Planning Commission Report

Transcription

1 Planning Commission Report Planning Commission Meeting: October 22, 2014 Agenda Item: 7-B To: From: Subject: Planning Commission Amanda Schachter, City Planning Division Manager Conditional Use Permit (14CUP-011) to allow the on-site sale and consumption of beer and wine (Type 41 ABC License) in conjunction with a theater use (Laemmle Theater); and Conditional Use Permits (14CUP- 012 and 14CUP-013) to allow the on-site sale and consumption of beer, wine, and distilled spirits (Type 47 ABC License) as part of two new restaurants located within the same structure, but operated separately from the movie theater. Address: Applicant: 1332 Second Street Laemmle Theaters, LLC Recommended Action It is recommended that the Planning Commission take the following actions subject to findings and conditions contained in Attachment B: 1. Approve application 14CUP Adopt the Statement of Official Action for 14CUP-011 for Unit A (Theater) 3. Approve application 14CUP Adopt the Statement of Official Action for 14CUP-012 for Unit B (Ground Floor Restaurant) 5. Approve application 14CUP Adopt the Statement of Official Action for 14CUP-013 for Unit C (Rooftop Restaurant) Executive Summary The applicant, Laemmle Theatres, LLC requests three separate Conditional Use Permits to 1) allow the on-site sale of beer and wine (Type 41 ABC License) for consumption within the six movie theater auditoriums; 2) allow the on-site sale of beer, wine, and distilled spirits (Type 47 ABC License) in conjunction with the operation of a new restaurant located within the first and second floors of the theater building; and 3) to allow the on-site sale of beer, wine, and distilled spirits (Type 47 ABC License) for a rooftop restaurant. As part of this proposal, the existing theater building will be remodeled and new square footage will be added to establish three uses within the building. The existing Laemmle Monica 4-Plex (Unit A) will be modified to increase the number of movie screens from four to six; however the overall seating in the theater 1

2 auditoriums is being reduced from 1,091 seats to 372 seats. Additionally, a new 181- seat, 4,789 square foot restaurant is proposed on the first and second floors (Unit B), and a 165-seat, 5,768 square foot restaurant is proposed on the roof of the theater building (Unit C). The building improvements involve aforementioned interior improvements, a façade remodel, and the improvement of a portion of the roof area to accommodate the rooftop restaurant. The existing building footprint will not be expanded as part of the proposal. The on-site sale of alcoholic beverages will be ancillary to the food service function of the restaurants as well as incidental to the operation of the movie theater. The proposed hours of operation are as follows: Unit A (Theater) 8 a.m. 1 a.m. Sun. Wed.; 8 a.m. 2 a.m. Thurs. Sat. Unit B (Restaurant) 6 a.m. 1 a.m. Sun. Thurs. 6 a.m. to 2 a.m. Fri. & Sat. Unit C (Rooftop Restaurant) 9 a.m. 12 a.m. Sun. Thurs. 9 a.m. 1 a.m. Fri. & Sat. Theater and restaurant uses are both permitted uses within the BSC-4 (Bayside Commercial) zoning district; however, according to Santa Monica Municipal Code (SMMC) Section a Conditional Use Permit (CUP) is required to establish a business that sells alcoholic beverages for either on-site or off-site consumption. The project descriptions and analyses in the staff report address all three CUP requests within the theater building; however, a Draft Statement of Official Action (STOA) is prepared for each use separately as an attachment to this staff report because all three operators of the uses are unrelated, and specific conditions of approval apply to each business independently. The following issues should be considered by the Planning Commission in its review of the proposed project and are addressed in this report: The compatibility of the proposed alcohol service in conjunction with the two restaurant operations and within the theater with the surrounding neighborhood. The effectiveness of the proposed conditions of approval in mitigating any adverse alcohol-related impacts on the area. The consistency of the proposed uses with alcohol service with the Land Use and Circulation Element of the General Plan and the BSC zoning district. 2

3 Project / Site Information The following table provides a brief summary of the project location. Additional information regarding the project s compliance with applicable municipal regulations and the General Plan is available in Attachment A. Project and Site Information Table Zoning District: BSC-4 (Bayside Commercial) Land Use Element Designation: Parcel Area (SF): Parcel Dimensions: Existing On-Site Improvements (Year Built): Rent Control Status/Remaining tenants on-site: Adjacent Zoning Districts and Land Uses: Downtown Core Approx. 15,000 SF Dimensions approx. 100 x story, 14,674 SF commercial building (1969) Exempt - Commercial North BSC-4/SRO Housing East BSC-2/Commercial Office South BSC-4/Commercial Off- Street Parking West RVC/Commercial Office & Multi-Family Residential The subject property is located on the west side of 2 nd Street between Santa Monica Boulevard and Arizona Avenue in the BSC-4 (Bayside Commercial) zoning district. The subject property has 100 feet of frontage on 2 nd Street and a depth of 150 feet (i.e. 15,000 square feet in size). The site has been improved with a two-story, multi-screen movie theater since 1969 that totals approximately 14,674 square feet in size. The site is located in the City s Parking Assessment District and no on-site parking is provided. Environmental Analysis The proposed sale of alcoholic beverages in conjunction with theater and restaurant operations within the remodeled existing commercial building is exempt from the provisions of the California Environmental Quality Act pursuant to CEQA Guideline Section 15301, Class 1 (Existing Facilities). The project involves improvements to allow alcohol licensing in conjunction with the proposed theater and restaurant operations. As part of the proposal, theater seating capacity is being reduced to 372 seats and two new restaurants totaling 346 seats are proposed, which do not constitute an expansion or intensification from the previous 1,091-seat movie theater use. 3

4 Proposed 2 nd Street Building Façade Project Analysis Project Description The existing two-story movie theater building will be remodeled and new square footage will be added to establish three separate uses within the building. The renovations will allow for the introduction of two new restaurant uses in addition to modified theater operations. This CUP request is to allow the on-site sale of beer and wine (Type 41 ABC License) to theater patrons for consumption within the ground floor lobby, second floor common area, and all six theater auditoriums. Additionally, there are CUP requests to allow the on-site sale of beer, wine, and spirits (Type 47 ABC License) in conjunction with the operation of the two new restaurants within the movie theater building, as noted previously. Operators for the two new restaurants have not been identified at this time. The following descriptions and analyses address all three CUP requests within the theater building; however, a separate Draft Statement of Official Action (STOA) is prepared for each use as an attachment to this staff report because all three operators of the uses are unrelated, and specific conditions of approval apply to each business independently. The proposed remodeling of the building involves the reconfiguration of existing interior space that results in the removal of the existing basement area, a reduction of 77 square feet on the first floor, a 2,530 square foot addition on the second floor, and the improvement of approximately 5,768 square feet of the roof area to accommodate an outdoor restaurant facility. Details of the existing and proposed square footages are as follows: 4

5 THEATER BUILDING Existing Floor Area Floor Area Change Total Proposed Floor Area Basement 694 sf -694 sf 0 sf 1 st Floor 14,851 sf -77 sf 14,774 sf 2 nd Floor 2,844 sf +2,530 sf 5,037 sf Roof 0 sf +5,768 5,768 Total 18,389 sf +6,325 sf 25,579 sf The revised theater operations will occupy portions of the first and second floors totaling approximately 11,045 square feet (Unit A). The number of auditoriums will increase from four screens to six screens and the seating design will be modified to more spacious stadium seating that reduces the overall number of seats from the existing 1,091 seats to 372 seats. A 181-seat, 4,789 square foot restaurant is proposed to occupy Unit B, which will include 3,038 square feet of floor area on the ground floor and 1,751 square feet on the second floor. Lastly, the rooftop restaurant (Unit C) is proposed across 5,768 square feet of floor area, which consists of 165 seats and includes approximately 865 square feet of area used for circulation to/from the access points to the restaurant facility. A more detailed analysis of each use and their proposed operations are provided in the narratives that follow. Unit A (Theater) The proposed layout for the remodeled theater operations total approximately 14,774 square feet of gross floor area, of which, 11,736 square feet is accessible by the movie patrons. The first floor includes the general lobby, restrooms, and concessions along with four theater auditoriums ranging in size from 46 seats to 138 seats. The second floor contains two, 25-seat theater auditoriums and a 1,340 square foot common area adjacent to additional restrooms. The applicant is proposing the sale of beer and wine for consumption by movie theater patrons within the six theater auditoriums. As proposed, beer and wine sales will only occur from the ground floor concession area in disposable containers that are easily distinguishable from the other non-alcoholic beverages sold. There is no proposed seating area within the ground floor, and there are no concession or alcoholic service areas on the second floor. The ground floor concession area will offer a variety of food and beverage options including typical theater snacks (i.e. popcorn, candy, sodas) as well as food items that include sandwiches, sliders, salads, and pizza. It is expected that movie patrons will purchase beer or wine at the sole ground floor concession stand and consume the beer or wine within the theater auditoriums while watching the movies. Typically, the City s standard condition of approval with a Type 41 ABC License requires that the purchase of alcoholic beverages occur in conjunction with the ordering of food to prevent the use from turning into a bar. The uniqueness of the theater operation and the recommended 5

