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PROJECT INFORAMTION CASE NUMBER: Conditional Use Permit 06-008
LOCATION: APPLICANT: Magicopolis,
Steve Spill Property Owner: Hannah
Gordon CASE PLANNER: REQUEST: Conditional Use Permit 06-008 to allow the on-site sale
and consumption of beer, wine and distilled spirits in conjunction with an
existing live theater use in the Bayside Commercial District. CEQA STATUS: The project is exempt from
the provisions of the California
Environmental Quality Act (CEQA), pursuant to Section
15301 (Class 1) of the State Implementation Guidelines
in that the project involves the addition of alcohol
service to an existing live theater use, which involves
the minor interior alteration of an existing
building with no increase in floor area. |
PLANNING COMMISSION ACTION
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August 16, 2006 |
Determination Date |
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August 16, 2006 |
Approved based on the following findings and subject to the conditions
below. |
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Denied. |
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Other: |
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EFFECTIVE
DATES OF ACTIONS IF NOT APPEALED: |
August 31, 2006 |
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EXPIRATION
DATE OF ANY PERMITS GRANTED: |
August 31, 2007 |
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LENGTH OF ANY
POSSIBLE EXTENSION OF EXPIRATION DATES*: |
Six 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
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 Bayside Commercial (BSC) district and Bayside District Specific Plan
permit live theater uses, and alcohol service will be ancillary to the live
theater function of the establishment. In addition, alcohol-related problems
are not generally associated with live theaters.
3.
The
subject parcel is physically suitable for the type of land use being proposed,
in that the parcel is a standard lot developed with a two-story commercial
building with no unusual characteristics.
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 issuance of an alcohol license will allow an existing live
theater to offer alcoholic beverages as a beverage choice. The alcohol service
would be ancillary to the primary theater use and alcohol Conditions #1 through #16 ensure that the establishment operates
in a harmonious manner with the adjacent land uses.
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 for permitted
commercial establishments, including live theaters. Alcohol Conditions #1
through #16 ensure that the use will operate in a harmonious manner with the
adjacent land uses. The alcohol service will constitute a small portion of the
theater space and is incidental to the primary theater use. The use is also located in the City's
commercial core and is compatible with permitted uses and other existing dining
and entertainment venues in the area.
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 vehicular and pedestrian access is provided via
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 alcohol license is proposed in conjunction with an
existing ground-floor live theater space.
The alcohol service would be available in a 594 square foot bar area in
the theater and would not be disruptive to the surrounding neighborhood.
9.
The proposed use is consistent with the goals,
objectives, and policies of the General Plan, in that Land Use Element Policy
1.3.1 encourages concentration of land uses and activities which create
activity in both the daytime and evening hours, and Policy 1.3.2 promotes the
Downtown as a primary location for commercial uses that encourage street
activity after normal business hours.
The proposed project will allow for the service of alcoholic beverages
by a live theater during daytime and nighttime hours daily. Furthermore, Bayside
District Specific Plan Policy 4.1.3 of
the Bayside Specific Plan, that provides for the development of uses necessary
to maintain economic viability in the district, including entertainment
facilities such as theaters, and Policy 4.1.14 which encourages cultural
activity which attract nighttime use, such as theaters.
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 Bayside District
Specific Plan and the Land Use Element of the General Plan which encourages
activities in the evening hours to reinforce Downtown as the focus of the City.
11.
The
proposed use conforms precisely to the applicable performance standards
contained in Subchapter 9.04.12 of the City of
12.
The proposed use will not result in an
over-concentration of such uses in the immediate vicinity, in that the proposed
alcohol license will be issued in conjunction with a live theater with 150
seats in a commercial area of
ALCOHOL OUTLET FINDINGS
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, and the alcohol license will be issued in conjunction with the operation
of a live theater, which is conditionally permitted in the Bayside Commercial
District and supported by the policies of the Bayside Specific Plan and the
General Plan. Furthermore, Alcohol
Conditions will ensure that the nearby uses are not adversely affected by the
proposed use.
2. The proposed use will not contribute to
an undue concentration of alcohol outlets in the area in that the
proposed alcohol license will be issued in conjunction with a live theater with
150 seats in the downtown area of
Santa Monica which is frequented by large numbers of local residents as well as
shoppers, and visitors from outside the area.
Furthermore, this type of outlet has not contributed significantly to
alcohol related problems in the area and will not cause the total number
of alcohol outlets in the Bayside District to exceed the maximum of 50.
3. The proposed use will not detrimentally
affect nearby neighborhoods considering the distance of the alcohol outlet to
residential buildings, churches, schools, hospitals, playgrounds, parks, in
that there are no churches, schools, hospitals or playgrounds within
500-feet and the conditions for approval, such as the hours of operation,
limitation of the number of special events, and compliance with the provisions
of the Noise Ordinance, will minimize the potential affect on the residential
uses in the vicinity.
4. The proposed use is
compatible with existing and potential uses within the general area in that a
live theater with ancillary bar service located in the City's commercial core
is compatible with permitted uses and other existing entertaining and dining
uses in the area.
5. 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. In
addition, the project proposes alcoholic beverages as beverages of choice at an
existing live theater and will not increase traffic or parking demand over the
current use.
6. The public health, safety, and general
welfare are protected in that the project is consistent with the provisions of
the Zoning Ordinance, the Bayside District Specific Plan and the Land Use
Element of the General Plan, which encourage uses and activities after normal
business hours in the Downtown and conditions of approval have been
incorporated to minimize adverse impacts on nearby land uses.
