Item 8-B
Planning Commission: 4/16/97 Santa Monica, CA
TO: The Honorable Planning Commission
FROM: Planning Staff
SUBJECT: Conditional Use Permit 96-026
Address: 1429-31 Third Street Promenade
Applicant: Renee and Albert Mizrahi/Gotham Hall
INTRODUCTION
Action: Application for Conditional Use Permit to convert an
existing restaurant/bar/billiard hall with an approved Type-47
(On-Sale General for Public Eating Place) alcohol license to a
nightclub with a 480 square foot dance floor and live music. The
proposed nightclub would have a total of 335 seats. The proposal
meets all applicable development standards.
Recommendation: Approval of Conditional Use Permit with
conditions.
Permit Streamlining Expiration Date: October 9, 1997
SITE LOCATION AND DESCRIPTION
The subject property is an 11,250 sq.ft. parcel located on the
east side of the Third Street Promenade between Broadway and
Santa Monica Boulevard having a frontage of 75 feet. Surrounding
uses consist of a two-story building with retail and medical
offices (BSC-1) to the north, a one story food court (BSC-1) to
the south, two one-story retail buildings, Banana Republic and
Urban Outfitters (BSC-1) to the west and a City parking structure
and a two story commercial building to the east (BSC-2).
Existing on-site uses include two retail stores (Hear Music and a
proposed Guess retail clothing store), Matisse Cafe on the first
floor and Gotham Hall, restaurant/bar/billiards hall on the
second floor.
Zoning District: BSC-1, (Bayside Commercial) District
Land Use District: Downtown Commercial/Bayside Specific Plan
Area
Parcel Area: 75' x 150' = 11,250 square feet
PROJECT DESCRIPTION
Proposed is the conversion of Gotham Hall from a
restaurant/bar/billiard hall to a nightclub use. Gotham Hall has
a Type-47 (On-Sale General for Public Eating Place) alcohol
license. The proposed nightclub would include live music and
dancing. The total number of proposed seats would be 335,
including 101 restaurant seats (60 table seats, 41 fixed
restaurant seats), 39 seats at bars, 129 club area bar stools and
66 incidental lounge seats. The establishment would operate
seven days a week from 10:00 a.m. to 2:00 a.m.
MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE
The proposed project is consistent with the Municipal Code and in
conformity with the General Plan as shown in Attachment A.
CEQA STATUS Categorically exempt pursuant to Class 1 of the
State CEQA Guidelines in that the project involves the the
addition of a dance floor and live music and as such is a minor
interior modification of an existing two-story commercial
structure to accommodate the conversion of the second floor from
a restaurant/bar/billiards hall to a nightclub.
RENT CONTROL STATUS Commercial exempt
FEES The project is not subject to any special fees.
PUBLIC NOTIFICATION
Pursuant to Municipal Code Section 9.04.20.20.080, within 30 days
after the subject application was deemed complete, the applicant
posted a sign on the property stating the following information:
Project case number, brief project description, name and
telephone number of applicant, site address, date, time and
location of public hearing, and the Planning and Zoning Division
phone number. It is the applicant's responsibility to update the
hearing date if it is changed after posting.
In addition, pursuant to Municipal Code Section 9.04.20.22.050,
notice of the public hearing 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 hearing. A copy of the notice is contained in
Attachment B.
On February 26, 1997, the applicant made a presentation to the
Bayside District Corporation (BDC) Board of Directors and
requested support from the Board for modifications to their
existing Conditional Use Permit. Mr. Casey Ure, Assistant
Executive Director of the BDC sent a letter to the City
(Attachment E) indicating that the Bayside District Board
discussed the issue and unanimously approved a motion to support
an amendment to the existing CUP to permit dancing and live music
nightly. The BDC approved the motion with the understanding that
the goal of Gotham Hall's proprietors was to provide an
opportunity for customers to eat dinner and then stay and enjoy
the atmosphere of the establishment rather than to attract
customers solely for the enjoyment of live entertainment and
dancing. Staff subsequently spoke with Mr. Ure regarding the
request for nightclub use and Mr. Ure indicated that it was
consistent with what was proposed by the applicant and approved
by the Board.