6 conditions of approval preclude this from occurring in this case. Alcoholic beverages will only be sold to movie patrons that have purchased a ticket to enter the establishment with the intention of taking part in the entertainment/movie services offered by the theater and its related events at the location. Based on this, it is expected that patrons are at the establishment for a limited duration of time (i.e. 2-3 hours), and consumption of alcoholic beverages may only occur within theater auditoriums (except for special events) so patrons will not congregate in the common areas while consuming alcoholic beverages. Lastly, the conditions of approval place limitations on the size and quantity of alcoholic beverages that can be sold at one time, which allow the operator to monitor the alcoholic sales and consumption to its patrons. Theater 2 81 Seats Concessions Theater 3 49 Seats Ticket Booth Theater 4 46 Seats Theater Seats Proposed 1 st Floor Plan (Unit A - Theater) The second floor common area located outside the two 25-seat theaters will primarily be a pass-through area to the second floor theaters and is not intended as a space for the general public to casually assemble or loiter. The applicant intends to occasionally use the two second floor theaters to host special events such as private screenings or film festivals. As part of these special events, the applicant requests permission to provide temporary alcohol sales from a portable bar and seating for up to 60 guests in the second floor common area as part of a pre- or post-event type of social hour or movie discussion. All special or private events held within any of the theater auditoriums or common areas shall be hosted by, and advertised under, the name of the theater operator. As described in recommended Condition of Approval No. 34 of Attachment C, 6

7 there shall be no renting of space to outside promoters to ensure that this use is maintained as a public theater operation and not an area for regular bookings or social gatherings with alcohol service. Theater 6 29 Seats Theater 5 29 Seats Common Area Proposed 2 nd Floor Plan (Unit A - Theater) The hours of proposed alcohol sales are primarily consistent with the hours of theater operations, with the exception of Thurs. Sat. The applicant is requesting hours of alcohol sales from 8 a.m. 1 a.m. Sun. Wed., and 8 a.m. 2 a.m. Thurs. Sat.; however, theater operations may occasionally close at 3 a.m. on Thurs. Sat. due to the typical course of theater business to have midnight premiers or special showings on the weekends, and the applicant would like to retain this flexibility. The sale of alcoholic beverages in association with a theater use is unique when compared to other typical alcohol related requests reviewed by the City. Primarily, there are operational issues that require additional attention to ensure that the use operates responsibly. Items such as the minimal lighting within the theater auditoriums and the limited interaction between employees and patrons must be taken into consideration; however, alcohol service in theaters is becoming more common. Based on research of other cities regulatory approvals there are a broad range of restrictions that have been applied to address these issues. Initially, auditoriums with alcohol service were typically restricted to patrons 21 years of age and older. As theater concepts changed and more food service was introduced into auditoriums this restriction softened due to the increased employee presence inside the theaters. Many theater operators choose not 7

8 to provide food service within the auditorium to preserve the quality of the movie experience; however, the provision of alcoholic beverages to its customers is still a desirable service that theater operators would like to offer in addition to its other typical beverage and food choices. In recent years, other cities in the region such as Pasadena, Anaheim, and Sherman Oaks, along with the authorization from the Alcoholic Beverage Control, have approved alcohol sales in theaters without age restrictions that have not resulted in any problems for the use or the surrounding area. The following conditions of approval are recommended for the proposed theater use to increase the visibility of the patrons and limit the availability of alcoholic beverages, while maintaining the operator s right to provide a service to its customers that is offered by its competitors in the region. Alcoholic beverages shall be served in containers which significantly differ in appearance from those containers utilized for non-alcoholic beverages. Beer shall not be served in a quantity that exceeds 16 ounces, and wine shall not be served in a quantity that exceeds 8 ounces. Points of sale of alcoholic beverages shall not be permitted within the theater auditoriums. No more than two alcoholic beverages shall be sold or served to any one person during any transaction. An employee of the premises shall enter and monitor the activity within the theater auditoriums on a regular basis, but no less than once every 30 minutes. Neon-colored wristbands are to be used to identify patrons who are under the age of 21 years. Wristbands are to be attached to patron s wrists in a manner that restricts easy removal and prohibits the transferring of the wristbands to another individual. All sales and service of alcoholic beverages for consumption within the six theater auditoriums shall be made only from the ground floor concession stand, or from one portable stand or bar in the second floor common area during a special event (e.g. private movie screening, film festival). Alcoholic beverages shall not be sold, served, or delivered or delivered to customers by ambulatory servers or vendors that carry a supply of unordered alcoholic beverages. Unit B (Restaurant) A Type 47 (On-Sale General for Bona Fide Public Eating Place) alcohol license is requested for the on-site sale and consumption of beer, wine, and spirits in association with the proposed restaurant in Unit B. The proposed restaurant will occupy the first and second floor of the renovated theater building and will total approximately 4,789 square feet in area, which includes 3,038 square feet on the ground floor and 1,751 square feet on the second floor. As shown in the table below, the customer seating area will total 3,170 square feet and there will be 1,619 square feet of kitchen/support area. A total of 181 seats are proposed (162 table seats, 19 counter seats), including 12 seats as part of an outdoor dining area inset into the 2 nd Street building frontage. 8

9 RESTAURANT First Floor Area Second Floor Area Total Customer Seating 2,040 sf 1,130 sf 3,170 sf Number of Seats 86 table seats 11 counter seats 12 outdoor seats 64 table seats 8 counter seats 162 table seats 19 counter seats Kitchen/Support 998 sf 621 sf 1,619 sf Total Sq. Ft. 3,038 sf 1,751 sf 4,789 sf Seating Area 72 Seats Seating Area 109 Seats Service Area Kitchen / Service Area Proposed 1 st Floor Plan (Unit B Restaurant) Proposed 2 nd Floor Plan (Unit B Restaurant) The restaurant will operate as a full-service restaurant, with a host seating patrons and a wait staff providing table service. There are no separate bar areas and all counter seating is for dining and the provision of full food service. The primary use of the 4,789 square foot space is for a restaurant. The proposed alcohol sales are ancillary to the food service use and the applicant intends the use to be open for breakfast, lunch, and dinner. The applicant proposes hours of operation of 6 a.m. 1 a.m. Sun. Thurs., and 6 a.m. 2 a.m. Fri. & Sat. Unit C (Rooftop Restaurant) Currently, the rooftop area is not improved for the use and accessibility of the public. As part of this proposal, approximately 5,768 square feet of roof area will be remodeled for a proposed restaurant space with a Type 47 (On-Sale General for Bona Fide Public Eating Place) alcohol license. The area utilized for the rooftop restaurant and its service 9

10 areas totals approximately 5,768 square feet. Circulation and access areas to the restaurant space account for approximately 865 square feet of the roof area. The 3,088 square foot customer seating area on the roof is unenclosed and open to the sky. Approximately 1,815 square feet of enclosed space is proposed to house the kitchen, storage, restrooms, and other related restaurant facilities. A total of 165 seats are proposed consisting of 134 table seats and 31 counter seats. A detailed breakdown of the proposed rooftop restaurant area is below. ROOFTOP RESTAURANT Customer Seating Kitchen/Support Floor Area 3,088 sf 1,815 sf Seats 134 table seats 31 counter seats Circulation/Access 865 Total Sq. Ft. 5,768 sf Circulation / Access Customer Area Kitchen / Service / Restroom Areas Proposed Roof Layout (Unit C Rooftop Restaurant) 10

11 Proposed Seating & Service Plan (Unit C Rooftop Restaurant) Seating Area 165 Seats Kitchen / Service Areas The rooftop restaurant is expected to operate as a full-service restaurant that is separate from the restaurant located on the first two floors of the building. Patrons will be seated by a host and a wait staff will provide table service. There are no separate bar areas and all counter seating is for dining and the provision of full food service. The primary use of the rooftop space is for a restaurant. The proposed alcohol sales are ancillary to the food service use. The applicant proposes to be open for brunch, lunch, and dinner with hours of alcohol service that are consistent with the proposed hours of operation of 9 a.m. 12 a.m. Sunday Thurs., and 9 a.m. 1 a.m. Fri. & Sat. Food service will be provided during all operating hours. The proposed hours of operation are reasonable for the subject site given its Downtown location and adjacency to residential uses. Furthermore, the proposed hours of operation are comparable to the hours of operation approved for the patio areas at Santa Monica Place, which similarly contain outdoor restaurant areas with alcohol service in close proximity to residential uses. Nevertheless, the proposed rooftop restaurant is open-air and aspects of its operation may have the potential of spillover noise impacts to the residential uses located to the north and west of the subject site. The following conditions of approval are similar to what was implemented at Santa Monica Place and are recommended in this case to eliminate potential noise impacts from the outdoor activities. Alcohol service shall cease 30 minutes prior to closing. No televisions, live music, or speaker music shall be permitted after 12 a.m., except for low-level ambient music that cannot be heard beyond the property boundaries. No live music shall be permitted after 9 p.m. Sun. Thurs. Neighborhood Compatibility The subject site is located within the Bayside Commercial zoning district LUCE. Santa Monica s Downtown functions as the City s center and greatest concentration of commerce, retail, dining, transit, and entertainment. The area serves as a major 11

