Planning Commission Report

Transcription

1 Planning Commission Report To: From: Subject: Planning Commission Planning Commission Meeting: November 16, 2011 Amanda Schachter, City Planning Division Manager Agenda Item: 8-A Conditional Use Permit to allow the incidental on-site sale and consumption of alcohol beverages in conjunction with a new restaurant known as Al Mare Restaurant. Address: Applicant: 250 Santa Monica Pier David Forbes Hibbert, AIA Recommended Action It is recommended that the Planning Commission take the following action subject to findings and conditions contained in Attachment B: 1. Approve Conditional Use Permit Adopt the Statement of Official Action Executive Summary The applicant requests approval of an alcohol license which would allow a new 261-seat restaurant operator to provide the incidental sale and consumption of alcoholic beverages to dining patrons. The full-service restaurant operator would acquire a Type 47 (On-Sale General, Bona Fide Eating Place) license and occupy the 9,065 square foot tenant space located in the building formerly known as the Billiards Building located on the Santa Monica Pier. The subject restaurant space is located along the eastern portion of the existing building in the Oceanfront Land Use District and in the RVC (Residential-Visitor Commercial) Zoning District. Pursuant to SMMC Sections and , a Conditional Use Permit is required for the dispensing and sale of alcoholic beverages within eating and drinking establishments. The tenant space has been vacant since 2000 and was last occupied by a 376-seat cabaret and restaurant use with Type-47 alcohol license. The following issues should be considered by the Planning Commission in its review of the proposed project and are addressed in this report: Is the proposed incidental alcoholic beverage sale and consumption within a restaurant space compatible with the surrounding neighborhood? Will the proposed conditions of approval mitigate potential alcohol-related adverse impacts on the area? 1

2 Is the alcohol license in conjunction with the restaurant operations consistent with the Land Use Element of the General Plan and Zoning District? Background RPP On September 23, 2010, the Zoning Administrator approved a Reduced Parking Permit for the shared use of parking spaces on the Santa Monica Pier in conjunction with the operation of a new restaurant within an existing tenant space previously used as a restaurant/cabaret tenant space (Expiration date - April 7, 2012) LC-10CA-017 and LC-11CA-008 On June 13, 2011, the Landmarks Commission approved a Certificate of Appropriateness application 10CA-017 for exterior modifications and 11CA-008, for a sign adjustment for the tenant business identification signs (Expiration date June 24, 2012). 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: Land Use Element Designation: Parcel Area (SF): Existing On-Site Improvements (Year Built): Adjacent Zoning Districts and Land Uses: RVC (Residential-Visitor Commercial) District Ocean Front District Approx. 8.6 Acres The Santa Monica Pier is considered one parcel and is developed with multiple structures. (Billiard Building built 1903) North: RVC, Pier platform & beach parking lot East: RVC, Carousel Building South: RVC, Pier parking West: RVC, Adjacent restaurant tenant space 250 Santa Monica Pier Site Location Map The Santa Monica Pier and beach are iconic locations for the City and serve as a popular regional Southern California destination. The businesses on the Pier cater to the needs of visitors and residents by providing retail items, food and drink, games and entertainment. The subject restaurant tenant space is located within the eastern portion 2

