ITEM 7-C
Council Mtg: September 29, 1992
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Appeal of a Planning Commission Denial of Conditional
Use Permit to allow a Type 41, On-Sale Beer and Wine
for Bona Fide Public Eating Place alcohol license for a
proposed 2,275 sq.ft., 100 seat restaurant in an
existing 6,570 sq.ft. commercial building.
Address: 1333 Third Street Promenade
Applicant: Vic Watana
Appellant: Vic Watana
INTRODUCTION
This is an appeal of a Planning Commission denial of a
Conditional Use Permit to allow a Type 41, On-Sale Beer and Wine
for Bona Fide Public Eating Place alcohol license for a proposed
2,275 square foot, 100 seat restaurant in an existing 6,570
sq.ft. commercial building at 1333 Third Street Promenade.
This report recommends that the City Council approve the appeal
and approve Conditional Use Permit 92-010 to allow a Type 41,
On-Sale Beer and Wine for Bona Fide Public Eating Place alcohol
license.
BACKGROUND
Conditional Use Permit 92-010 to allow a Type 41, On-Sale Beer
and Wine for Bona Fide Public Eating Place alcohol license for a
proposed 2,275 square foot, 100 seat restaurant in an existing
commercial building was denied by the Planning Commission on July
1, 1992 (Attachment A). The Commission's action was a technical
denial as the motion to approve with staff findings and
conditions failed to pass with the required four votes. The vote
was 3 to 2 (with two members absent) in favor of approval of the
CUP.
On April 20, 1992, an Administrative Approval was granted to
permit a change of use from retail to a 100 seat restaurant in an
existing 6,750 square foot commercial building. The CUP is
necessary for on-site sale of alcohol. A full-service restaurant
including an outdoor dining area with no proposed bar area or
entertainment is proposed.
APPEAL ISSUES
The applicant appealed the Commission's action on July 6, 1992
(Attachment B). The reasons for the appeal include: that the
approval was recommended by the Planning and Zoning Division;
that the application meets all City ordinances; that the
restaurant was one of four alcohol applications pending
Commission review and included in the Commission's limit on the
number of alcohol outlets in the downtown area; and that a
similar restaurant on the Third Street Promenade was approved at
the same Planning Commission hearing.
Staff had recommended that the Planning Commission approve CUP
92-010 to allow a Type 41, On-Sale Beer and Wine for Bona Fide
Public Eating Place alcohol license for the proposed full-service
restaurant (Attachment C). The recommendation was based on
findings that the proposed on-sale of alcohol was ancillary to
the main purpose of meal service, that there would be minimal
negative impacts on the surrounding district, as there is no
proposed bar area and proposed hours are 11:00 a.m. to 12:00
a.m., that restaurant uses are encouraged by the General Plan and
the Third Street Mall Specific Plan and that the use is proposed
for an existing commercial building with all amenities on-site
(Attachment C). The proposal is similar to other full-service
restaurant alcohol outlets within a 500' site radius and is not
located in close proximity to residential areas. The Police
Department did not have an objection to the restaurant as long as
it remains a full-service restaurant.
At the time the Commission acted, the alcohol CUP application was
one of four applications pending review by the Planning
Commission. The Commission proposed changes to the Bayside
District Plan on June 17, 1992 including a recommendation that
the number of alcohol outlets for the Third Street Promenade
remain at existing levels, plus the possible addition of up to
four alcohol outlets (Attachment C), including this application.
The application is exempt from the City Council's moratorium on
new restaurants in the Bayside District, as the Administrative
Approval was granted for a change of use to restaurant prior to
August 11, 1992.
SUMMARY AND CONCLUSION
Conditional Use Permit 92-010 was subject to a technical denial
by the Planning Commission on July 7, 1992. The applicant
appealed the decision based on the staff recommendation for
approval of the application, that the restaurant was within the
limits of alcohol outlets proposed by the Planning Commission,
and that a similar restaurant on the Promenade was approved at
the July 7, 1992 hearing. Limited alcohol service (beer and wine
only) is proposed as an ancillary use to meals service for the
restaurant and no bar area or entertainment is proposed.
BUDGET/FINANCIAL IMPACT
The recommendation presented in this report does not have any
budget or fiscal impact.
REQUIRED NOTIFICATION
Pursuant to Municipal Code Section 9131.5, notice of the City
Council meeting was mailed to all owners and residential and
commercial tenants of property located within a 500 foot radius
of the project at least ten consecutive calendar days prior to
the City Council meeting. A copy of the notice is contained in
Attachment A.
RECOMMENDATION
It is respectfully recommended that the Council approve the
appeal and approve Conditional Use Permit 92-010 to allow a Type
41, On-Sale Beer and Wine for Bona Fide Public Eating Place
alcohol license for the proposed 2,275 square foot full service
restaurant at 1333 Third Street Promenade with the following
findings and conditions:
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" and the Third Street Mall
Specific Plan, in that sale of alcohol as a complimentary
item with meal service for the proposed restaurant should
not result in adverse conditions.