12 destination for local residents, regional visitors, and tourists from abroad. The subject building is located in an area where a diverse mix of dining, retail, service, entertainment, and other alcohol related uses currently exist. The proposed theater and restaurant uses with alcohol sales are consistent and compatible with the existing mix of uses in the surrounding area and will increase the level of pedestrian activity along the street. Furthermore, the theater complements the other uses in the area by serving as a pre- or post-destination for individuals visiting the other retail, dining, and service businesses in the Downtown. Beer and wines sales associated with the theater use will only occur to theater patrons, so the availability of alcohol sales to the general public is limited only to individuals who have purchased a movie ticket with the intention of taking part in the entertainment/movie services offered by the movie theater and its related events at the location. Additionally, the unique nature of the operation and conditions of approval such as limiting the size and number of alcoholic beverages that can be purchased at one time preclude the use form turning into a bar. Similarly, alcohol sales as part of the two new restaurant uses will be incidental to the primary restaurant use and will only occur in conjunction with food service. The introduction of these alcohol related uses as ancillary components of the primary theater and restaurant uses will not have any negative impacts to the surround neighborhood or uses; however, to ensure that the proposed uses operate as intended and in a harmonious manner with the surrounding area, the following recommended conditions of approval are included in the applicable STOAs, as follows: Unit A (Theater) Condition #19 limits alcohol sales to movie theater patrons only. Condition #23 restricts the size of alcoholic beverages sold. Condition #25 limits the number of alcoholic beverages that may be sold to a person. Condition #26 requires the regular monitoring of the theater auditoriums. Condition #27 requires neon wristbands for minors in auditoriums where alcoholic beverages are permitted. Unit B (Restaurant) Condition #1 limits the number of seats to 181. Condition #2 limits the restaurant service hours: o Sunday Thursday: 6:00 a.m. 1:00 a.m. o Friday & Saturday: 6:00 a.m. 2:00 a.m. o Complete closure one hour after restaurant service hours. Condition #30 prohibits dancing on the premises. Unit C (Rooftop Restaurant) Condition #1 limits the number of seats to 165. Condition #2 limits the restaurant service hours: o Sunday Thursday: 9:00 a.m. 12:00 a.m. o Friday & Saturday: 9:00 a.m. 1:00 a.m. 12

13 o Complete closure one hour after restaurant service hours. Condition #30 prohibits dancing on the premises. Condition #31 restricts the hours permitting televisions, live entertainment, and amplified music. Alcohol Outlets in the Area The proposed hours of alcohol service for the theater and restaurant operations were compared to other nearby alcohol establishments. The following table identifies the location, license type and hours of other alcohol serving outlets within 500-feet of the subject site: Type 41 (On-Sale Beer & Wine for Bona Fide Public Eating Place) Establishment Address Hours of Alcohol Sales Entitlement Baja Buds/Sushi Shogun rd St. Promenade 11:30AM-11PM, Sun-Thurs 11:30AM-1AM, Fri & Sat George s Bistro rd St. Promenade 9AM-12AM, Sun-Thurs 9AM-1AM, Fri & Sat 00CUP AE-001 Blue Plate Oysterette 1355 Ocean Ave. 11AM-1:30AM, Daily 06CUP-009 Johnny Rockets rd St. Promenade 9AM-12AM, Sun-Thurs 9AM-1AM, Fri & Sat AE Sugarfish nd St. 11:30AM-11PM, Daily 10AD-007 Tender Greens 201 Arizona Ave. 11:30AM-10PM, Daily 10AD-009 Taberna Y Arros VI nd St. 10AM-2AM, Daily 13CUP-007 Burger Lounge 213 Arizona Ave. 10:30AM-11PM, Sun-Thurs 12CUP :30AM-12AM Fri & Sat Stout Burgers & Beers 111 Santa Monica Blvd. 11AM 2AM, Daily 12AD-003 Shophouse Asian Kitchen rd St. Promenade 10AM-11PM, Sun-Thurs 10AM-1AM, Fri & Sat 02CUP-014 Type 47 (On-Sale General for Bona Fide Public Eating Place) Establishment Address Hours of Alcohol Sales Entitlement Ye Olde Kings Head 116 Santa Monica Blvd. 10AM-2AM ABC Hours Locanda Del Lago 225 Arizona Ave. 11:30AM-10PM, Mon-Thurs 11:30AM-11PM, Fri & Sat 10:30AM-10PM, Sun ABC Hours Trastevere rd St. Promenade 11:30AM-11PM, Sun-Thurs 11:30AM-12AM, Fri & -Sat ABC Hours Georgian Hotel 1415 Ocean Ave. 7AM-12AM, Sun Wed 7AM-2AM, Thurs - Sat Bravo Cafe rd St. Promenade 9AM-12AM, Sun-Thurs 9AM-1AM, Fri & Sat N/A N/A N/A 13CUP AE

14 Sushi Roku 1401 Ocean Ave. 11AM-11PM, Daily 95CUP AD-013 Barney s Beanery rd St. Promenade 9AM-2AM, Daily 93CUP AD-010 BOA 101 Santa Monica Blvd. 12PM-11:30PM 03AD-010 Water Grill 1401 Ocean Ave. 11:30AM 11PM Sun-Thurs 11:30AM 12AM Fri & Sat 86CUP-420 Pinxto Tapas Bar 109 Santa Monica Blvd. 10AM-1AM, Daily 07AE-002 The Misfit 225 Santa Monica Blvd. 9AM-12AM, Sun-Thurs 9AM-1AM, Fri & Sat 11AD AE-008 The Dining Room 1301 Ocean Ave. 6AM-2AM, Daily 07CUP-008 Other Alcohol License Types Establishment Address Hours of Alcohol Sales Alcohol License Entitlement Ye Olde Kings Head 132 Santa Monica Blvd. 10AM-6PM Type 20 (Off-Sale Beer & Wine) 91CUP-021 Westside Theater Comedy rd St. Promenade 6AM-1AM, Daily Type 42 (On-Sale Beer Wine for Public Premises) Georgian Hotel 1415 Ocean Ave. 7AM-12AM, Sun Wed 7AM-2AM, Thurs - Sat Type 70 (On-Sale General Restrictive Service) 10CUP CUP-017 The applicant is proposing to provide alcohol service to its patrons for purchase and onsite consumption during hours that are consistent with existing alcohol establishments in the City s Downtown area. The proposed theater and restaurant operations are consistent with other commercial and entertainment uses in the Downtown area, and are not expected to create negative impacts to the general area when operated in conjunction with the recommended conditions of approval, including the aforementioned conditions related to televisions, live music, and amplified music at the rooftop restaurant. Parking No off-street parking currently exists on the subject site. Furthermore, the site is located within the City s Downtown Parking Assessment District where any parking requirements may be met by payment of an in-lieu parking fee. According to Sections (d) and (e)(1) of the SMMC, additional parking spaces shall be required for any new floor area added to a building, or any new use of a commercial building, where the floor area or change of use results in a greater parking requirement than what previously existed. The following table details the comparison of the required number of parking spaces between the previous use and the proposed use of the theater building. 14

15 Previous Off-Street Parking Space Requirement 1 space / 4 fixed seats or 1,091 seats / 4 = 273 Theater 1/80 sf (whichever is greater) 22,534 sf / 80 = 282 (REQUIRED) PREVIOUS TOTAL OFF-STREET PARKING REQUIRED: 282 Spaces Proposed Off-Street Parking Space Requirement 1 space / 4 fixed seats or Theater 1/80 sf (whichever is greater) Restaurant 1 space / 75 sf of seating area 1 space / 300 sf of support area 372 seats / 4 = 93 (REQUIRED) 6,824 sf / 80 = 85 3,170 sf / 75 = ,619 / 300 = 5.39 Rooftop Restaurant 1 space / 75 sf of seating area 1 space / 300 sf of support area 3,088 sf / 75 = ,680 sf / 300 = 8.9 PROPOSED TOTAL OFF-STREET PARKING REQUIRED: 191 Spaces In this case, no new off-street parking or payment of an in-lieu fee is required as part of the proposed renovations because there is no net increase in the number of required off-street parking spaces as compared to the previous use. Conformance with Land Use Element The subject site is located within the Downtown Core Land Use District, which serves as the City s center of transportation, commerce, and entertainment. The LUCE Goal D1 strives to maintain Downtown s competitive advantage as a premier local and regional shopping, dining, and entertainment destination through the implementation of policy D1.2 that encourages the construction of new or rehabilitated movie theaters in the Downtown to assure that these entertainment venues are competitive in the marketplace. The sale of beer & wine in conjunction with movie theater operations is becoming more common. The proposed improvements to the theater building and operations are in line with other new theater outlets by providing a more desirable destination venue with modern amenities, restaurants, and the offering of alcoholic beverages. Policy D1.1 also achieves this goal by encouraging the creation of diverse retail opportunities including local and regional serving retail and dining in the Downtown. The proposed restaurant with alcohol sales will enhance the dining opportunities on the west side of Downtown, and allows the use to remain competitive with other alcohol serving restaurants in the district. Lastly, the LUCE Goals D7 and D8 aim to reinforce the Downtown as the greatest concentration of activity in the City, and to ensure that remodeled buildings in the Downtown contribute to the pedestrian character of the Downtown District. The proposed improvements to the theater building and the provision of alcohol sales along with its uses will strengthen the activity in the area by adding a regional entertainment destination with quality amenities and a contemporary dining and cinematic experience to the existing diverse mix of uses and services already offered in the Downtown. Lastly, this type of venue will strongly complement the other uses in the Downtown by serving as a pre- or post-destination for individuals of the other retail, dining, or service businesses in the area. 15