ANALYSIS
Background
Gotham Hall was originally approved under Conditional Use Permit
90-015, by the Planning Commission on April 18, 1990. The
original design included 16 billiard tables, a 48-seat
restaurant, 82 seats throughout the club and a fixed-seat bar of
24 seats. An adjacent resident at 1429 Third Street Promenade,
(the subject property), appealed the Planning Commission
decision. On appeal, the City Council upheld the Planning
Commission approval of CUP 90-015, with conditions which
eliminated the dance floor and entertainment use, established a
maximum noise level, permitted alcohol sales 10:00 a.m. to 12:00
a.m. Sunday through Thursday and from 10:00 a.m. to 2:00 a.m. on
Friday and Saturday, and addressed issues regarding accessibility
and the elevator location.
A subsequent request to modify the original conditions,
Conditional Use Permit 92-014, was approved by the Planning
Commission on September 16, 1992. The Planning Commission
approved an increase in the number of billiard tables to 17
tables, extended the hours alcohol may be served to 10:00 a.m. to
2:00 a.m., every day, and increased the number of seats to allow
a 49-seat restaurant, with a 24 fixed seat bar, and 110 club area
seats.
On March 1, 1995, the Planning Commission approved an amendment
to CUP 92-014 (CUP 94-022) to expand Gotham Hall into the second
floor of 1429 Third Street Promenade. The approved plans
included the addition of 106 restaurant/club seats, 24 soft chair
seats, and 68 seats on a new roof top dining area for a total
addition of 237 seats. The number of proposed seats plus the
existing seating brought the total number of seats at Gotham
Hall to 381 seats. The portion of the expansion on the second
floor of 1429 Third Street Promenade is under construction; the
applicant has decided not to construct the roof top dining area
which would have added 68 dining seats on the roof of 1429 Third
Street Promenade, towards the rear of the building.
The area at 1429 Third Street Promenade will have the ability to
accommodate private parties during regular operating hours. It
can also be used in conjunction with the existing facility for
larger private parties. In order to maximize the space, the
applicant is requesting the ability to open the proposed
expansion area for public use during the time when no private
parties are occurring. The conditions of CUP 94-022 permit the
applicant to have dancing and live entertainment for private
parties only.
Modifications to the definitions section of the Zoning Ordinance
since approval of CUP 94-022, allow music in restaurants if the
following conditions are met:
1) there is sit-down meal service provided at all times
while the entertainment is taking place;
2) there is no dancing or dance floor;
3) there is no cover charge or minimum drink purchase;
4) the entertainment is provided only in the dining areas.
The definition further states that a restaurant with
entertainment beyond the scope of these limitations shall be
considered a nightclub and shall require approval of a separate
conditional use permit for the nightclub use.
Therefore, the request for the addition of dancing and live music
to this facility originally approved for dining and billiards
represents a change in the character of the operation to a
nightclub. Consequently, although the applicants requested an
amendment to their existing CUP, staff advised them that the
request must be for a new CUP for the nightclub.
At the time of the last amendment to the CUP, staff believed that
there were a sufficient number of entertainment venues on the
Third Street Promenade. The situation has changed on the
Promenade since the last hearing. The entitlements for
Leadbellies Jazz Club, which was approved for 393 seats, have
expired. Included in their approvals was the ability to have
live music and dancing. The only outlets currently permitted to
have dancing and live music in the Bayside District are Teaser's,
Monsoon, Harvelle's and "217", for a total of 492 seats.
The request for a nightclub use of Gotham Hall is appropriate in
terms of the goals of the Third Street Promenade and the Bayside
District Specific Plan which encourages the development and
concentration of entertainment and restaurant uses in the Bayside
District in order to maintain the vibrancy and economic vitality
of the downtown. The Bayside District and the downtown area is
an appropriate location for a nightclub in that it is an area
where there are fewer adjacent neighbors who could potentially be
impacted.
