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SR-7-B (21) ~ . S-y~~d ]Af 1-13 LUT~r: PE: DKli1: D2-r Santa Irorll:::a f Callforraa PC/CCHEHO Councll Htg: April 2, 1991 TO: Mayor and City Council FRO!!: City staff SUBJECT: Supplemental Information and Recommendations Regarding an Appeal of a Planning Commission Condition of Approval of a Conditional Use Permit to Allmv the Ope~ation of a 393 Seat Entertainment Facillty and Restaurant with a Type-47 Alcohol License. INTRODUCTIO~ At the City council r:eeting of Harch 26, 1991, an issue was raised rega~ding the allowable occupancy of the p~oposed restau~ant/entertalnment facillty relative to the Unlform Building Code requirements. The question was whether an occupancy of 393 would be per~itted in the subject space based on Sect:Lon 3302(a) "Determination of occupancy Loadu of the Building Code. BACKGROUND Roughly half of the proposed establishment conS.1.st of assembly area. By using the use category for "asserrbly areas" and "concentrated assembly areas" and the uses devoted to each such category, a total occupancy of 266 occupants is derived. However, this Code section is not intended as a limiti~g factor on occupancy. Rather, it is the way of determir.~r.g the exiting requirem~nts based on occupancy load. The Code also states that the occupancy lead for an assembly building or portion thereof may be increased, when approved by the building official, if all - 1 - . . lC requ.:.rements of 'tt.e cede are ret for such :..ncreased ::llY::.oer 0:: persons. In this case, the BUlldlng and Safety Di V1Slon wlll require the applicant to provide tT.;o =our f.oct:. '-ade exl.":.s. ""''hA ~....1_ plans have been modified to reflect this requirement (see attac:'led plans) . The Building Code also states tllat for a bUllding or portio.:1 thereof which has more than one use, the occupant load shall be determined by the use wh:.ch results in a calculatlon of the largest nu~ber of persons. It must be re~embered that t~e intent of the Cede is to assume h~gher occupancy so that ~ore demandlng ex:..ti::g requirerre~~s are addressed. In th:..s ease, the 3/174.73 square foot area I lf calc'.1lated at an occupancy load factor of o~e occupant per 7 sq~are feet, would allow an occupa~cy of 433, well above the occupancy proposed by the applicar.~. Preli~i~ary reVlew of the seatlng plan by the BUlldlrg and Safe~y Divlsicn indicates t~at the plan ~ay need some char.ges, depending on t~e exact dirensions and layout of furnlture. Th:.s 1.iQulct be evaluated prior to issuance of a Building Permit a~d Cer~lfica~e of Occupancy by the Building and Safety Division and Fire Depart:--ent. Should changes be req:lired at that "ti.:-:e, staff is recommending that condition ~15 be ~odified as stated celow, in order to ensure that the establishment maintai::1s the. proposed balance of dining and entertainment seats: Minor amendments to the plans shall be subjec~ to approval by the Director of Planning. An increase of more than 10% of the square footage or a signlficant change in the - 2 - .. . . app~cved cc~cep~ shall be subject to ?la~~l~g Cc~m1ss:on Rev ie,v . Constr~ction shall be in substa~t:a: cc~for~ance with the plans dated March 29, 1991, cr as ~cdif1ed by t~e PlanYllng Commission, Architectl1ral Rev ie~v 30ard r or Dlrector of Planning. At least 70% of t~e nu~ber of seats shall be malntained for food service. The applicant has req~ested that Condlt1on ;1:3':' be r"od:.fied as foIl mvs : 1;"0 persons under 21 shall be penn t~ed in the establishrrent after 10: 00 P .n. unless acco::-par.~ed by an adult. ?:::corlHENDAI'::O)f It 15 respectfully recommended t.hat tr.e C:.. ty CO'...1~cll deny t::e appeal ar:d up::old the ?lannlng Cemrnssicn 1 s app~cva~ '.1:.-:::. the tT.iO rev:sed conditlo~S neted above. Prepared by: David Martin, Asseclate Planner Paul Berlant, Di~ec":or of PlanYllng Planning Division Ce~riunity and Econcm1c Develcp~en~ ~epartnent Attachments: A. Revised Building Plans ml PCjCCHEHO 03/29/91 - 3 - . . 