7. No harm to adjacent properties will
result in that the conditions of approval will ensure that the establishment
operates in a manner which protects adjacent neighbors.
8. The proposed use is consistent
with the goals, objectives, and policies of the General Plan, in that Land Use
Element Policy 1.3.1 encourages concentration of land uses and activities which
create activity in both the daytime and evening hours, and Policy 1.3.2
promotes the Downtown as a primary location for commercial uses that encourage
street activity after normal business hours.
The proposed project will allow a live theater to offer alcoholic
beverages at performances during its hours of operation during daytime and
nighttime hours daily. Furthermore, Bayside District Specific Plan Policy 4.1.3 of the Bayside Specific Plan, that provides
for the development of uses necessary to maintain economic viability in the
district, including entertainment facilities such as theaters, and Policy
4.1.14 which encourages cultural activity which attract nighttime use, such as
theaters.
CONDITIONS OF
APPROVAL:
PLANNING AND COMMUNITY DEVELOPMENT
Project Specific Conditions
1.
This
approval is for the sale and on-site consumption of beer, wine and distilled
spirits. This approval shall be vested
upon the lawful sale of beer, wine or distilled spirits on the premises.
2.
The
permitted hours open for business to the public shall be the following:
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Hours of Operation |
Alcohol Service Cut-off Time |
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Sunday – Thursday |
10:00 AM – 12:00 AM |
11:00 PM |
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Friday - Saturday |
10:00 AM – 1:00 AM (following day) |
12:00 AM |
No exterior activity such as trash disposal,
deliveries or other maintenance activity generating noise audible from the
exterior of the building shall occur during the period from 2:00 a.m. to 8:00
a.m. Monday through Friday and 2:00 a.m. to 9:00 a.m. on Saturday and Sunday. No employees may occupy the building between
2:00 a.m. and 8:00 a.m. No after hours operation shall be permitted.
3.
Seating
arrangements within the bar area shall not exceed 25 seats and the area shall
not exceed 594 square feet.
4.
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
Alcohol Outlet Conditions
5.
The
primary use of the premises shall be for patrons of live theater performances. Alcohol shall not be served to persons except
those waiting for or attending a performance.
6.
No
alcoholic beverage shall be sold, served or consumed beyond the designated bar
area.
7. 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.
8.
Prior
to final inspection or commencement of alcohol service, 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.
9.
Prior
to final inspection or commencement of alcohol service, the operator shall
submit a plan for approval by the Director of Planning and Community
Development 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 attend 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 Planning 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 establishments.
10.
Prior
to final inspection or commencement of alcohol service, the operator shall
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.
11.
Except
for special events, alcohol shall not be served in any disposable container
such as disposable plastic or paper cups.
12.
No
dancing or live entertainment beyond that allowed for the live theater use
contained in the Zoning Ordinance shall be permitted on the premises.
13.
No
video or other amusement games shall be permitted on the premises.
14.
Window
or other signage visible from the public right-of-way that advertises beer or
alcohol shall not be permitted.
15.
Applicant
is on notice that all temporary signage is subject to the restrictions of the
City sign ordinance.
16.
The
project shall at all times comply with the provisions of the Noise Ordinance
(SMMC Chapter 4.12).
Administrative
17. The Planning Commission’s approval,
conditions of approval, or denial of this application may be appealed to the
City Council if the appeal is filed with the Zoning Administrator within
fourteen consecutive days following the date of the Planning Commission’s
determination in the manner provided in Part 9.04.20.24, Sections
9.04.20.24.010 through 9.04.20.24.040. Any appeal must be made in the form
required by the Zoning Administrator. The approval of this permit shall expire
if the rights granted are not exercised within eighteen (18) months from the
permit’s effective date. Exercise of rights shall mean actual
commencement of the use granted by the permit.
One six month extension may be permitted if approved by the Director of
Planning. Applicant is on notice that
time extensions shall not be granted if development standards or development
process relevant to the project have changed since project approval. Additionally, the rights associated with
this approval shall expire if the establishment ceases operation for a period
of one year or longer.
18. 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 Official Action prepared by the 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 shall 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.
19. 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.
20. Prior to issuance of a Final Inspection 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 approval, is available upon request. This notice shall remain posted at all times the establishment is in operation.
21. 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.
22. 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.
23. Applicant is advised that projects in the California Coastal Zone may need
approval of the California Coastal Commission prior to issuance of any building
permits by the City of
Conformance with Approved Plans
24. This approval is for those plans dated July 31, 2006, a copy of which shall be maintained in the files of the City Planning Division. Project development shall be consistent with such plans, except as otherwise specified in these conditions of approval.
25. 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, and increase of seating, 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
26.
The Plans shall comply with all other provisions
of Article IX of the Municipal Code, (Zoning Ordinance) and all other pertinent
ordinances and General Plan policies of the City of
VOTE
Ayes: Brown, Clarke, Dad, Johnson, Koning, Pugh
Nays:
Abstain:
Absent: O’Day
NOTICE
If this is a final decision not subject to
further appeal under the City of
I hereby
certify that this Statement of Official Action accurately reflects the final
determination of the Planning Commission of the City of
_____________________________ _____________________________
Gwynne Pugh, Chairperson Date
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.
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Print Name and Title |
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Applicant’s Signature |
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