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Council Mtg February 11, 1997 Santa MOnica, Callforma
TO Mayor and City Council
FROM City Staff
SUBJECT Certification of Amended Statement of Official ActIon for ConditIonal Use
Permit 95-016 and Vanance 95-033,2423 WIlshire Blvd
INTRODUCTION
This report transmits for City CounCil certification an amended Statement of Official Action for
Conditional Use Permit 95-016 to allow the operation of a drive-up window In a fast-food
restaurant located at 2423 Wilshire Blvd between the hours of 10 OOpm and 12 OOam Friday
and Saturday, and Vanance 95-033 to construct an acoustical sound wall up to fourteen (14)
feet In height
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On November 26, 1996, the CounCIl certified a Statement of OffiCial Action for the above
referenced project which contained a typographic error regarding the date of CounCil action
and a minor language omission on page 2 which should state that the pennlts expire If the
nghts are not exercised The attached Statement of OffiCial Action contains the necessary
corrections
BUDGET/FINANCIAL IMPACT
The recommendation presented In thiS report does not have any budget or finanCial Impact
1 6Cll
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FEB 1 11991
RECOMMENDA TION
It IS respectfully recommended that the City Council approve the attached amended
Statement of OffiCial ActIon
Prepared by Suzanne Fnck, DIrector
Karen GInsberg, Planning Manager
Amanda Schachter, Senior Planner
Paul Foley, ASSOCiate Planner
City Planning DIvISIon
Planning and Commumty Development Department
Attachment A Amended Statement of Official Action
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CITY OF SANTA MONICA
CITY COUNCIL
STATEMENT OF OFFICIAL
ACTION
PROJECT
CASE NUMBER: ConditIonal Use Permit 95-016; Vanance 95-033
LOCATION: Jack-in-the-Box Restaurant, 2423 Wilshire Blvd.
APPLICANT: Foodmaker, Inc., 9330 Balboa Ave., San DIego, CA 92123
APPELLANT: Foodmaker, Inc., 9330 Balboa Ave., San Diego, CA 92123
CASE PLANNER: Paul Foley, Associate Planner
REQUEST: To operate a dnve-up window In a fast-food restaurant between
the hours of lO:00pm to 12:00am Fnday and Saturday mghts;
to construct an acoustical sound wall up to fourteen (14) feet In
height.
CEQA STATUS: Categorically exempt pursuant to Class 5 of the State CEQA
GuidelInes In that the requested actIons Involve mmor land use
hmttations and do not involve changes m land use or denSitIes
CITY COUNCIL ACTION
10/22/96 Date.
X Approved based on the followmg findmgs and subject to the condltlons
below
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Denied.
Other.
EFFECTIVE DATE OF ACTION:
October 22. 1996
EXPIRA TION DA TElSl OF ANY PERMITS GRANTED:
Octoher 23 r 1997 Conditional Use Permtt if rights not exercised.
October 23. 1997 Vanance if rights not exercised.
LENGm OF ANY POSSIBLE EXTENSION OF EXPIRATION DATElSl:
Any request for an extension of the expIratIon date must be receIved m the Planmng and Zomng
DivisIon pnor to expiration of thIS permIt.
Apn123, 1998 CondItIonal Use Permit II Ii_I... ..I ,,"(.'r~ ~"41,
~pn] 23 r 1998 Vanance if rights not exercised.