1--~ LUTI1 : PB: DKVl: DM PC/CCUP9099 Council Mtg: March 26, 1991 .) f> \QQ1 *,",v." Santa Monica, California Af-iR ~ i::J~j TO: Mayor and City Council FROM: city staff SUBJECT: Appeal of a Planning commission Approval of a Conditional Use Permit to Allow the Operation of a 393 Seat Entertainment Facility and Restaurant with a Type-47 Alcohol License. :!:1TRODUCTION This report recommends that the City Council deny the appeal and uphold the Planning Commission approval of Conditional Use Permit 90-099 to allow the operation of a 393 seat entertainment facility and restaurant ~vith a Type-47 alcohol license at 309 Santa Honica Boulevard. At the Planning Commission meeting of 3anuary 30, 1991, the Commission approved the project by a vote of five in favor and two opposed. ~he Planning staff recommended approval of the Conditional Use Permit. The appellant has filed an appeal of the Planning Commission action. BACKGROUND In August of 1990, the operator of the King George V Restaurant, currently located in the ground floor of the Bayside Arts Build- ing, submitted an applicat:ion for a conditional Use Fermit to perIut the expansion of i:he King George V Restaurant into the basement area of the Bayside Arts Building. At that time, staff - 1 - "i ,-' -r~ 5 MAR 2 6 1991 APR 2 1991 . . met with the Santa Monica Police and was informed that the Vice Division had serious concern about the proposed expansion of the existing Pub. After discussion with staff and the Vice Division, the applicant requested that the item be continued in order to allow an opportunity to address the problems associated with the proposed expansion and in December of 1990, the operator of the King George V Restaurant withdrew his application. On December 2l, 1990, the owner of the Bayside Arts building, Robert Resnick, submitted a new application for a restaurant/ entertainment facility to be operated in the basement of the building. The proposed operation would be a seperate facility and would not be affiliated with the King George V Restaurant. Before submitting the new application, the applicant met with planning staff and representatives from the Bayside District Cor- poration, Economic Development Division and the Police Depart- ment. Comments received from the various representatives were incorpora ted into the appl icant ' s final submittal. The Santa Monica Police Department agreed to support the project subject to a list of conditions designed to alleviate potential problems that may be associated wi th the proposed use. Santa Monica Police Chief James Keane outlined these conditions in a letter to the Alcohol Beverage Control (Attachment C), and these conditions were included as conditions of approval (Conditions 24-26). At the Planning Commission meeting of January 30, 1991, the Com- mission approved the proposed Conditional Use Permit by a vote of five to two. The two commissioners who voted against the project - 2 - . . expressed concern about the potential overconcentration of al- cohol outlets on the Third Street Promenade and in the downtown area. On February 13, 1991, Merr~tt Coleman of the Santa Monica Neigh- borhood Coalition filed an appeal of the Planning Comm~ssion ap- proval. As stated in the attached appeal form (Attachment A), the appellant's concerns include an overconcentration of alcohol outlets within the downtown area, inadequate parking in the vicinity and unsafe emergency exits from ~he proposed establishment. ANALYSIS The proposed application \fould involve the conversion of the basement area of the Bayside Arts Building to a amphitheater/ restaurant. According to the applicant, the facility would fea- ture broadcast quality, live jazz, blues, and folk music in a simi-circular seating arrangement on multi-tiered floors with an elevated stage. A dance area would be provided on the lower level, adjacen~ to the stage. The facility would also include a full service restaurant providing sit down lunch and dinner ser- vice. A total of 393 sea~s would be provided. The main entrance to the facility vlOuld be through a seperate ground level storefront adjacent to the King George V Restaurant. Handicap access would be provided via an elevator located in the building lobby. The Building and Safety Division and Fire De- partment have r-evievled and approved the layout of the proposed facility for handicap and emergency access. The layout of the - 3 - . . establishment would consist of a l30 square foot stage at the west end of the space with seating for 393 people directed toward the stage. A bar would be located at the east end of the public area, opposite the stage. A full service kitchen, storage area, bathrooms and lobby area would be located in the remainder of the basement space, toward the east end of the building. Parking The zoning Ordinance parking requirements for the facility would be 82 parking spaces. However, the project site is located in the Downtown Parking