SR-402-004 (5)
Plannin Com miss
Ma. 17,2000
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can be problematic, however this situation is different as artificial numbers \1\
used. He stated the Mr. Harding's arguments were persuasive and that
would support the motion.
The motion to approve the Statement of Overriding Consideration wa
by the following vote:
AYES: Brown, Clarke, Kanny, Olsen, Parlee, Zinner: Absent:
Commissioner Zinner made a motion for approval of the pr Bet. Commissioner
Parlee seconded the motion.
Commissioners Clarke and Olsen expressed their on for the project.
The motion to approved the project was appro by the following vote:
AYES: Brown, Clarke, Kanny, Olsen, Parlee Inner: Absent: Breisch.
7.
Action: EIR Certified, Statement of
project approved.
rnd Ing Considerations adopted and
PUBLIC HEARINGS:
-
equest by staff, Commissioner Parlee made a motion to continue
June 14, 2000. Commissioner Zinner seconded the motion, which
roved by voice vote.
Conditional Use Permit 99:045, 814 Broadway. Club Suaar. Conditional Use
Permit application to 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. No operational changes or physical improvements are
proposed with this application. APPLICANT: Suite Events. LLC PROPERTY
OWNER: Kavvan Naimi.
Following the staff report, the Commission asked questions of staff regarding
the hours of operation, security, valet parking and whether there was a cover
charge.
The applicant's representative, Jonathan Horne, was present to discuss the
application.
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P~anningGl?mmissi
Ma. 11,2000
Commissioner Olsen asked Mr. Horne how long Club Sugar has been in
operation. Mr. Horne stated that he opened Club Sugar in January 1999.
Commissioner Zinner asked Mr. Horne about his concern regarding queuing for
the valet service as most patrons leave the club at the same time. Mr. Horne
stated that this is quite a concern.
Commissioner Brown asked Mr. Horne what hours of operation he would prefer
from those cited in the staff report. Mr. Horne stated that he would like to stay
open until 2:00 a.m. nightly, however staff has recommended a 2:00 a.m.
closing on Friday and Saturday nights, and midnight on other nights. He stated
that he has a very sm.all window to operate as most patrons do not arrive until
after 10:00 p.m. He also stated that he would be willing to provide extra
security .
Commissioner Brown asked Mr. Horne what days of week his club is currently
permitted to be open. Mr. Horne stated that his e,stablishment is currently
unregulated and the hours has been generally Wednesday through Sunday,
though currently the days of operation are Thursday through Saturdfly. He
stated that the business in the process of expanding, which includes the
application for a full liquor license. c
Commissioner Brown asked Mr. Horne if he wants the club open seven days a
week. Mr. Horne answered in the affirmative.
Commissioner Zinner asked Mr. Horne when the club is currently closing. Mr.
Horne stated that he closes at 2:00 a.m.
Commissioner Olsen asked Mr. Horne if he heard correctly that the club has
been open since January 1 999 approximately three to four days a week on
average. Mr. Horne answered in the affirmative. (
Commissioner Parlee asked Mr. Horne if the club was switching from a Type 42
(beer and wine) to a full liquor license (Type 48). Mr. Horne answered in the
affirmative.
Commissioner Parlee asked if this change in the liquor license will increase his
business. Mr. Horne answered in the affirmative.
Acting Chair Kanny asked if the term "free valet" means it will function at no
cost. Mr. Horne answered in the affirmative. He added that the valet service
will also be used for the adjacent business (Swingers Diner). He stated that he
wants to be pro-active with security and appropriate signs.
Acting Chair Kanny asked about Mr. Horne's proposal for sound-proofing as
opposed to staff's recommendation. Mr. Horne explained that the City's experts
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Plannin Commisso
Ma 17,2000
gave a recommendation without consulting with his people. He stated that his
sound engineers recommend completely replacing the roof with a sandwich type
material which absorbs sound (especially bass level sounds). He also stated
that the club building has very low interior ceilings.
Commissioner Clarke asked Mr. Horne what acoustic measures have already
been undertaken. Mr. Horne stated that sound blankets have been installed
along the interior walls, the vestibule has been padded, the rear doors "click
shut" and the speaker system has been redone.
Commissioner Clarke asked Mr. Horne if he had any contingency plan should the
aforementioned remedies not satisfy the neighbors. Mr. Horne stated that the
next step would be turning down the volume and more toward a more mature
clientele.
The following members of the public addressed the Commission:
Lisa Friedman, 1528 Ninth Street #10, Santa Monica 90401
Martine Brousse, 1 51 8-A Ninth Street, Santa Monica 90401
Paul Kilpatrick, 1445 Ninth Street #2, Santa Monica 90401 *
Paul Messick, 1518 Ninth Street, Santa Monica 90401
Tom Padden, 1432 Ninth Street #4, Santa Monica 90401
Ron Shotola, 1445 Ninth Street #1, Santa Monica 90401
Steve Kraves, 151 8-H Ninth Street, Santa Monica 90401
Chuck Allord, 1543 Ninth Street, Santa Monica 90401 *
Michelle Prensky, 1533 Ninth Street, Santa Monica 90401
Andrew Goldstein, 1433-1 Ninth Street, Santa Monica 90401
Kari Ohri, 1543 Corinth Street, Los Angeles 90025
* spoke on behalf of Neighbors for a Safer Santa Monica
One member of the public, Jeff Morrow, 1528 Ninth Street #6, Santa Monica
90401, was not present when his name was called.
