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SR-8C (8)~ ~ P&Z:DKW:DB:DC20APL Santa Monica, California Flanning Cammission Mtg: Auqust 19, 1992 TO: The Honorable Planning Commission FROM: Planning Staff SUBJECT: Appeal of Occupancy Permit 91-020 Address; Applicant: Appe~ 1 rxnt : INTRODUCTION 1620 Sroadway Ronen Hacker Mayar Ken Genaer Action: Appeal of Zoning Administrator approval of Occupancy Permit 91-020. Recomm~ndation: Denial of appeal and upholding of approval of Occupancy Permit. Permit streamlining Expiration Date; Not Applicable. SITE LOCATION AND DESCRIPTION The subject property is a 7~500 sq.ft. parcel located on the south side of Braadway between 16th Street and 17th Street having a frontage of 50 feet. Surrounding uses consist o~ a 2-story retirement h~me/BCD {Broadway Commerciai} District to the north, a Montessori School/BCD District to the south, a 1--stary sinqle family house/BCD D~strict to the east and 3-story mixed use retai~/residenti.al bua.lding/BCD District to the west, Existing on-site uses include ccmmercial office uses rrhich are operating without the required planning approvals. Zoning District: BCD Land Use District; Mixed Use Parcel Area: 7,500 sq.ft. (50' X 150') PROJECT DESCRTPTION This fs an appeal of ~ccupancy Permit 91-020, which was ias~ed by the Zoning Administrator on May 5, 1992 to permit the commercial occupancy of seven residential units and the residential occupan- cy of one unit ~n an 8-unit apartment buildinq which was removed €rom the rental market via the E31is Act. Occupancy Pernrit 91- 020 was approved in con~unction with the approval of AA s1-111 for a change of use from residential to commercial, which wi~l be of no further effect if th~s appeal is upheld, - 1 - C ~' 1 ~' MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE Per Planning and 2oning staff interpretation, the proposed praj- ect is consistent with tha Municipa2 Code and in conformity with the General Plan as showri in Attachment A. CE~A STATUS The project i~ cateqorica~ly exempt per the C~ty af ~anta Monica Guidelines far the Implementation of CEQA, c3ass 1(1). RENT CONTROL STATi]S C~earance is on fiZe indicating that the buildinq wa~ removed from the rental market via the Ellis Act on August 34, 1990. FEES The project is not subject to any feeg other than the standard application fee. PUBLIC NOTIFICATION ~ecupancy Permits do not require pul~lic notification. Pursuant to Code Section 9132.3, no public notice is required for the appeal of an Occupancy Permit. However, a notice of the hearing was pub~#.shed in the Santa Monica 4utlook not less than l0 cansecutive calenclar days priar ta the publ c hearing. ANALYSIS Background Occupancy Permit 91-02o was approved by the Zoning Administrator an May 6, ~992, in conjunction with Administrative Approval 92- 111 to permit a change af use from residential to commercial and residential uses. The Zoning Administrator's approval was based on the requirements of Code Section 9044.3(e) and Ordinance 1466 (CC5), which govern chanqes a€ use and re-occupancy of bui~dings which have been withdrawn from the rental market, respectively. Section 9044.3~e} states that: (e) For any new use of an existing building or structure such that the new use wil~ require parking spaces, parking spaces in the number specified in Section 9044.4 sha~l be pravided for the ent~.re parce3. As nated in ths staff repart for "Interpretat~cn of Saotion 9044.3{e)," Plannfng and Zoning staff have consistently intar- preted this code section to mean that if a hiqher m~mher of park- ing spaces ~s required for the prvposed use than that which would be required for the ~xisting use usinq current code standards, then al~ uses on the site must be brouqht up to current parking standards. Conversely, if a new use requires the same or fewer .. 