SR 06-13-2017 3Q
Ci ty Council
Report
City Council Meeting : June 13, 2017
Agenda Item: 3.Q
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To: Mayor and City Council
From: David Martin, Director , City Planning
Subject: Statement of Official Action Denying Appeal 17ENT -0016 of the Planning
Commission's Approval of Conditional Use Permit 16ENT -0128 for the
Property Located at 1530 2nd Street
Recommended Action
Staff recommends that the City Council approve the attached Statement of Official
Action denying Appeal 17ENT -0016 and upholding the Planning Commission’s approval
of Conditional Use Permit 16ENT -0128 for a Type -47 alcohol l icense for a restaurant at
1530 2 nd Street.
Executive Summary
The staff report transmits for City Council approv al the Statement of Official Action for
Appeal 17ENT -0016 . At its April 18, 2017 meeting, the City Council denied the appeal
and up held the Planning Commi ssion's approval of Conditional Use Permit 16ENT -0128
to allow a Type -47 alcohol l icense for a bona fide eating establishment, The Avery ,
located at 1530 2 nd Street .
Discussion
On February 1, 2017, the Planning Commission approved Conditional Use Permit
16ENT -0128 to permit a Type 47 alcohol license at a newly proposed restaurant (The
Avery) at 1530 2nd Street. On February 14, 2017, the decision of the Commission was
appealed by UNITE HERE Local 11.
On April 18, 2017 the City Council conducted a public hearing to consider the appeal.
Council voted 4 -3 to deny the appeal and upheld the Planning Commission's decision to
approve a Type -47 alcohol license for The Avery. The Council amended the conditions
of approval to clarify the requirements for transfer of the business ownership, hours of
operation, customer entry and exit from the rear of the restaurant, and conditioned
restaurant deliveries to patrons of the Shore Hotel. The Statement of Official Action is
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now presented for Council's adoption.
Fin ancial Impacts and Budget Actions
There is no immediate financial impact or budget action as a result of the recommended
action.
Prepared By: Regina Szilak, Associate Planner
Approved
Forwarded to Council
Attachments:
A. 17ENT -0016 CC Appeal (1530 2 nd Street 16ENT -0128) alcohol cup
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City of Santa Monica
City Planning Division
CITY COUNCIL
STATEMENT OF OFFICIAL ACTION
PROJECT INFORMATION
CASE NUMBER: Appeal (16ENT -0016) of Conditional Use Permit (16ENT -
00128)
LOCATION: 1530 Second Street
APPLICANT: Full of Flavor, LLC
PROPERTY OWNER : Sunshine Enterprises, LP
CASE PLANNER: Gina Szilak, Associate Planner
REQUEST: The appeal of the Planning Commission’s approval of f a
Conditional Use Permit (CUP) to allow a Type -47 alcohol
license in conjunction with a new full -service, 3,306
square -foot , 102 seat restaurant (Avery ) comprised of 9 2
indoor dining room seats (1 2 bar seats ) and 10 outdoor
seats located within a ground floor space of the Shore
Hotel.
CEQA STATUS: The request is exempt from the provisions of the California
E nvironmental Quality Act (CEQA), pursuant to Section
15301 (Class 1), Existing Facilities, of the State
Implementation Guidelines in that the project involves
interior improvements to an existing building to establish a
new restaurant with on -site sale of beer, wine, and distilled
spirits.
CITY COUNCIL ACTION
April 18 , 2017 D etermination Date
X
Appeal denied. Application a pproved based on the following
findings and subject to the conditions below.
Denied.
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Other:
EFFECTIVE DATES OF ACTIONS IF
NOT APPEALED:
April 1 8 , 2017
EXPIRATION DATE OF ANY PERMITS
GRANTED:
October 1 8 , 201 9
LENGTH OF ANY POSSIBLE
EXTENSION OF EXPIRATION DATES*:
6 months
* Any request for an extension of the expiration date must be received in the City
Planning Division prior to expiration of this permit.
