight and shall have an STC rating of 25 or greater. The blankets shall be maintained in good condition and attached to prevent being removed by wind or other environmental elements. 17. Doors to the establishment and vestibule doors shall remain closed at all times except to allow patron entry. Signs shall be conspicuously posted at each vestibule door alerting patrons and staff not to prop door open. 18. The exterior fire doors adjacent to Lincoln Court shall only be used in case of emergency or for commercial loading activity. Use of the doors for commercial loading is prohibited between 6:00pm and 8:00am. 19. Two uniformed security guards shall be present between the hours of 8:00pm and 2:00am Friday and Saturday; and 8:00pm to midnight Sunday through Thursday. 14 20. No outside promoter shall be permitted to rent or lease the premises. No event held at the establishment shall be advertised under another name. 21. The applicant shall make available a free valet parking service to all customers, during all hours of operation. The applicant shall encourage patrons to use the valet service and discourage patrons from parking on Lincoln Court or in adjacent residential neighborhoods. The valet parking plan shall provide pick up and drop off service from Broadway and shall discourage the use of the alley, subject to the review and approval by the Transportation Management and Planning Divisions. A clearly legible and appropriately sized sign shall be posted on the wall inside vestibule 1 near the cashier’s window informing patrons of the free valet parking service. 22. The permitted hours shall be 10:00am to 2:00am on Friday and Saturday with complete closure by 2:30am; and 10:00am to Midnight on Sunday through Thursday with complete closure by 12:30am. No alcohol shall be served after 1:30am and entrance to the nightclub by patrons shall be closed at 1:00am on Friday and Saturday. No after hours operations shall be permitted. 23. The applicant shall submit a refuse and recycling program that provides regular service for refuse collection on the following day after the nightclub is in operation. The collection plan shall be subject to the review and approval of the Solid Waste Management Division and shall require pick up between 8:30am and 5:00pm. Refuse and recycling material shall only be transferred from the nightclub to the collection area between 9:00am and 9:00pm. 24. The owner shall ensure that club patrons disperse quietly from the club and shall not permit club patrons to congregate outside of the club or in the surrounding vicinity. The property and surrounding area shall be maintained free and clear of litter. 25. 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. 26. No expansion in the number of seats fixed seats or change to the existing operation shall occur without prior approval from the City of Santa Monica and State Alcoholic Beverage Control. 27. Dancing and live entertainment shall be permitted during hours of operation only. 28. No person under 21 years of age shall be allowed in the establishment and signs shall be posted to this effect. 15 29. The owner shall provide for designated types of beverage dispensers that will clearly distinguish alcoholic beverages from non-alcoholic beverages. 30. Signs shall be posted in conspicuous locations advising patrons that alcoholic beverages shall not be sold unless proper identification is displayed. 31. No alcoholic beverage shall be sold for consumption beyond the premises. 32. Alcohol shall not be served in any disposable container such as disposable plastic or paper cups. 33. The applicant shall submit a security plan to the Planning Division and the Chief of Police for review and approval. The plan shall address both physical and operational security issues. 34. The applicant 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 citywide alcohol awareness training program condition affecting similar establishments. 35. The applicant 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. 36. The project shall at all times comply with all noise conditions of approval in addition to provisions of the Noise Ordinance (SMMC Chapter 4.12). 37. 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. Prepared by: Jonathan Lait, Associate Planner Attachments: A. Municipal Code and General Plan Conformance B. Notice of Public Hearing C. Police Department Memorandum, dated March 3, 2000 D. Noise Study, Prepared by Mestre Greve Associates, dated April 7, 2000 16 E. Letter from Applicant’s Representative Identifying Existing Sound Mitigating Measures F. Correspondence: 2 letters, the latter with attachments (arranged oldest to recent) G. Vicinity Map H. Photographs of Site and Surrounding Properties I. Floors Plans, Newspaper Reviews and Interior Photographs, by Applicant 17 ATTACHMENT A MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE LAND USE CATEGORY ELEMENT MUNICIPAL CODE PROJECT Permitted Use Low-intensity Nightclubs permitted Existing non- auto-oriented subject to Conditional conforming nightclub. businesses Use Permit approval. and services. Parking Space N/A 61 parking spaces. 0 parking spaces, Number non-conforming. Trash Area N/A 5' x 9' x 8' refuse. No refuse or recycling and recycling area area provided on site. Alcohol Outlets N/A Requires a The subject Conditional Use Conditional Use Permit when a Permit application has change in retail liquor been submitted to license is requested. satisfy this requirement. Intensification of a N/A No change in the No change in the Non-conforming Use mode or character of mode or character of operation, including operation is proposed. extension of hours, The subject substantial application does not remodeling, change require a Conditional in the number of Use Permit for the seats or service area legal, non-conforming floor space for bars nightclub component and restaurants. of the project. 18