2 .. l; s i ~ :; parking spaces than the exiating use, the new use may ba approved without any change in the existing nl~m~er o~ parking epaces. In this instance, staff found that the prior resident~al u~e re- quired the same num}~er of parking spaces under current require- ments as the proposed mix of office and residential uses, as follows: USE PARKING SPACES REQU~RED FURSUANT TO SI~KC SECTION 9044, 3(e) 8 1-2 bedraam 18 spaces minimum (2 spaces per units existing unit plus 1 gusst gpace per 5 proposed to be units} converted 4,664 sq.ft. of 18 spaces minimum (1 space per office space from 300 square feet of office area conversion of seven g~us above-mentioned residential residential units, plus requirement} one residential unit Because the total number of spaces required by the current Zoning Ordinance did not increase as a resu~t of the proposal, the proj-- ect remained "grandparented" for a total e~ a parking spaceg in- lieu of current requirements. Additianal].y, becauge ane ur~it was proposed to remain residential, it remained grandparented ~or 1 parking space in-lieu of 2 required by code. The result was a total of 8 parking spaces in-lieu of I7 requir~d by code (1~ re- quired for the new affice use and 1 grandparented space required for the residentia~ unit whi.ch is proposed tv rema3n residentia~). Ord~.nance 1456 states that "an vccupancy permit for cQm?!!~rcial occupancy of a property or any rental unit therein shall be gran- ted by the Pianning Director" if the proposed occupancy is in conforiaance with the General P~an and Zoning 4rdinance. In this instance, the proposed use of specialty office on the ground floor and general office use an the second floor was found to be in conformity with the permitted uses in the BCD District, and tha existing parking met the Zoning Ordinance parking require- ment~ for a change of use, as nated above. The proposed a~ix of res~.dential and commercial uses is also consistent with the goal.s outlined in the Land Use and Circulatian Element af the General Plan. Ordinance 1455 specifies further findings which must be made for residenti.al re-occupancy af a building remavad from the rantaA market via the Ellis Act. On the occupancy permit application, the applicant stated that the owner would be the only peraon to occupy unit H~ which was ta rema~n residential. This was consis- tent with Ordinance 1456, which allaws residential owner occupan- cy o€ apartn~ent un~ts re-occupied a€ter reinoval from the rental market via the El~~:s Act. - 3 - ~ i~ ~ ~ Because the proposa3 conformed to Zoning Ordinance and Ordinance 1466 requirements, Planning and Zaning gtaff approved the ocau- pancy permit and related administrative agproval. However, the occupancy permit was appealed by Mayor Ren Genser based on the assertion that the proposal is not in conformity with the parking reqtiirements of the Zoning Ordinance. Enforcement After the appeai of Occupancy Permit 91-020, staff received a compla~nt indicating that the subject property was be~ng used for commercial purposes. A s~.te inspection by staff ~-nd examination of Rent Control and Business License records indicate that the praperty has contained commercial uses since October of 1987, three years prior to the August 14, 1990, Ellis withdrawal date. On July 9, ~.992, notice uras delivered to all ocoupants af the subject property, including the applicant~ that existinq busi- nesses must be removed with3n lo working days and must not return until the final decision on Occupancy Permi.t 91-02D ~.s rendered. Yt appears thnt at least three of the rasidsntial ux~its on the property are currently uti~ized for ca*+m~rcia~ purpases without having obtained either administrative approval for a chanqe of use or an occupan~y perm~t. In addition, a sign exists on tha property stating "Office Space for Lease." Staff doea not recom- mend denia3, of the current application based on these illeqal uses because the the propasa~ current~y before the Planning Com- mission conforms to Zoninq ordinance requirements