Planning Commission Report

Planning Commission Report Planning Commission Meeting: February 16, 2011 Agenda Item: 8-A To: From: Subject: Planning Commission Amanda Schachter, City Planning Division Manager Conditional Use Permit 10-024 to allow service of beer, wine, and distilled spirits in conjunction with a bona fide eating place. Address: Applicant: 109 Santa Monica Boulevard Bar Pintxo/Arroz Restaurant Recommended Action It is recommended that the Planning Commission take the following action subject to the findings and conditions contained in Attachment B: 1. Approve Conditional Use Permit 10-024 2. Approve the Statement of Official Action Executive Summary The operators of Bar Pintxo, located at 109 Santa Monica Boulevard, request approval of a Conditional Use Permit (CUP) to allow beer, wine, and distilled spirits in conjunction with a bona fide eating place. Bar Pintxo, an existing 32 seat tapas bar, proposes to expand into the adjacent restaurant space at 111 Santa Monica Boulevard and operate as one establishment. The tapas bar and the restaurant would have a combined seating capacity of 92 seats. The applicant also proposes to expand the operating hours of both establishments from 12:00 noon to 12:00 midnight for 109 Santa Monica Boulevard and 11:00 a.m. to 10:30 p.m. for 111 Santa Monica Boulevard to 10:00 a.m. to 1:00 a.m. daily. 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 on-site sale and consumption of beer, wine, and distilled spirits in conjunction with a bona fide public eating place in the Residential Visitor Commercial district compatible with the surrounding neighborhood? Do the proposed conditions of approval mitigate any potential alcohol-related adverse impacts on the area? 1

Is the proposed use of alcohol sales and consumption consistent with the Land Use Element of the General Plan? 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): Parcel Dimensions: Existing On-Site Improvements (Year Built): RVC Downtown District 30,000 SF 200 W x 150 D 2-story building constructed in 1925 Rent Control Status: Exempt, Commercial Adjacent Zoning Districts and Land Uses: The surrounding properties are within the RVC and BSC Districts. Please see specific uses below. Site Location Map 109-111 Santa Monica Boulevard The subject parcel is a 30,000 square foot lot developed with a two-story building located on the north side of Santa Monica Boulevard. On the ground floor are eating and drinking establishments and the second floor is occupied by offices and residential units. The site is located in a commercial district in the Downtown area and is surrounded by multistory buildings that house similar ground floor uses. Some of the adjacent land uses include a steakhouse (Boa), a Japanese sushi restaurant (Sushi Roku), and a wine bar (Pourtal Wine Tasting Bar). Boa Steakhouse and Sushi Roku both have bar areas that serve beer, wine, and liquor and offer alcohol with their meal service. Immediately east of the subject site is the Gate of India restaurant and a surface public parking lot. Environmental Analysis The project is exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15301 (Class 1) of the State Implementation Guidelines in that the project involves the minor interior alteration of an existing facility to include the addition of beer, wine and liquor service within an existing restaurant. The new alcohol service will not expand the floor area of the existing use. 2

Background Bar Pintxo is a bar that serves beer and wine and specializes in Spanish-inspired tapas dishes. Bar Pintxo originally opened in November 2006 with a floor area of approximately 989 square feet and has a total (indoor and outdoor) of 32 seats. Bar Pintxo was originally approved with an Alcohol Exemption (07AE-002) and Variance (06VAR-032) for parking requirements. The Alcohol Exemption permitted Bar Pintxo to operate as a bona fide eating place serving beer and wine with meal service, provided the operation does exceed a seating capacity of 50 seats. The Variance permitted the operation of a restaurant that would be allowed to provide 5 of its required parking spaces off-site within 300 feet of the restaurant. The additional 5 spaces are provided at the surface parking lot at 129 Santa Monica Boulevard. Restaurants with alcohol service have operated continuously at the 111 Santa Monica Boulevard site since 1979 and, therefore, have not been regulated by a Conditional Use Permit. Thai Dishes has operated at this location since 1990. The restaurant is 1,891 square feet in area and has a total of 60 seats. Project Analysis The proposal would expand Bar Pintxo into the adjoining tenant space and convert it into Arroz, a sit down restaurant that serves Spanish-inspired meals. While the two dining areas would have separate identities, they would share physical interior connections, such as a single kitchen area, and back of the house space. The applicant requests approval of a change in liquor license for both Bar Pintxo and Thai Dishes from 3