Proposed Operation
The applicants envision an entertainment venue where diners could
continue their evening by enjoying music and dancing. The
applicants also want to maintain the existing billiards use. The
1429 space would be entered from a door accessed from the rear
billiard area. A cover charge is proposed. Those patrons who
have purchased a dinner and are seated either in Dining Area #1
of the 1431 space or Dining Area #2 in the 1429 space would be
permitted free access to the dancing and live entertainment.
The applicants are proposing the following modifications to their
approvals:
1. Live music with dancing available to the general public
daily. The current condition regarding this reads:
10) Dancing or live entertainment shall be permitted on the
premises only for special functions and private parties
which are closed to the public.
2. Expansion of the kitchen by up to 100 square feet. The
area on the second floor at the rear which is used for
employee lockers will be converted to a kitchen prep area.
The employee lockers will be moved to an area on the
mezzanine level.
3. Fixed bar area on the mezzanine level. There is a
temporary bar on the mezzanine level which has been
approved on the previous plan. The applicant would like to
remove the temporary bar, and replace it with a permanent
bar. This bar will be a service bar only without seating.
Either a wait person or a customer could obtain drinks from
the bartender. This area is primarily used for private
parties.
4. Request for seating at the back room bar and the bar along
the north wall of the 1429 space. The condition from CUP
94-022 reads:
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.
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.
Dance Floor and Stage
The proposal includes a 480 sq.ft. dance floor. No stage is
proposed. When live music is presented, the musicians will be
located on a portion of the dance floor.
The Bar Areas
Two new bars were approved under CUP 94-022: a 60 sq. ft. bar in
the back room of the current Gotham Hall space and a 340 sq. ft.
bar in the 1429 Third Street space. Condition #18 of CUP 94-022 prohibited seating at these bars. The applicants are
requesting seven seats at the back room bar and ten seats at the
bar in the 1429 space. A total of 39 bar seats are available in
the entire establishment. Staff believes this minimal amount of
bar seating will not have a significant impact on use of the
space.
Kitchen Expansion
The addition of large refrigeration units to an approximately 300
sq.ft. area at the rear of the first floor of 1429 Third Street
Promenade (behind Hear Music) was part of CUP 94-022. The
approval also included a kitchen remodel to expand the food prep
area and add additional ovens. Under this proposal, the applicant
is proposing to convert existing employee locker rooms on the
second floor to a kitchen prep area. The applicant has indicated
that this area is 100 square feet; the project architect has
identified the area on the plans as 8.5' x 10', or 85 square
feet. The employee lockers would be moved to the mezzanine
level.
Accessibility
Disabled access to the existing Gotham Hall establishment has
been a concern since the original City Council approval and has
been the subject of complaints addressed by City Zoning
Inspectors. City Council conditioned the project approval to
allow elevator access to the second floor back room only if that
room operated as a public space and not as an area for private
parties. If the back room was a private room, the Council
required that there be a separate elevator lobby and a hallway
by-passing the private room so that persons using the elevator
would not have to pass through a private space. This requirement
was detailed to the applicant prior to Certificate of Occupancy
(Attachment Q) and compliance with this requirement as well as
signage indicating the elevator location for disabled access were
verified prior to Certificate of Occupancy issuance.
Following complaints regarding disabled access, the applicant
installed additional building identification signage at the rear
of the building, as well as a disabled access emblem on the rear
door, an arrow on the interior of the door directing patrons to
the elevator, and an exterior handle on the rear door.
After Planning approval for the expanded space at 1429 Third
Street Promenade, the Building and Safety Division required the
applicant to install a second elevator at the front for disabled
access. This requirement was appealed by the applicant to the
Accessibility Appeal Board. The Board approved a motion to grant
an exemption for the second elevator on the basis of equal
facilitation. Equal facilitation means that there is a clear
path to travel from the alley to the internal area of the
elevator and that entry into the internal poirtion of the
establishment is allowed without any special control mechanisms
such as pushing a buzzer and with equal signage. The applicant
has approval of the Architectural Review Board for signage at the
rear of the building, but has not yet implemented this proposal.
Staff has included a condition which requires the applicant to
install the signage prior to final inspection on the 1429 space.