Assessment District and is not required to provide parking. According to preliminary data collected by Kaku Associates for the downtown parking study, structure #3, which is the structure located in the same block as the proj ect, is operating at a weekday peak of 74% occupancy between 2 P.M. and 3 P.M., resulting in 96 available spaces, and a weekend peak of 92% occupancy between 8 P.M. and 9 P.M., resulting in 30 available parking spaces. The parking study also concluded that while cer- tain structures may be near capacity during peak periods, peak period utilization for the entire district, including all six structures, is only 63%, which results in a 37% availability rate (1,130 parking spaces). Of the approximately 3500 parking spaces in all six structures, llOO spaces have been reserved as permit spaces. At the city council meeting of February 19, 1991, the council approved several modifications to the Citywide parking policies. Among these modifications is a plan to convert all permit parking - 4 - . . spaces In the dovmtovm parking structures to metered spaces. This will result in the conversion of approximately 1100 permit spaces to metered spaces. 3ased on the ava~lable parking in the district and the fact that a portion of the establishments patrons would walk to the facility from surrounding parking lots and entertainment uses, t:he proposed use ~s not expected to result in a shortage of parking in the district. Project Relation to Downtown Development Plans The project would be located in Zone 2 of the Third street Mall Specific Plan. A conditional Cse Permit ~s required for the sale of alcoholic beverages and entertainment facilities. Third street Mall Specific Plan Policy 4.1.11 encourages the introduc- tion of uses which would attract nighttime use to the mall, such as mov~e theatres, cultural performance halls, restaurants, and entertainment facilities. While there has been a concern expressed by the Planning commis- sion and others regarding the number of alcohol outlets on the ~hird street Promenade and t~e concentrat~on of restaurants and entertainment uses in the area of the project, the proposed use ':lould offer a unique type of entertainment service 'Chat is not currently provided within the Bays~de District. The stated In- tent of the proposed llve music venue is to attract a mature and culturally diverse crowd to the Promenade. The use would be lo- cated In the basement of an existing building, a space that is not suitable for other types of uses such as retail or office. with the recommended conditions of approval from Planning staff, - 5 - . . the Planning commission and the Police Department, the proposed use would complement the mix of uses existing and planned in the Bayside District. within a 500' radius of the site, there are eleven on-sale general alcohol licenses, six on-sale beer and wine licenses and two on-sale general for public premises licenses. These include the following: Type-47 (On-Sale General Alcohol License) Golden Monkey - l360 3rd street Promenade (Under construction) Yankee Doodles - 1410 3rd street Promenade (Under Construction) The Improv - 321 Santa Monica Tony Roma's - 319 Santa Monica Boulevard Legends - 1301 3rd street Promenade Teaser's - 1351 3rd street Promenade King George V - 301 Santa Monica Boulevard Shekarchi's Restaurant - 304 Santa Monica Boulevard Key West - 303 Santa Monica Boulevard Pescato's - 316 Santa Monica Boulevard Harvelles's - 1432 4th street Type-42 (On-Sale Beer and Wine License) Fama - 1416 4th street Taka Sushi - 1345 2nd street Gondelli's Sandwich Shop - 225 Santa Monica Boulevard Nat's Restaurant - l432 4th street - 6 - . . ~arly World Restaurant - 40l Santa Monica Boulevard Kaminari Sushi - 320 Santa Monica Boulevard 7ype-49 (On-Sale General For Public premises) ~th Avenue - 429 Santa Monica Boulevard ~ayfalr Theater - 214 Santa Monlca Boulevard According to the 1980 Census, there is a residential population of 46 people within a 500' radius of the site. staff is working with a Planning Commlssion subcommittee to ex- amine alcohol :.