16 Police Department/Community and Cultural Services Department Comments The City s Police Department and Community and Cultural Service Department have no formal complaints and/or concerns about the business or the alcohol service proposed. Community Notification and Public Input Public notices were mailed to owners and tenants within a 500 foot radius of the subject property. The applicant presented the proposal to Downtown Santa Monica on October 14, The group did not have any objections to the renovations and uses proposed to the existing commercial building. Alternative Actions: In addition to the recommended action, the Planning Commission could consider the following with respect to the project: A1. Continue the project for specific reasons consistent with applicable deadlines and with agreement from the applicant; A2. Articulate revised findings and/or conditions to Deny, with or without prejudice, the subject application. Conclusion The applicant requests authorization of three Conditional Use Permits to allow 1) the on-site sale of beer and wine (Type 41 ABC License) to be consumed within the six movie theater auditoriums; 2) the on-site sale of beer, wine, and distilled spirits (Type 47 ABC License) in conjunction with the operation of a new restaurant within the first and second floors of the remodeled theater building; and 3) the on-site sale of beer, wine, and distilled spirits (Type 47 ABC License) for a rooftop restaurant. The subject site is located within the City s Downtown Core, which is an appropriate location for the proposed use as it complements the surrounding commercial uses and strengthens activity in the area by creating a regional destination. Staff supports the applicant s request, but has recommended several conditions related to the alcohol service and operations. Specifically, operational conditions that increase the visibility of patrons and limit the availability of alcohol are recommended as part of the theater use. Additionally, conditions of approval related to the hours of alcohol service and restrictions to amplified noise for the rooftop restaurant are recommended. As conditioned, it is anticipated that the proposed uses will not create any negative impacts to the surrounding neighborhood. Prepared by: Ariel Socarras, Associate Planner Paul Foley, Principal Planner 16

17 Attachments A. General Plan and Municipal Code Compliance B. Draft Statement of Official Action (14CUP-011) C. Draft Statement of Official Action (14CUP-012) D. Draft Statement of Official Action (14CUP-013) E. Public Notification F. Photographs & Project Plans 17

18 ATTACHMENT A GENERAL PLAN AND MUNICIPAL CODE COMPLIANCE WORKSHEET Project Location and Permit Processing Time Limits Project Address: nd Street Application Filing Date: July 17, 2014 CEQA Deadline: September 16, 2014 without extension PSA Deadline: November 15, 2014 without extension Total Process Review Time (Days): 97 days General Plan and Municipal Code Compliance Worksheet CATEGORY LUCE MUNICIPAL CODE Permitted Use N/A Theaters [SMMC (b)(32)] Permitted Use N/A Restaurants [SMMC (b)(27)] Alcohol Service Subject to Conditional Use Permit [SMMC ] PROJECT Theater use permitted within the BSC 4 zoning district. Two restaurant uses within existing renovated building. On-sale of alcoholic beverages in conjunction with the proposed theater and restaurant uses as follows: Unit A (Theater) Type 41 (Beer & Wine) Unit B (Restaurant) Type 47 (Beer, Wine, & Spirits) Unit C (Rooftop Restaurant) Type 47 (Beer, Wine, & Spirits) 18 Attachment A General Plan & Municipal Code Compliance Worksheet

19 ATTACHMENT B DRAFT STATEMENT OF OFFICIAL ACTION City of Santa Monica City Planning Division PLANNING COMMISSION STATEMENT OF OFFICIAL ACTION PROJECT INFORMATION CASE NUMBER: Conditional Use Permit LOCATION: APPLICANT: PROPERTY OWNER: CASE PLANNER: 1332 Second Street, Unit A Laemmle Theatres, LLC Lidschin Investors Ariel Socarras, Associate Planner REQUEST: Conditional Use Permit (14CUP-011) to allow a Type 41 (On-Sale Beer & Wine Bona Fide Eating Place) alcohol license authorizing the on-site sale and consumption of beer and wine in conjunction with a theater use. CEQA STATUS: The proposed sale of alcoholic beverages in conjunction with theater operations within the remodeled existing commercial building is exempt from the provisions of the California Environmental Quality Act pursuant to CEQA Guideline Section 15301, Class 1 (Existing Facilities). The project involves improvements to allow alcohol licensing in conjunction with the proposed theater and restaurant operations. As part of the proposal, theater seating capacity is being reduced to 372 seats and two new restaurants totaling 346 seats are proposed, which do not constitute an expansion or intensification from the previous 1,091-seat movie theater use. 19 Attachment B Draft Statement of Official Action (14CUP-011)

20 PLANNING COMMISSION ACTION October 22, 2014 X Determination Date Approved based on the following findings and subject to the conditions below. Denied. Other: EFFECTIVE DATES OF ACTIONS IF NOT APPEALED: EXPIRATION DATE OF ANY PERMITS GRANTED: LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATES*: November 6, 2014 May 6, 2016 (18 months for projects located in the Coastal Zone) 6 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 theater use with incidental alcohol sales 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 SMMC Section provides that a theater is a permitted use in the BSC-4 zoning district, and that SMMC Section provides that a Conditional Use Permit is required for the sale and consumption of alcoholic beverages. 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 (BSC) district allows for a variety of commercial uses including theaters, as well as alcohol-serving and other entertainment establishments. Additionally, the Downtown district contains the largest concentration and mix of uses within the City. The purpose of the BSC district is to provide for a concentration of retail, entertainment, office and housing uses in addition to complementary uses such as hotels and cultural facilities. Theater uses with ancillary alcohol are becoming more commonplace, and in this case, the proposed use will strengthen the activity in the area by 20 Attachment B Draft Statement of Official Action (14CUP-011)

21 adding a regional entertainment destination with quality amenities and a contemporary dining and cinematic experience to the existing diverse mix of uses and services already offered in the BSC and Downtown districts. Furthermore, the proposed theater complements the other uses in the area by serving as a pre- or post-destination for individuals visiting the other retail, dining, and service businesses in the Downtown. 3. The subject parcel is physically suitable for the type of land use being proposed, in that the parcel is developed with an approximately 18,389 square foot, twostory commercial building with an existing multi-screen movie theater. The construction project includes a remodeling of the building to reduce the theater area, improve the rooftop for a new restaurant, and an interior addition for a separate restaurant on the first and second floors of the building that will increase the overall building square footage to 24,714 square feet. The subject request of this entitlement is to allow the on-site sale and consumption of beer and wine in conjunction with theater operations. The addition of alcohol sales can be readily accommodated within the operation of the proposed theater use as an ancillary service. 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. A multi-screen movie theater has existed on the subject site since Remodeling of the existing building is proposed that will reduce the overall size and seating capacity of the theater use from 1,091 seats to 372 seats, and will also introduce two new restaurants within the building. Theater uses with ancillary alcohol are becoming more commonplace. The proposed ancillary on-site sale and consumption of beer and wine will be compatible with the continuation of the existing theater use, as modified in this proposal. 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 BSC district encourages a concentration of retail, entertainment, office, and housing uses in addition to other complementary uses such as hotels and cultural facilities. The existing theater use on the subject site has operated at this location since The proposed remodeling and reduction in size and capacity of the theater component within the building will continue to be compatible with the existing mix of uses within the BSC and neighboring residential RVC district. Furthermore, the proposed request to introduce alcohol sales will be ancillary to the primary theater use and is an activity that is becoming more commonplace for theaters in urban settings. The associated Conditions of Approval, which increase the visibility of the patrons and limit the availability of alcohol service, will ensure that the use operates in a harmonious manner with the adjacent land uses and will not create alcoholrelated problems in the area. 6. There are adequate provisions for water, sanitation, and public utilities and 21 Attachment B Draft Statement of Official Action (14CUP-011)

22 services to ensure that the expanded restaurant use would not be detrimental to public health and safety, in that the site is located within an urbanized area adequately served by existing infrastructure. Furthermore, the theater use with alcohol sales is proposed within an existing commercial building that will be remodeled and renovated to comply with all the current infrastructure requirements. 7. Public access to the proposed use will be adequate, in that pedestrian access is provided from 2 nd Street. Furthermore, pedestrian-oriented design features (e.g. entrances, visual transparency, articulated façade) are provided at the ground level as part of the proposed building façade improvements. The subject site is located within the City s Downtown Parking Assessment District where a significant amount of off-street parking is provided within city-owned parking structures. The addition of alcohol service, in and of itself, is not expected to generate additional traffic or parking demand for the theater use; nevertheless, parking for the theater will continue to be provided within Parking Structures #4 and #2, which are less than 100 feet and 500 feet away from the subject site, respectively. 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 existing theater operations will remain generally the same from what has existed at the site since The overall size and seating capacity will reduce from 1,019 seats to 372 seats and beer and wine sales will be introduced as a new service offered to theater patrons. The theater use is compatible with the surrounding neighborhood in that it is designed with pedestrian-orientated features (e.g. entrances, visual transparency, articulated façade) at the ground level and provides a walkable destination for residents, workers, and visitors to the Downtown area. The sale of beer and wine for on-site consumption, as conditioned, will not detract or disrupt the compatibility of the use with the surrounding neighborhood. 9. The proposed use is consistent with the goals, objectives, and policies of the General Plan, in that the LUCE Goal D1 strives to maintain Downtown s competitive advantage as a premier local and regional shopping, dining, and entertainment destination. Policy D1.2 implements this Goal by encouraging the construction of new or rehabilitated movie theaters in the Downtown to assure that these entertainment venues are competitive in the marketplace. The proposed improvements to the theater building and operations are in line with other new theater outlets by providing a more desirable destination venue with modern amenities, restaurants, and the offering of alcoholic beverages. Furthermore, the LUCE Goals D7 and D8 aim to reinforce the Downtown as the greatest concentration of activity in the City, and to ensure that remodeled buildings in the Downtown contribute to the pedestrian character of the Downtown District. These Goals are achieved by the proposal in that the proposed design and scale of the ground floor incorporates pedestrian-oriented 22 Attachment B Draft Statement of Official Action (14CUP-011)

