Santa Monica, California
Planning Commission Mtg: March 1, 1995
TO: The Honorable Planning Commission
FROM: Planning Staff
SUBJECT: Conditional Use Permit 94-022 to Amend Conditions of
Conditional Use Permit 92-015
Address: 1429 Third Street Promenade
Applicant: Albert & Renee Mizrahi/ Gotham Hall
INTRODUCTION
Action: Application for Conditional Use Permit to amend
Conditional Use Permit 92-014 in order to allow a 4,766 sq.ft.
expansion of an existing restaurant/bar with an approved Type-47
(On-Sale General for Public Eating Place) alcohol license on the
second floor and outdoor dining on the roof deck of 1429 Third
Street Promenade. The expansion includes the addition of a 190
sq.ft. dance area, a 102 sq.ft. stage, and a 1,237 sq.ft. roof
deck for outdoor dining. The proposal meets all applicable
development standards.
Recommendation: Approval of modified amendments to previously
approved Conditional Use Permit with conditions.
Permit Streamlining Expiration Date: June 1, 1995
Background
The Planning Commission reviewed the proposed project at the
February 8, 1995 hearing. At that hearing, the Planning
Commission approved a motion to approve the staff recommendation
with modifications. The Commission requested the findings and
conditions and plans showing the kitchen modification/expansion
return on March 1, 1995, with final action on the project to
occur at that time.
The Planning Commission supported the expansion of Gotham Hall
into the adjacent space at 1429 Third Street Promenade, as well
as the allowance for dancing and live entertainment for special
functions and private parties only (Alcohol Outlet Condition 10).
The Commission also supported the roof dining area with an
outdoor roof canopy. The seating for the roof dining would be
limited to 68 seats and the hours of operation on the roof
restricted to 10 am - 11 pm Sunday through Thursday, and 10 am -
midnight on Fridays and Saturdays (Alcohol Outlet Condition 20).
The Planning Commission requested a modification to an existing
condition regarding the percent of alcohol sales. Alcohol Outlet
Condition 29 limits the amount of alcohol sales to a maximum of
35% of gross sales each for the private club activities, the
public club activities and the total of the combined sales.
Several conditions were requested by the Planning Commission
regarding disabled access issues and are included as Conditions
5-9. The Planning Commission agreed with staff that the
conditions of the previous approval needed to be modified to
reflect the Planning Department interpretation as indicated in
the January 1993 letter from staff to the applicant. The
Planning Commission also requested that a condition be included
to ensure that the disabled access corridor to the elevator have
clear ingress and egress and shall not be encumbered by other
elements at any time. The rear entrance was required to function
as a main entrance with amenities equal to the Promenade-facing
main entrance. The Planning Commission also included a
requirement that the exterior design of the rear entrance be
revised so that the visual appearance of this entrance is
equivalent to the Promenade-facing entrance. Redesign will be
subject to Architectural Review Board approval. The Planning
Commission eliminated the condition added by staff regarding
reduction of the length of the bar.
The provision of adequate parking for an expanded club was a
concern of the Planning Commission. A condition has been
included (Condition 29) to require offsite parking to be secured
when the number of patrons at special functions exceeds 500
people.
A revision of a prior condition was included which deletes the
reference to an adjacent residential use which no longer exists
and adds a requirement to construct a sound buffer between the
club and retail uses below and commercial uses adjacent and
measures to attenuate sound emanating from the roof deck dining
area (Condition 11).
Since food is served to patrons seated at "soft seats" such as
chairs or sofas, the Planning Commission considered the soft
seats as part of the restaurant seating. The total seating
permitted for the club will be 381 seats and allocated as shown
in Alcohol Outlet Condition 15.
The modifications to the kitchen include addition of a large
refrigerator unit in a 300 square foot area on the first floor of
1429 Third Street behind Hear Music. This large refrigerator
unit will be used for back-up storage of liquor and food and will
be accessed one to two times per week during the daytime. A
smaller refrigerator and additional prep area will be added to
the existing kitchen.
RECOMMENDATION
Per the direction of the Commission, it is recommended that the
Planning Commission approve Conditional Use Permit 94-022 with
the findings and conditions listed below.
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 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 commercial
and the proposed use is an expansion of the existing
alcohol license in conjunction with the
restaurant/bar/billiards establishment adjacent to the
site.