3 of the Billiard Building located on the Santa Monica Pier. Surrounding uses consist of the Pier platform and the beach parking lot to the north (RVC), the Pier platform parking area to the south (RVC) the Carousel Building to the east (RVC), and Rusty s Surf Ranch Restaurant in the adjacent tenant space to the west (RVC). Environmental Analysis This request is exempt from the provision of the CEQA pursuant to Section (Class 1), Existing Facilities, of the State Implementation Guidelines in that the project will involve restaurant interior improvements within an existing tenant space to allow alcohol licensing in conjunction with restaurant operations. Project Analysis Proposed Project Operation / Hours of Alcohol Service The applicant requests a CUP to allow the incidental sale and consumption of alcoholic beverages within a new full-service Italian restaurant. The new restaurant operator, Romana Pier LLC, is an established restaurant operator within the City of Santa Monica and owns other Italian restaurants, including Trastevere located on the Third Street Promenade. The new restaurant, Al Mare, would also serve Italian food and would be similar in setup to another restaurant the operator owns located at The Grove of Los Angeles known as La Piazza. The restaurant would occupy the eastern portion of a multi-tenant building. The restaurant space would occupy both the first and second floors of the tenant space and the existing outdoor dining area along the south side of the building. In addition, a new roof deck dining area as well as a new outdoor dining patio on the ground floor and a new outdoor dining balcony on the second floor of the north façade are proposed. With the interior reconfiguration and addition of the outdoor dining area, the total restaurant tenant space is proposed to be increased from 7,068 square feet to 9,065 square feet. The increase in the restaurant area is primarily due to the creation of outdoor dining and service areas on the new roof deck and the outdoor dining patio and balcony along the north façade. In addition, approximately 147 square feet of second floor interior space is created by reducing the amount of area that was open to the first floor. Indoor Seating First Floor 1,308 SF 70 seats Second Floor 406 SF 28 seats Total Indoor Seating 1,714 SF 98 seats Bar Seating First Floor 969 SF 41 seats Roof Deck 167 SF 10 seats Total Bar Seating 1,136 SF 51 seats Outdoor Seating First Floor 1,081 SF 54 seats Second Floor 331 SF 22 seats 3

4 Roof Deck 953 SF 36 seats Total Outdoor Seating 2,365 SF 112 seats Total Restaurant Seating 5,015 SF 261 seats The number of seats, however, would be reduced from 376 to 261 seats which would include 98 indoor dining seats (first and second floor), 51 bar seats and 112 outdoor dining seats (first floor patio, second floor balcony and roof deck). The decrease of the number of seats by 115 is due to the change in the layout of the tenant space from a theater seating arrangement for the cabaret/restaurant of the previous use to a regular full service restaurant. The restaurant establishment would function as a full-service restaurant for sit-down meal service with ancillary music/entertainment in conformance with the restaurant definition per SMMC Ancillary music/ entertainment within a restaurant use is permitted provided there is sit down meal service provided at all times while the entertainment is taking place, there is no dancing or dance floor, there is no cover charge or minimum drink purchase requirement, and the entertainment is provided only in the dining areas. As proposed, the restaurant meets the definition of a restaurant and will only provide music/entertainment ancillary to the full sit-down restaurant. PROPOSED FIRST FLOOR LAYOUT DINING AREA BAR AREA SUPPORT AREA 4

5 PROPOSED SECOND FLOOR LAYOUT PROPOSED ROOF DECK LAYOUT The restaurant proposes the ability for patrons to purchase and consume alcoholic beverages during the hours of operation of the restaurant, which are 7:00 AM to 2:00 AM daily. In order to prevent the use of the bar, patio and large roof deck areas in a manner that functions independently of the primary restaurant establishment, the restaurant would be required to serve food to patrons in all dining areas and during all 5