-elated issues 1 and to determine if changes to adopted policies or Conditlonal Use Permit requirements are ap- propriate. Staff believes that any such changes should be exam- ined and debated on a systematic basis lilhich ,..,as the type of pUblic process which resulted in adoption of the present CUP re- quirements, as well as the Third Street Mall Specific Plan. Conclusion 'The proposed restaurant and live music venue complies t...,ith the provisions of the Zoning Ordinance and the Third Street Hall Specific Plan. Adequate parklng for the use is available in the City parking structures. with the recommended conditions of ap- proval from the Planning commlssion and the Pol ice Department, the use would be compatible with existir.g uses within the Bayslde District. - 7 - . . BUDGET/FINANCIAL IMPACT The recommendation presented in this report does not have any budget or fiscal impact. RECOMMENDATION It is respectfully recommended that the Council deny the appeal and uphold the Planning Commission approval of Conditional Use Permit 90-099 with the findings and conditions contained in the Planning Commission statement of Official Action dated 01/30/91 (Attachment B). Prepared by: D. Kenyon Webster, Principal Planner David Martin, Associate Planner Planning Division Land Use and Transportation Management Department Attachments: A. Appeal form dated 02J13/9l B. Planning Commission statement of Official Action dated Ol/30/9l c. Planning commission staff Report dated Ol/30/91 D. Letter from Police Chief James Keane dated 12/2l/90 E. Project Plans DM PCjCCUP9099 03/21/91 - 8 - · (avof . Santa Monica Com m Ut'lrty ana Economic DeYelop'nent Deganment Planning ana Zoning D4'M1aft :213) 4.58.8341 APPEAl fORM FEE. $100.00 Date Flied ~ecetWd by ,qec8lCt No 2-.:' I ~ .iq : _..,-<?~ b'" .., '-'= 'CL..::::::' w -:::'i .1 --- (~ . -:::. /I ~..1 . -^ ....... _, ,-"'- ~ame / ~c:... }~""'\' l '--0 "--C ,-, -""'-l - _ ~ ... - ,-",.~ ...,. AJ EtGtT ijc)'t.t+t:(l:) Adaress (,ore ')i~;;:""'....() ~< - ~,4u~ -t.o.....i,c.A.. c...+ '7C'foy Contact Person t~ 1'-'0 ---r C-t ~ ~.4.....J Phone (2..\ j) ~ l!? - 11'f I Go A-t.., ;-: <.:. J Please descnbe !he OI'OJed and deciSIOn t) be appealed ~~.. (' l,.-' -;;-1 7'-f K. - ';'") 3 ~ 3 ') &'\-r (j.J i"'8l.. ~,.....,~ rAe, L, 'if "'Y? 'h4fHl L- L. c..c..v'5 r APlCA-L ~.~ ~f;,\..4:,",' '-<..J""'" Ce....,? l'o.....~' . r.o C' ....~~ Case Numoer '-. u , 7 c - ,-) Address }e '7 ") 1N;"'fr ~A..J \ <:.4 i3 0 .... L t;.. '-" ~ ApplICant A-06 bc1 '~-v.c...t.. ~ ~~CLi 4-t-q. "..,....9~ OngnaJ heanng date ~ >J ~ J 0 ( l'i 9 f OngnJ actIOn 9 f'4 ~ '1f P ^-4...Vi) v.. ,;;-r- c., ....? t I. ,,~... :) p~ stale !he sptdfIc 1'IIIOfl(1) for the ~al l)' IN llr<>EQIo! f\.rC pA{\..~.....G (L) u......<sA-fC <?-:~c.e.4-0') i';:;\1 ^,..........,L..... ....-::..-4.... - A':::. .... - ~~, I.-<l Po( ~. ._~ ,,.,,..... " ~ cr-4. L....4O'1... .-t.r. 0 ts~ 6.1~ ? ,-~t- C. '"T c.. '2. (';;"""'1 6 ~ 0 ; r>e,v") L,<?u vA l,..;c...e::--..J)~ v 7~ -.J ~ ( ~&+7~- Sq1atLn rn/~ I '- 11 addiIIcnII !pICe . needed. ~ bIck of Ir::rM. ~ J OatIT~ 13 /)91 / A1\?i.t4M~ k . . STATEMENT OF OFFICIAL ACTION PROJECT NUMBER: Conditional Use Permit 90-099 LOCATION: 309 Santa Monica Boulevard APPLICANT: Robert D. Resnick and Jeffrey M. Alexander CASE PLANNER: David Martin, Associate Planner REQUEST: Application of a Conditional Use Permit to allow the operation of a 393 seat entertain- ment facility and restaurant with a Type-47 alcohol license. PLANNING COMMISSION ACTION Ol/30/91 XX Date. Approved based on the following findings and subject to the conditions below. Denied. other. EFFECTIVE DATES OF ACTIONS IF NOT APPEALED: CUP 90-099 - February l3, 1991 EXPIRATION DATE OF ANY PERMIT GRANTED: CUP 90-099 - February 13, 1991 LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATE cup 90-099 - 3 Months 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 the use is one which is conditionally permitted in the C3C district, and is en- couraged by the Third street Mall specific Plan. The es- tablishment of an entertainment use and the ancillary sale of alcohol will allow greater daytime and nighttime use of the site and will contribute to the economic - 1 - A1f~tv1&J T ~ . . revitalization of the downtown area as d~scussed in the Third Street Mall Specific Plan policies. 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 Third Street Mall specific Plan encourages restaurant and entertainment uses. The alcohol service will be ancillary to the restaurant and entertain- ment function of the establishment. Provided the alcohol use does not become primary in nature or the bar area does not function as a stand alone bar, the use should not im- pair the surrounding district. 3. The subject parcel is physically suitable for the type of land use being proposed, in that Third Street Mall Specific Plan Policy sections encourage restaurant and entertainment activities along the Promenade. 