ITEM 6-G
Council Mtg: May 23, 1995 Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Findings and Conditions for Council Approval of
Conditional Use Permit 94-017, 1233 Third Street
Promenade
Applicant: Richard Grossi/Santa Monica Sports Club
Appellant: Richard Grossi/Santa Monica Sports Club
INTRODUCTION
This report recommends that the City Council adopt the findings
and conditions contained herein pursuant to the Council's April
11 approval of CUP 94-017 to allow the establishment of a Type 41
(On-Sale Beer and Wine for a Bona Fide Public Eating Place)
alcohol license to be issued in conjunction with an existing
cafe/juice bar within a sports club located on the second floor.
The Council approved the proposal on appeal from a Planning
Commission denial and staff was directed to return with findings
and conditions.
RECOMMENDATION
It is respectfully recommended that the Council adopt the
following findings and conditions pursuant to the Council's April
11, 1995 approval of CUP 94-017:
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 food service is conditionally permitted
in the C3C district of the Zoning Ordinance and in the
Third Street Mall Specific Plan.
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 C3C district permits food uses,
and alcohol service will be ancillary to the food service
function of the establishment and the general objectives
of the Third Street Mall Specific Plan include extension
of the active period of the Third Street Mall into
nighttime hours, stimulation of improved economic activity
on the Mall and generation of new job and business
opportunities for community residents.
3. The subject parcel is physically suitable for the type of
land use being proposed, in that the parcel is a standard
lot with no unusual characteristics and is a developed
site.
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 present land use is a gymnasium
with a cafe and the proposed use would be located within
the food-serving portion of the existing commercial use.
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 zoning of the site conditionally permits the issuance
of an alcohol license in association with an existing food
service facility and that Third Street Mall Specific Plan
Policy 4.1.8 encourages the development of restaurants
above the first floor.
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
adequately served by existing infrastructure.
7. Public access to the proposed use will be adequate, in
that the subject property is within the Downtown Parking
Assessment District and therefore, parking will be
provided in nearby City parking structures on Fourth
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 proposed alcohol
license will be for an existing food service area within a
gymnasium, which is consistent with the C3C district
zoning.
9. The proposed use is consistent with the goals, objectives,
and policies of the General Plan, in that Land Use Element
Policy 1.4.1 of the General Plan encourages restaurant
uses along the Third Street Promenade as key toward
revitalization and the subject proposal is alcohol service
within the food service component of an existing
establishment.
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, the Third Street Specific Mall Plan and the
Land Use Element of the General Plan which encourage
restaurant uses to serve as a focal point in the downtown
area.
11. The proposed use conforms precisely to the applicable
performance standards contained in Subchapter 9.04.12 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
proposed alcohol license will be for the expansion of an
existing food service area only with no increase in the
square footage of the establishment, no dancing or live
music and in that the area is in the commercial core of
Santa Monica which is frequented by large numbers of local
residents as well as office workers, shoppers, and
visitors from outside the City. Furthermore, this type of
outlet has not contributed significantly to alcohol
related problems in the area.
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 alcohol service within an existing
food service facility with no separate customer service
bar area, dancing or live music.
2. 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, and that the
conditions of approval require the establishment to cease
alcohol service at 1:00 a.m. Sunday through Thursday and
2:00 a.m. on Fridays and Saturdays, consistent with the
requirements for other such establishments on the Third
Street Promenade.
3. The proposed use will not contribute to an undue
concentration of alcohol outlets in the area in that
alcohol service within an existing food service
establishment with no dancing and live music is not
typically considered to contribute to objectionable
problems associated with alcohol outlets, and in that the
area is in the downtown core of Santa Monica which is
frequented by large numbers of local residents as well as
office workers, shoppers, and visitors from outside the
area. Furthermore, this type of outlet has not
contributed significantly to alcohol related problems in
the area.
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 the conditions for approval, such as the
requirement that the establishment operate with no
separate bar area for customer service and no dancing or
live music, will minimize the potential affect on the
residential uses in the vicinity.
5. The proposed use is compatible with existing and potential
uses within the general area in that the allowance of beer
and wine service within an existing food service
establishment located in the City's commercial core is
compatible with permitted uses and other existing dining
and bar uses in the area.
6. Traffic and parking congestion will not result from the
proposed use in that parking for the use is available in
nearby City parking structures as part of the downtown
parking Assessment District.
7. The public health, safety, and general welfare are
protected in that the project is consistent with the
provisions of the Zoning Ordinance, the Third Street Mall
Specific Plan and the Land Use Element of the General
Plan, which encourage restaurant uses to serve as a focal
point in the downtown and beer and wine service will be
incidental to the primary use of the food-service
component of the existing business.
8. No harm to adjacent properties will result in that the
conditions of approval will ensure that the establishment
operates as a food serving establishment and gymnasium,
consistent with the Third Street Mall Specific Plan.
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 Downtown area as a focus of activity
in the City, both day and night.
CONDITIONS OF APPROVAL
1. This approval is for those plans dated April 11, 1995, a
copy of which shall be maintained in the files of the Plan-
ning and Zoning Division. Project development shall be
consistent with such plans, except as otherwise specified in
these conditions of approval.
2. The Plans shall comply with all other provisions of Chapter
1, Article IX of the Municipal Code, (Zoning Ordinance) and
all other pertinent ordinances and General Plan policies of
the City of Santa Monica.