and the City Attorney's office has advised Planning that the decision to ap- prove or dany the pro~ect should be based solely on the merits of the proposal. Planning staff is working w~th the City Attorney's affice on enforcement and possible prasecution regarding the pre- vio~s violaticns, and will aontinue to do ~o regardless of the eutcome af this appeal. Conclusion The occupancy permit originally granted by the Zoning Admin~stra- tor is in conformance with the Zon~nq Ordinance, the General Plan, and ~rdinance 1466, and therefare staff recommends that the Planning Cammission deny the appea~ uphold the approval of Occu- pancy Permit 91-020. RECOMMENDATION It is recommended that the Planning Ca~?~ission deny the appsa~ af Occupancy Permit 91-020 and uphald the findings and aonditions contained in the original. permi.t. Prepared by: Drummond Buckley, Assistant Planner Attachments: A. Municipal Code and General Plan Conformance B. Notice of Public Hearing C. ~cupancy Permit 91-020 Determ~nation - 4 - C; " 15 D, Administrativa Approval g~-ill Determination E. Appas~ Form F. Photographs of Site and Surroundfng Proparties [NOTE: As of 8/12/92, the applicant had not provided sta~f with multiple copies of the project's lloor plan showing existing and proposed uses, although he and hia attorney were adv~sed to do so on 8/4/92. Planninq maintaina two Pi~e copies of the plan which are availabla for review.] _ g _ ~' ~J ~ ^ ATTACHMENT A MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE Land Use Category Element Municipal Code Pro~ect Permitted Use Mixed Use Mixed Use Mixed Use Dwelling Uni.ts Multi- No max. 1 family Parking Space Number N/A "Grandparented" 8 in-lieu for 8 spaces ~n- of 17 req'd lieu of 18 gpaces. - 6 - ~ ~' ~! ( ~, ~~ dFFICIAL NOTICE OF PUBLYC HEARING Sub~ect of Hearing: Appeal of Occupancy Permit 91-020 1f20 Braadway, SCD (Broadway Commercial Districtj Applicant: Ron~n Hacker Appellant: Ken Genser A Public Hearing will be held by the Planning Commissian on the Pollowing request: Appeal af Oc~upancy Permit 91-020, which, in can~unction with Administrative Approval 91-111, allawed the re-occupancy of a formar residential rental praperty remaved fro~ rent cantrol via E1~3s Act pracedures, to germtt uge of one unit by the owner for residential purpoaes and the remaining seven units fflr aammercial purposes. TTME: WEDNESDAY, AUGUST Z9, 1992 AT 7:00 P.M. LOCATION: COUNCIL CHAMBER, ROOM 213, CITY HALL, 1fi85 MAIN STREET, SANTA MONICA, CALxFORNIA The City of Santa Monica encourages public comments. Interested pe~sons may comment at th~ hearinq, or by writing a letter. Letters should be addre6sed to: Planning Divisian, Raom ~11 ~685 Main Street Santa Monfca, Cal~fornia 9040~ Attn: D. Buckley, Assistant Planner Infarmat~ian an any application may be obtained from the Pl.anning Divisian at the address above or by callinq (213) 458--8341. The meet~ng facility is handicapped accessible. If you have any special needs such as sign language interpreting, pleas~e cantact the Office of the Disabled at 458-8701. Pursuant to California Government Code Section f5D09(b), if this matter is subsequently chal~enged in Court, the challenge may be limited to only thase issues raised at the Pub~ic Hearing described ~.n this natice, or in written correspondence deli~ered to the City of Santa Monica at, ar priar to, the Public Hearing. Esto es una notici.a de una audencia publica para revisar agplicaciones propaniendo de~arro~.Io en Santa Maniaa, Si deseas mas informacion, favor de llamar a E~sa Gonzalez ex~ 3.a Division de Plantigicacion al numero (213} 458-8341. ~ . -; ~ ~, _ ~ . ~, ~ ~ ~, f ~ ~~ CITY Of BP,NTA MOI~EICA/PJ.AHNINa DIVISION OCCUPP-NCY PERHIT DETERMINl1TION Case Hurnber: DC 91-D20 Address: 1620 Sroadway Zankng: SCD Proposed Use/Project: Residential/Commercial Applioant: Ronen Hacker (iENERAL PLAN ic HONICIpAL CODE CONFQRM7INCE Category General Plan MuniciQaZ Code