Each and all of the findings and determinations are based on the competent and
substantial evidence, both oral and written, contained in the entire record relating to the
Project. All summaries of information contained herein or in the findings are based on
the substantial evidence in the record. The absence of any particular fact from any such
summary is not an indication that a particular finding is not based in part on that fact.
FINDINGS :
CONDITIONAL USE PERMIT FINDINGS
1. The proposed use is one conditionally permitted within the subject district and
complies with all of the applicable provisions of the "City of Santa Monica
Comprehensive Land Use and Zoning Ordinance", in that alcohol licenses in
conjunct ion with eating and drinking establishments are conditionally permitted in
the C3 (Downtown Commercial ) district of the Zoning Ordinance. More
specifically, requests for new alcohol licenses or substantial changes in the mode
or character of the existing licenses require Conditional Use Permit approval
consistent with SMMC Section 9.04.10.18.020.
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 proposed alcohol sales w ill be
incidental to the primary use of the business as a bona fide restaurant.
Additionally, the Downtown district encourages this type of use to create an urban
neighborhood setting and to provide neighborhood serving uses for the
employees, regional vi sitors, tourists, and residents in the area. Although alcohol -
related impacts are not generally associated with this type of use with alcohol
service, conditions of approval have been included to mitigate any potential
alcohol -related impacts such as rest ricting the hours of alcohol sales and limiting
the hours that alcohol sales shall be permitted in the outdoor seating areas.
Furthermore, to ensure that the proposed primary use remains a s a restaurant,
Condition No. 40 requires that no more than 35% of total gross revenues per year
shall be from alcohol sales. As conditioned, it is anticipated that the proposed
alcohol service will not impair the integrity and character of the district.
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3. The subject parcel is physically suitable for the type of land us e being proposed,
in that the parcel was developed as a hotel with a ground floor designed for a
pedestrian use such as a restaurant. The proposed restaurant tenancy and
alcohol service will operate as a standalone operation separate and distinct from
the hotel and will require building permits for standard tenant improvements to
ensure the space is appropriate for restaurant use.
4. The proposed use is compatible with any of the land uses presently on the subject
parcel if the present land uses are to remai n, in that the site serves as a hotel with
a standalone restaurant on the ground floor. The issuance of an alcohol license
and service area within the restaurant is consistent and compatible with typical
restaurant operations existing in the immediate are a.
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 alcohol service is conditionally permitted by the Zoning Ordinance and
is pro posed in a restaurant located in an existing pedestrian designated use of the
Shore Hotel that fronts 2 nd Street . The restaurant’s alcohol conditions of approval
will ensure that the use operates in a harmonious manner with the adjacent land
uses , provide an environment conductive to dining and will not create any alcohol -
related problems in the downtown area in that supports a number of full service
restaurants .
6. There are adequate provisions for water, sanitation, and public utilities and
services to ens ure that the proposed use would not be detrimental to public health
and safety, in that the alcohol service is conditionally permitted by the Zoning
Ordinance and is proposed within a pedestrian oriented restaurant tenant space
located within the Shore Hot el along 2 nd Street.
7. Public access to the proposed use will be adequate, in that vehicular access to the
Shore Hotel is available from Ocean Avenue . The pedestrian access to the
restaurant is provided directly from public sidewalk along Second Street.
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 restaurant will
occupy a ground floor tenant space along 2 nd Street within a site developed as the
Shore Hotel. The proposed alcohol licensing will be in conjunction with a full -
service, sit -down restaurant with outdoor dining in an area developed with similar
lodging, dining and retail establishments . Lastly, the Land Use Element of the
General Plan specifically supports the greatest concentration of activity within the
Downtown such restaurant services and outdoor dining.