a Type 41(Beer and Wine) to a Type 47(On-Sale General) to serve beer, wine, and liquor at the bar or with the meals served at the restaurant. A Type 47 liquor license will not create any significant changes to the site or the surrounding area because the operations will be unchanged aside from expanded alcohol variety. The combined floor area, including the rear storage, will be 4,218 square feet. The shelf area used for the display of alcoholic beverages, located in Bar Pintxo, will not change and no new alcohol display area will be added to Arroz. Lastly, the number of seats in Bar Pintxo, 32 seats, including 8 outdoor seats, will remain the same as will the number of seats in the Thai Dishes, which is 60 seats, so the total number of seats between the two spaces will remain at 92 total seats. The applicant proposes to change the hours of operation and alcohol service for both Bar Pintxo and Arroz restaurant. Currently, Bar Pintxo business hours are from 4:00 p.m. to 11:00 p.m. Monday through Thursday and 12:00 p.m. to 12:00 a.m. Friday through Sunday. Thai Dishes restaurant is open from 10:30 a.m. until 10:30 p.m. Sunday through Thursday and, open from 11:00 a.m. to 11:00 p.m. Friday and Saturday. The applicant wishes to have the hours of operation for Bar Pintxo and the new Arroz restaurant be from 10:00 a.m. to 1:00 a.m. daily, consistent with other restaurants such as Boa, Sushi Roku, and Pourtal Wine Tasting Bar as discussed below. A review of Code Compliance citations and a records search by the Police Department show that neither business at 109 Santa Monica Boulevard or 111 Santa Monica Boulevard have received complaints related to alcohol. Bar Pintxo currently has outdoor dining located on the sidewalk in front of the tapas bar. Staff believes that a daily closing of the outdoor dining area at 12:00 a.m. serves the needs of the business and is an appropriate time to end outdoor operations. A review of nearby businesses outdoor dining hours reveals that Sushi Roku and the Pourtal Wine Tasting Bar close their outdoor dining areas at 12:00 a.m. daily. Maintaining this closing time would ensure that the restaurant remains compatible with adjacent and similar establishments. Therefore, staff recommends closing hours for the existing outdoor dining area to close at 12:00 a.m. daily. Neighborhood Compatibility The proposed operation is compatible with the site and the surrounding area in that many of the nearby businesses are restaurants that serve alcohol until 1:00 a.m. Other surrounding restaurant establishments provide full service alcohol and operate with similar hours. Specifically, Boa Steakhouse (approved by Alcohol Determination 03-010) and Sushi Roku (approved by CUP 07-007), are restaurants with a bar area that serve beer, wine, and liquor until 1:00 a.m. and close to the public by 2:00 a.m. daily. Adjacent to Sushi Roku is the Pourtal Wine Tasting Bar. It is a wine bar that serves beer and wine and is open from 11:00 a.m. to 1:00 a.m. Monday through Thursday and 11:00 a.m. to 2:00 a.m. Friday through Sunday. Therefore, permitting Bar Pintxo/Arroz to serve beer, wine, and liquor until 1:00 a.m. would be consistent with the operations of neighboring businesses and staff recommends approval of the proposed hours. 4

The trash area for the restaurant is located in the storage room behind the kitchen. Delivery trucks drive to 1 st Court (alley) and use the alley as a place to unload delivery items. Staff does not anticipate any trash removal or delivery noise issues with approval of this application because of the applicant s history at this site. Bar Pintxo and Thai Dishes currently operate at night and there are residents who live above 101 Santa Monica Boulevard. However, since 2006, there have not been any complaints about Bar Pintxo or Thai Dishes from residents concerning noise from trash and recycling disposal. Therefore, staff does not anticipate any noise concerns created by the proposed operation, since the change of alcohol license type does not alter the current use. However, to further reduce potential impacts on any nearby residents condition of approval #3 prohibits the disposal of trash, deliveries, and maintenance activities between the hours of 11:00 am and 8:00 am daily which is consistent with the hours established for Pourtal Wine Tasting Bar located 1401Ocean Avenue. Parking The proposed operation will not create any additional parking requirements in the area since there is no change to restaurant square footage or total seating. In 2006, Bar Pintxo received a parking variance to permit an eating establishment to operate without providing the required 13 parking spaces on site. The business at 111 Santa Monica Boulevard is legally non-conforming concerning parking in that 20 spaces area required but only 12 parking spaces are provided in the lot behind the building. Parking for patrons beyond the 12 on-site spaces is provided in the nearby surface parking lot, located at 129 Santa Monica Boulevard. Because the use of this space is not changing, the parking requirements remain unchanged. Conformance with the Land Use and Circulation Element The proposed use satisfies the Land Use Circulation Element Downtown District Goal D1: Maintain Downtown s competitive advantage as a premier local and regional dining destination. The addition of distilled spirits and extended hours of operation will help to keep the tapas bar and restaurant combination, a viable business in the downtown district which will help the area maintain its competitive edge as a premier dining location. Furthermore, the proposal would also be consistent with Downtown District Policy D1.1 in that approval of the new restaurant would Create a diversity of retail opportunities including local and regional serving retail retail and dining in the Downtown. Alcohol Licenses in Area The following page indicates the existing alcohol serving establishments, and corresponding license type, that are within a 500 radius of the proposed project: 5