Parking and Circulation
No on-site parking is required because the project is located
within the Downtown Parking Assessment District.
Alcohol Licenses In Area
Within a 500' radius of the site, there are eight Type-41 (On-sale beer and wine for public eating place) alcohol licenses with
a total of 539 seats, twelve Type-47 (On-Sale General for Public
Eating Place) alcohol license outlets with a total of 1,919 seats
(without Gotham) and two or Type-48 (On-Sale General) alcohol
licenses with a total of 117 seats. The most significant change
in the immediate area is the expiration of approvals for
Leadbellies, located at 309 Santa Monica Boulevard which was
approved for 393 seats. Leadbelly's approvals were for a
nightclub use. A total of 2,575 seats are located within 500
feet of the proposed use. These include the following:
Type-41 (On-Sale Beer and Wine for Public Eating Place)
Establishment Seats Address
Picasso Restaurant 70 seats 1416 Fourth Street
Nat's Restaurant 60 seats 1432 Fourth Street
Matisse Cafe 44 seats 1435 Third Street Promenade
Mario's 148 seats 1444 Third Street Promenade
Johnny's 40 seats 1448 Third Street Promenade
Tudor House 43 seats 1403 Second Street
Caspian 84 seats 205 Broadway
Dee's 50 seats 316 Santa Monica Blvd.
Type-47 (On-Sale General for Public Eating Place)
Establishment Seats Address
Border Grill 162 seats 1445 Fourth Street
King George 117 seats 301 Santa Monica Blvd.
Amazon Grill 49 seats 307 Santa Monica Blvd.
The Britannia Restaurant 50 seats 318 Santa Monica Boulevard
2nd Street Bar & Grill 56 seats 1449 Second Street
Broadway Deli 195 seats 309 Broadway
Broadway Bar & Grill 209 seats 1460 Third Street Promenade
Remi 106 seats 1451 Third Street Promenade
Chiller's 195 seats 1446 Third Street Promenade
Yankee Doodles 270 seats 1410 Third Street Promenade
Trilussa 360 seats 1360 Third Street Promenade
Teaser's 150 seats 1351 Third Street Promenade
Type-48 (On-Sale General)
Establishment Seats Address
"217" 48 seats 217 Broadway
Harvelle's 69 seats 1432 Fourth Street
Dancing and live music is permitted at Teaser's, "217", and
Harvelle's. Gotham Hall, which currently has 381 seats, is
permitted to have dancing and live music for private parties
only. The only other place on the Promenade where dancing is
permitted is Monsoon, located at 1212 Third Street Promenade.
Limits to Occupancy
Staff has concerns regarding the potential for large numbers of
patrons and the associated crowd control issues. For private
parties, staff feels that there is a more controlled group by
nature of a private party and is less concerned with limiting the
number of people. However, for daily use open to the public,
staff wants to ensure that crowds will not become an enforcement
problem.
Staff has included three conditions to limit the potential
impacts of crowds. The first condition (Alcohol Outlet Condition
#33) prohibits the applicant from leasing or renting the space or
a portion of the establishemnt to an outsider promoter and
prohibits the applicants from advertising or using a different
name for the establishment for the entertainment portion of the
nightclub.
The second condition addresses the gathering of crowds outside
the establishment. Alcohol Outlet Condition #34 prohibits lines
from being formed outside the club and requires the applicant to
allow only the number of people into the club which can be
accommodated, or turn away patrons.
The third condition (Alcohol Outlet Condition #35) prohibits the
operators from removing or rearranging seats or tables to
increase occupancy of the space.
Police Department Comments
The Santa Monica Police Department has been contacted regarding
this proposal. The Police Department stated that they have a
good working relationship with the Gotham Hall operators and have
had no problems related to Gotham Hall operations. Their primary
concerns regarding a nightclub use is the potential use of the
premises by an outside promoter where the owner has no knowledge
or control of the crowd and the issue of crowd control and lines
outside the establishment. The Police Department also has a
concern regarding the potential of broken glass on the dance
floor. With the inclusion of Alcohol Outlet Condition #33, which
prohibits outside promoter, Alcohol Outlet Condition #34, which
prohibits lines from forming outside the establishment, and
Alcohol Outlet Condition #36, which prohibits any glass
containers on the dance floor, the Police Department has no
objections to the proposed nightclub use.