9. The proposed use is consistent with the goals, objectives, and policies of the
General Plan, in that restaurant is proposed in t he Downtown designation of the
City of Santa Monica’s Land Use and Circulation (LUCE). Goal D1 of the LUCE
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says to, “Maintain Downtown’s competitive advantage as a premier local and
regional shopping, dining, and entertainment destination, and support its evolution
in order to respond to changing market conditions.” Furthermore, Land Use
Element Goal D7 and Policy D 7 .1 supports creating a balanced mix of uses in the
downtown that reinforces its role as the greatest concentration of activity in the City
and encouraging a broad mix of uses that create dynamic activity in both the
daytime and evening hours. The proposed alcohol licensing provides the
restaurant operator the ability to offer beverages that are similar to other food
serving establishments within the downtown.
10. The proposed use would not be detrimental to the public interest, health, safety,
convenience, or general welfare, in that the proposed use is consistent with the
Zoning Ordinance and the Land Use Element of the General Plan, and conditi ons
to mitigate any potential adverse impacts such as limiting the operator to 35% of
total gross revenues on the percentage of alcohol sales per year and ensuring that
the primary business operations involve a full -service restaurant with sit -down
meal se rvice.
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 in that no performance standard permit is required
12. The proposed use will not result in an over concentration of such uses in the
immediate vicinity, in that the proposed restaurant alcohol license will be within a
pedestrian designed ground floor space of the Shore Hotel serving local residents
and visitors. The general vicinity is frequented by large numbers of local residents,
shoppers, visitors, and tourists. This type of outlet has not contributed significantly
to alcoho l related problems in the area, and it is anticipated that the incorporation
of various conditions of approval will minimize impacts and intrusions into any
adjacent residential neighborhoods and not result in an overconcentration .
ALCOHOL OUTLET FINDING S
1. The proposed use will not adversely affect the welfare of neighborhood residents
in a significant manner in that the use will be located in a commercial area, away
from any major residential uses. The conditions of approval contain specific
condition s that have been added to mitigate any potential adverse impacts, such
as limiting hours, limiting gross percentage of alcohol sales and other alcohol -
related operational conditions.
2. The proposed use will not contribute to an undue concentration of alc ohol outlets
in the area in that a restaurant with no separate bar area or entertainment or other
use is not typically considered to contribute to objectionable problems associated
with alcohol outlets, and in that the area is in the downtown portion of Sa nta Monica
which is frequented by large numbers of local residents as well as office workers,
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shoppers, and visitors from outside the area. Furthermore, this type of outlet has
not contributed significantly to alcohol related problems in the area.
3. The pr oposed use will not detrimentally affect nearby neighborhoods considering
the distance of the alcohol outlet to residential buildings, churches, schools,
hospitals, playgrounds, parks, and other existing alcohol outlets in that the
conditions for approval, such as the requirement that the establishment operate
with no separate bar area or entertainment beyond the uses permitted in the
restaurant definition , will minimize the potential e ffect on the residential uses in the
vicinity. The Police Department re viewed the project and contacted staff on August
30, 2016 to indicate that they did not anticipate any issues with the proposed
project.
4. The proposed use is compatible with existing and potential uses within the general
area in that the restaurant is in a commercial district, and a restaurant with an
alcohol license is compatible with permitted uses.
5. Traffic and parking congestion will not result from the proposed use in that parking
is located in the subterranean parking area which is accessed fr om Ocean Avenue
and exited on to First Court (alley).
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, and alcohol specific conditions have been added to mitigate
any potential adverse impacts. A restaurant with limited alcohol sales is compatible
with the surrounding regional shopping center and Downtown development.
7. No harm to adjacent properties will result in that the conditions of approval will
ensure that the establishment operates as a restaurant with no separate bar area
or entertainment that extends beyond the uses permitted in the restaurant
definition .