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 restaurant uses are encouraged for the
C3-C Downtown Overlay District. The primary use of the
2,275 sq.ft., 100 seat restaurant will be to provide bona
fide meal service with ancillary alcohol service. The on-
site alcohol use should not impair the surrounding dis-
trict provided that the alcohol use does not become
primary in nature and remains ancillary to that of dining.
3. The subject parcel is physically suitable for the type of
land use being proposed, in that the proposal is for an
existing 6,750 sq.ft. commercial structure on a level
parcel.
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 the proposal is for an existing
6,750 sq.ft. commercial structure with no alterations to
the existing structure.
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 proposal is for a permiited 100 seat restaurant within
an existing 6,750 sq.ft. commercial structure conforming
and on-site sale of alcohol ancillary to the primary use
of meals service.
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 all amenities will be provided on-site for the
proposal.
7. Public access to the proposed use will be adequate, in
that the proposed restaurant will be adequately served by
Municipal Parking Structure No. 3 to the east of the
parcel.
8. The physical location or placement of the use on the site
is compatible with and relates harmoniously to the sur-
rounding neighborhood, in that the 100 seat restaurant
with a Type 41 On-Sale Beer & Wine for Bona Fide Public
Eating Place alcohol license is for an existing commercial
structure, in that permitted restaurant uses in the C3-C
district are encouraged by the General Plan and the Third
Street Mall Specific Plan and in that the proposed on-sale
of alcohol is incidental to that of meal service.
9. The proposed use is consistent with the goals, objectives,
and policies of the General Plan, in that uses which pro-
mote economic activity, including permitted restaurant
uses in the C3-C district, are encouraged by the General
Plan and the Third Street Mall Specific Plan and in that
the proposed alcohol use is incidental and ancillary to
that of meal service.
10. The proposed use would not be detrimental to the public
interest, health, safety, convenience, or general welfare,
in that the hours of operation do not exceed 11 a.m. to 12
p.m., Monday through Sunday, no bar area or entertainment
is proposed and conditions of approval for the alcohol
license would mitigate possible negative impacts on sur-
rounding uses.
11. The proposed use conforms precisely to the applicable per-
formance standards contained in Subchapter 6, Section 9050
and special conditions outlined in Subchapter 7, Section
9055 of the City of Santa Monica Comprehensive Land Use
and Zoning Ordinance, in that this use is not governed by
the applicable chapters.
12. The proposed use will not result in an overconcentration
of such uses in the immediate vicinity, in that there are
twenty (20) alcohol licenses within a 500' radius of the
site of which ten (10) are Type 47, On-Sale General for
Public Eating Place, nine (9) are Type 41, On-Sale Beer
and Wine for Public Eating Place and one (1) are Type 48,
On-Sale General for Public Premises consisting of 20 res-
taurants with ancillary alcohol use to meals service, in
that the proposed restaurant with on-sale of alcohol will
remain ancillary to the primary use of meal service, and
in that the project is located in the downtown area
characterized by numerous businesses and large numbers of
people frequenting the area for services.
ALCOHOL OUTLET FINDINGS
1. The proposed use and location are in accordance with good
zoning practice, in the public interest, and necessary
that substantial justice be done in that the proposed
restaurant is a permitted use in the C3-C district, and
the on-site sale of alcohol is proposed as ancillary to
the primary use of meal service.
2. The proposed use will not adversely affect the welfare of
neighborhood residents in a significant manner in that
alcohol sales will occur in a controlled manner for the
proposed 2,275 sq.ft. 100 seat restaurant with no bar area
or entertainment and in that conditions of approval will
mitigate potential negative impacts.
3. The proposed use will not contribute to an undue
concentration of alcohol outlets in the area in that there
are twenty (20) alcohol license within a 500' radius of
the site of which ten (10) are Type 47, On-Sale General
for Public Eating Place, nine (9) are Type 41, On-Sale
Beer and Wine for Public Eating Place and one (1) are Type
48, On-Sale General for Public Premises consisting of 19
restaurants with ancillary alcohol use to meals service,
in that the proposed restaurant with on-sale of alcohol
will remain ancillary to the primary use of meal service,
and in that the project is located in the downtown area
characterized by numerous businesses and large numbers of
people frequenting the area for services.
4. 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 there is one church located within the
500' site radius and in that the conditions for approval
including hours of operation will minimize potential
negative effects on such use.
5. The proposed use is compatible with existing and potential
uses within the general area in that the proposal is for a
permitted 100 seat restaurant within an existing 6,750
sq.ft. commercial structure conforming and on-site sale of
alcohol ancillary to the primary use of meals service.
6. Traffic and parking congestion will not result from the
proposed use in that the proposed restaurant will be
adequately served by Municipal Parking Structure No. 3 to
the east of the parcel, as well as other structures.