Type 47 (On-Sale General for Public Eating Place) Hours of Operation The Yard 119 Broadway 5pm 1am Daily Buddha s Belly 201 Broadway Sun Th 12p-10p, Fri and Sat 12p -11p Copa de Oro 217 Broadway Sun Wed 5p 12a Ye Olde King s Head 116 and 132 Santa Monica Blvd Mon Fri 9a 2a, Sat and Sun 8a 2a Britannia Pub 318 Santa Monica Blvd Mon Fri 11a 2a, Sat and Sun 8a 2a Hooter s 319 Santa Monica Blvd Sun 11a 1a, Mon Thu 11a 12a, Fri and Sat 11a 1a Locanda Del Lago 225 Arizona Ave Sun Thu 11a 10p, Fri and Sat 11a 11p Buca Di Beppo 1442 2 nd Street Sun Thu 11a 10p, Fri and Sat 11a 11p Chloe 1449 2 nd Street Mon Fri 5p 2a, Sat 6p 2a Monsoon 1212 3 rd Street Promenade Sun 11:30a 9:30p, Mon Thu 11:30a 10:30p, Fri Sat 11:30a 11:30p Cabo Cantina 1240 3 rd Street Promenade Sun Wed 10a 1a, Thu Sat 10a 2a Trastevere 1360 3 rd Street Promenade Yankee Doodle s 1410 3 rd Street Promenade 11a 2a Daily Boa Steakhouse 109 Santa Monica Blvd 12a-1:00a Sushi Roku 1401 Ocean Avenue 11a 1a Daily Type 42 (Beer and Wine on Public Premises) Mon Fri 11:30a 10:30p, Sat & Sun 11:30a 11:30p Pourtal Wine Bar 1401 Ocean Avenue Sun Thu 11a 1a, Fri and Sat 11a 2a Type 41 (On-Sale Beer & Wine for Public Eating Place) Fifth Amendment 129 Broadway Sun Wed 12p 12a, Thu Sat 12p 2a Gate of India 117 Santa Monica Blvd 11a 10p Daily Thai Dishes Bar Pinxto 111 Santa Monica Blvd 109 Santa Monica Blvd Le Pain Quotidien 316 Santa Monica Blvd 8a 7p Daily Sun Thu 11a 10:30p, Fri and Sat 11a - 11p Sun Tu 12p 10p, Wed Fri 4p 11p, Sat 12p -12a Tudor House 1403 2 nd Street Mon - Sat 10a 6p, Sun 11a 5p Johnny Rockets 1322 3 rd Street Promenade Sun Thu 9a 1a, Fri and Sat 9a 2a Johnnie s Pizzeria 1444 3 rd Street Promenade Mon Thu 11a -10p, Fri Sun 11a 11p Type 20 (Off-Sale Beer and Wine) Ye Olde King s Head 116 and 132 Santa Monica Blvd Mon Fri 9a 2a, Sat and Sun 8a 2a(Pub); 10a 6p daily(shop) 6