8. The objectives of the General Plan are secured in that the Land Use Element of
the General Plan designates the area as City’s Downtown. Goal D1 of the LUCE
says to, “Maintain Downtown’s competitive advantage as a premier local and
regional shopping, dining, and entertainment destination, and support it s evolution
in order to respond to changing market conditions. Furthermore, Policy D1.1 says
to, “Create a diversity of retail opportunities including local - and regional -serving
retail and dining in the Downtown. The proposed restaurant with alcohol servi ce
located within the Shore Hotel is consistent with the zoning and LUCE designation.
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CONDITIONS OF APPROVAL :
PLANNING AND COMMUNITY DEVELOPMENT
Project Specific Conditions
1. This approval is for a Type 47 (On Sale General Eating Place) alcohol license only.
Any request to modify the license type shall require approval from the Planning
Commission.
2. Seating arrangements for sit -down patrons shall not exceed 102 seats (92 indoor
seats 12 of which may be located along a bar counter and 10 outdoor seats).
3. The permitted hours of alcohol consumption shall be from:
10 :00 AM to 2:00 AM - Sunday through Thursday ;
7:00 AM to 2:00 AM - Friday s, Saturdays and holidays ;
C omplete closure and all employees vacated from the tenant space by 3:00
AM.
No “after hours" operations shall be permitted.
4. Alcoholic beverages orders shall cease 30 minutes prior to restaurant closure, or
no later than the closing of the associated food service of the establishment,
whichever is first.
5. No restaurant deliver y to the hotel guestrooms shall occur unless delivery is
offered as part of the restaurant’s typical operations.
6. No service orders to the restaurant shall be processed through the hotel.
7. No restaurant charges shall be included on the hotel bill.
8. The ope ration of the restaurant shall be separate and distinct from the operation
of the Shore Hotel. The approval of Conditional Use Permit 16ENT -012 8 (“CUP”)
is applicable solely to Full of Flavor, LLC, and is not applicable to the owners of
the Shore Hotel or any of their successors in interest. Therefore, the CUP shall
terminate automatically upon the termination of the operation of the restaurant by
Full of Flavor, LLC, unless a proposed successor operator and/or tenant is
approved by the Planning Commissio n prior to the commencement of any new
operation or tenancy at 1530 2 nd Street that requires a Type 47 alcohol license. In
furtherance of achieving the objectives of this condition, the Planning Commission
may withhold approval until such time as the succ essor operator and/or tenant
provides documentation to substantiate (i) that it is legally separate and distinct
from the owners of the Shore Hotel and (ii) that its operation at 1530 2 nd Street will
be separate and distinct from the Shore Hotel. The decis ion of the Planning
Commission is appealable to the City Council.
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9. Pursuant to SMMC Section 9.41.080(B), after the proposed restaurant has been
operational for one (1) year, and then again after seven (7) years of operation if
there has been residential de velopment within 500 feet of the site, the applicant
shall provide to the City a report summarizing the restaurant’s compliance with
these conditions of approval. After submittal of the compliance report, if staff
determines that there have violations of these conditions of approval, staff shall
submit the compliance report to the Planning Commission as an information item
to enable the Planning Commission to determine whether a public hearing is
necessary. Upon review of the compliant report at this publ ic hearing, the Planning
Commission may add or revise terms and conditions to the extent necessary to
ensure effective conditions of approval.
10. Valet parking shall be provided to restaurant patrons during all hours of restaurant
operations and available at market rates comparable to prevailing rates in the
Downtown .
11. Any food deliveries from the restaurant to guests at the Shore Hotel shall be
delivered through the Ocean Avenue front door of the hotel.
12. The rear door of the restaurant shall not be used by the public for ingress and
egress , except in the case of emergencies .
13. No food discounts from the restaurant shall be made available to guests at the
Shore Hotel that are not available to the general public.
Administrative
14. The appro val of this permit shall expire if the rights granted are not ex ercised 18
months (for projects in the Coastal Zone) from the permit’s effective date. Exercise
of rights shall mean issuance of a building permit to commence construction or
actual commencem ent of the use granted by this Conditional Use Permit if a
building permit is not required.