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 project would be located in a building containing a mix of retail, restaurant and office uses. 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 allows the proposed use and the Third street Mall Specific Plan encourages dining and entertainment uses in this 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 adequate- ly served by existing infrastructure. 7. Public access to the proposed use will be adequate, in that parking would be provided in the city parking structures. 8. The physical location or placement of the use on the site is compatible with and relates harmoniously to the sur- rounding neighborhood, in that the proposed use is com- patible with existing uses in the area. 9. The proposed use is consistent with the goals, objectives, and polic~es of the General Plan, in that the Land Use Element of the General Plan promote restaurant and enter- tainment uses on the Third Street Promenade. 10 . The proposed use would not be detrimental to the publ ic interest, health, safety, convenience, or general welfare, in that the proposed use is consistent with the Zoning Ordinance, the Third Street Mall Specific Plan and the Land Use Element of the General Plan. - 2 - . e 11. The proposed use conforms precisely to the applicable per- formance standards contained in Subchapter 6, section 9050 and special conditions outlined in Subchapter 7, Section 9055 of the City of Santa Monica Comprehensive Land Use and Zoning Ordinance, in that no performance standard per- mit is required. 12. The proposed use will not result in an overconcentration of such uses in the immediate vicinity, in that the pro- posed operation would offer a unique type of service not currently provided on the Third street Promenade or in the general area. ALCOHOL OUTLET FINDINGS 1. The proposed use and location are in accordance with good zoning practice, in the public interest, and necessary that substantial justice be done in that the use is one which is conditionally permitted in the C3C District, and is encouraged by the Third street Mall Specific Plan. 2. The proposed use is compatible with existing and potential uses within the general area: traffic or parking congestions will not result; the public health, safety, and general welfare are protected; and no harm to adjacent properties will result in that the restaurant and entertainment would be compatible - with" existing retail, restaurant, office and entertainment uses and parking will be provided in the City parking structures. 3. The welfare of neighborhood residents will not be adversely affected in that the proposed use would be located away from major residential areas. 4. The granting of the license will not contribute to an undue concentration of alcohol outlets in the area in that the proposed operation would be located within the boundaries of the Third street Mall Specific Plan which has been identified as a location for a concentration of a variety of entertainment uses including restaurants and night clubs. 5. There will be no detrimental affect on nearby residentially zoned neighborhoods considering the distance of the alcohol outlet to residential buildings, churches, schools, hospitals, playgrounds, parks, and other existing alcohol outlets in that the site is not located near residential neighborhoods. ALCOHOL OUTLET CONDITIONS 1. The owner shall prohibit loitering outside the entrance and shall control noisy patrons leaving the facility. - 3 - . . " The primary use of the premises shall be for entertainment and sit-down meal serv~ce to patrons. 3. The premises shall maintain a kitchen or food-serving area in which a variety of food is prepared and cooked on the premises. 4. The premises shall serve food to patrons during all hours the establishment is open for customers. 5. Seating arrangemen~s for sit-down patrons shall not exceed 393 seats. 6. Take out service shall be only incidental to the primary sit-down use. 7. No alcoholic beverage shall be sold for consumption beyond the premises. 3. Permitted hours of operation shall be 6:00 a.m. to 1:00 a.m. Sunday-Thursday, and 6:00 a.m. to 2:00 a.ln. Friday and Saturday. 9. Permitted hours for the sale of alcohol shall be 10 a.m. to 1:00 a.m. Sunday-Thursday, and 10:00 a.m. to 2:00 a.m. Friday and Saturday. 10. No "after hours" operations shall be permitted. 11. 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. 