6 hours the establishment is open for customers. Further, to ensure that the primary business operations are as a food-serving establishment, Condition No. 19 requires that no more than 35% of total gross revenues per year be from alcohol sales. The restaurant s outdoor dining areas, including new roof deck, cover approximately 26% of the total restaurant floor area with access from the interior of the restaurant space. Alcohol service will complement the full scale meal service with ancillary bar area on the first floor and roof deck. Staff does not have any concerns with alcohol services of the proposed restaurant given its location on the Santa Monica Pier adjacent to the primary pedestrian path and the Pier Deck Parking, in close proximity to other restaurants that serve a full-line of alcoholic beverages as part of their operations. A restaurant use with outdoor dining areas and alcohol service adds to the dining opportunities on the Pier, and is consistent with the intent of the RVC District to maintain and enhance the area for both residents and visitors. Community and Cultural Services (CCS) and Police Department (PD) CCS and PD have been notified of the project. There have been no comments or objections to the proposal from CCS; however, PD has suggested conditions of approval in an effort to limit impacts to residential uses in the Oceanfront area related to loud noises, disturbances and public intoxication. The suggested conditions are listed below and are included as conditions of approval for the project. The last hour for serving alcoholic beverages in the outdoor seating areas shall be 12:30 AM. All alcoholic beverages and patrons shall vacate the outdoor seating areas no later than 1:00 AM daily. The establishment shall serve food to patrons during all hours the establishment is open for customers. Neighborhood Compatibility The Oceanfront District is intended to maintain and enhance the district as an important visitor-serving destination with lodging, restaurants, shopping and recreation, while protecting the existing residential uses in the area. The proposed restaurant would provide and add to the strong visitor-oriented uses on the Santa Monica Pier. The proposed use would not affect the existing residential mix because it is located within the visitor-commercial portion of the RVC zone, far enough away to avoid light, noise and glare impacts. Furthermore, customers leaving the Pier and beach parking lots would exit directly onto major thoroughfares (Ocean Avenue or PCH) and not onto smaller residential streets. The proposal is, therefore consistent with this intention. The Santa Monica Pier is developed with a strong pedestrian orientation. Uses developed along the Pier s main walkway such as the proposed restaurant add interest and variety to the visitor s experience. The restaurant s north and south elevations includes outdoor dining patios and balconies, which establish a connection with the Pier s pedestrian visitors that are not restaurant customers. The proposed outdoor dining seating, including seating on the roof deck also provides opportunities for watching activities and people on the Pier as well as providing a connection with the 6

7 surrounding coastal area. A full-service restaurant use with accessory alcoholic beverage service is compatible with other Pier activities and will add vitality to the Pier, consistent with the General Plan s goals for the Santa Monica Pier and Oceanfront District. Alcohol Outlets in the Area Dining establishments on and adjacent to the Santa Monica Pier are typically paired with alcohol licenses. Additionally, outdoor seating is encouraged for restaurants exterior spaces. The following table identifies the location, license type and hours of other alcohol serving outlets within 500-feet of the subject site: Establishment Address License Type Hours of Alcohol License Bubba Gump Shrimp Co. Surf View Café (Previously) 301 Santa Monica Pier Type 47, On-Sale General Eating Place 9AM Midnight, Sun-Wed 9AM 1AM, Thur-Sat 330 Santa Monica Pier Type 40, On-Sale Beer Legal Non-Conforming ABC Hours (2:00 AM) Marisol Restaurant 401 Santa Monica Pier Type 47, On-Sale General Eating Place Santa Monica Pier Seafood 258 Santa Monica Pier Type 41, On-Sale Beer and Wine Eating Place Rusty s Surf Ranch 256 Santa Monica Pier Type 47, On-Sale General Eating Place The Lobster 1602 Ocean Ave. Type 47, On-Sale General Eating Place Bruno s Italian Restaurant & Deli Big Deans Ocean Front Café Lowes Santa Monica Beach Hotel 1652 Ocean Ave. Type 41, On-Sale Beer and Wine Eating Place 1615 Ocean Front Walk Type 41 On-Sale Beer and Wine Eating Place 1700 Ocean Ave. Type 47, On-Sale General Eating Place 9AM Midnight, Sun-Thur 6AM- 1AM, Fri-Sat Legal Non-Conforming ABC Hours (2:00 AM) Legal Non-Conforming ABC Hours (2:00 AM) 10AM-11AM Mon-Fri 10AM 1AM, Sat-Sun Legal Non-Conforming ABC Hours (2:00 AM) 10AM 2AM Daily 6AM 2AM Daily Conformance with Land Use Element The project is located on the Santa Monica Pier and within the City s Beach and Oceanfront District that serves the city and the region as a well-used public recreation amenity. The proposed project is in keeping with City Wide Goal LU18, which states that the Beach and Oceanfront is to be celebrated as the City s most valuable natural, recreational and public asset and is further supported by policy D18.8 which encourages visitor-serving uses in commercial areas west of Ocean Avenue between Colorado Avenue and Pico Boulevard. The proposed project upholds the goals and policies by occupying and activating a tenant space that has been vacant for more than 10 years with a visitor-serving restaurant use with incidental alcohol service. As proposed, the expansion of the outdoor dining area along the north side creates an opportunity for more interaction with pedestrians while allowing the Pier Deck to be fully utilized by pedestrians and bicyclists. City Wide Policy E5 encourages the creation of a local business-friendly environment that supports the retention of locally-owned and operated small businesses and Policy E6 encourages visitor-serving uses in the City 7