23 design features (e.g. entrances, visual transparency, articulated façade) to visually activate the sidewalk and enliven the streetscape. 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 and the Land Use Element of the General Plan, and conditions to mitigate any potential adverse impacts such as restricting the operator to 35% of total gross revenues on the percentage of alcohol sales per year and limiting the size and number of alcoholic beverages that can be purchased will ensure that the primary business remain a theater use with beer and wine sales serving only as an ancillary component. 11. The proposed use conforms precisely to the applicable performance standards contained in Subchapter and special conditions outlined in Subchapter 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 over concentration of such uses in the immediate vicinity, in that the proposed theater use with ancillary beer and wine sales is located in the Downtown district where a variety of retail, office, dining, and entertainment uses are encouraged. Furthermore, according to Section of the SMMC, up to 50 alcohol establishments are allowed within the BSC district, which will not be exceeded with the introduction of the proposed use. 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 and part of the vibrant Santa Monica Downtown, separated from any major residential neighborhood. The proposed beer and wine sales will occur with food service and as an ancillary component of the primary theater use. Adverse impacts to the neighborhood residents are not expected if the theater use operates as governed by the specific operational conditions of approval associated with this Conditional Use Permit. 2. The proposed use will not contribute to an undue concentration of alcohol outlets in the area in that according to Section of the SMMC, up to 50 alcohol establishments are allowed within the BSC district, which will not be exceeded with the introduction of the proposed use. Furthermore, the proposed theater use with ancillary beer and wine sales is located in a district that encourages commercial recreation and visitor serving uses and activities. The general vicinity is frequented by large numbers of local residents as well as office workers, shoppers, and visitors from outside the City. 23 Attachment B Draft Statement of Official Action (14CUP-011)

24 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, and other existing alcohol outlets in that the beer and wine sales will be ancillary to movie theater operations, and the sale and on-site consumption of beer and wine is for movie patrons only. While residential uses are located in close proximity to the site, it is anticipated that the incorporation of conditions that increase visibility of the patrons and limit the availability of alcohol service will mitigate any alcohol related problems in the area. Furthermore, the conditions of approval require the use to comply with the Noise Ordinance (SMMC Chapter 4.12.), which will minimize the potential effect on the adjacent residential RVC district that is located within 100 feet of the subject site. Specifically, SMMC Section , which regulates business operations by restricting the hours of deliveries, outdoor maintenance activities, and trash and recycling activities. 4. The proposed use is compatible with existing and potential uses within the general area in that the theater use is located within the BSC and Downtown districts where it is compatible with the existing mix of commercial uses. The introduction of beer and wine sales as an ancillary component of the theater use maintains the theater s compatibility within the BSC and Downtown districts, and the existing mix of retail, dining, and entertainment uses. 5. Traffic and parking congestion will not result from the proposed use in that the parking demand and traffic patterns in the neighborhood will not change due to the provision of incidental alcohol sales in conjunction with a theater use. The primary use of the subject tenant space is a theater. The addition of alcoholic beverages to an establishment s menu and services increases its patrons beverage choices; however, the offering of alcoholic beverages as a service component of the use will not, in and of itself, increase traffic and parking demand in the neighborhood. 6. The public health, safety, and general welfare are protected in that the project is consistent with the provisions of the Zoning Ordinance and the Land Use Element of the General Plan, and alcohol outlet specific conditions have been added to mitigate any potential adverse impacts. 7. No harm to adjacent properties will result in that the conditions of approval will ensure that the establishment operates as a theater with food service and incidental alcohol sales. 8. The proposed use is consistent with the goals, objectives, and policies of the General Plan, in that the LUCE Goal D1 strives to maintain Downtown s competitive advantage as a premier local and regional shopping, dining, and entertainment destination. Policy D1.2 implements this Goal by encouraging the construction of new or rehabilitated movie theaters in the Downtown to assure that these entertainment venues are competitive in the marketplace. 24 Attachment B Draft Statement of Official Action (14CUP-011)

25 The proposed improvements to the theater building and operations are in line with other new theater outlets by providing a more desirable destination venue with modern amenities, restaurants, and the offering of alcoholic beverages. Furthermore, the LUCE Goals D7 and D8 aim to reinforce the Downtown as the greatest concentration of activity in the City, and to ensure that remodeled buildings in the Downtown contribute to the pedestrian character of the Downtown District. These Goals are achieved by the proposal in that the proposed design and scale of the ground floor incorporates pedestrian-oriented design features (e.g. entrances, visual transparency, articulated façade) to visually activate the sidewalk and enliven the streetscape.. CONDITIONS OF APPROVAL: PLANNING AND COMMUNITY DEVELOPMENT Project Specific Conditions 1. This approval is for the authorization of beer and wine sales in conjunction with a six-screen movie theater, and consistent with the plans dated September 2, 2014, a copy of which shall be maintained in the files of the City Planning Division. 2. The permitted hours of operation for the theater and the associated alcohol service in authorized areas are limited to 8:00 a.m. 1:00 a.m. Sunday thru Wednesday, and 8:00 a.m. 2:00 a.m. Thursday thru Saturday. The theater may continue to operate beyond these hours until 3:00 a.m. for midnight premiers or special showings Thursday thru Saturday without any alcohol sales. Complete closure and all employees vacated from the building shall occur within one hour after closing. No "after hours" operations shall be permitted.. Administrative 3. 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 , Sections through 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 18 months from the permit s effective date. Exercise of rights shall mean issuance of a building permit to commence construction for the necessary improvements for the proposed use.. 4. 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 City Planning Division, agreeing to the conditions of approval and acknowledging that failure to comply with such conditions shall 25 Attachment B Draft Statement of Official Action (14CUP-011)

26 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. 5. Prior to commencement of alcohol service, 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 and approved floor plan, is available upon request. This notice shall remain posted at all times the establishment is in operation. 6. 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. 7. Prior to commencement of alcohol service, 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 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. 8. Prior to commencement of alcohol service, 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. 9. 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. 10. Applicant is advised that the project is in the California Coastal Zone and may need approval of the California Coastal Commission prior to issuance of any 26 Attachment B Draft Statement of Official Action (14CUP-011)

27 building permits by the City of Santa Monica. Applicant is responsible for obtaining any such permits. 11. 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 Santa Monica. Applicant is responsible for obtaining any such permits. Conformance with Approved Plans 12. This approval is for those plans dated September 2, 2014, 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. 13. 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 Santa Monica and State Alcoholic Beverage Control. 14. Project plans shall be subject to complete Code Compliance review when the building plans are submitted for plan check and shall comply with all applicable provisions of Article IX of the Municipal Code and all other pertinent ordinances and General Plan policies of the City of Santa Monica prior to building permit issuance. Fees 15. As required by California Government Code Section 66020, the project applicant is hereby notified that the 90-day period has begun as of the date of the approval of this application, in which the applicant may protest any fees, dedications, reservations, or other exactions imposed by the City as part of the approval or as a condition of approval of this development. The fees, dedications, reservations, or other exactions are described in the approved plans, conditions of approval, and/or adopted city fee schedule. Project Operations 16. 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. 27 Attachment B Draft Statement of Official Action (14CUP-011)

28 17. No exterior activity such as trash disposal, disposal of bottles or noise generating trash, deliveries or other maintenance activity generating noise audible from the exterior of the building shall occur during the hours of 11:00 pm to 7:00 am daily. In addition, there shall be no outdoor cleaning of the property with pressurized or mechanical equipment during the hours of 9:00pm to 7:00am daily. Trash containers shall be secured with locks. 18. No alcoholic beverage shall be sold for consumption beyond the premises. 19. The primary use of the premises shall be a movie theater for its patrons who are admitted with the intention of taking part in the entertainment/movie services being offered by the movie theater and its related events at the location. Alcohol shall not be served to persons except those admitted for this purpose. 20. The consumption of alcoholic beverages shall only be permitted within the six theater auditoriums. The consumption of alcoholic beverages within the common public areas outside of the six theater auditoriums shall be prohibited unless explicitly authorized otherwise herein, and in association with a special event such as private movie screenings or a film festival. 21. All sales and service of alcoholic beverages for consumption in the general spectator seating areas shall be made only from the ground floor concession stand or from one portable stand or bar in the second floor common area during a special event (e.g. private movie screening, film festival). Alcoholic beverages shall not be sold, served, or delivered to customers by ambulatory servers or vendors that carry a supply of unordered alcoholic beverages. 22. Alcoholic beverages shall be served in containers which significantly differ in appearance from those containers utilized for non-alcoholic beverages. This condition does not preclude the service of alcoholic beverages in their original containers. 23. Beer shall not be served in a quantity that exceeds 16 ounces, and wine shall not be served in a quantity that exceeds 8 ounces. 24. Points of sale of alcoholic beverages shall not be permitted within the theater auditoriums. 25. No more than two alcoholic beverages shall be sold or served to any one person during any transaction. 26. An employee of the premises shall enter and monitor the activity within the theater auditoriums on a regular basis, but no less than once every 30 minutes. 27. Neon-colored wristbands are to be used to identify patrons who are under 21 years of age when admitted to auditoriums where the rights of this approval are 28 Attachment B Draft Statement of Official Action (14CUP-011)