15. 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 Offi cial
Action prepared by the City 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 s hall not thereby waive any legal rights applicant may possess
regarding said conditions. The signed Statement shall be returned to the City
Planning Division. Failure to comply with this condition shall constitute grounds
for potential permit revocation.
16. Prior to issuance of alcohol service , the applicant shall post a notice at the building
entry stating that the site is regulated by a Conditional Use Permit and the
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Statement of Official Action, which includes the establishment’s conditions of
approval, is available upon request. This notice shall remain posted at all time s
the establishment is in operation.
17. 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.
18. 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.
19. The rights associated with this approval shall expire if the establishment ceases
alcohol service for more than one year.
20. Prior to commencement of alcohol service, the applicant shall post a notice at the
building entry stating that the site is regulated by a Conditional Use Permit and the
Statement of Official Action, which includes the establishment’s conditions of
appro val, is available upon request. This notice shall remain posted at all time s the
establishment is in operation.
21. Prior to commencement of alcohol service, the operator shall submit a plan for
approval by the Director of Planning 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 program shall require all employees having contact with the public
to complete a California Department of Alcoholic Beverage Control (ABC)
sponsored alcohol awareness training program within 90 days of the effective date
of this approval. In the case of new employees, the employee shall att end the
alcohol awareness training within 90 days of hiring. In the event the ABC no longer
sponsors an alcohol awareness training program, all employees having contact
with the public shall complete an alternative program approved by the Director of
Plann ing and Community Development. The operator shall provide the City with
an annual report regarding compliance with this condition. This project shall be
subject to any future City -wide alcohol awareness training program condition
affecting similar establ ishments.
22. Prior to commencement of alcohol service, the operator 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
oper ator will inform patrons of the progra m, such as offering a free non -alcoholic
drink for every party of two or more ordering alcoholic beverages.
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23. 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
24. Applicant is advised that projects in the California Coastal Zone may need approval
of the California Coastal Commission prior to issua nce of any building permits by
the City of Santa Monica. Applicant is responsible for obtaining any such permits.
25. Applicant shall defend, indemnify, and hold harmless the City and its boards,
commissions, agents, officers, and employees (collectively, "C ity") from any
claims, actions, or proceedings (individually referenced as "Claim" and collectively
referenced as "Claims") against the City to attack, set aside, void, or annul, the
approval of 16ENT -0128 or any Claims brought against the City due to the acts or
omissions in any way connected to the Applicant's project. City shall promptly
notify the applicant of any Claim and shall cooperate fully in the defense. Nothing
contained in this paragraph prohibits the City from participating in the defense of
any Claims, if both of the following occur:
i. The City bears its own attorney's fees and costs.
ii. The City defends the action in good faith.
iii. Applicant shall not be required to pay or perform any settlement
unless the settlement is approved by the Applicant.
iv. In the event any such action is commenced to attack, set aside, void
or annul all, or any, provisions of any approvals granted for the
Project, or is commenced for any other reason against the City for
the act or omissions relating to the Applicant's proj ect, within fourteen
(14) days following notice of such action from the City, the Applicant
shall file with the City a performance bond or irrevocable letter of
credit, or other form of security satisfactory to the City ("the Security")
in a form satisfact ory to the City, and in the amount of $100,000 to
ensure applicant's performance of its defense, indemnity and hold
harmless obligations to City. The Security amount shall not limit the
Applicant's obligations to the City hereunder. The failure of the
App licant to provide the Security shall be deemed an express
acknowledgment and agreement by the Applicant that the City shall
have the authority and right, without consent of the Applicant, to
revoke the approvals granted hereunder.
Conformance with Approved P lans
26. This approval is for those plans dated September 29 , 2016, a copy of which shall
be maintained in the files of the City Planning Division. Project development shall
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be consistent with such plans, except as otherwise specified in these cond itions of
approval.