8 that support economic sustainability that are consistent with traffic reducing incentives. The granting of the CUP would allow the restaurant business the opportunity to serve visitors to the Santa Monica Pier which attracts patrons using alternative modes of transportation like walking and biking to the Pier. 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 Approve OR Deny, with or without prejudice, the subject application Conclusion The project proposes allowing a new restaurant to supplement the business operations with incidental alcohol sale and service in the Residential-Visitor Commercial District. The restaurant establishment would provide meal service with alcoholic beverages, from 7:00 AM to 2:00 AM daily. Operational and alcohol related conditions of approval are included to mitigate potential adverse impacts and to ensure the use s harmonious compatibility with the surrounding neighborhood. The proposed use is consistent with the LUCE which encourages visitor-serving activity on and around the Pier area. Dining destinations serve the local residents as well as visitors to the Santa Monica Pier during day and evening hours. The full-service restaurant with incidental alcohol service will provide meal service throughout the day to residents and visitors and enhance the goals and intent established for the district. Prepared by: Lily Yegazu, Associate Planner Paul Foley, Principal Planner Attachments A. General Plan and Municipal Code Compliance Worksheet B. C. Public Notification & Comment Material D. Rendering, Photographs and Project Plans F:\CityPlanning\Share\PC\STRPT\2011\11CUP006 (250 Santa Monica Pier - Al Mare).docx 8

9 ATTACHMENT A GENERAL PLAN AND MUNICIPAL CODE COMPLIANCE WORKSHEET Project Location and Permit Processing Time Limits Project Address: 250 Santa Monica Pier Application Filing Date: May 5, 2011, Deemed Complete October 28, 2011 CEQA Deadline: November 27, 2011 PSA Deadline: January 26, 2012 Total Process Review Time (Days): 19 days General Plan and Municipal Code Compliance Worksheet CATEGORY LAND USE ELEMENT MUNICIPAL CODE PROJECT Permitted Use NA A Conditional Use Permit is required for the dispensing and sale of alcoholic beverages. [SMMC Section ] Applicant requests a Conditional Use Permit to allow a new restaurant the on-site sale and consumption of alcohol. 9 Attachment A General Plan & Municipal Code Compliance Worksheet

10 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: REQUEST: CEQA STATUS: 250 Santa Monica Pier David Forbes Hibbert, AIA City of Santa Monica Lily Yegazu, Associate Planner The applicant requests approval of a Conditional Use Permit (11CUP-006) to allow the incidental on-site sale and consumption of alcoholic beverages in conjunction with a new full-service restaurant. The project is categorically exempt from the provisions of CEQA, Section (Class 1), Existing Facilities, of the State Implementation Guidelines in that the project will involve restaurant interior improvements within an existing tenant space to allow alcohol licensing in conjunction with restaurant operations. PLANNING COMMISSION ACTION November 16, 2011 Determination Date Approved based on the following findings and subject to the x conditions below. Denied. Other: 10 Attachment B

11 EFFECTIVE DATES OF ACTIONS IF NOT APPEALED: EXPIRATION DATE OF ANY PERMITS GRANTED: LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATES*: November 30, 2011 May 30, months * Any request for an extension of the expiration date must be received in the City Planning Division prior to expiration of this permit. Each and all of the findings and determinations are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the Project. All summaries of information contained herein or in the findings are based on the substantial evidence in the record. The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact. FINDINGS: CONDITIONAL USE PERMIT FINDINGS 1. The proposed use is one conditionally permitted within the subject district and complies with all of the applicable provisions of the "City of Santa Monica Comprehensive Land Use and Zoning Ordinance", in that eating and drinking establishments with alcohol service are conditionally permitted in the RVC (Residential-Visitor Commercial) District of the Zoning Ordinance. 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 RVC District s intent is to protect the existing residential mix in the area while providing for the concentration and expansion of coastal-related, lodging, dining, recreation, and shopping needs of tourists and others in the oceanfront area. The new restaurant adds to the mix of the food serving establishments for both local residents and visitors to the area. Alcohol-related problems are not generally associated with full-service restaurants and conditions of approval have been included to mitigate potential impacts related to the serving and consuming alcohol on the restaurant tenant s premises. 3. The subject parcel is physically suitable for the type of land use being proposed, in that the parcel is the Santa Monica Pier and the proposed restaurant with alcoholic beverage service will be located within a tenant space that was previously occupied as a cabaret/restaurant use. 4. The proposed use is compatible with any of the land uses presently on the subject parcel if the present land uses are to remain, in that the issuance of alcohol license is compatible with the allowed restaurant use and with other uses 11 Attachment B