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 expansion of a
restaurant/bar/billiards establishment, that Third Street
Mall Specific Plan Policy 4.1.8 encourages the development
of restaurants above the first floor, and that the
conditions of approval require noise mitigation measures to
buffer the adjacent retail and commercial uses and nearby
residential uses from the expanded interior area and roof
deck dining space.
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 and Second
Streets.
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 the expansion of the dining component
of an existing restaurant/bar/billiards establishment,
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 the expansion of
the restaurant 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.
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 the restaurant
area only with no increase in the billiards use, no dancing
and live music and no increase in bar seating 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 expansion of a restaurant with no separate
customer service bar area and with dancing and live music
permitted for special events only.
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, away from any
major residential uses and that the conditions of approval
require the roof deck dining area to cease alcohol service
at 1 a.m., consistent with the requirements for outdoor
dining on the Third Street Promenade.
3. The proposed use will not contribute to an undue
concentration of alcohol outlets in the area in that an
expansion of the existing restaurant use with no separate
bar area for customer use and dancing and live music
limited to private parties only 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 dancing and live music
for private parties only, 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 expansion of the
dining component of the existing restaurant/bar/billiards
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 expansion of the establishment's
restaurant component will serve as a balance to the
existing bar and billiard uses.
8. No harm to adjacent properties will result in that the
conditions of approval will ensure that the establishment
operates as a restaurant/bar/billiards establishment and
that alcohol service on the roof deck will cease at 1 a.m.,
consistent with the outdoor dining requirements on the
Third Street Promenade.
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
Plans
1. This approval is for those plans dated 1/10/95, and kitchen
modification plans dated 2/22/95, a copy of which shall be
maintained in the files of the Planning 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.
3. The ground floor kitchen expansion may not exceed may not
exceed 5% of the size of the establishment (750 square
feet) and must be located in the rear one third of the
space. Zoning Administrator approval of the configuration
is required prior to building permit issuance. Expansion
beyond this limitation requires Planning Commission
approval.
4. 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. Any changes in project plans must be approved by the
Planning Director.
5. Elevator access from the rear to the front of the
establishment on the second floor shall be through a public
room of the establishment.
6. When any portion of the establishment is open to the
public, the back room shall not be used for private
parties in order to ensure that the elevator located at the
rear shall open into a public area. Only in the event
that the establishment is used exclusively for a private
party may the elevator open to the back room used for a
private party.
7. A sign shall be posted at the front entrance on the Third
Street Promenade and at the alley which indicates that
handicapped access and elevator is accessible from the rear
alley entrance. The extent of such signage shall be
subject to the approval of the Director of Planning and
Community Development.
8. Access to the ground floor corridor leading to the elevator
shall have clear ingress and egress and shall not be
encumbered by storage or other elements at any time.
9. The rear entrance shall be a main entrance with amenities
equivalent to the Promenade fronting entrance. The
exterior design of the rear entrance shall be revised so
that the visual appearance of this entrance is equivalent
to the Promenade fronting entrance. Redesign of the rear
entrance shall be subject to approval by the Architectural
Review Board.
10. A maximum noise level limit of 95 dBA in the billiard club
shall be established and the applicant shall demonstrate to
the City that the building envelope will achieve a 50 STC
rating through an actual field test after seismic upgrade
of the building. The City shall have the right to test
noise levels at any time at any location in the billiard
club and such levels are not to exceed 95 dBA.
11. A sound buffer shall be constructed between the club and
retail uses below and between the club and adjacent
commercial uses. Prior to issuance of a building permit
for any roof deck improvements, the applicant shall present
a plan for approval by the Director of Planning and
Community Development which addresses mitigation of sound
emanating from the roof deck dining area.
12. All windows of the billiard club shall remain closed during
operating hours of the establishment so as not to have
adverse impacts on the neighboring uses or general public.
Architectural Review Board
13. 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.
14. Construction period signage shall be subject to the
approval of the Architectural Review Board.
15. Plans for final design, landscaping, screening, trash
enclosures, and signage shall be subject to review and
approval by the Architectural Review Board.
16. 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.
17. 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.
Construction
18. Unless otherwise approved by the Department of
Environmental and Public Works Management, all sidewalks
shall be kept clear and passable during the grading and
construction phase of the project.
19. Sidewalks, curbs, gutters, paving and driveways which need
replacing or removal as a result of the project as
determined by the Department of Environmental and Public
Works Management shall be reconstructed to the satisfaction
of the Department of Environmental and Public Works
Management. Approval for this work shall be obtained from
the Department of Environmental and Public Works Management
prior to issuance of the building permits.