Project Permitted Use: Mixed Use ~Mixed Use Mzxed Use parking: N/A "Grandparented'~ for B spaces in-lieu of 18 spaces. chanqe aP use wou~d require a total of 17 spaces. Replac~ment Requirement: None required. Comm~nts/conciusion: The applicant propases to owner-occupy one Z-bedroam unit anci to canvert the remaining 7 units to commercial use. The Occugancy Permit application meets all re~ative code standards and therefore merits approval. This upplica~ioa far an occupancy pormit is: Denied Subject ta separate administrative or discret~onary revaew. % GYanted r.rith the foliowing findings and conditions: BIHDINGS: 2. The propoaed use is in compliance witri Ordinance Number 1466 (CCS) and nny ~uch City Ordinance that app~y in that proposad occupancy con~ists ot the property awner and that a daed restriction shall be recarded stipu~atinq complianca with Section 1801 (f} of the City Chaptar griar ~a isauancQ of Certfricate of oacupancy, 2. The proposed accupancy conior~as ta the Genere2 Flan in that the multi-family reaidentinl use will not ba alterad until a bui],dir-q permit for an approvad rasidantial raplacsmant *~rn~t+rt f g iaa~~P_d. 3. The propased occupancy confcrms ta the Comprehansive Lat~d Uee and Zoninq ordinan~a in that the axistinq muiti-famiZy residantia~ usa wiZl nct ba ait~rsd untii a buildinq perait ror an npprovsd reaidential replacement pro~act i^ issued. 4. No more than one unit on th~ proparty will be accupied by owners of tha propertyl.~ar residantial ~urpoaeg~ Ormers may occupy other iunita for co~erciel puronses, 5. The Rant Control Soard haa cartifiad that tha ownar haa ~ complied wi~h ths raquiram~nts ast lorth !n ths Govarnmant Code sect~arfs 7060.2 and 7050.4 and with ~pplicabls - 1 - 'Ll ~ c. O regulntion promulgated by the Rent Control Baard in a determinAtion dated 4/16/92. CONDITYONe: f r reaidential purpose~. ~'~ ~ Fnmily members of the 1. Only one unit may be owner occupie ,, owner may res~de in other units: houevar, they aannot have ~.- any ownership interest in the units and ~annat pay rent a 8~her un- defir-ed in Seetion 1801(f) ot the City Charter. Ree ~8y be Restriction is required and a~ust be recordad refleetinq thi _ i condition. Proof of recordation must be provided to th s_ °~erc occugied Plannfng Division be_ore this determination wi~l becom regardles ef f ective. of 2. Plans for final design, 2andscaping, screening, trash °""ers~iF enclosuras, and s~gnage, where appiicable, shall be subject to raview and approval by Che Archltectural Review Soard. 3. within ten {10) days of transmittal oS Planninq Dfvisien approval, project applieant sria~l sign and return a copy of the Occupancy Permit determina:tiart prapared by the Planning Division, ~greerng to the conditions af agproval and acknowledging that failure to comply with such conditions shall constitute grounds far revocatiot~ af tha permit approval. Faxlure to comply with this condition shall constitute grounds far permit revocation, pursuant ta Sectian 9zsa.a ~sr~sc~ . ------------------------------------------------------- Determination by: ~~ ~ ~ ~~ ate: ~. Kenyon webstar Acting 2oninq Adrninistrator Drummond Buckley, Assistant Planner Case Planner ~~ __ ~ ~~ Date : ~ / . I ; ~ • i agree to the aDove conditians o! approvai and acknowledge tbat taflure to campiy xith ahy a~d all aoaditfang shali constitvta qrounds for potentiai revocation of the permit approval. ~ ~ll~ ~-~ov, HrLckwr S~tS'~`~2 Signature Print Name Date ~05~~71 ~8 Briver's License Number track/oc2Ddet - 2 - ~ ~ 4~ ~ GITY OF SI~HTA MOHICA/PLR~NfNG DIYISION A~IikISTiL4T7VE APPR4YAL DET~RNINA7I4M Case Number: AA 91-111 Location/Zone: 1620 Braadway/BCD Lot Dimensions and Area: 50'X150` (7,500 sq ft } Proposed Project: Conversior+ from resadeRtia7 use to s~ecfa~ty and general office use Appiicant: Ronen Hacker RENT COiVTROL STA1'US: Rent Cantrol Clearance For+n on file PREVi0U5 RELfVANT PERMITS• OC 91-020 