Architectural Review Board
3. Prior to consideration of the project by the Architectural
Review Board, the applicant shall review disabled access
requirements with the Building and Safety Division and make
any necessary changes in the project design to achieve
compliance with such requirements. The Architectural
Review Board, in its review, shall pay particular attention
to the aesthetic, landscaping, and setback impacts of any
ramps or other features necessitated by accessibility
requirements.
5. Construction period signage shall be subject to the
approval of the Architectural Review Board.
6. Plans for final design, landscaping, screening, trash
enclosures, and signage shall be subject to review and
approval by the Architectural Review Board.
8. The Architectural Review Board, in its review, shall pay
particular attention to the project's pedestrian
orientation and amenities; scale and articulation of design
elements; exterior colors, textures and materials; window
treatment; glazing; and landscaping.
9. Refuse areas, storage areas and mechanical equipment shall
screened in accordance with SMMC Section 9.04.10.02.130-
90.04.10.02.150. Refuse areas shall be of a size adequate
to meet on-site need, including recycling. The
Architectural Review Board in its review shall pay particu-
lar attention to the screening of such areas and equipment.
Any rooftop mechanical equipment shall be minimized in
height and area, and shall be located in such a way as to
minimize noise and visual impacts to surrounding
properties. Unless otherwise approved by the Architectural
Review Board, rooftop mechanical equipment shall be located
at least five feet from the edge of the roof.
Environmental Mitigation
10. Ultra-low flow plumbing fixtures are required on all new
development and remodeling where plumbing is to be added.
(Maximum 1.6 gallon toilets and 1.0 gallon urinals and low
flow shower head.)
Miscellaneous Conditions
11. The building address shall be painted on the roof of the
building and shall measure four feet by eight feet (32
square feet).
Validity of Permits
12. 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.
13. Within ten days of Planning and Zoning Division transmittal
of the approved Statement of Official Action, project
applicant shall sign and return a copy of the Statement of
Official Action prepared by the Planning and Zoning
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 shall not
thereby waive any legal rights applicant may possess
regarding said conditions. The signed Statement shall be
returned to the Planning and Zoning Division. Failure to
comply with this condition may constitute grounds for
potential permit revocation.
14. 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, including all project
conditions of approval. The sign shall remain posted as
long as the premises serves alcohol.
15. 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.
ALCOHOL OUTLET CONDITIONS
1. The restaurant shall not serve alcoholic beverages in the
bar area after midnight but may continue to sell alcoholic
beverages in the dining area.
2. Customers shall be permitted to order meals at the bar at
all times the bar or restaurant is open for business.
3. The owner shall prohibit loitering at the entrance and
shall control noisy patrons leaving the restaurant.
4. The primary use of the premises shall be a gymnasium with
incidental sit-down meal service to patrons of the
gymnasium and the general public. Alcohol shall not be
served to persons except those intending to purchase meals,
and shall be served only in the area of the establishment
identified on the plans as dining area. This Conditional
Use Permit shall only be valid if the primary use of the
space is for a health club and the dining is incidental to
the health club use.
5. In order to maintain the primary use of the premises for
sit-down meal service, patrons shall not be permitted to
use the bar unless they are waiting to be seated for meal
services, or unless they are ordering food at the bar.
6. The premises shall maintain a kitchen or food-serving area
in which a variety of food is prepared and cooked on the
premises.
7. The premises shall serve food to patrons during all hours
the food-serving component of the establishment is open for
customers. No alcohol shall be served to a patron unless
that patron is also ordering a meal.
8. Seating arrangements for sit-down patrons shall not exceed
31 seats. Bar area seating shall not exceed 9 seats;
restaurant seating shall not exceed 22 seats.
9. Take out service shall be only incidental to the primary
sit-down use.
10. No alcoholic beverage shall be sold for consumption beyond
the premises.
11. No dancing or live entertainment shall be permitted on the
premises.
12. Permitted hours of alcohol service shall be 6 a.m. to 1:00
a.m. Sunday-Thursday, and 6 a.m. to 2:00 a.m. Friday and
Saturday. No "after hours" operations shall be permitted.
Alcohol service on the balcony shall cease one hour in
advance of the operating hours otherwise permitted.
13. Prior to any sales of alcohol, 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.
14. Prior to any sales of alcohol, 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 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 establishments.
15. Prior to any sales of alcohol, 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 operator will inform patrons of the program, such as
offering on the menu a free non-alcoholic drink for every
party of two or more ordering alcoholic beverages.
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. 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. Except for special events, alcohol shall not be served in
any disposable container such as disposable plastic or
paper cups.
18. No more than three video or other amusement games shall be
permitted on the premises.
19. Any minimum purchase requirement may be satisfied by the
purchase of beverages or food.
20. 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 available to the City
of Santa Monica and the State ABC upon request.
21. The project shall at all times comply with the provisions
of the Noise Ordinance (SMMC Chapter 4.12).
22. 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. This CUP shall be no longer valid if
the ABC does not approve an alcohol license for the
premises.
23. 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.
24. Applicant is on notice that all temporary signage is
subject to the restrictions of the City sign ordinance.
Prepared by: Suzanne Frick, Director
D. Kenyon Webster, Planning Manager
Drummond Buckley, Planning & Zoning Division
Planning and Community Development Department