Since 109 Santa Monica Boulevard and 111 Santa Monica Boulevard both have liquor licenses approval of this CUP will not increase the number of liquor licenses in the area. Both establishments will change their current alcohol license to a Type-47 license. Community and Cultural Services Department Comments The Community and Cultural Services Department has indicated no objections to the proposal. Police Department Comments The Police Department has requested that a condition be added that requires the applicant to participate in alcohol service training (SMAART). A condition has been added to ensure this condition is satisfied. No other concerns were expressed. Attached to this report is the email correspondence from the Santa Monica Department regarding this application. 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 applicant requests approval of a Conditional Use Permit to allow Bar Pintxo, an existing tapas bar, and the Thai Dishes restaurant at 111 Santa Monica Boulevard to operate as one establishment and serve beer, wine, and distilled spirits to patrons in conjunction with a bona fide eating establishment. The bar and the restaurant would have a combined seating capacity of 92 seats. The applicant also proposes to expand the hours of both the tapas bar and restaurant to 10:00 a.m. to 1:00 a.m. daily. Staff does not anticipate any alcohol related problems with approval of the increased hours based on the conditions of approval. The operation and proposed hours are similar to many nearby establishments as many surrounding restaurants have a bar; serve beer, wine, and liquor; and are permitted to serve to at least 1:00 a.m. daily. The outdoor dining area will be open from 10:00 a.m. to 12:00 a.m. daily. For these reasons staff recommends approval of the CUP application for 109-111 Santa Monica Boulevard. Prepared by: Reviewed by: Dennis Banks, Associate Planner Bradley J. Misner, AICP, Principal Planner 7

Attachments A. General Plan and Municipal Code Compliance Worksheet B. Public Notification C. Public Notification & Comment Material D. Correspondence from Santa Monica Police Department E. Draft Security Plan and Employee Alcohol Awareness Training Program F. Photographs G. Project Plans 8

ATTACHMENT A GENERAL PLAN AND MUNICIPAL CODE COMPLIANCE WORKSHEET Project Location and Permit Processing Time Limits Project Address: 109 Santa Monica Boulevard Application Filing Date: November 2, 2010 CEQA Deadline: January 31, 2010, without extension PSA Deadline: January 21, 2010, without extension Total Process Review Time (Days): 106 Days General Plan and Municipal Code Compliance Worksheet CATEGORY LAND USE ELEMENT MUNICIPAL CODE PROJECT Permitted Use Downtown District Restaurants with alcohol license require a Conditional Use Permit [SMMC 9.04.10.18.020] A 92 seat restaurant and bar that serves beer, wine, and distilled spirits with their food service. 9

ATTACHMENT B DRAFT STATEMENT OF OFFICIAL ACTION City of Santa Monica City Planning Division PLANNING COMMISSION STATEMENT OF OFFICIAL ACTION PROJECT INFORAMTION CASE NUMBER: Conditional Use Permit 10-024 LOCATION: APPLICANT: PROPERTY OWNER: CASE PLANNER: REQUEST: CEQA STATUS: 109 Santa Monica Boulevard Joseph Miller, Bar Pintxo/Arroz restaurant Belle Vue Plaza Dennis Banks, Associate Planner Conditional Use Permit 10-024 to allow a tapas bar and restaurant to serve beer, wine, and distilled spirits in conjunction with a bona fide eating place. The project is exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15301 (Class 1) of the State Implementation Guidelines in that the project involves the minor interior alteration of an existing facility to include the addition of beer, wine and liquor service with an existing restaurant. The new alcohol service will not expand the floor area of the existing use. PLANNING COMMISSION ACTION February 16, 2011 X Determination Date Approved based on the following findings and subject to the conditions below. Denied. Other: 10 Attachment B

EFFECTIVE DATES OF ACTIONS IF NOT APPEALED: EXPIRATION DATE OF ANY PERMITS GRANTED: LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATES*: March 3, 2011 March 3, 2011 Six Months * Any request for an extension of the expiration date must be received in the City Planning Division prior to expiration of this permit. Each and all of the findings and determinations are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the Project. All summaries of information contained herein or in the findings are based on the substantial evidence in the record. The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact. FINDINGS: CONDITIONAL USE PERMIT FINDINGS 1. The proposed use is one conditionally permitted within the subject district and complies with all of the applicable provisions of the "City of Santa Monica Comprehensive Land Use and Zoning Ordinance", in that allowance of alcohol service in conjunction with a restaurant is conditionally permitted in the Residential Visitor Commercial (RVC) district. 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 Residential Visitor Commercial (RVC) allows alcohol service as an ancillary component to the restaurant function of the establishment. In addition, it is not anticipated that approval of alcohol service at the restaurant will create noise complaints or any alcohol-related problems. 3. The subject parcel is physically suitable for the type of land use being proposed, in that the parcel is a standard lot developed with a two-story commercial building with no unusual characteristics. 4. The proposed use is compatible with any of the land uses presently on the subject parcel if the present land uses are to remain, in that the issuance of an alcohol license will allow an existing restaurant to offer liquor as a beverage choice. The alcohol service would be ancillary to the primary restaurant and bar use and Conditions #1 through #17 ensure that the establishment operates in a harmonious manner with the adjacent land uses. 11 Attachment B