MUNICIPA! CODE CONFORMANCE Category Hcrrticfpat Code Project Perm~tted Use M,xed Use Mixed Use Dwell~ng Units Na limit ~f proj 1 meets F.A.R re- quirements Parking Space Number S, per existing non- $ conform~ng settion of code Gomments/Conclusion The sub~ect parcel currently contains a 2-stpry, 8-unit apartment building which has been w~thdrawn from the rental market pursuant to the Eli~s Act Yhe applicant propases to con~ert ali b~t one unit to specialty and general off~ce uses Unit no H, as shown in plans dated Mfay 15, i990, will remain as a 2-bedrnam reszdenttal un~t for the owner. An ~ccupancy Perin~E {QC 9t-02Q) has been obtained for this purpose The 8 existing 1 and 2-bedroam units are served by 8 existinq on-site parktr~4 spaces, alt~ough the current Zaning Ordinance would reqaire a total of l8 spaces As no s~gn~ficant remodel~rtq or demo]~tton is to occ~r, and there is to be no add~tional square footage canstructed, the site wi11 rema~n "qrandparented" for a totai of & rn-~aeu of 18 req~~red par~Cir~q spates. The proposed change of use would result in 4,663 93 square feet of offTCe use, which, utilizing Lhe 1•300 park~ng ratia, would be required to have a total of l6 parking spaces. The residential remalns "grandparented" for a requirement of one space. 7herefore, tt~e total num6er of required spaces for the proposed CMange of u5e is 17 parking spaces, which is below the 1B spaces far w~ich the site 95 "grandparented " Tfi e propased specialty and generai offite uses are permitted in the BCD pistrict, prouided that the general affice uses are nat 7ocated oR thQ ground FTnnr Th4s apgllcatton for Adm9nistrative Approval ts• f3an i ¢d Sub~ect to separate administrative ar discretionary review. X Granted wlth the fo11ow1ng f4ndings and natations; -1- i~;; ~ ~ , ,_ ~ F1NDINGS: 1 The proposed development conforms precisely to the development stzndards for the area and the Santa Monica Mun9cipal Code and Genera] P]an. The prapased deve~upment does not requlre discretionary review or appro~al as outlined in the Municipal Code. N4TATIQHS OF ~UHICIPAL CQ~E AND OT~ER REQUIRE~EHTS: The rights granted by this Admtnistratiye Ap~rova] sha7~ be effective on2y when exercised xi#hin one (1) year from the d:Le the approvai ~s granted by the Zoning Admfnistrator 7his t9me ~i~it may be extended by the Ioning AdmiAistrator for good cause. for a period ta not exceed six (b) months upon written request by the applic=nt In the czse of a construct9on proJect, a bulidfng permit must be obtafned priar to Lhe expiration of th~s approva3 in order to exercise the rights granted by this approval. In the case of a change af use, a business license ~ust be obtai~ed and the use must be in operat~on prior to the expiration of thvs approval. App]icant is on notice that any extension may not be gr~ated ~f development standards relevant to the pro~ect have changed since pro~ect approval - The Admin~strat~ve Approval shall be subject to compliance with the ~rovfsfons of Chapter 5 of the Mun~cipa7 Ca~e and applicable provfstans of other City ordinances - Th7s approva~ is for those plans dated 5/15/91, a ~apy af which shall be maintained in the files af the tity Planning Division. Pro~ect develcpment shall be cons~stent with such plans Hinor amendments to the plans shall be subject ta approval by the Zaning Adminlstrator - Plans far f~nal design, landscaping, screening, trash enclosures, and signage, where appl~tahle, shall be subaect to review and approval b~ Lhe ArC~itectural Review Board. - Appl~cant is advised that pro~ects in the Cal~fornia Coastal Zone may need approva3 of the La3ifarnia Loastal Comnissian prior to issuance of any bu#id~rtg permfts by the GTty af Santa MonTCa Appl~cant is responsi67e for obtaining any such permits - Withi~ ten (i0} days of tran5mittal o# Planning D~v~s~on approval, proJect applicant shall sign and return a copy of the Adm~n9strati~e Approval determtnatian prepared