Neighborhood Compatibility
No churches, no schools, and no parks are within 500' of the
site. However, approximately 430 residents live within a 500'
radius of the subject parcel. The closest residential units are
in the Janss Court development at the corner of Broadway and the
Third Street Promenade. There are also 44 residential units
located at 1423 Second Street.
Conformance with the Bayside Specific Plan
The proposal is consistent with the Bayside District Specific
Plan. The Land Use Element of the Bayside District Specific
Plan, Section 4.1, "General Policies" states the need for
provision of "the development of uses as necessary to maintain
the economic viability of the Bayside District,...including
eating establishments and entertainment facilities (theaters,
clubs, etc.)"[4.1.3] and encourages the development of
entertainment and restaurant uses above the first floor in the
Bayside District [4.1.6]. Staff believes that the existing venue
will be an intensified use, but meets the goals of the District
and with the removal of Leadbellies will not result in an
overconcentration of such uses in the Bayside District. The
continuation of the bar and billiard uses as well as the
conditions included temper the dancing and live music component.
There is no increase in the number of hours and no expansion in
area beyond that previously approved.
Conclusion
The proposed conversion of the existing establishment is
consistent with the Bayside District Specific Plan and represents
no expansion in size or increase in hours of operation and
therefore should be approved. The recommended conditions of
approval, including the conditions which limit the potential
impact of large crowds gathering outside the establishment, will
ensure that the use will not have a negative impact on the
surrounding area.
RECOMMENDATION
It is recommended that the Planning Commission approve CUP 96-026, to permit the conversion of the existing
restaurant/bar/billiards hall to a nightclub with dancing and
live entertainment based on 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", in that a nightclub use is
conditionally permitted in the BSC-1 District of the Zoning
Ordinance and in the Bayside District 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 BSC-1 District permits nightclubs,
and dancing and music will be ancillary to the food
service function of the establishment. Furthermore, the
general objectives of the Bayside District 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 a nightclub with dancing and live
music and is an expansion of the existing alcohol license
in conjunction with the restaurant/bar/billiards
establishment.
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 a nightclub
and that Bayside District Specific Plan Policy 4.1.6
encourages the development of entertainment and restaurant
uses 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.
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 nightclub
will be properly soundproofed and conditions prohibiting
customers from gathering outside the establishment will
minimize potential impacts.
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 of the General Plan encourages the
construction of a major entertainment uses in Downtown; and
Land Use Element Policy 1.4.1 of the General Plan
encourages restaurant and other uses complimentary to
retail along the Third Street Promenade as key toward
revitalization.
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 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 a nightclub use with the
addition of dancing and live music to an existing
restaurant 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 a nightclub use with dancing and live music
where there is an existing restaurant/bar/billiards hall.
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 that no outside promoter be permitted to rent or
lease the space and the public will not be permitted to
gather outside the establishment to wait for entry into the
nightclub.
3. The proposed use will not contribute to an undue
concentration of alcohol outlets in the area 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.
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 no outside promoters rent or lease the
club and that no lines are permitted to form outside the
nightclub, 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 a nightclub use in 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 entertainment and restaurant uses to serve
as a focal point in the downtown and expansion of the
establishment's nightclub element will be incidental to the
existing restaurant, bar and billiard uses.
8. No harm to adjacent properties will result in that the
conditions of approval will ensure that the establishment
operates in a manner which properties adjacent neighbors.
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 3/26/97, 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 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.
4. Elevator access from the rear to the front of the
establishment on the second floor shall be by a separate
hallway or corridor.
5. The elevator shall open onto the elevator lobby and the
corridor leading into the front of the establishment.
6. A sign shall be posted at the front entrance on the Third
Street Promenade which indicates that handicapped access
and elevator is accessible from the rear alley entrance.