12. Prior to issuance of a Certificate of Occupancy, or a business license, 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. 3 . Prior to issuance of a Certificate of occupancy, or a business license, as applicable, the operator shall submi t a plan for approval by the Director of Planning regarding employee alCOhol awareness training programs and policies. The plan shall outline a m.andatory alcohol awareness training program for all employees having contact with the public and shall state managem.ent's policies addressing alcohol consumption and inebriation. Final plans for any changes to exterior design, landscaping I trash enclosures I and/or signage shall be subject to review and approval by the Architectural Review Board. 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 or a significant change in the - 4 - . . 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. 16. The applicant shall comply with all legal requirements regarding provisions for the disabled, including those set forth in the California Administrative Code, Title 24, Part 2. 17. Refuse areas, storage areas, and shall be screened in accordance {SMMC). Refuse areas shall be of a on-site need. mechanical equipment with See. 91273.2-4 size adequate to meet 18. The operation shall at all times be conducted in a manner not detrimental to surrounding properties or residents by reason of lights, noise, activities, parking, or other actions. 19. No noise generating compressors or other such equipment shall be placed adjacent to naiqhboring residential buildings. 20. Alcohol shall not be served in any disposable container such as disposable plastic or papar cups. 21. No video or other amusement games shall be permitted on the premises. Within thirty (3D) days from date approved) the applicant shall provide Statement of Official Action for this local office of the State Alcoholic depart1llent. 23. This permit shall expire one year from the effective date of approval unless required ABC permits are obtained. One three-month extension of the one-year period may be permitted if approved by the Director of Planning. 22. of approval {if a copy of the approval to the Beverage control 24. The existing loading space located on Santa Monica Boulevard adjacent to the Bayside Arts Building shall be maintained. 25. Pedestrian queuing shall not block the adjacent sidewalk or storefronts. The appl icant shall submi t a plan for pedestrian queuinq to the Director of Land Use an~ Transportation Management prior to issuance 0 certificate of Occupancy. 26. The applicant shall be on notice that future standa! alcohol conditions which may de developed, such requiring-a designated driver program, shall apply to th - 5 - . . project if the conditions are instituted prlor to issuance of Certifica~e of Occupancy. 27. The Building and Safety Division shall review and approved the proposed layout in terms of emergency exiting requirements prior to issuance of building permits. 28. The proposed establishment shall hold "non-alcoholic" events on a periodic basis. 29. The number and distribution of toilets in the women's and men's restrooms shall reflect the fact that a greater number of toilets are necessary for female patrons. Special condition 30. Securi ty shall be provided by the applicant during all hours of operation to the satisfaction of the Santa Monica Police Department. 'l.' .....J... No minors shall be permitted in the establishment after 10:00 P.M. unless accompanied by an adult. The establishment's monthly alcohol sales shall not exceed 40% of total monthly revenues. All records must be available and current for viewing by enforcement agencies. 32. VOTE Ayes: Nays: Abstain: Absent: Kaufman, Morales, Mechur, Pyne, Rosenstein Nelson, Polhemus NOTICE If this is a final decision not subject to further appeal under the City of Santa Monica comprehensive Land Use and Zoning Or- dinance, 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 1400. I hereby certify that this statement of Official Action accurate- ly reflects the final determination of the Planning Commission of the City of Santa Monica. signature date - 6 - . . Ralph Mechur, Chairperson Please Print Name and Title I hereby agree to the above conditions of approval and acknowledqe that failure to comply with such conditions shall constitute grounds for potential revocation of the permit approval. Applicant's Signature Print Name and Title PCjAOTS9099 OM - 7 -