Acting Chair Kanny asked the Commission if they had questions.
Ms. Frick stated for the record that the Zoning Ordinance states that the
extension of hours of operation requires a CUP. The application before the
Commission did not request a change of hours of operation and may not be
discussed as part of the current application and hearing.
Commissioner Zinner asked Ms. Frick how staff defines the current operation.
Ms. Frick stated that staff understands that the operation is currently open
three to four evenings a week, however the applicant indicated this evening that
the operation is open Wednesday through Saturday.
Commissioner Parlee asked if this location had any set hours of operation prior
to the current use. Ms. Frick read a section of the Zoning Ordinance regarding
intensification of use.
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Plannin Commisso
Ma 17,2000
Commissioner Parlee asked if there were established hours for the prior
establishment, Kingston 12. Ms. Frick stated that there is prior no CUP for this
location.
Mr. Horne spoke in rebuttal to the public comment.
Commissioner Zinner asked Mr. Horne why complaints from neighbors have not
been fully addressed in the year and half the establishment has been open. Mr.
Horne stated that he has had sound tests run for audible noise outside the
building which had negative results. He also stated that the Zoning Inspectors
had the same conclusion.
Commissioner Zinner asked if the most recent action of turning down the
volume has been noticed by the neighbors. Mr. Horne indicated that the
neighbors seem to be pleased with the new remedies and it appears that an
appropriate sound level has been achieved.
Commissioner Zinner asked about complaints from the neighbors that they have
received no response to their calls. Mr. Horne stated that, to the be~t of his
knowledge, there has been only one call from a neighbor in the last six months.
He added that he is proposing a mitigation measure to add a dedicated
telephone line for neighbors complaints. The line will go directly to the general
manager of the establishment.
Commissioner Parlee commented on the City's sound consultant's
recommendations for sound curtains inside the facility as sound seems to leak
out through the old brick walls. Mr. Horne stated that the walls have been
resealed and that another sound test can be run.
Commissioner Parlee asked Mr. Horne if he is amenable to doing more sound
tests, if necessary, or other measures to reduce sound projecting into the
neighborhood. Mr. Horne answered in the affirmative and stated that he does
not want to disturb the neighborhood with the dance music.
Commissioner Olsen stated that there were 1 07 calls to the Police Department
between January 1999 and January 2000, which is a very high percentage
considering the establishment is only open three to four days a week and only
four to five hours per night. He stated that this indicates that more than one
person is upset by the noise generated from this establishment. Mr. Horne
responded that when the Police arrive at his establishment, management walks
with them around the neighborhood to investigate the complaint. He stated
that he is not unmindful of the neighborhood situation and wants to solve the
problem.
Commissioner Olsen commented the Mr. Horne's request to expand his days of
operation from three to four days a week to six or seven days a week with full
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Plannin Commissf
Ma 17,2000
alcohol service and no food service. Mr. Horne stated that he will solve the
noise problems to the City's satisfaction prior to expanding the days of
operation and also the parking problem.
Commissioner Clarke asked where the proposed valet service will park vehicles.
Mr. Horne stated that there is no self-parking allowed at the Mittel's lot, only
the valet service. He also stated that no congregating is allowed in the adjacent
lots.
Commissioner Clarke asked about the low frequency sound transmission heard
through the brick walls of the building. Mr. Horne stated that he is not a sound
technician. He also stated that sound comes out of the building through the
roof, not the brick walls. Commissioner Clarke stated he was addressing the
low frequency "thumpa-thumpa" sound. Mr. Horne stated that this is
"broadband."
[The Commission elected to take a break at 9:28 p.m, The Commission
reconvened at 9:44 p.m.]
Acting Chair Kanny asked the Commission if were additional questions for staff.
Commissioner Zinner asked the Senior Land Use Attorney to comment on the
legal non-conforming nature of the establishment. Senior Land Use Attorney
Rosenbaum explained that under the City's Zoning Ordinance, a legal non-
conforming use is defined as one that existed on the effective date of the
Zoning Ordinance (adopted 1988) and has had not changed in mode or
operation since that time. Change would include changing the hours of
operation. He further explained that it is difficult to prove whether such
changes have occurred especially as there is no prior Conditional Use Permit
(CUP) .
Acting Chair Kanny asked Senior Land Use Attorney Rosenbaum-for additional
information. Senior Land Use Attorney Rosenbaum stated that under a CUP,
conditions would be provided for hours and days of operation. He stated that
the request to expand the current hours could be interpreted as an expansion
or intensification of use.
