ITEM 6-F
Council Mtg: November 10, 1992
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Certification of Statement of Official Action for
Appeal of Conditional Use Permit 92-026 and Reduced
Parking Permit 92-002, 250 Santa Monica Pier.
INTRODUCTION
This report transmits for City Council certification the
Statement of Official Action for the appeal of Conditional Use
Permit 92-026 and Reduced Parking Permit 92-002, to permit the
operation of a 376-seat restaurant and cabaret with a Type-47
alcohol license at 250 Santa Monica Pier. The project was
approved by the Planning Commission on August 26, 1992. On
September 9, 1992 the Planning Commission approval was appealed
to the City Council and on October 27, 1992 the City Council
denied the appeal and upheld the Planning Commission approval.
RECOMMENDATION
It is respectfully recommended that the City Council approve the
attached Statement of Official Action which contains findings for
the approval of Conditional Use Permit 92-026 and Reduced Parking
Permit 92-002.
Prepared by: Paul Berlant, Director of Land Use and
Transportation Management
D. Kenyon Webster, Planning Manager
David Martin, Associate Planner
CITY COUNCIL
STATEMENT OF OFFICIAL ACTION
PROJECT
CASE NUMBER: Conditional Use Permit 92-026
Reduced Parking Permit 92-002
LOCATION: 250 Santa Monica Pier
APPLICANT: Ash Grove Enterprises/City of Santa Monica
CASE PLANNER: David Martin, Associate Planner
REQUEST: Application for a Conditional Use Permit and
Reduced Parking Permit to allow the issuance
of a Type-47 alcohol license for a 376-seat
cabaret and restaurant.
CEQA STATUS: The project is categorically exempt pursuant
to Class 1(14) of the City of Santa Monica
Guidelines for Implementation of CEQA.
CITY COUNCIL ACTION
10/27/92 Date.
Approved based on the following findings and
subject to the conditions below.
Denied.
XX Appeal denied; Planning Commission approval up-
held based on the following findings and subject
to the conditions below:
EFFECTIVE DATES OF ACTIONS:
10/27/92 Case #CUP 92-026
10/27/92 Case #RPP 92-002
EXPIRATION DATES OF ANY PERMITS GRANTED:
10/27/93 Case #CUP 92-026
10/27/93 Case #RPP 92-002
LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATES:
Any request for an extension of the expiration date must be
received in the Planning and Zoning Division prior to expiration
of this permit.
3 Months Case #CUP 92-026
6 Months Case #RPP 92-002
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 an alcohol license in
conjunction with a restaurant and entertainment use in
conditionally permitted in the RVC District.
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 alcohol license will be used in
conjunction with a restaurant and entertainment use, which
is permitted in the RVC District.
3. The subject parcel is physically suitable for the type of
land use being proposed, in that the alcohol license will
be used in conjunction with a restaurant and entertainment
use located on the Santa Monica Pier platform, which is
suitable and intended for such a 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 remain, in that the restaurant and entertainment
use will be compatible with other uses on the Pier, which
include such visitor serving facilities as shops, res-
taurants and services.
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 cabaret/restaurant will be located in the Residential-
Visitor Commercial District, which allows restaurant and
entertainment uses and conditionally permits alcohol
outlets.
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 site is located in an urbanized area, ade-
quately served by existing infrastructure.
7. Public access to the proposed use will be adequate, in
that the existing access to the Pier is adequate to serve
the proposed use.
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 restaurant and enter-
tainment use will be located in an existing building, and
adjacent uses will not be adversely impacted by the pro-
posed use.
9. The proposed use is consistent with the goals, objectives,
and policies of the General Plan, in that the project is
located in the Oceanfront District, which encourages
visitor-serving entertainment uses.
10. The proposed use would not be detrimental to the public
interest, health, safety, convenience, or general welfare,
in that the use is consistent with the Zoning Ordinance
and the Land Use Element of the General Plan.
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 no performance standard
permit is required.
12. The proposed use will not result in an overconcentration
of such uses in the immediate vicinity, in that the serv-
ing of alcohol from the subject establishment will be an-
cillary to the primary use of the premises, which will be
as a restaurant and entertainment facility.
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 alcohol
license will be for a previously approved restaurant with
a cabaret.
2. The proposed use will not adversely affect the welfare of
neighborhood residents in a significant manner in that
there are no residents within 500' of the restaurant.
3. The proposed use will not contribute to an undue
concentration of alcohol outlets in the area in that the
restaurant is located on the Santa Monica Pier, which
serves a regional population of over two million people
per year.