12 on the Santa Monica Pier. The new restaurant with patio and roof deck outdoor dining areas and incidental alcohol sales will occupy an existing tenant space previously occupied as a cabaret/restaurant establishment and is compatible with typical restaurant operations existing on the Santa Monica Pier and in the immediate area. Alcohol-related problems are not generally associated with fullservice restaurants as the operators are vested in providing an environment conducive to dining. 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 area is characterized by a variety of dining establishments with similar licensing and dining hours. As proposed, the hours of alcohol service are no more intense than typical restaurants in the RVC and neighboring C3 and Bayside Districts. Additionally, alcohol-related problems are not generally associated with full-service restaurants, as operators are vested in providing environments conducive to dining. The Conditions of Approval will ensure that the use operates in a harmonious manner with the adjacent land uses and will not create alcohol-related problems in the area. 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 alcohol licensing is conditionally permitted in the Zoning Ordinance and is proposed for a restaurant tenant space located within an existing development with restaurant use. 7. Public access to the proposed use will be adequate in that parking will be provided in the Pier deck parking lot and in surrounding beach lots and adequate pedestrian and bike access is provided from the Pier deck. 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 new restaurant will occupy a tenant space previously occupied by a cabaret/restaurant. The proposed alcohol licensing will be in conjunction with a full-service, sit-down restaurant in an area developed with other dining establishments. 9. The proposed use is consistent with the goals, objectives, and policies of the General Plan, in that the project is located on the Santa Monica Pier and within the City s Beach and Oceanfront District that serves the city and the region as a well-used public recreation amenity. The proposed project is in keeping with City Wide Goal LU18, which states that the Beach and Oceanfront is to be celebrated as the City s most valuable natural, recreational and public asset and is further supported by policy D18.8 which encourages visitor-serving uses in commercial areas west of Ocean Avenue between Colorado Avenue and Pico Boulevard. The proposed project upholds the goals and policies by occupying and activating a tenant space with a visitor-serving restaurant use with incidental alcohol service, a tenant space that has been vacant for more than 10 years. City Wide 12 Attachment B

13 Policy E5 encourages the creation of a local business-friendly environment that supports the retention of locally-owned and operated small businesses and Policy E6 encourages visitor-serving uses in the City that support economic sustainability that are consistent with traffic reducing incentives. The granting of the CUP would allow the restaurant business the opportunity to serve visitors to the Santa Monica Pier which attracts patrons using alternative modes of transportation like walking and biking to the Pier. 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 and ensuring that the primary business operations involve a full-service restaurant with sitdown meal service. 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 with alcohol license will occupy a tenant space previously used by a cabaret/restaurant with the same Type-47 alcohol license and is located in a district that encourages commercial recreation and visitor serving uses and activities. This type of alcohol outlet has not contributed significantly to alcohol related problems in the area and it is anticipated that the incorporation of various conditions of approval will minimize any potential adverse impacts. 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 on the Santa Monica Pier, away from any major residential uses and is conditioned herein to mitigate any impacts. Further, alcohol-related problems are not generally associated with fullservice restaurants operators are vested in providing environments conducive to dining. 2. The proposed use will not contribute to an undue concentration of alcohol outlets in the area in that restaurant with alcohol license will occupy a tenant space previously used by a cabaret/restaurant with alcohol. In addition, the subject restaurant is located on the Santa Monica Pier which is frequented by large number of local residents as well as office workers, shoppers and visitors from outside the area. 13 Attachment B

