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SR-402-004 (5) Plannin Com miss Ma. 17,2000 ()~MJJl~11l1I11il!Mill'flJ''''~*'i'Jlf~M~a~.R''9'''.!~4.~llil,i~~,'''1;J;l'l:~Jt~~_ 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. 4 .~ "" i. 15 6 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 5 \J 15 7 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. 6 ~, \il; ~j 15 8 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 7 wi j'I;; ,j 15 9 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. 8 ~;.' .;....6 Q 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. 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He:j.s pa)Jse uaslO Jauo!ss!Wwo:) 'aAeal AaLj:j. se pooLjJOqLj6!au le!:j.uap!saJ aLj:j. !O a:j.eJap!suoo aq O:j. suoJ:j.ed 6u!pu!waJ aw!:j. 6u!SOIO Jeau :j.uawaounouue ue a)jew :j.uawa6euew aJ!nbaJ PlnoM LjO!LjM pappe aq UO!:j.!PUOO ,.:J.uawpuawe aJn:j.Jedap AIPuap!" e pa:j.sa66ns aaped JaUO!SS!WWO:) 'aa! 6u!)jJed :j.aleA aLj:j. 6u!pJe6aJ :j.uawpuawe AIPUa!J! aLj:j. O:j. paaJ6e UMOJ8 pue aaped Jauo!ss!Wwo:) 'eaJe aLj:j. U! alqel!eAe S! 6u!)JJed aaJ! JaLl:j.o !! pasn aq :j.ou II!M aO!AJaS :j.aleA aLj:j. :j.eLj:j. uo!u!do OOOZ 'L~ ew .SS!WWO~ U!UUeld 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; 12 ... tit '- 1 6 4 S9Tn Itt~'i " n f 09:0 ~ lE! paUJinoJp8 S13M . 0 L :.lndNIOnandJ '6 , ~l gLmr : IlJO!l:J\i '18aJ:j;S ljlU!N 8 L 9 L JDl 'EH::lV JOJ 8+80 BupeaH alnpaqoSfltj ~_lL'~:~"iiWfu~~~~~~RmTh\1I~~~~:;;::~;' :""7'" -",l;:;.iA Jlem14/'V13ff!8Y'ft1!!l1.381L..,a& l~n.!ll~:.1!:m ~'8 40S!8J8 :.lN3S8'i1 OOOZ 'L ~ ell\l ~SS!WWO~ U!UUeld