27. Minor amendments to the plans shall be subject to approval by the Director of
Planning. An increase of more than 5 % of the square footage, and increase of
seating, or a significant change in the approved concept shall be subject to
Pl anning Commission Review. Construction shall be in substantial conformance
with the plans submitted or as modified by the Planning Commission, Architectural
Review Board, or Director of Planning. No expansion in number of seats, intensity
of operation, o r outdoor areas shall occur without prior approval from the City of
Santa Monica and State ABC .
28. Project plans shall be subject to complete Code Compliance review when the
building plans are submitted for plan check and shall comply with all applicable
pr ovisions of Article IX of the Municipal Code and all other pertinent ordinances
and General Plan policies of the City of Santa Monica prior to building permit
issuance.
Fees
29. As required by California Government Code Section 66020, the project applicant
i s hereby notified that the 90 -day period has begun as of the date of the approval
of this application, in which the applicant may protest any fees, dedications,
reservations, or other exactions imposed by the City as part of the approval or as
a condition of approval of this development. The fees, dedications, reservations,
or other exactions are described in the approved plans, conditions of approval,
and/or adopted city fee schedule.
Project Operations
30. No exterior activity such as trash disposal, disp osal of bottles or noise generating
trash, deliveries, or other maintenance activity generating noise audible from the
exterior of the building shall occur during the hours of 11:00 pm to 7:00 am daily.
In addition, there shall be no outdoor cleaning of t he property with pressurized or
mechanical equipment during the hours of 9:00 pm to 7:00 am, daily. Trash
containers shall be secured with locks.
31. The primary use of the premises shall be for sit -down meal service to patrons.
32. If a counter service area is provided, food service shall be available at all hours the
counter is open for patrons, and the counter area shall not function as a separate
bar area.
33. Window or other signage visible from the public right -of -way that advertises beer
or alcohol shall n ot be permitted.
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34. Customers shall be permitted to order meals at all times and at all locations where
alcohol is being served. The establishment shall serve food to patrons during all
hours the establishment is open for customers.
35. The establishment shall maintain a kitchen or food -serving area in which a variety
of food is prepared or cooked on the premises.
36. Take out service shall be only incidental to the primary sit -down use.
37. No alcoholic beverage shall be sold for consumption beyond the premises.
38. Ex cept for special events, alcohol shall not be served in any disposable container
such as disposable plastic or paper cups.
39. No more than three television screen areas, including video projectors or similar
audio/visual devices, shall be on the premises. T he screen areas may be
comprised of a cluster of television screens that do not exceed 10 total screens
and the individual maximum screen size for each television image/screen shall not
exceed 60 inches.
40. No dancing or live entertainment beyond that allo wed in restaurant definition
contained in Section 9.04.02.030.730. Specifically, “a restaurant may provide
music or other entertainment if: 1) there is sit down meal service provided at all
times while the entertainment is taking place; 2) there is no dan cing or dance floor;
3) there is no cover charge or minimum drink purchase requirement; and 4) the
entertainment is provided only in the dining areas.”
41. No video or other amusement games shall be permitted on the premises.
42. The primary use of any outdoor dining area shall be for seated meal service.
Patrons who are standing in the outdoor seating area shall not be served.
43. 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. The owner shall prohibit loitering in the parking area and shall control
noisy patrons leaving the establishment.
44. No more than 35% of total gross revenues per year shall be from alcohol sales.
The operator shall maintain records of gross revenue sources which shall be
submitted annually to the City of Santa Monica City Planning Division at the
beginning of the calendar year and also available to the City of Santa Monica and
the State ABC upon request.
45. Liqu or bottle service shall be prohibited. Wine and beer bottle service shall not be
available to patrons unless full meal service is provided concurrent with the Bottle
service. Bottle service shall mean the service of any full bottle of liquor, wine, or
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beer of more than 375 ml, along with glass ware, mixers, garnishes, etc., in which
patrons are able to then make their own drinks or pour their own wine or beer. All
food items shall be available from the full service menu.