29 being exercised and alcohol consumption is allowed within the auditorium. Wristbands are to be attached to patron s wrists in a manner that restricts easy removal and prohibits the transferring of the wristbands to another individual. 28. Seating for up to 60 guests and alcohol consumption shall be permitted in the 2 nd floor common area only as part of special events such as private movie screenings or in association with a film festival. Otherwise, this area shall be used as a common pass-through circulation area only and no alcohol consumption, assembly, or loitering shall be permitted. 29. 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 Santa Monica City Planning Division at the beginning of the calendar year and also available to the City of Santa Monica and the State ABC upon request. 30. Any substantial changes to the mode or character of operation, including the acquisition of a new or additional license from the ABC (e.g. Type 42, Type 47, Type 48) shall require the approval of a Conditional Use Permit. 31. This Conditional Use Permit for the sale of beer and wine at the premises shall become null and void if the premises is no longer used as a movie theater. The continuation of alcohol sales at the premises under a different use shall require the approval of a new Conditional Use Permit. 32. Bottle service of any kind shall not be available to patrons. Bottle service shall mean the service of any full bottle of liquor, wine, or beer, of more than 375 ml, along with glass ware, mixers, garnishes, etc., in which patrons are able to then make their own drinks or pour their own wine or beer. Liquor bottle service shall be prohibited. 33. The establishment shall serve food to patrons during all hours the establishment is open for customers. 34. Customers shall be permitted to order food at all times the theater is open for business. 35. There shall be no minimum drink purchase requirement. 36. Any minimum purchase requirement may be satisfied by the purchase of beverages or food. 37. Take out service shall be only incidental to the primary sit-down use. 38. No dancing shall be permitted on the premises. Live entertainment may only be permitted in the manner set forth in SMMC Section Attachment B Draft Statement of Official Action (14CUP-011)

30 39. Queuing of patrons outside the building entry for checking of tickets to control entry into the establishment and/or checking of identification shall occur in an orderly manner with minimal obstruction to pedestrian circulation along the public right-of-way. 40. The establishment shall not organize or participate in organized pub-crawl events where participants or customers pre-purchase tickets or tokens to be exchanged for alcoholic beverages at the restaurant. 41. No outside promoter shall be permitted to rent or lease the premises. No event held at the theater shall be advertised under another name. All private events shall be administered through the operator of the theater. 42. No more than three television screens, including video projectors or similar audio/visual devices, shall be permitted in the common areas outside the theater auditoriums. None of these televisions or projections surfaces shall exceed 60 inches measured diagonally. 43. No video or other amusement games shall be permitted on the premises. 44. Employees of the establishment shall walk a 100-foot radius from the facility at some point prior to 30 minutes after closing and shall pick up and dispose of any discarded beverage containers and other trash left by patrons. 45. Window or other signage visible from the public right-of-way that advertises beer or alcohol shall not be permitted. 46. Applicant is on notice that all signage, temporary and permanent, is subject to the restrictions of the City sign ordinance. 47. The project shall at all times comply with the provisions of the Noise Ordinance (SMMC Chapter 4.12). 48. Pursuant to SMMC Section 4.12 (Noise), establishments with amplified music may be required to provide entrances and exits, except exits which are solely emergency exits, designed as two-door vestibules, so that only one set of doors is open at a time. Doors shall be of solid core design. Windows shall be constructed with double-paned glass. Final Design 49. Plans for final design, including outdoor dining area enclosure, landscaping, screening, trash enclosures, and signage shall be subject to review and approval by the Architectural Review Board. 30 Attachment B Draft Statement of Official Action (14CUP-011)

31 50. 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. 51. Refuse areas, storage areas and mechanical equipment shall be screened in accordance with SMMC Section , 140, and 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 particular 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. Except for solar hot water heaters, no residential water heaters shall be located on the roof. 52. No gas or electric meters shall be located within the required front or street side yard setback areas. The Architectural Review Board in its review shall pay particular attention to the location and screening of such meters. 53. 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. 54. As appropriate, the Architectural Review Board shall require the use of antigraffiti materials on surfaces likely to attract graffiti. Construction Plan Requirements 55. Any new food facility 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 Public Works 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. 31 Attachment B Draft Statement of Official Action (14CUP-011)

32 Standard Conditions 56. Mechanical equipment shall not be located on the side of any building which is adjacent to a residential building on the adjoining lot, unless otherwise permitted by applicable regulations. Roof locations may be used when the mechanical equipment is installed within a sound-rated parapet enclosure. 57. Final approval of any mechanical equipment installation will require a noise test in compliance with SMMC Section 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. 58. Construction period signage shall be subject to the approval of the Architectural Review Board. 59. The property owner shall insure any graffiti on the site is promptly removed through compliance with the City s graffiti removal program. Environmental Mitigation 60. To mitigate solid waste impacts, prior to issuance of a Certificate of Occupancy, project owner shall submit a recycling plan to the Department of Public Works 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; and 6) Plan to inform tenants/ occupants of service. 61. Ultra-low flow plumbing fixtures are required on all new development and remodeling where plumbing is to be added, including dual flush toilets, 1.0 gallon urinals and low flow shower heads. Police 62. Prior to Final Inspection approval for the tenant improvements to the subject tenant space, 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. 32 Attachment B Draft Statement of Official Action (14CUP-011)

33 63. Prior to the commencement of alcohol service, the applicant shall participate in the Santa Monica Alcohol Awareness for Retailers Training (S.M.A.A.R.T) program conducted by the Santa Monica Police Department Compliance 64. The applicant authorizes reasonable City inspection of the property to ensure compliance with the conditions of approval imposed by the City in approving this project and will bear the reasonable cost of these inspections as established by Santa Monica Municipal Code Section and Resolution No (CCS) or any successor legislation thereto. These inspections shall be no more intrusive than necessary to ensure compliance with conditions of approval. VOTE Ayes: Nays: Abstain: Absent: NOTICE If this is a final decision not subject to further appeal under the City of Santa Monica Comprehensive Land Use and Zoning Ordinance, the time within which judicial review of this decision must be sought is governed by Code of Civil Procedure Section , which provision has been adopted by the City pursuant to Municipal Code Section I hereby certify that this Statement of Official Action accurately reflects the final determination of the Planning Commission of the City of Santa Monica. Jason Parry, 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. Print Name and Title Date Applicant s Signature 33 Attachment B Draft Statement of Official Action (14CUP-011)

34 ATTACHMENT C DRAFT STATEMENT OF OFFICIAL ACTION City of Santa Monica City Planning Division PLANNING COMMISSION STATEMENT OF OFFICIAL ACTION PROJECT INFORMATION CASE NUMBER: Conditional Use Permit LOCATION: APPLICANT: PROPERTY OWNER: CASE PLANNER: 1332 Second Street, Unit B Laemmle Theatres, LLC Lidschin Investors Ariel Socarras, Associate Planner REQUEST: Conditional Use Permit (14CUP-012) to allow a Type 47 (On-Sale General Bona Fide Eating Place) alcohol license authorizing the on-site sale and consumption of beer, wine, and spirits in conjunction with a proposed 181-seat restaurant on the 1 st and 2 nd floors. CEQA STATUS: The proposed sale of alcoholic beverages in conjunction with restaurant operations within the remodeled existing commercial building is exempt from the provisions of the California Environmental Quality Act pursuant to CEQA Guideline Section 15301, Class 1 (Existing Facilities). The project involves improvements to allow alcohol licensing in conjunction with the proposed theater and restaurant operations. As part of the proposal, theater seating capacity is being reduced to 372 seats and two new restaurants totaling 346 seats are proposed, which do not constitute an expansion or intensification from the previous 1,091-seat movie theater use. 34 Attachment C Draft Statement of Official Action (14CUP-012)

35 PLANNING COMMISSION ACTION October 22, 2014 X Determination Date Approved based on the following findings and subject to the conditions below. Denied. Other: EFFECTIVE DATES OF ACTIONS IF NOT APPEALED: EXPIRATION DATE OF ANY PERMITS GRANTED: LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATES*: November 6, 2014 May 6, 2016 (18 months for projects located in the Coastal Zone) 6 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 restaurant use with incidental alcohol sales 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 SMMC Section provides that a restaurant is a permitted use in the BSC-4 zoning district, and that SMMC Section provides that a Conditional Use Permit is required for the sale and consumption of alcoholic beverages. 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 (BSC) district allows for a variety of commercial uses including restaurants, as well as alcohol-serving and other entertainment and service establishments. Ancillary services such as alcohol sales are anticipated for restaurant uses. Additionally, the Downtown district contains the largest concentration and mix of uses within the City. The purpose of the BSC district is to provide for a concentration of retail, entertainment, office and housing uses in addition to complementary uses such as hotels and cultural facilities. Additionally, the district is intended to encourage 35 Attachment C Draft Statement of Official Action (14CUP-012)