14 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 Pier location provides sufficient distance from sensitive residential and community uses and the conditions of approval will minimize the potential affect on the residential uses in the vicinity. 4. The proposed use is compatible with existing and potential uses within the general area in that the restaurant is located on the Santa Monica Pier in the RVC district, and a restaurant with an alcohol license is compatible with other permitted uses on the Pier such as Rusty s and Santa Monica Pier Seafood within the same building as well as Marisol and Bubba Gump, all of which provide alcohol services incidental to food service. Furthermore, the proposed use is compatible with other Pier activities with alcoholic beverage services that are secondary to food services. 5. Traffic and parking congestion will not result from the proposed use in that parking for the use is available on the Pier deck lot and adjacent beach lots. 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 full-service, sit-down restaurant with incidental alcohol sales. 8. The proposed use is consistent with the goals, objectives, and policies of the General Plan, in that the project is located on the Santa Monica Pier and within the City s Beach and Oceanfront District that serves the city and the region as a well-used public recreation amenity. The proposed project is in keeping with City Wide Goal LU18, which states that the Beach and Oceanfront is to be celebrated as the City s most valuable natural, recreational and public asset and is further supported by policy D18.8 which encourages visitor-serving uses in commercial areas west of Ocean Avenue between Colorado Avenue and Pico Boulevard. The variety of food serving tenants provide for an assortment of visitor-serving uses ranging from fast-casual eateries and full-service, sit-down restaurants. The proposed hours of alcohol service allows the restaurant to stay competitive by offering beverages that are comparable to those served in the neighboring restaurants located on the Santa Monica Pier and Ocean Avenue. 14 Attachment B

15 CONDITIONS OF APPROVAL: PLANNING AND COMMUNITY DEVELOPMENT Project Specific Conditions 1. Seating arrangements for sit-down patrons shall not exceed 261 seats (98 interior seats, 112 outdoor dining seats and 51 bar seats). 2. The permitted hours of alcohol consumption shall be from 7:00 AM to 2:00 AM, daily with complete closure and all employees vacated from the tenant space by 3:00 AM. No "after hours" operations shall be permitted. 3. The last hour for serving alcoholic beverages in the outdoor seating areas shall be 12:30 AM. All alcoholic beverages and patrons shall vacate the outdoor seating areas no later than 1:00 AM daily. Administrative 4. 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. 5. 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. 6. Within thirty (30) days after final approval of the project, a sign shall be posted on site stating the date and nature of the approval. The sign shall be posted in accordance with the Zoning Administrator guidelines and shall remain in place until a business license is issued for the project. 7. Prior to issuance of a final inspection or a business license, the restaurant operator shall post a notice at the building entry stating that the site is regulated 15 Attachment B

16 by a Conditional Use Permit and the Statement of Official Action, which includes the establishment s conditions of approval, is available upon request. This notice shall remain posted at all times the establishment is in operation. 8. 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. 9. Prior to issuance of a Certificate of Occupancy, or a business license, or commencement of alcohol service as applicable, 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. 10. Prior to issuance of a Certificate of Occupancy, or a business license, or commencement of alcohol service as applicable, 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. 11. 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. 12. 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. 16 Attachment B

17 Conformance with Approved Plans 13. This approval is for those plans dated October 31, 2011, 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. 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. Project Operations 15. The operation shall at all times be conducted in a manner not detrimental to surrounding properties or residents by reason of lights, noise, activities, parking or other actions. 16. No alcoholic beverage shall be sold for consumption beyond the restaurant premises. 17. Except for special events, alcohol shall not be served in any disposable container such as disposable plastic or paper cups. 18. No more than 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. 19. 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. 20. The establishment shall maintain a kitchen or food-serving area in which a variety of food is prepared and cooked on the premises. 21. The establishment shall serve food to patrons during all hours the establishment is open for customers. 22. Any minimum purchase requirement may be satisfied by the purchase of beverages or food. 23. Take out service shall be only incidental to the primary sit-down use. 17 Attachment B