7. The public health, safety, and general welfare are
protected in that hours of operation do not exceed 11 a.m.
to 12 p.m., Monday through Sunday, no bar area or
entertainment is proposed and conditions of approval for
the alcohol license would mitigate possible negative
impacts on surrounding uses.
8. No harm to adjacent properties will result in that the
proposal is for a 100 seat full-service restaurant in an
existing commercial structure with on-sale of alcohol
proposed as ancillary to the primary use of meal service
and in that conditions of approval will mitigate potential
negative impacts on adjacent properties.
9. The proposed use is consistent with the objectives of the
General Plan and the Third Street Mall Specific Plan in
that uses which promote economic activity, including
permitted restaurant uses in the C3-C district, are
encouraged by the General Plan and the Third Street Mall
Specific Plan and in that the proposed alcohol use is
incidental and ancillary to that of meal service.
ALCOHOL OUTLET CONDITIONS
1. The owner shall prohibit loitering and shall control noisy
patrons leaving the restaurant.
2. The primary use of the premises shall be for sit-down meal
service to patrons. Alcohol shall not be served to
persons except those intending to purchase meals.
3. The premises shall maintain a kitchen or food-serving area
in which a variety of food is prepared and cooked on the
premises.
4. The premises shall serve food to patrons during all hours
the establishment is open for customers.
5. Seating arrangements for sit-down patrons shall not exceed
100 seats, consisting of eighty interior seats and twenty
outdoor courtyard seats.
6. Take out service shall be only incidental to the primary
sit-down use.
7. No alcoholic beverage shall be sold for consumption beyond
the premises.
8. No dancing or live entertainment shall be permitted on the
premises.
9. The primary use of the outdoor dining area shall be for
seated meals service. Patrons who are standing in the
outdoor seating area shall not be served.
10. Permitted hours shall be 11 a.m. to 12 p.m. Monday through
Sunday. No "after hours" operations shall be permitted.
Alcohol service to any outdoor seating area adjacent to a
public street or sidewalk shall cease one hour in advance
of the operating hours otherwise permitted.
11. No expansion in number of seats, intensity of operation,
or outdoor areas shall occur without prior approval from
the City of Santa Monica and State ABC.
12. Prior to issuance of a Certificate of Occupancy, or a
business license, as applicable, a security plan shall be
submitted to the Chief of Police for review and approval.
The plan shall address both physical and operational
security issues.
13. Prior to issuance of a Certificate of Occupancy, or a
business license, as applicable, 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 operator shall provide City with an annual compliance
report regarding compliance with this condition. This
project shall be subject to any future City-wide alcohol
awareness training program condition affecting similar
establishments. The plan shall also set forth a
"designated driver" program, which shall be offered by the
operator of the establishment to patrons.
14. Final plans for any changes to exterior design,
landscaping, trash enclosures, and/or signage shall be
subject to review and approval by the Architectural Review
Board.
15. Final plans for outdoor seating shall be subject to
approval of the Bayside District Corporation, General
Services Department, Resource Management Department and
the Architectural Review Board.
16. Minor amendments to the plans shall be subject to approval
by the Director of Planning. An increase of more than 10%
of the square footage or a significant change in the
approved concept shall be subject to Planning 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.
17. The applicant shall comply with all legal requirements
regarding provisions for the disabled, including those set
forth in the California Administrative Code, Title 24,
Part 2.
18. Refuse areas, storage areas, and mechanical equipment
shall be screened in accordance with Sec. 9127J.2-4
(SMMC). Refuse areas shall be of a size adequate to meet
on-site need.
19. 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.
20. No noise generating compressors or other such equipment
shall be placed adjacent to neighboring residential
buildings.
21. Alcohol shall not be served in any disposable container
such as disposable plastic or paper cups.
22. No video or other amusement games shall be permitted on
the premises.
23. Within thirty (30) days from date of approval (if
approved) the applicant shall provide a copy of the
Statement of Official Action for this approval to the
local office of the State Alcoholic Beverage Control
department.
24. This permit shall expire one year from the effective date
of approval unless required ABC permits are obtained. One
ninety (90) day extension of the one year period may be
permitted if approved by the Director of Planning.
Applicant is on notice that an extension may not be
granted if development standards relevant to the project
have changed since project approval.
25. Applicant is on notice that all temporary signage is
subject to the restrictions of the City sign ordinance.
26. 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 interceptor with 1000 gallons mini-
mum holding capacity. The General Services Department may
modify the above requirements only for good cause.
Specifically, the facility must demonstrate to the satis-
faction of the Industrial Waste Section and Building and
Safety Division that interceptor installation is not
feasible 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.
ATTACHMENTS:
A. Statement of Official Action dated July 1, 1992.
B. Appeal form dated July 6, 1992.
C. Staff Memorandum to Planning Commission dated July 1, 1992
D. Notice of Development Proposal dated September 29, 1992.
E. Site Plan and Floor Plans
Prepared by: D. Kenyon Webster, Planning Manager
Susan White, Assistant Planner
Planning and Zoning Division
Land Use and Transportation Management Department