by the P3ann3ng Divisian, agree~ng to the condi#ions af approval and acknowledg~ng that failure to comply with such conditiaAS Shall constitute grounds for patential re~ocation of the permit appro~al. fa3lure to comp3y with this condition shail constitate grnunds for potent9a) permii revozation, pursuant to 5ect~on 9134,4 ~S~Mt}. Determination by: ~-!if ~,r,r,~,.._ ~~ate: s~~t1 0. Kenyorl Mfebster r f ,4cting Zoning Administrator Case Planner. Orummond Buckley, Ass't Planner Date: EFFECTIVE DAT~OF ACT10N: 5~~~~`'~ EXPIRliTI' DAT,E ~1F ,4CTt01~ ~-S'/93~ _ LENGTI~ OF~ANY POSSiBLE EX~ENS~qNi OF EXPIRI4TIOH DATE: ~ -x- L+~ ~?3 1~yr~e ta tho abow ccndltians of caapty xith any and ~11 condltlcns revocatSo of tha permit app~oval. ~i fY/~.C` _- - Signature ` .~~ ~] ~ -4'~ ~C.rl ~-2 Drint name here TRACK/AA91111 aafo7~gz approva] ind ackno~rl~4qe that failu~+ ta st~atl canstitut• yrounds for potential 5'1 S~q2 aate [D r9~] r~~r Drivers L~cense Number -3- ~ ~~ ?_ ~ ~ ~ ~~ ~~ ~ ~' ~ ~ Subject Property. ~ 1520 ~rnadway View of Subject Propertv across -zntersect~on of 17th and Broadwav ~ ~ tti F rv_ ~ ~ ~ Westerly view down BraadwaV. • .' 7 ~ 4~ L~ .~ S~b~ect Propert~=: 1620 Broadwav Southerly view down 17th Street. ~ _~ ~ ~ Easterly v~ew down Bxaadway. r„1 ~ Frant view o~ Subject ~roperty rand ad~acent parkiny lot. ~' r__~ ~~ ~~ J fY~ Subject Prqperty: ~620 Broadway A T~'A~~~~' C v., ~~ PLANNINC~ COMMISSION STAT$MFNT OF OFFICIAL !-CTI4N PRdJECT CASE NUMBER: Appeal of Zoning Administratar Approval for Occupancy Permit 9i-D20 IACATION: 1620 Broadway APPLICANT: Ronen Hacker CASE PLANNER: D~}mmQnd BuCkley, Assistant P].anner REQUEST: To permit ths conversion of an exiating apar-- ment building from residential to commercial use CEQA STATUS: The pro~ect is categorically exempt per the City of Santa Monica GuideZines for the Im- plementation of CEQA, alass 1(1). PLANNING COMMISSION ACTION 9/30~92 Date. X Approved based on the following findings and subject to the canditions below. Denied. Other. Technical Denial based on failure ta car- ry a mation with a minimum of four votes. Zoning Adaninistrator approval upheld. EFFECTIVE DATE(S~ OF ACTION(S) IF NOT APPEALED: lOrl~/92 Appeal of 4C 91-D20 FINDIN[~S: 1. The proposed use is in campliance with Ordinance N;?mher ~466 (CCS) and any such City Ordinance that apply in that proposed occupancy consists of the property owner and that a deed restri.ction shall be recorded stipulating complfance with Section 1801 {f) o~ the City chapter prior to issuance of certificate of occupancy. 2. The proposed occupancy confarms to tha General Plan in that the multi-family residential use wi11 not be altered until a building peranit for an approved residentia], replaaement praject is issued. - 1 - .: ~ ,~ ~! 3. The proposed occupancy conforms to the Comprehensive I,~nd Use and Zon~ng Ordinance in that the ex~sting multi-family residentia~ use will not be altered until a buildinq permit for an approved reaidential replacement praject is ~ssued. 4. No mere than one unit on the praperty will be occupied by owners of the property. 5. The Rent C~ntrol Board has csrtified that the owner has complied with the requirementa set forth in the Gavernment Code Sections 7060.2 and 7060.4 and with applicable regulation promulgated by the Rent Control Board in a determination dated 4/16/92. CONDITIONBi 1. Only one unit may be owner accupied. Family members of the owner may reside in other units; however, they cannot have any ownershig ~nterest in the units and cannot pay rent as defined in Sectian 1841(f) af the City Charter. A Deed Restriction is required and mug~ be recorded refleating this conditicn. Proof af recordation must he provided to the Planning Division before this determination will becoma effective. 2. Plans for final design, ~andscaping, screening, trash enclosures, and signage, where applicable, shall be subject to review and approval by the Architectural Review Baard. 