In response to a comment by Commissioner Zinner, Senior Land Use Attorney
Rosenbaum stated that the subject establishment currently conforms to the non-
conforming use hours. Acting Chair Kanny surmised that if the use is intensified
(by increased hours or days of operation), then the non-conforming use may not
continue according to the Zoning Ordinance.
Commissioner Brown stated that her understanding was that only a change in
the liquor license was requested and that the issue of hours of operation only
came about because a condition imposed in the staff report. Senior Land Use
Attorney Rosenbaum stated that a standard condition of an alcohol CUP is to
set hours of operation.
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Plannin Commiss
Ma 17,2000
Acting Chair Kanny commented that asking for daily operation until 2:00 a.m.
would be an intensification of use.
Commissioner Clarke asked if approval of the alcohol CUP would bring the
establishment in conformance. Senior Land Use Attorney Rosenbaum stated
that approval of the alcohol CUP would grant conformance for the alcohol use
only, not the late night hours and other issues raised.
Commissioner Olsen commented that someone had suggested that the applicant
could walk away without obtaining the CUP and keep operating the non-
conforming operation any hours they desire. Senior Land Use Attorney
Rosenbaum stated that he is not familiar with the historic hours of operation for
this location.
Commissioner Zinner called for a point of order and asked everyone to stick to
the application request.
Commissioner Olsen asked if a restaurant or night club use was functioning at
this location when the Zoning Ordinance was adopted. Ms. Frick stated that
she believes the Kingston 1 2 was in operation when the Zoning Ordinance was
adopted.
Acting Chair Kanny asked for direction from staff on how to proceed.
Commissioner Parlee recommended making a motion to approve the CUP with
a condition amending the hours of operation. Ms. Frick advised against such a
condition and expressed her concern regarding this operation.
Acting Chair Kanny asked Ms. Frick if she had additional facts regarding the
site. Ms. Frick stated that a staff report for the expansion of the Kingston 12
in 1993 described the hours of operation as 11 :00 a.m. to midnight Sunday
through Thursday and 11 :00 a.m. to 2:00 a.m. Friday and Saturday. The
application was not approved.
Commissioner Olsen raised the issue of whether the property had ever been
abandoned. Senior Land Use Attorney Rosenbaum stated that the issue of
hours does not constitute abandonment. Ms. Frick added that Mr. Horne took
possession of the property from Kingston 1 2 and changed the name to Club
Sugar.
Commissioner Parlee commented on the hours of operation recommended in the
staff and his inclination not to amend them.
Commissioner Olsen asked the Police Department's representative to address
the Commission. Vice Investigator Joan Rosario introduced herself to the
Commission. Commissioner Olsen asked Investigator Rosario to detail her
experience with this establishment including her opinion on intensification of the
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Plannin CommiSSf'
Ma 17,2000
Commissioner Zinner stated that he can testify that there is ample street parking
late at night as most of the area is commercial. He noted that the apartments
in question are very close to both Broadway and Lincoln Boulevard. He stated
that the location of the neighborhood is in a high noise area. He suggested that
a trade-off should be devised to accommodate both the neighbors and the
business.
Commissioner Clarke proposed an amendment to the motion to completely
restrict all parking at Mittel's lot.
Commissioner Olsen seconded the motion.
Commissioner Zinner stated that the City can not order Mittel's to gate their
parking lot. Ms. Frick stated that the Commission can order the establishment
not to allow the public to use Mittel's parking lot.
Commissioner Clarke asked about using the Mittel's lot for valet parking and
whether the valet could be restricted to using that lot. Ms. Frick stated that the
City can not tell Mittel's how to use their parking lot; however, the Corrfmission
can direct the establishment regarding where they can and cannot valet park
vehicles.
Commissioner Clarke floated a motion to prohibit the use of the Mittel's lot for
valet parking. Following some discussion, Commissioner Clarke withdrew his
motion.
Acting Chair Kanny suggested the addition of a condition to require a telephone
complaint line as was done for the Casa Del Mar Hotel project. Commissioner
Brown agreed to the condition.
There was a discussion regarding expanding the hours of operation.
Prior to taking the vote, Ms. Frick asked for clarification on the motion. She
stated her understanding of the motion as follows: for approval with staff
conditions and findings (both staff report and supplemental staff report) and
with the following additional conditions: (1) that a flexible mitigation of noise
plan be devised; (2) that there be a policy regarding last calls and courtesy to
the neighborhood in for the form of a sign; (3) eliminate the condition for "free"
valet parking; (4) that no audible sound (music) not be heard at the property line
when the doors are closed; (5) that a dedicated complaint line be installed for
neighbors complaints; and (6) that there be a written policy on that requires club
management to verbally remind club patrons to exit the club quietly, courteously and
to be respectful to the nearby residential uses.
The motion was approved by the following vote:
AYES: Brown, Clarke, Kanny, Parlee, Zinner; NOES: Olsen;
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