36 an increase in the mix of uses and level of activity in the area while maintaining a sense of human scale and pedestrian-oriented character. In this case, the proposed restaurant use is consistent with other restaurants in the Downtown, which include alcohol sales as a complementary offering to food service. The proposed restaurant use with incidental alcohol sales will strengthen the activity in the area by adding a pedestrian-oriented use that serves the residents, employees, and tourists visiting the Downtown. 3. The subject parcel is physically suitable for the type of land use being proposed, in that the parcel is developed with an approximately 18,389 square foot, twostory commercial building with an existing multi-screen movie theater. The construction project includes a remodeling of the building to reduce the theater area, improve the rooftop for a new restaurant, and an interior addition for a separate restaurant on the first and second floors of the building that will increase the overall building square footage to 24,714 square feet. The subject request of this entitlement is to allow the on-site sale and consumption of beer, wine, and spirits in conjunction with a restaurant. The addition of alcohol sales can be readily accommodated within the operation of the proposed restaurant use as an ancillary service. 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. A multi-screen movie theater has existed on the subject site since Remodeling of the existing building is proposed that will reduce the overall size and seating capacity of the theater use from 1,091 seats to 372 seats, and will also introduce two new restaurants within the building. The proposed restaurant use with incidental alcohol sales is compatible with the proposed reduced size and operations of the theater use and will complement the theater use in creating a regional entertainment and dining destination. 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 BSC district encourages a concentration of retail, entertainment, office, and housing uses in addition to other complementary uses such as hotels and cultural facilities. Additionally, the district is intended to encourage an increase in the mix of uses and level of activity in the area while maintaining a sense of human scale and pedestrian-oriented character. In this case, the proposed restaurant use is consistent with other restaurants in the Downtown, which include alcohol sales as a complementary offering to food service. The proposed restaurant use with incidental alcohol sales will strengthen the activity in the area by adding a pedestrian-oriented use that serves the residents, employees, and tourists visiting the Downtown. 6. There are adequate provisions for water, sanitation, and public utilities and services to ensure that the expanded restaurant use would not be detrimental to public health and safety, in that the site is located within an urbanized area 36 Attachment C Draft Statement of Official Action (14CUP-012)

37 adequately served by existing infrastructure. Furthermore, the proposed restaurant use with ancillary alcohol sales is proposed within an existing commercial building that will be remodeled and renovated to comply with all the current infrastructure requirements. 7. Public access to the proposed use will be adequate, in that pedestrian access is provided from 2 nd Street. Furthermore, pedestrian-oriented design features (e.g. entrances, visual transparency, articulated façade) are provided at the ground level as part of the proposed building façade improvements. The subject site is located within the City s Downtown Parking Assessment District where a significant amount of off-street parking is provided within city-owned parking structures. The addition of alcohol service, in and of itself, is not expected to generate additional traffic or parking demand for the proposed restaurant use; nevertheless, parking for the restaurant will continue to be provided within Parking Structures #4 and #2, which are less than 100 feet and 500 feet away from the subject site, respectively. 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 restaurant is located within the Downtown, which encourages this type of use and activity within the district. Furthermore, the use is a pedestrian-oriented use and the building design includes pedestrian-oriented features (e.g. entrances, visual transparency, articulated façade) that will provide a walkable destination for residents, employees, visitors, and tourists to the area. 9. The proposed use is consistent with the goals, objectives, and policies of the General Plan, in that the LUCE Goal D1 strives to maintain Downtown s competitive advantage as a premier local and regional shopping, dining, and entertainment destination. Policy D1.1 implements this Goal by encouraging the creation of diverse retail opportunities including local and regional serving retail and dining in the Downtown. The proposed restaurant will enhance the dining options on the west side of Downtown, and allows the use to remain competitive with other alcohol serving restaurants in the district. Furthermore, the LUCE Goals D7 and D8 aim to reinforce the Downtown as the greatest concentration of activity in the City, and to ensure that remodeled buildings in the Downtown contribute to the pedestrian character of the Downtown District. These Goals are achieved by the proposal in that the proposed design and scale of the ground floor incorporates pedestrian-oriented design features (e.g. entrances, visual transparency, articulated façade) to visually activate the sidewalk and enliven the streetscape. 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 and the Land Use Element of the General Plan, and conditions to mitigate any potential adverse impacts such as limiting the operator to 35% of total gross revenues on the percentage of alcohol sales per year will ensure that 37 Attachment C Draft Statement of Official Action (14CUP-012)

38 the primary business remain a restaurant use with alcohol sales serving only as an ancillary component of the operation. 11. The proposed use conforms precisely to the applicable performance standards contained in Subchapter and special conditions outlined in Subchapter 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 over concentration of such uses in the immediate vicinity, in that the proposed restaurant use with ancillary alcohol sales is located in the Downtown district where a variety of retail, office, dining, and entertainment uses are encouraged. Furthermore, according to Section of the SMMC, up to 50 alcohol establishments are allowed within the BSC district, which will not be exceeded with the introduction of the proposed use. 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 and part of the vibrant Santa Monica Downtown, separated from any major residential neighborhood. The proposed alcohol sales will occur with food service and as an ancillary component of the primary restaurant use. Adverse impacts to the neighborhood residents are not expected if the restaurant use operates as governed by the specific operational conditions of approval associated with this Conditional Use Permit. 2. The proposed use will not contribute to an undue concentration of alcohol outlets in the area in that according to Section of the SMMC, up to 50 alcohol establishments are allowed within the BSC district, which will not be exceeded with the introduction of the proposed use. Furthermore,.the proposed restaurant use with ancillary alcohol sales is located in a district that encourages commercial recreation and visitor serving uses and activities. The general vicinity is frequented by large numbers of local residents as well as office workers, shoppers, and visitors from outside the City. 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, and other existing alcohol outlets in that the conditions of approval will minimize the potential effect on the sensitive uses in the vicinity. While residential uses are located in close proximity to the site, it is anticipated that the incorporation of conditions that limit the service and availability of alcohol service will mitigate any alcohol related problems in the area. Furthermore, the conditions of approval require the use to comply with the Noise Ordinance (SMMC Chapter 4.12.), which will minimize the potential effect on the adjacent residential RVC district that is located within 100 feet of 38 Attachment C Draft Statement of Official Action (14CUP-012)

39 the subject site. Specifically, SMMC Section , which regulates business operations by restricting the hours of deliveries, outdoor maintenance activities, and trash and recycling activities. 4. The proposed use is compatible with existing and potential uses within the general area in that the restaurant is in a commercial district, and a restaurant use with incidental alcohol sales is compatible with the broad range of existing and permitted uses in the Downtown district. 5. Traffic and parking congestion will not result from the proposed use in that the parking demand and traffic patterns in the neighborhood will not change due to the provision of incidental alcohol sales in conjunction with a restaurant use. According to SMMC Section , the primary use of the subject tenant space as a restaurant is a permitted use. The addition of alcoholic beverages to an establishment s menu increases its patrons beverage choices; however, the offering of alcoholic beverages as a service component of the use will not, in and of itself, increase traffic and parking demand in the neighborhood. 6. The public health, safety, and general welfare are protected in that the project is consistent with the provisions of the Zoning Ordinance and the Land Use Element of the General Plan, and alcohol outlet specific conditions have been added to mitigate any potential adverse impacts. 7. No harm to adjacent properties will result in that the conditions of approval will ensure that primary use of the establishment is a restaurant with food service, and alcohol sales will be an ancillary component. 8. The proposed use is consistent with the goals, objectives, and policies of the General Plan, in that the LUCE Goal D1 strives to maintain Downtown s competitive advantage as a premier local and regional shopping, dining, and entertainment destination. Policy D1.1 implements this Goal by encouraging the creation of diverse retail opportunities including local and regional serving retail and dining in the Downtown. The proposed restaurant will enhance the dining options on the west side of Downtown, and allows the use to remain competitive with other alcohol serving restaurants in the district. Furthermore, the LUCE Goals D7 and D8 aim to reinforce the Downtown as the greatest concentration of activity in the City, and to ensure that remodeled buildings in the Downtown contribute to the pedestrian character of the Downtown District. These Goals are achieved by the proposal in that the proposed design and scale of the ground floor incorporates pedestrian-oriented design features (e.g. entrances, visual transparency, articulated façade) to visually activate the sidewalk and enliven the streetscape. 39 Attachment C Draft Statement of Official Action (14CUP-012)

40 CONDITIONS OF APPROVAL: PLANNING AND COMMUNITY DEVELOPMENT Project Specific Conditions 1. Seating arrangements for sit-down patrons shall not exceed 181 seats, consisting of 109 seats on the first floor (86 table, 11 counter, 12 outdoor), and 72 seats on the second floor (64 table, 8 counter). 2. The permitted hours of restaurant operation and alcohol service shall be 6:00 a.m. 1:00 a.m. Sunday thru Thursday, and 6:00 a.m. 2:00 a.m. Friday and Saturday with complete closure and all employees vacated from the building within one hour after closing. No "after hours" operations shall be permitted. Alcohol service to the outdoor seating area shall cease one hour in advance of the operating hours otherwise permitted. Administrative 3. 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 , Sections through 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 18 months from the permit s effective date. Exercise of rights shall mean issuance of a building permit to commence construction for the necessary improvements for the proposed use.. 4. 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 City 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. 5. Prior to commencement of alcohol sales, 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 and approved floor plan, is available upon request. This notice shall remain posted at all times the establishment is in operation. 40 Attachment C Draft Statement of Official Action (14CUP-012)