18 24. No dancing or live entertainment beyond that allowed in the restaurant definition contained in the Zoning Ordinance shall be permitted on the premises. 25. No video or other amusement games shall be permitted on the premises. 26. The owner shall prohibit loitering in the restaurant area and shall control noisy patrons leaving the restaurant. 27. Window or other signage visible from the public right-of-way that advertises beer or alcohol shall not be permitted. 28. Applicant is on notice that all temporary signage is subject to the restrictions of the City sign ordinance. 29. The project shall at all times comply with the provisions of the Noise Ordinance (SMMC Chapter 4.12). Police 30. Prior to issuance of a Certificate of Occupancy, or a business license, or commencement of alcohol service as applicable, 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. 31. 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 32. 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: 18 Attachment B

19 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. Jim Ries, 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 19 Attachment B

20 ATTACHMENT C PUBLIC NOTIFICATION INFORMATION Pursuant to Municipal Code Section and in accordance with the posting requirements set forth by the Zoning Administrator, prior to application filing the applicant posted a sign on the property regarding the subject application. At least 8 weeks prior to the public hearing date, the applicant submitted a photograph to verify the site posting and to demonstrate that the sign provides the following information: Project case number, brief project description, name and telephone number of applicant, site address, date, time and location of public hearing, and the City Planning Division phone number. It is the applicant's responsibility to update the hearing date if it is changed after posting. In addition, pursuant to Municipal Code Section , notice of the public hearing was mailed to all owners and residential and commercial tenants of property located within a 500-foot radius of the project and published in the Santa Monica Daily Press at least ten consecutive calendar days prior to the hearing. On October 28, 2011, the applicant was notified by phone and in writing of the subject hearing date. The applicant provided the following information regarding attempts to contact area property owners, residents, and recognized neighborhood associations: No contact information provided. 20 Attachment C Public Notification Information

21 NOTICE OF A PUBLIC HEARING BEFORE THE SANTA MONICA PLANNING COMMISSION SUBJECT: Conditional Use Permit Santa Monica Pier APPLICANT: David Forbes Hibbert, AIA PROPERTY OWNER: City of Santa Monica A public hearing will be held by the Planning Commission to consider the following request: The applicant requests approval of a Conditional Use Permit (11CUP006) to allow the on-site sale and consumption of alcoholic beverages in conjunction with a new 266 seat restaurant with rooftop dining. DATE/TIME: WEDNESDAY, NOVEMEBER 16, 2011 AT 7:00 p.m. LOCATION: City Council Chambers Second Floor, Santa Monica City Hall 1685 Main Street, Santa Monica, California HOW TO COMMENT The City of Santa Monica encourages public comment. You may comment at the Planning Commission public hearing, or by writing a letter. Written information will be given to the Planning Commission at the meeting. Address your letters to: Lily Yegazu, Associate Planner Re: 11CUP006 City Planning Division 1685 Main Street, Room 212 Santa Monica, CA MORE INFORMATION If you want more information about this project or wish to review the project file, please contact Lily Yegazu at (310) , or by at lily.yegazu@smgov.net. The Zoning Ordinance is available at the Planning Counter during business hours and on the City s web site at The meeting facility is wheelchair accessible. For disability-related accommodations, please contact (310) or (310) TTY at least 72 hours in advance. Every attempt will made to provide the requested accommodation. All written materials are available in alternate format upon request. Santa Monica Big Blue Bus Lines numbered 2, 3, 9 and Rapid 3 serve City Hall. Pursuant to California Government Code Section 65009(b), if this matter is subsequently challenged in Court, the challenge may be limited to only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the City of Santa Monica at, or prior to, the public hearing. 21 Attachment C

22 ESPAÑOL Esto es una noticia de una audiencia pública para revisar applicaciónes proponiendo desarrollo en Santa Monica. Si deseas más información, favor de llamar a Carmen Gutierrez en la División de Planificación al número (310) APPROVED AS TO FORM: Amanda Schachter Planning Manager 22 Attachment C

23 ATTACHMENT D RENDERING, PHOTOGPAPHS & PROJECT PLANS 250 Santa Monica Pier 23 Attachment C