20. Vehicles hauling dirt or other construction debris from the
site shall cover any open load with a tarpaulin or other
secure covering to minimize dust emissions.
21. Street trees shall be maintained, relocated or provided as
required in a manner consistent with the City's Tree Code
(Ord. 1242 CCS), per the specifications of the Department
of Community and Cultural Services and the Department of
Environmental and Public Works Management. No street tree
shall be removed without the approval of the Department of
Community and Cultural Services.
22. A construction period mitigation plan shall be prepared by
the applicant for approval by the Department of
Environmental and Public Works Management prior to issuance
of a building permit. The approved mitigation plan shall
be posted on the site for the duration of the project
construction and shall be produced upon request. As
applicable, this plan shall 1) Specify the names,
addresses, telephone numbers and business license numbers
of all contractors and subcontractors as well as the
developer and architect; 2) Describe how demolition of any
existing structures is to be accomplished; 3) Indicate
where any cranes are to be located for
erection/construction; 4) Describe how much of the public
street, alleyway, or sidewalk is proposed to be used in
conjunction with construction; 5) Set forth the extent and
nature of any pile-driving operations; 6) Describe the
length and number of any tiebacks which must extend under
the property of other persons; 7) Specify the nature and
extent of any dewatering and its effect on any adjacent
buildings; 8) Describe anticipated construction-related
truck routes, number of truck trips, hours of hauling and
parking location; 9) Specify the nature and extent of any
helicopter hauling; 10) State whether any construction
activity beyond normally permitted hours is proposed; 11)
Describe any proposed construction noise mitigation
measures; 12) Describe construction-period security
measures including any fencing, lighting, and security
personnel; 13)Provide a drainage plan; 14) Provide a
construction-period parking plan which shall minimize use
of public streets for parking; 15) List a designated on-
site construction manager.
23. A sign shall be posted on the property in a manner
consistent with the public hearing sign requirements which
shall identify the address and phone number of the owner
and/or applicant for the purposes of responding to
questions and complaints during the construction period.
Said sign shall also indicate the hours of permissible
construction work.
24. A copy of these conditions shall be posted in an easily
visible and accessible location at all times during
construction at the project site. The pages shall be
laminated or otherwise protected to ensure durability of
the copy.
Environmental Mitigation
25. 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.)
26. To mitigate solid waste impacts, prior to issuance of a
Certificate of Occupancy, project owner shall submit a
recycling plan to the Department of Environmental and
Public Works Management for its approval. The recycling
plan shall include 1) list of materials such as white
paper, computer paper, metal cans, and glass to be
recycled; 2) location of recycling bins; 3) designated
recycling coordinator; 4) nature and extent of internal and
external pick-up service; 5) pick-up schedule; 6) plan to
inform tenants/occupants of service.
Miscellaneous Conditions
27. The building address shall be painted on the roof of the
building and shall measure four feet by eight feet (32
square feet).
28. Street and/or alley lighting shall be provided on public
rights of way adjacent to the project if and as needed per
the specifications and with the approval of the Department
of Environmental and Public Works Management.
29. Offsite parking shall be secured whenever the number of
patrons at special functions exceeds 500 people. Records
of compliance with this requirement shall be presented upon
City request.
Validity of Permits
30. 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.
31. 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.
32. This determination shall not become effective for a period
of fourteen days from the date of determination or, if
appealed, until a final determination is made on the
appeal. Any appeal must be made in the form required by
the Zoning Administrator. The approval of this permit
shall expire one year from the permit's effective date,
unless, in the case of new development, a building permit
has been obtained, or in the case of a change of use, a
business license has been issued and the use is in
operation prior to the permit expiration date. One three
month extension of the one year period may be permitted if
approved by the Director of Planning. Applicant is on
notice that time extensions may not be granted if
development standards relevant to the project have become
more restrictive since project approval.
33. 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.
34. 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.
35. Mechanical equipment shall not be located on the side of
any building which is adjacent to a residential building on
the adjoining lot. Roof locations may be used when the
mechanical equipment is installed within a soundrated
parapet enclosure.
36. Final approval of any mechanical equipment installation
will require a noise test in compliance with SMMC Section
4.12.040. Equipment for the test shall be provided by the
owner or contractor and the test shall be conducted by the
owner or contractor. A copy of the noise test results on
mechanical equipment shall be submitted to the Community
Noise Officer for review to ensure that noise levels do not
exceed maximum allowable levels for the applicable noise
zone.