46. No organized queuing of patrons at the entry or checking of identification to control
entry into and within the establishment shall be permitted. There shall not be any
age limitation imposed restricting access to any portion of the restaurant.
47. There shall be no cover charge or minimum dri nk purchase requirement.
48. Any minimum purchase requirement may be satisfied by the purchase of
beverages or food.
49. The restaurant shall not organize or participate in organized “pub -crawl” events
where participants or customers pre -purchase tickets or toke ns to be exchanged
for alcoholic beverages at the establishment.
50. Notices shall be prominently displayed urging patrons to leave the premises and
neighborhood in a quiet, peaceful, and orderly fashion and to please not litter or
block driveways in the neig hborhood.
51. Employees of the establishment shall walk a 100 -foot radius from the facility at
some point prior to 30 minutes after closing and shall pick up and dispose of any
discarded beverage containers and other trash left by patrons.
52. Applicant is on no tice that all signage, both permanent and temporary, is subject
to the restrictions of the City sign ordinance.
53. The project shall at all times comply with the provisions of the Noise Ordinance
(SMMC Chapter 4.12).
54. Pursuant to SMMC Section 4.12 (Noise), e stablishments with amplified music may
be required to provide entrances and exits, except exits which are solely
emergency exits, designed as two -door vestibules, so that only one set of doors is
open at a time. Doors shall be of solid core design. Windows shall be constructed
with double -paned glass.
Construction Plan Requirements
55. Any new restaurant at the site with fewer than 50 seats capacity shall install a
grease interceptor with minimum 750 gallons static holding capacity in order to
pretreat sewered grease. Facilities with greater than 50 seats are required to
install an inte rceptor with 1000 gallons minimum holding capacity. The Public
Works Department may modify the above requirements only for good cause.
Specifically, the facility must demonstrate to the satisfaction of the Industrial Waste
Section and Building and Safety Division that interceptor installation is not feasible
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at the site in question. In such cases where modifications are granted, grease
traps will be required in the place of an interceptor. Building permit plans shall
show the required installation.
Sta nd ard Conditions
56. The property owner shall insure any graffiti on the site is promptly removed through
compliance with the City’s graffiti removal program.
Police
57. Prior to the commencement of alcohol service, a security plan shall be submitted
to the Ch ief of Police for review and approval. The plan shall address both physical
and operational security issues.
58. Prior to the commencement of alcohol service, the applicant shall participate in the
Santa Monica Alcohol Awareness for Retailers Training (S.M.A .A.R.T) program
conducted by the Santa Monica Police Department .
Compliance
59. The applicant authorizes reasonable City inspection of the property to ensure
compliance with the conditions of approval imposed by the City in approving this
project and will be ar the reasonable cost of these inspections as established by
Santa Monica Municipal Code Section 2.72.010 and Resolution No. 9905 (CCS)
or any successor legislation thereto. These inspections shall be no more intrusive
than necessary to ensure compliance with conditions of approval.
VOTE
Ayes: Davis, O’Connor, O’ Day, Mayor Winterer
Nays: Himmelrich, McKeown, Vazquez
Abstain:
Absent:
NOTICE
If this is a final decision not subject to further appeal under the City of Santa Monica
Comprehensive Land Use and Zoning Ordinance, the time within which judicial review of
this decision must be sought is governed by Code of Civil Procedure Section 1094.6,
which provision has been adopted by the City pursuant to Municipal Code Section
1.16.010.
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I hereby certi fy that this Statement of Official Action accurately reflects the final
determination of the City Council of the City of Santa Monica.
_____________________________ _____________________________
Denise Anderson -Warren Date
City Clerk
Acknowledgement by Permit Holder
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.
Print Name and Title Date
Applicant’s Signature