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 are no residential buildings,
churches, schools, or hospitals in the immediate area,
and the issuance of a Type 47 alcohol license which only
allows on site consumption of alcohol will not
detrimentally affect the public beach since it allows
on-site consumption only and in that the conditions for
approval such as the hours of operation, server training
requirements and limitations on the percentage of alcohol
to gross sales that can be sold will minimize the
potential affect on the nearest residential uses.
5. The proposed use is compatible with existing and potential
uses within the general area in that the restaurant will
be located on the Santa Monica Pier which contains several
restaurants, shops and other visitor serving uses.
6. Traffic and parking congestion will not result from the
proposed use in that the Pier is served by existing
streets and parking is available on the Pier and in the
parking lots adjacent to the Pier.
7. 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.
8. No harm to adjacent properties will result in that the
conditions of approval will ensure that the establishment
operates as a bona fide restaurant with a cabaret.
9. The proposed use is consistent with the objectives of the
General Plan in that the Land Use Element of the General
Plan designates the area as the Ocean Front District, and
encourages uses that serve visitors and residents.
REDUCED PARKING PERMIT FINDINGS
1. A sufficient number of spaces are provided to meet the
greater parking demand of the participating uses in that
the shared parking analysis contained in the Pier
Development project EIR concludes that the peak period
parking demand for the existing Pier uses and the Ash
Grove and Sinbad's project would be 1,040 spaces, and
there are currently a total of 1,210 spaces available.
2. Satisfactory evidence has been submitted by the parties
operating the shared parking facility, describing the
nature of the uses and times when the uses operate so as
to demonstrate the lack of conflict between them in that
the shared parking arrangement was analyzed in the Pier
Project EIR, and this analysis indicated there would be
sufficient parking spaces available.
ALCOHOL OUTLET CONDITIONS
1. The premises shall maintain a kitchen or food-serving area
in which a variety of food is prepared and cooked on the
premises.
2. The premises shall serve food to patrons during all hours
the establishment is open for customers.
3. Seating arrangements for sit-down patrons shall not exceed
376 seats.
4. Take out service shall be only incidental to the primary
sit-down use.
5. No alcoholic beverage shall be sold for consumption beyond
the premises.
6. 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 except during
private parties when the general public is not admitted.
7. The outdoor patios must be adequately secured to prohibit
contact with non-patrons, and door security must be
provided at all times during hours when alcoholic
beverages are being served.
8. Hours of alcoholic beverage service shall be 6 a.m. to
2:00 a.m., seven days a week.
9. No more than 50% of gross revenues shall be from alcohol
sales. The operator shall maintain records of gross
revenue sources which shall be available to the City of
Santa Monica and the State ABC upon request.
10. Alcohol shall not be served in any disposable container
such as disposable plastic or paper cups, unless it is
purchased at a walk-up counter, in which case it shall be
sold in a distinct cup. Alcohol shall not be served at
walk-up counters in cans or bottles.
11. No more than three video or other amusement games shall be
permitted on the premises.
12. 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.
13. 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.
14. Applicant is on notice that all temporary signage is
subject to the restrictions of the City sign ordinance.
15. Any new restaurant at the site with greater than 50 seats
is required to install an interceptor with 1000 gallons
minimum 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.
16. 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.
17. Prior to issuance of a business license, 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.
18. Prior to issuance of a business license, 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.
19. Final plans for any changes to exterior design,
landscaping, trash enclosures, and/or signage shall be
subject to review and approval by the Landmarks
Commission.
20. 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.
21. 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.
22. 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.
23. 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.
24. For any minimum purchase per patron, the establishment
shall permit the minimum to be satisfied with the purchase
of food, as well as alcoholic and non-alcoholic beverages.
25. A queuing plan for the facility shall be approved by the
Pier Restoration Corporation Director prior to the
issuance of Certificate of Occupancy.
Special Conditions
26. No alcoholic beverages shall be consumed on any property
adjacent to the licensed premises under the control of the
licensee.
27. Amplified music shall not exceed levels prescribed in the
City of Santa Monica noise ordinance.
28. There shall be no exterior advertising of any kind or
type, including advertising directed to the exterior from
within, promoting or indicating the availability of
alcoholic beverages.
VOTE
Ayes: Abdo, Genser, Holbrook, Vazquez, Zane
Nays: Olsen
Abstain:
Absent: Katz
NOTICE
If this is a final decision not subject to further appeal under
the City of Santa Monica Comprehensive Land Use and Zoning Or-
dinance, 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 1400.
I hereby certify that this Statement of Official Action accurate-
ly reflects the final determination of the Planning Commission of
the City of Santa Monica.
signature date
Ken Genser, Mayor
Please Print Name and Title
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