37. Final building plans submitted for approval of a building
permit shall include on the plans a list of all permanent
mechanical equipment to be placed outdoors and all
permanent mechanical equipment to be placed indoors which
may be heard outdoors.
ALCOHOL OUTLET CONDITIONS
1. The Santa Monica Police Department shall not be restricted
in access to any private party areas or to the upper level
room containing billiard tables.
2. No person under 21 years of age shall be allowed in the bar
area and signs shall be posted to this effect.
3. Security personnel shall be provided from 8:00 p.m. to the
closing hour.
4. The owner shall provide for designated types of beverage
dispensers which will clearly distinguish alcoholic
beverages from non-alcoholic beverages.
5. Signs shall be posted in conspicuous locations advising
patrons that alcoholic beverages shall not be sold unless
proper identification is displayed.
6. The use of the premises for sit-down meal service to
patrons shall be maintained as a major component of the
project.
7. 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.
8. Alcoholic beverages may be served only between the hours of
10:00 am and 2:00 a.m., seven days a week.
9. Customers shall be permitted to order meals at the bar at
all times the premises is open for business.
10. Dancing or live entertainment shall be permitted on the
premises only for special functions and private parties
which are closed to the public.
11. The owner shall control noisy patrons leaving the
restaurant.
12. 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.
13. The premises shall maintain a kitchen or food-serving area
in which a variety of food is prepared and cooked on the
premises.
14. The premises shall serve food to patrons during all hours
the establishment is open for customers.
15. Seating arrangements for sit-down patrons shall not exceed
a total of 381 seats for both the 1429 and 1431 Third
Street Promenade spaces. Bar area seating shall not exceed
24 fixed bar seats; restaurant seating shall not exceed 247
seats, (including 68 seats on the outdoor roof deck); and
110 club area bar stools.
16. Take out service shall be only incidental to the primary
sit-down use.
17. No alcoholic beverage shall be sold for consumption beyond
the premises.
18. An alcohol service area shall be permitted at the rear of
the back room of 1431 Third Street Promenade provided that
it does not contain sit-down or stand-up counter space
accessible to patrons of the establishment. An alcohol
service area shall be permitted along the north wall of the
1429 Third Street Promenade space.
19. Permitted hours of operation shall be 10 am to 2 am, seven
days a week, except for the roof deck dining area. No
"after hours" operations shall be permitted.
20. The primary use of the outdoor dining area shall be for
seated meal service. Patrons who are standing in the
outdoor seating area shall not be served. The outdoor
dining area shall have a maximum of 68 seats and the hours
of operation of the outdoor roof deck dining area shall be
10 am - 11 pm, Sunday through Thursday and 10 am -
midnight, Fridays and Saturdays. Alcohol service to the
outdoor seating on the roof shall cease one hour in advance
of the operating hours otherwise permitted. The proposed
roof covering for the outdoor dining area shall be approved
by the Architectural Review Board.
21. Prior to issuance of a Certificate of Occupancy, 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.
22. Prior to issuance of a Certificate of Occupancy, 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.
23. Prior to issuance of a Certificate of Occupancy, 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.
24. Prior to issuance of a building permit the design of the
entryways to the establishment shall be reconfigured to
provide for double doors to mitigate possible noise
impacts.
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 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.
26. Except for special events, alcohol shall not be served in
any disposable container such as disposable plastic or
paper cups.
27. No more than three video or other amusement games shall be
permitted on the premises.
28. Any minimum purchase requirement may be satisfied by the
purchase of beverages or food.
29. Gross alcohol revenues shall not exceed 35% of total gross
revenues per year for public club activities, 35% for
special functions, and 35% when both activities are
combined. 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.
30. The project shall at all times comply with the provisions
of the Noise Ordinance (SMMC Chapter 4.12). (Use for
nightclubs, bars, or establishments with amplified music.)
31. 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.
32. 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.
33. Applicant is on notice that all temporary signage is
subject to the restrictions of the City sign ordinance.
34. 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
minimum holding capacity. The Environmental and Public
Works Management 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 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.
35. The second floor facilities at 1429 and 1431 Third Street
Promenade, which are the subject of this approval, are
considered as one premises for purposes of this approval.
Access between these spaces shall be maintained; no
permanent separation between the spaces shall be permitted
unless otherwise approved by the Planning Commission.
Prepared by: Susan Healy Keene, Assistant Planner