5. The proposed use would be compatible with existing and permissible land uses within the district and the general area in which the proposed use is to be located, in that the zoning of the site conditionally permits the issuance of an alcohol license for permitted commercial establishments, including restaurants. Conditions #1 through #17 ensure that the use will operate in a harmonious manner with the adjacent land uses. The alcohol service will be ancillary to the restaurant operation. The use is also located in the City's Downtown core and is compatible with permitted uses and other existing retail and dining operations in the area. 6. There are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety, in that the site is located in an urbanized area adequately served by existing infrastructure. 7. Public access to the proposed use will be adequate, pedestrian access is provided via Santa Monica Boulevard and general public parking is available on the surface parking lot behind the building and the adjacent parking lot at 129 Santa Monica Boulevard. 8. The physical location or placement of the use on the site is compatible with and relates harmoniously to the surrounding neighborhood, in that the alcohol license is proposed in conjunction with an existing bar and new restaurant. The alcohol service would be available in the bar and seating area of the restaurant and would not be disruptive to the surrounding neighborhood. 9. The proposed use is consistent with the goals, objectives, and policies of the General Plan, in that Downtown District Goal D1 encourages concentration of land uses that keep Santa Monica as a premier dining destination. The proposed project will allow for the service of alcoholic beverages during daytime and nighttime hours daily. 10. The proposed use would not be detrimental to the public interest, health, safety, convenience, or general welfare, in that the proposed use is consistent with the Zoning Ordinance, the Land Use and Circulation Element of encourages activities in the daytime and nighttime to maintain Downtown s competitive advantage as a premier dining destination. 11. The proposed use conforms precisely to the applicable performance standards contained in Subchapter 9.04.12 of the City of Santa Monica Comprehensive Land Use and Zoning Ordinance, in that no performance standard permit is required. 12. The proposed use will not result in an over-concentration of such uses in the immediate vicinity, in that the proposed alcohol license will be issued in 12 Attachment B

conjunction with an existing restaurant and bar in a commercial area of Santa Monica which is frequented by large numbers of local residents as well as shoppers, and visitors from outside the City. 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 the alcohol license will be issued in conjunction with the operation of a restaurant, which is conditionally permitted in the Residential Visitor Commercial district and supported by the policies of the Land Use and Circulation Element. Furthermore, conditions governing alcohol, hours of operation, and noise will ensure that the nearby uses are not adversely affected by the proposed use. 2. The proposed use will not contribute to an undue concentration of alcohol outlets in the area in that the proposed alcohol license will be issued in conjunction with an existing restaurant and bar which currently serves alcohol. 3. The proposed use will not detrimentally affect nearby neighborhoods considering the distance of the alcohol outlet to residential buildings, churches, schools, hospitals, playgrounds, parks, in that there are no churches, schools, or hospitals within 500-feet. There is a park area within 500 feet of the site but the alcohol outlet will not impact the park because the outlet will only allow the consumption of alcohol to occur on site. Furthermore, the conditions for approval, the hours of operation, and compliance with the provisions of the Noise Ordinance, will minimize the potential affect on the residential uses in the vicinity. 4. The proposed use is compatible with existing and potential uses within the general area in that a restaurant with ancillary alcohol service located in the City's commercial core is compatible with permitted uses and other existing dining uses in the area. 5. Traffic and parking congestion will not result from the proposed use in that the proposed use is located in the downtown area where shared parking spaces such as surface parking lots and parking structures are readily available to the public. Use of public transit in the downtown area is very prevalent. Furthermore, many patrons are people who live nearby and are able to walk to the restaurant. Therefore, staff does not anticipate an increase in traffic and parking congestion with approval of the Conditional Use Permit. 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 and Circulation Element of the General Plan, which encourage daytime and nighttime activities, such as dining, in the Downtown District and conditions of approval have been incorporated to minimize adverse impacts on nearby land uses. 13 Attachment B