3. Within ten (10} days of transmitta~ af Planning Division approval, pro~ect applicant shall sign and return a copy af the Oacupancy Permit deter~aination prepared by the Planning Divis~on, agreeing to the conditions of approvai and acknowledging that failure to comply with such conditions shali constitute grounds far revacation of the permit approval. Failure to comply with this condition sha].1 canstitute grounds for permit revocation, pursuant to Section 9134.4 (SMMC). VdTE ON MOTION T4 DENY APPEAL AND UPHOLD DETERMINATION: Ayes: Mechur, Polhemus, Rosenstein Nays: Gi].pin, Morales Abst~in: Absent: O'Connor, Pyne NOTICE If this is a final decision not sub~ect the City of Santa Monica Comprehensive dinance, the time within which judicial must be sought is governad by Code of ~094.6, which provision has been adopted Municipal Code Section 1400. to further appeal under Land Use and Zoning Or- review of this decision Civil Procedure Section by the City pursuant to - 2 - ., ~' ~ 1 I hereby ctrtify that tbis Statement ly reflaats the linal d~t.rmination the City of Banta Monica. signature Ralph Mechurr Chairperson Please Pr~nt Name and Title date I hereby aqree to the abov conditions o~ approval and acknowledqo tbat failurs ~o comply ~ith suah oanditions ahall canstituta qrounds tor potentiai revoCatifln o~ the permit approval. AppYicant's Signature Print Nama and Title PC/tempstoa DKW;bz - 3 - o! Olfiaisl ~ation aaaurato- of th• Plsaniaq Commission of ~! ~r A~'~C~~I~' ~ v_ ,~ (5} Except Tfrith prior authorization of the Presiding Officer, the d~strzbutzon af literature, of whatever nature or kind, is pr~hibited. (e) P~rsons Authorized t~ be Within Rail. No person except Cauncilmembers and City Staff and recognized representatives of the news media sha~l be permitted within the rail w~thout the consent af th~ Presiding Officer. (f} Enforcement of Decorum, The Chief af Police or such member or members of the Police Department as he ar she may designate, shall b~ S~rg~ant At Arms of the City Councii and shall carry out al~ orders qiu~n by the Presiding Officer through the City ~Zanager for the purpose of maintaining order and decorum at City Council mee~zngs. Any Councilmember may mave to require the Presiding Officer to enforce the ruies and the affirmative vo~e of a ma~ority of the City CaunciZ sha~l require him or her to do so. RUi,E 19. VOTING PROCEDURE. Any vflte of the City Council, including a roll cal3 vote, tttay be registered by the members by answering "Aye" ~"or an affirmative vote or "No" for a negative vote upon his or her name being ca~led by the City Clerk. Unless a member of the City Cauncil states ~hat he or she a.s not voting, silenc~ shall be r~cord~d as an affirmative vote. RULE 20. DISQUALIFICATI~N F~R CONFLICT ~F INTEREST. Any Counciimember who is disqualified from voting an a particular matter by reason of a cr~nflict of a.nterest shal~ publicly state or have the Pre~~.ding Officer state the nature of - 22 - City of . 5 anta Mon~ca comm~ty and Econor~rc aeve~apnent pep~arb~t PfanMrg ~nd 7onlnp Qlriaon (2t3) 458-B341 A~PEAL ~aRl~ ~E; ~tpp.pp ~e F~d ~-ctober 9, 1992 Reoe"~ed b~ -'~ ~~-- ~ ~ ~ KEN GENSER p~~ City Councii Office, Rao~n 200, City Hall, 1b85 Main St., Santa Monica Co~t Pe~son Phone ( 31U } 458-8201 P~9aSB d9satb9 tlae pro~ect and d9d8an b be a~a!9d Occupancy permit far residential/comnercial use. This is an ~~nwal nf the Pl~nnina C.~romission's denial of mv anDeai of t#le Zanina A~minis~rator's determ~r~at~on. ~ N~ Occupancy Permit #91-020 Addr~@S~ 162f1 Rr~a~wav AppC~ Ronen HaG~g~' ~nalhearrgda~e ~of appea~ } Sep~ember 20, 1992 Qn~n~l~?n {B~ Zenina Admi~istra~p~) ~1av 6. ~992 Pieaae sta~e ihe ~ n~ao~(s) iur ~e appeal - The praposed occu~ancy is not irt car~formance with the Cort~ rehensive Land Use and Zoning Ordinance with resp~ct ta parking. it ~d~ponil ap~s ~s ~wad~d, w~ 6~ o{ lona. D~le ~~ 1 ~ : ~ A~"TAC~NIEN~' E '~~ ~J