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SR-402-004 (4) CITY OF SANTA MONICA CITY PLANNING DIVISION PLANNING COMMISSION STATEMENT OF OFFICIAL ACTION PROJECT CASE NUMBER: Conditional Use Permit 99-045 LOCATION: 814 Broadway APPLICANT: Suite Events, LLC CASE PLANNER: Jonathan Lait, Associate Planner REQUEST: 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. 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. PLANNING COMMISSION ACTION May 17, 2000 Date. X Approved based on the following findings and subject to the conditions below. Denied. _____________ Other. EFFECTIVE DATE OF ACTION IF NOT APPEALED: June 1, 2000__ Conditional Use Permit 99-045 - 1 - EXPIRATION DATE OF ANY PERMITS GRANTD: June 1, 2001__ Conditional Use Permit 99-045 LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATE: Any request for an extension of the expiration date must be received in writing by the City Planning Division prior to expiration of this permit. Six (6) Months: Conditional Use Permit 99-045 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 11-20 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. 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 11-20 and 22-30 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. - 2 - 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 28 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 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 11-20 and 22-30 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. - 3 - 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. 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 11-20 and 22-30). 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, signs shall be posted alerting patrons to the availability of the service (see condition 24). 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, 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 11-20 and 22-30). 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 - 4 - 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 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 5. The building address shall be painted on the roof of the building and shall measure four feet by eight feet (32 square feet). 6. Applicant is on notice that all temporary and permanent signage is subject to the restrictions of the City’s Sign Ordinance. Validity of Permits 7. 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. 8. 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. 9. 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 - 5 - 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. 10. 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. ALCOHOL CONDITIONS 11. 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. 12. 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. 13. 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. 14. All unused ducting and mechanical equipment shall be removed from the roof to the satisfaction of the Director of Planning and Community Development. 15. 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. 16. As an alternative to Conditions 12-15, the applicant may present an alternative sound mitigation plan that provides equal or greater noise reduction, subject to the review of the City’s noise consultant and review and approval of the Director of Planning and Community Development. 17. No noise shall be audible and bass vibrations detectable beyond the site boundaries when the establishment’s doors are closed. 18. 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. 19. 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. 20. 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. - 6 - 21. 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. 22. 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. 23. No outside promoter shall be permitted to rent or lease the premises. No event held at the establishment shall be advertised under another name. 24. The applicant shall make available a 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 valet parking service. 25. 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. 26. The applicant shall implement a written policy that requires club management to verbally remind club patrons to exit the club quietly, courteously and to be respectful to the nearby residential uses. Signs shall similarly be posted at an appropriate location within the building and of appropriate size, subject to the approval of the Director of Planning and Community Development. 27. The applicant shall provide and maintain a dedicated phone line that enables direct communication with the on-site manager who shall respond immediately to complaints regarding the nightclub operation. The applicant shall provide written notice to all residential tenants and residential property owners within 500 feet regarding how to access the dedicated phone line. 28. 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. 29. 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. 30. 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. 31. 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. 32. Dancing and live entertainment shall be permitted during hours of operation only. 33. No person under 21 years of age shall be allowed in the establishment and signs shall be posted to this effect. - 7 - 34. The owner shall provide for designated types of beverage dispensers that will clearly distinguish alcoholic beverages from non-alcoholic beverages. 35. Signs shall be posted in conspicuous locations advising patrons that alcoholic beverages shall not be sold unless proper identification is displayed. 36. No alcoholic beverage shall be sold for consumption beyond the premises. 37. Alcohol shall not be served in any disposable container such as disposable plastic or paper cups. 38. 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. 39. 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. 40. 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. 41. 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). 42. 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. VOTE Ayes: Brown, Clarke, Olsen, Parlee, Zinner Nays: Olsen Abstain: Absent: Breisch NOTICE If this is a final decision not subject to further appeal under the City of Santa Monica Comprehensive and Land Use Ordinance, the time within which judicial review of this 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 Planning Commission of the City of Santa Monica. _____________________________ _____________________________ Matt Kanny, Acting Chairperson Date - 8 - 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\99CUP045.doc - 9 -