7. No harm to adjacent properties will result in that the conditions of approval will ensure that the establishment operates in a manner which protects adjacent neighbors. 8. The proposed use is consistent with the goals, objectives, and policies of the General Plan, in that Downtown District Goal D1 encourages concentration of land uses that keep Santa Monica as a premier dining destination. The addition of distilled spirits and extended hours of operation from 10:00 a.m. to 1:00 a.m. daily will help to keep the tapas bar and restaurant combination, a viable business in the downtown district which will help the area maintain its competitive edge as a premier dining location. Furthermore, the proposal would also be consistent with Downtown District Policy D1.1 in that approval of the new restaurant would Create a diversity of retail opportunities including local and regional serving retail and dining in the Downtown. CONDITIONS OF APPROVAL: PLANNING AND COMMUNITY DEVELOPMENT Project Specific Conditions 1. This approval is for the sale and on-site consumption of beer, wine and distilled spirits. This approval shall be vested upon the lawful sale of beer and wine on the premises. 2. The permitted hours open for business to the public shall be 10:00 a.m. to 1:00 a.m. daily. Complete closure and all employees exiting the premises must occur within one hour after closing to the public. 3. No exterior activity such as trash disposal, deliveries or other maintenance activity generating noise audible from the exterior of the building shall occur during the period from 11:00 p.m. to 8:00 a.m. daily. No employees may occupy the building between 2:00 a.m. and 8:00 a.m. No after hours operation shall be permitted. 4. The permitted hours of the outdoor dining area shall be from 10:00 a.m. to 12:00 a.m. daily. All alcoholic beverages and patrons shall vacate the outdoor dining area no later than the permitted hours. Alcohol Outlet Conditions 5. 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. 14 Attachment B

6. The primary use of the premises shall be for patrons of a restaurant. Alcohol shall only be served to those persons at the bar or a part of their meal service. 7. No alcoholic beverage shall be sold for consumption beyond the premises. 8. 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. 9. Prior to final inspection or commencement of alcohol service, a security plan shall be submitted to the Chief of Police for review and approval. The plan shall address both physical and operational security issues. 10. Prior to final inspection or commencement of alcohol service, the operator shall submit a plan for approval by the Director of Planning and Community Development regarding employee alcohol awareness training programs and policies. The plan shall outline a mandatory alcohol awareness training program for all employees having contact with the public and shall state management s policies addressing alcohol consumption and inebriation. The program shall require all employees having contact with the public to complete a California Department of Alcoholic Beverage Control (ABC) sponsored alcohol awareness training program within 90 days of the effective date of this approval. In the case of new employees, the employee shall attend the alcohol awareness training within 90 days of hiring. In the event the ABC no longer sponsors an alcohol awareness training program, all employees having contact with the public shall complete an alternative program approved by the Director of Planning and Community Development. The operator shall provide the City with an annual report regarding compliance with this condition. This project shall be subject to any future City-wide alcohol awareness training program condition affecting similar establishments. 11. Prior to final inspection or commencement of alcohol service, the operator shall submit a plan describing the establishment s designated driver program, which shall be offered by the operator to the establishment s patrons. The plan shall specify how the operator will inform patrons of the program. 12. Except for special events, alcohol shall not be served in any disposable container such as disposable plastic or paper cups. 13. No dancing or live entertainment beyond that allowed for a restaurant contained in the Zoning Ordinance shall be permitted on the premises. 14. No video or other amusement games shall be permitted on the premises. 15 Attachment B