7. 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 conditions of the test shall be that
the residence windows shall be open and that the windows on
the billiard club side shall be closed. 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.
8. 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 residence or general
public.
Architectural Review Board
9. 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.
10. Construction period signage shall be subject to the
approval of the Architectural Review Board.
11. Plans for final design, landscaping, screening, trash
enclosures, and signage shall be subject to review and
approval by the Architectural Review Board.
12. 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.
13. 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
14. 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.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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.
20. 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
21. 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.)
22. 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
23. The building address shall be painted on the roof of the
building and shall measure four feet by eight feet (32
square feet).
24. 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.
25. Prior to final inspection, the applicant shall modify the
alley facade with approved signage as per ARB 95-059.
Validity of Permits
26. 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.
27. 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.
28. 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.
29. 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.
30. 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.
31. 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.
32. 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.
33. 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 in the 1429 Third Street Promenade space only.
Dancing is limited to the dance floor area. No chairs or
tables may be moved to accomadate a larger live
entertainment or dance area.
11. The owner shall control noisy patrons leaving the
restaurant.
12. The premises shall maintain a kitchen or food-serving area
in which a variety of food is prepared and cooked on the
premises.
13. The premises shall serve food to patrons during all hours
the establishment is open for customers.
14. Seating arrangements for sit-down patrons shall not exceed
a total of 335 seats for both the 1429 and 1431 Third
Street Promenade spaces. Bar seating shall not exceed 39
fixed bar seats; restaurant seating shall not exceed 101
seats, club area bar stools shall not exceed 129 seats and
incidental lounge seating shall not exceed 66.
15. Take out service shall be only incidental to the primary
sit-down use.
16. No alcoholic beverage shall be sold for consumption beyond
the premises.
17. A maximum of seven seats shall be permitted at Bar #3 at
the rear of the back room of 1431 Third Street Promenade
and a maximum of 10 seats shall be permitted at Bar #2
along the north wall of the 1429 Third Street Promenade
space.
18. Permitted hours of operation shall be 10 am to 2 am, seven
days a week. No "after hours" operations shall be
permitted.
19. Prior to final inspection for 1429 3rd Street Promenade, 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.
20. Prior to final inspection for 1429 3rd Street Promenade,
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.
21. Prior to final inspection for 1429 3rd Street Promenade,
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.
22. Prior to final inspection, the design of the entryways to
the establishment shall be reconfigured to provide for
double doors to mitigate possible noise impacts.
23. 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.
24. Except for special events, alcohol shall not be served in
any disposable container such as disposable plastic or
paper cups.
25. No more than three video or other amusement games shall be
permitted on the premises.
26. Any minimum purchase requirement may be satisfied by the
purchase of beverages or food.
27. The project shall at all times comply with the provisions
of the Noise Ordinance (SMMC Chapter 4.12).
28. 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.
29. 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.
30. Applicant is on notice that all temporary signage is
subject to the restrictions of the City sign ordinance.
31. 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.
32. 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.
33. No outside promoter shall be permitted to rent or lease the
premises. No event held at the establishment shall be
advertised under another name. All private parties shall
be operated through the owner.
34. No lines shall be permitted to form outside the building
either on the alley side or the Third Street Promenade side
of the building. All patrons for the nightclub shall be
permitted to enter the building. If the nightclub is a
maximum capacity, patrons shall be turned away.
35. The operator shall not remove or rearrange any seats or
tables to increase the occupancy of the premises.
36. Glass containers shall not be permitted on the dance floor.
37. If the Director of Planning and Community Development
determines that any of the conditions of this approval have
been violated, this Conditional Use Permit shall be
remanded to the Planning Commission for review.
Prepared by: Susan Healy Keene, Associate Planner
Attachments (available at the City of Santa Monica Planning
Counter in Room 111):
A. Municipal Code and General Plan Conformance
B. Notice of Public Hearing
C. Radius and Location Map
D. Letter from applicants to staff regarding request
E. Letter from Casey Ure, Assistant Director of the Bayside
District Corporation to staff dated March 23, 1997
F. Photographs of Site and Surrounding Properties
G. Plans