41 6. 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. 7. Prior to commencement of alcohol sales, 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 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. 8. Prior to commencement of alcohol sales, 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. 9. 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. 10. Applicant is advised that the project is in the California Coastal Zone and may need approval of the California Coastal Commission prior to issuance of any building permits by the City of Santa Monica. Applicant is responsible for obtaining any such permits. 11. 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 Santa Monica. Applicant is responsible for obtaining any such permits. Conformance with Approved Plans 12. This approval is for those plans dated September 2, 2014, a copy of which shall be maintained in the files of the City Planning Division. Project development shall 41 Attachment C Draft Statement of Official Action (14CUP-012)

42 be consistent with such plans, except as otherwise specified in these conditions of approval. 13. 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 Santa Monica and State Alcoholic Beverage Control. 14. Project plans shall be subject to complete Code Compliance review when the building plans are submitted for plan check and shall comply with all applicable provisions of Article IX of the Municipal Code and all other pertinent ordinances and General Plan policies of the City of Santa Monica prior to building permit issuance. Fees 15. As required by California Government Code Section 66020, the project applicant is hereby notified that the 90-day period has begun as of the date of the approval of this application, in which the applicant may protest any fees, dedications, reservations, or other exactions imposed by the City as part of the approval or as a condition of approval of this development. The fees, dedications, reservations, or other exactions are described in the approved plans, conditions of approval, and/or adopted city fee schedule. 16. No building permit shall be issued for the project until the developer complies with the requirements of Chapter 9.73 of the Santa Monica Municipal Code, the Transportation Impact Fee Program. 17. No building permit shall be issued for the project until the developer complies with the requirements of Chapter 9.72 of the Santa Monica Municipal Code, the Child Care Linkage Program. Project Operations 18. 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. 19. No exterior activity such as trash disposal, disposal of bottles or noise generating trash, deliveries or other maintenance activity generating noise audible from the exterior of the building shall occur during the hours of 11:00pm to 7:00am daily. In addition, there shall be no outdoor cleaning of the property with pressurized or 42 Attachment C Draft Statement of Official Action (14CUP-012)

43 mechanical equipment during the hours of 9:00pm to 7:00am daily. containers shall be secured with locks. Trash 20. No alcoholic beverage shall be sold for consumption beyond the premises. 21. Except for special events, alcohol shall not be served in any disposable container such as disposable plastic or paper cups. 22. 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 Santa Monica City Planning Division at the beginning of the calendar year and also available to the City of Santa Monica and the State ABC upon request. 23. The primary use of the premises shall be for sit-down meal service to patrons. Alcohol shall not be served to persons except those intending to purchase meals. 24. Bottle service shall mean the service of any full bottle of liquor, wine, or beer, of more than 375 ml, along with glass ware, mixers, garnishes, etc., in which patrons are able to then make their own drinks or pour their own wine or beer. Liquor bottle service shall be prohibited. Wine and beer bottle service shall not be available to patrons unless full meal service is provided concurrent with the Bottle service. All food items shall be available from the full service menu. 25. The establishment shall maintain a kitchen or food-serving area in which a variety of food is prepared and cooked on the premises. 26. The establishment shall serve food to patrons during all hours the establishment is open for customers. 27. Customers shall be permitted to order meals at the dining counter area at all times the restaurant is open for business. 28. There shall be no cover charge or minimum drink purchase requirement. 29. Any minimum purchase requirement may be satisfied by the purchase of beverages or food. 30. Take out service shall be only incidental to the primary sit-down use. 31. The primary use of the outdoor dining area shall be for seated meals service. Patrons who are standing in the outdoor seating area shall not be served. 32. No dancing or live entertainment beyond that allowed in the restaurant definition contained in the Zoning Ordinance shall be permitted on the premises. 43 Attachment C Draft Statement of Official Action (14CUP-012)

44 33. No organized queuing of patrons at the entry or checking of identification to control entry into and within the establishment shall be permitted. There shall not be any age limitation imposed restricting access to any portion of the restaurant. 34. The restaurant shall not organize or participate in organized pub-crawl events where participants or customers pre-purchase tickets or tokens to be exchanged for alcoholic beverages at the restaurant. 35. No video or other amusement games shall be permitted on the premises. 36. No more than three television screens, including video projectors or similar audio/visual devices, shall be on the premises. None of these televisions or projections surfaces shall exceed 60 inches measured diagonally. 37. Employees of the establishment shall walk a 100-foot radius from the facility at some point prior to 30 minutes after closing and shall pick up and dispose of any discarded beverage containers and other trash left by patrons. 38. Window or other signage visible from the public right-of-way that advertises beer or alcohol shall not be permitted. 39. Applicant is on notice that all signage, temporary and permanent, is subject to the restrictions of the City sign ordinance. 40. The project shall at all times comply with the provisions of the Noise Ordinance (SMMC Chapter 4.12). 41. Pursuant to SMMC Section 4.12 (Noise), establishments with amplified music may be required to provide entrances and exits, except exits which are solely emergency exits, designed as two-door vestibules, so that only one set of doors is open at a time. Doors shall be of solid core design. Windows shall be constructed with double-paned glass. Final Design 42. Plans for final design, including outdoor dining area enclosure, landscaping, screening, trash enclosures, and signage shall be subject to review and approval by the Architectural Review Board. 43. 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. 44. Refuse areas, storage areas and mechanical equipment shall be screened in accordance with SMMC Section , 140, and 150. Refuse areas 44 Attachment C Draft Statement of Official Action (14CUP-012)

45 shall be of a size adequate to meet on-site need, including recycling. The Architectural Review Board in its review shall pay particular 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. Except for solar hot water heaters, no residential water heaters shall be located on the roof. 45. No gas or electric meters shall be located within the required front or street side yard setback areas. The Architectural Review Board in its review shall pay particular attention to the location and screening of such meters. 46. 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. 47. As appropriate, the Architectural Review Board shall require the use of antigraffiti materials on surfaces likely to attract graffiti. Construction Plan Requirements 48. 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 Public Works 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. Standard Conditions 49. Mechanical equipment shall not be located on the side of any building which is adjacent to a residential building on the adjoining lot, unless otherwise permitted by applicable regulations. Roof locations may be used when the mechanical equipment is installed within a sound-rated parapet enclosure. 50. Final approval of any mechanical equipment installation will require a noise test in compliance with SMMC Section Equipment for the test shall be 45 Attachment C Draft Statement of Official Action (14CUP-012)

46 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. 51. Final parking lot layout and specifications shall be subject to the review and approval of the Strategic and Transportation Planning Division. 52. Construction period signage shall be subject to the approval of the Architectural Review Board. 53. The property owner shall insure any graffiti on the site is promptly removed through compliance with the City s graffiti removal program. Environmental Mitigation 54. To mitigate solid waste impacts, prior to issuance of a Certificate of Occupancy, project owner shall submit a recycling plan to the Department of Public Works 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; and 6) Plan to inform tenants/ occupants of service. 55. Ultra-low flow plumbing fixtures are required on all new development and remodeling where plumbing is to be added, including dual flush toilets, 1.0 gallon urinals and low flow shower heads. Police 56. Prior to Final Inspection approval for the tenant improvements to the subject tenant space, 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. 57. Prior to the commencement of alcohol service, the applicant shall participate in the Santa Monica Alcohol Awareness for Retailers Training (S.M.A.A.R.T) program conducted by the Santa Monica Police Department 46 Attachment C Draft Statement of Official Action (14CUP-012)

47 Compliance 58. The applicant authorizes reasonable City inspection of the property to ensure compliance with the conditions of approval imposed by the City in approving this project and will bear the reasonable cost of these inspections as established by Santa Monica Municipal Code Section and Resolution No (CCS) or any successor legislation thereto. These inspections shall be no more intrusive than necessary to ensure compliance with conditions of approval. VOTE Ayes: Nays: Abstain: Absent: NOTICE If this is a final decision not subject to further appeal under the City of Santa Monica Comprehensive Land Use and Zoning Ordinance, the time within which judicial review of this decision must be sought is governed by Code of Civil Procedure Section , which provision has been adopted by the City pursuant to Municipal Code Section I hereby certify that this Statement of Official Action accurately reflects the final determination of the Planning Commission of the City of Santa Monica. Jason Parry, 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. Print Name and Title Date Applicant s Signature 47 Attachment C Draft Statement of Official Action (14CUP-012)

48 ATTACHMENT D DRAFT STATEMENT OF OFFICIAL ACTION City of Santa Monica City Planning Division PLANNING COMMISSION STATEMENT OF OFFICIAL ACTION PROJECT INFORMATION CASE NUMBER: Conditional Use Permit LOCATION: APPLICANT: PROPERTY OWNER: CASE PLANNER: 1332 Second Street, Unit C (Rooftop) Laemmle Theatres, LLC Lidschin Investors Ariel Socarras, Associate Planner REQUEST: Conditional Use Permit (14CUP-013) to allow a Type 47 (On-Sale General Bona Fide Eating Place) alcohol license authorizing the on-site sale and consumption of beer, wine, and spirits in conjunction with a new 165-seat restaurant on the rooftop of the commercial building. CEQA STATUS: The proposed sale of alcoholic beverages in conjunction with restaurant operations within the remodeled existing commercial building is exempt from the provisions of the California Environmental Quality Act pursuant to CEQA Guideline Section 15301, Class 1 (Existing Facilities). The project involves improvements to allow alcohol licensing in conjunction with the proposed theater and restaurant operations. As part of the proposal, theater seating capacity is being reduced to 372 seats and two new restaurants totaling 346 seats are proposed, which do not constitute an expansion or intensification from the previous 1,091-seat movie theater use. 48 Attachment D Draft Statement of Official Action (14CUP-013)