15. Window or other signage visible from the public right-of-way that advertises beer or alcohol shall not be permitted. 16. Applicant is on notice that all temporary signage is subject to the restrictions of the City sign ordinance. 17. The project shall at all times comply with the provisions of the Noise Ordinance (SMMC Chapter 4.12). Administrative 18. The Planning Commission s approval, conditions of approval, or denial of this application may be appealed to the City Council if the appeal is filed with the Zoning Administrator within fourteen consecutive days following the date of the Planning Commission s determination in the manner provided in Part 9.04.20.24, Sections 9.04.20.24.010 through 9.04.20.24.040. Any appeal must be made in the form required by the Zoning Administrator. The approval of this permit shall expire if the rights granted are not exercised within eighteen (18) months from the permit s effective date. Exercise of rights shall mean actual commencement of the use granted by the permit. One six month extension may be permitted if approved by the Director of Planning. Applicant is on notice that time extensions shall not be granted if development standards or development process relevant to the project have changed since project approval. Additionally, the rights associated with this approval shall expire if the establishment ceases operation for a period of one year or longer. 19. Within ten days of City Planning Division transmittal of the Statement of Official Action, project applicant shall sign and return a copy of the Statement of Official Action prepared by the Planning Division, agreeing to the conditions of approval and acknowledging that failure to comply with such conditions shall constitute grounds for potential revocation of the permit approval. By signing same, applicant shall not thereby waive any legal rights applicant may possess regarding said conditions. The signed Statement shall be returned to the City Planning Division. Failure to comply with this condition shall constitute grounds for potential permit revocation. 20. Within thirty (30) days after final approval of the project, a sign shall be posted on site stating the date and nature of the approval. The sign shall be posted in accordance with the Zoning Administrator guidelines and shall remain in place until a building permit is issued for the project. The sign shall be removed promptly when a building permit is issued for the project. 21. Prior to issuance of a Final Inspection the applicant shall post a notice at the building entry stating that the site is regulated by a Conditional Use Permit and the Statement of Official Action, which includes the establishment s conditions of 16 Attachment B

approval, is available upon request. This notice shall remain posted at all times the establishment is in operation. 22. 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. 23. 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. 24. 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 25. This approval is for those plans dated October 26, 2010, 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. 26. 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 ABC. 27. The Plans shall comply with all other provisions of Article IX of the Municipal Code, (Zoning Ordinance) and all other pertinent ordinances and General Plan policies of the City of Santa Monica. VOTE Ayes: Nays: Abstain: Absent: 17 Attachment B

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 1094.6, which provision has been adopted by the City pursuant to Municipal Code Section 1.16.010. I hereby certify that this Statement of Official Action accurately reflects the final determination of the Planning Commission of the City of Santa Monica. Gwynne Pugh, Chairperson Date Acknowledgement by Permit Holder I hereby agree to the above conditions of approval and acknowledge that failure to comply with such conditions shall constitute grounds for potential revocation of the permit approval. Print Name and Title Applicant s Signature 18 Attachment B

ATTACHMENT C PUBLIC NOTIFICATION INFORMATION Pursuant to Municipal Code Section 9.04.20.20.080 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 9.04.20.22.050, notice of the public hearing was mailed to all owners and residential and commercial tenants of property located within a 500-foot radius of the project and published in the Santa Monica Daily Press at least ten consecutive calendar days prior to the hearing. On December 16, 2010, the applicant/appellant 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: Neighborhood No contact information provided Associations Adjacent Neighbors Community Meetings Other: 19 Attachment C Public Notification Information

NOTICE OF A PUBLIC HEARING BEFORE THE SANTA MONICA PLANNING COMMISSION SUBJECT: Conditional Use Permit 10-024 109-111 Santa Monica Boulevard APPLICANT: Joseph Miller PROPERTY OWNER: Belle Vue Plaza A public hearing will be held by the Planning Commission to consider the following request: A Conditional Use Permit to allow a restaurant the ability to serve beer, wine, and distilled spirits in conjunction with a bona fide restaurant and to allow an expansion into the adjacent space. DATE/TIME: LOCATION: WEDNESDAY, FEBRUARY 16, 2011 AT 7:00 PM 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: Dennis Banks, Associate Planner Re: 10CUP-024 City Planning Division 1685 Main Street, Room 212 Santa Monica, CA 90401 MORE INFORMATION If you want more information about this project or wish to review the project file, please contact Dennis Banks at (310) 458-8341, or by e-mail at dennis.banks@smgov.net. The Zoning Ordinance is available at the Planning Counter during business hours and on the City s web site at www.smgov.net. The meeting facility is wheelchair accessible. For disability-related accommodations, please contact (310) 458-8341 or (310) 458-8696 TTY at least 72 hours in advance. All written materials are available in alternate format upon request. Santa Monica Big Blue Bus Lines numbered 1, 2, 3, 5, 7, 8, 9, and 10 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. 20 Attachment C

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) 458-8341. APPROVED AS TO FORM: Amanda Schachter Planning Manager 21 Attachment C