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SR-6-Q (25) DEC # 5 ~ PCD SF KG DM f 1planlsharelcouncillstoaslstoacavercup98003 Council Mtg December 15, 1998 Santa Monica, California TQ Mayor and City Council FROM C~ty Staff SUBJECT Certification of Statemerttof Offiaal Action forAppeal 98-Q07 ofthe Planning Camm~ss+or~'s Appro~a~ of Condat~onal Use Perm~t 98-Qa3 to Allow the lssuance of a Type-47 (On-Sale General),a Type-66 (Controlled Access), and a Type-68 (Portable Bar} Alcohol License to be Used I n Con~unction with a 175 Roam Hotel Applicant Le Merigat HotellColumbia Sussex Corporatton Appellants Stephanie Barbanell and Jerry Bass 1NTRODUCTION This repor~transmits forCity Council certificatian the Statement of Off~cial Actian forAppeal 98-007 of the Planning Comm~ssion's appro~al of Conditional Use Permit 98-003 ta allaw the issuance of a Type-47 (On-Sale General), a Type-66 (Controlled Access), and a Type- 68 (Portable Bar) alcohol iicense #o be used in con~unction with the operation of a 175 room hotel Qn October 2T, 1998, the Council did not adopt a motion to a~prove or deny the appeal Therefore, the Pla~ning Comm~ssion a~proval was upheld as stated in the attached Statement of OfFicial Ac#ion BUDGETlFiNANCIAL INiPACT The recommendation presented in this repor~ has no budget or financial irnpact 1 DEC 1519~,96 RECOMMENDATION It is respectfully recommended tf~at the City Council approve the attached Statement af Official Action Prepared ~y Suzanne Frick, D~rector Karen Ginsberg, Planning Manager Da~id Martin, Senior Planner Planning and Community Development Department Attachment Statement of Official Action 2 ATTACHMENT A . . ~- ~ .~ GITY OF SANTA MONICA CITY C~UNC~L STATEMENT OF QFFICfAL ACTIQN PROJECT CASE NUMBER~ Conditianal Use Permit 98-OD3 LOCATION 174fi Ocean Avenue APPLiCANT. Le Mer~got Hotel/Columbia Sussex Corporation CASE PLANNER- Dav~d Martm, Senior Pfanner REQUEST. Appeal of Plannmg Commissaon Approval of a Condi#ional Use Perrnit to A~low t~e Issuar~ce of a Type-47 (Qn-Sale General), a Ty~e-66 (Con#rolled Access), and a Type-68 {Portable Bar} Alcohol Licenses to be Used m Con~unct~on with a 175 Room Hotel CEQA STATUS The pro~ect has been prev~ously assessed as part of the re~iew and approval af the De~elopment Re~iew Permit 425 and amendments thereto An EIR tor the profect was certified by the City Councd in June, 1989. ClTY COUNCIL HEARDING October 27, 1998 Date Approvec# based on tt~e following findings and sub~ect to the conditions below Denfed X Other - Pursuant to Santa Monica Municipal Code Sec#ion 1 12.240, the CEty Counc~l is deemed by operat~on of law ta have denred the appeal and affirmed the Planning Commissi~n appro~al ofConditional i '" ~G ~ Use Permit 98-003 as reflectec~ in Planning Commission Statement of Offi~ial Action dated 7/1198 smce the C~ty Cauncil drd not reverse or modify the Piannmg Camm~ssion decisron by ma~anty vate of the Caty Council EFFECTIVE DATE OF ACT10N: 4ctober 28, 1998 Condit~onal Use Permit 98-003 EXPIRATION DATE OF PERMIT GRANTFD: Octaber 28, 1999 Conditional Use Permit 98-403 LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATE: Any request for an extensian of the expiration date must be received in the Planning and Zon~ng Di~ision ~rior to exp~rafion of this permit. Six Months Conditronal Use Permit 98-D03 VOTE For denial of A~peal 98-007 and appro~al of Conditional Use Permit 98-003 with the following added conditions: 1 That the appl~cant shall make 20 parking spaces available to the neighbors at a rate camparable to #he City parkrng meter rate 2 That condition #14 shall be amended to res#~ct the hours of alcohol service at tf~e pool to~~am to9p.m 3 Tf~e app~icar~t shall participate m a neigh#~orF~ood wide safe#y program with o#her F~otels located in the viani#y of the pro~ect 4 Tha# conditron #20 shall be amended to state "No music shall be perm~tted which can be heard by surrounding residential neighbors" Ayes. Femstein, Genser, O'Connor Nays H~fbrook, Rosenstern A6sta~n. Absent. Ebner MOT~QN FAILED For denial of Appeal and approval of Canditional Use Permit 98-QQ3. 2 r~ ~ r ~ ~, J _~ Ayes Holbrook, Rosenste~n Nays. Fernsfern, Genser, a'Connor Absfain. Absent• Ebner MOTfON FAILED NOTICE If this is a final dec~sio~ not sub~ect ta furthe~ appea! under the City of Santa Monica Camprehensive Land Use and Zonmg Ordinance, the time withm which ~udic~al review of th~s decESion must be sought is go~emed by Code ofCivd Procedure Sectio~ 1 U94.6, which pravis~on has been adopted by the City purs~ant to Municipal Cade Section 1 16 Q10. I hereby certify that this Statement of Official Action accurately reflects the final defermination of the City Council of the City of Santa Monica. ~ ~ ~;~, ~..~C ti Z~ ~ (o ~ ~l. ~ Maria Stewart ~- Da#e City Clerk ~ herehy agree to the conditions of appro~al contained in the Planning Commission Statement of Official Action dated 71~l98 and acknowledge tha# fiailure to cvmply with such conditions shall constitute grounds for potential re~ocation of the permit a pprova I. Applicant's 5ignature Print Name and Titfe F IPLANISHAf2E1C4l1NCILISTQA51CUP98003 wpd 3 ~~ r