FINDINGS:
CONDITIONAL USE PERMIT FINDINGS
1. The proposed use IS conditIOnally permItted wlthm the subject dIstnct and complIes wIth
all of the applIcable proVISIons of the "CIty of Santa Momca ComprehenSIve Land Use and
Zomng Ordmance", m that Intenm Ordmance #1806 allows the operatIOn of the dnve-up
wmdowafter lO:OOpm and before 7:00am WIth the Issuance of a CondItIonal Use PermIt
2. The proposed use would not impair the integnty and character of the dIStnct In WhICh It
IS to be established or located, in that, although there WIll be Impacts to adjacent reSIdentIal
neIghbors from dnve-up WIndow operatIOns from lO:00pm to 12 OOam on Fndayand
Saturday mghts, the nOIse Impacts WIll be largely mItIgated by the mstallation of an
acoustIcal sound wall and silent fast-food ordenng and confirmatIon system reqUIred as a
condItIon of approval. AddItionally, an on-site secunty person reqUIred as a condItIon of
approval WIll further mItIgate Impacts associated with the dnve-up wmdow operatlon by
discouragmg rowdy patron behaVIOI assocIated WIth the dove-up wmdow. However,
neIther the sound wall nOI security person WIll be able to eltminate all noise negatively
Impactmg the nearby reSIdents. Some nOIses WIll be generated 10 areas not protected by
the sound wall, for example, from cars queuIng m the dnveway, or from emergency
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response vehIcles respondmg to calls for servIce at the site. For these reasons, operatIOn
of the dnve-up wmdow after mIdmght would impaIr the mtegnty and character of the
dIStrict by exposmg adjacent resIdents to noise at a hme when most resIdents are lIkely to
be restIng or sleepmg, and thus dunng hours when such nOIses tend to be especIally
dIsturbmg and disruptlve
3. The subject parcells physically sUltable for the type of land use beIng proposed, 10 that
the existing land use WIll remam and the phYSIcal expanSIOn aSSOCIated with thIS
apphcauon IS lImIted to the InstallatIOn of an acoustical sound wall and SIlent fast-food
ordenng and confirmation system as shown on plans dated October 20, 1995
4. The proposed use 15 compauble WIth the land uses presently on the subject parcel m that
the eXIstmg land use will remaIn.
5. The proposed use would be compatIble WIth eXIsting and permISSIble land uses wIthm the
district and the general area In which the proposed use IS to be located, 10 that although
there WIll be Impacts to adjacent reSIdential neIghbors from dove-up WIndow operatlons
from !0:00pm to 12:00am on Fnday and Sanrrday nights, the nOIse Impacts WIll be largely
mItigated by the InstallatIon of an acoustIcal sound wall and sIlent fast-food ordenng and
confirmatlon system reqmred as a condItIon of approval. AddItIonally, an on-SIte secunty
person reqUIred as a condloon of approval will further mItIgate Impacts aSSOCIated WIth the
dnve-up window operatlon by dIscouragmg rowdy patron behaVIOr associated WIth the
dnve-up wmdow. However, neither the sound wall nor secunty person will be able to
elIminate all noise negatIvely Impacting the nearby reSIdents Some nOIses will be
generated m areas not protected by the sound wallt for example, from cars queumg in the
driveway. or from emergency response vehIcles respondmg to calls for servIce at the SIte.
For these reasons, operatiOn of the dnve-up wmdow after mldmght would not be
compatIble WIth eXIsting and pernllssIble land uses wlthm the dIStnct and the general area
by exposing adjacent reSIdents to nOIse at a time when most reSIdents are lIkely to be
resting or sleeping, and thus dunng hours when such nOIses tend to be especially dIsturbIng
and dlsrupbve.
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 eXIstlng use WIll remaIn and the physical expansion aSSOCIated WIth thIS applIcatIon IS
hmlted to the mstallatIOn of an acoustical sound wall and sIlent fast-food ordenng and
confirmatIOn system as shown on plans dated October 20, 1995
7. PublIc access to the proposed use will be adequate In that the installation of the acoustIcal
sound wall and SIlent fast-food ordenng and confirmatIon system WIll not make alterabons
to eXISting parlang or CIrculatIon and adequate access to the alley at the rear property lme
will be main tamed
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8. The physICal location or placement of the use on the SIte IS compatIble WIth and relates
harmoniously to the surrounding neIghborhood, m that the dnve-up wmdow operatIon is
located approXImately twenty (20) feet from the adjacent multl-famtly reSIdences and the
mstallatIOn of an acoustIcal sound wall and sIlent fast-food ordenng and confirmatIon
system required as a condItIOn of approval WIll largely mltIgate the nOIse Impacts
aSSOCIated with the dnve-up window operatIOn WhICh occur between 1O.00pm and
12:00am.
9. The proposed use 15 consistent WIth the goals, objectIves, and polICIes of the General Plan,
in that ObjectIve #1.1 of the Land Use and CIrculatIon Element of the General Plan calls
for protecting the quality of life 10 all reSIdentIal neIghborhoods and ObjectIve #1.6 of the
Land Use and CIrculation Element calls for the accommodatIon of commerCIal uses WhIch
serve regIonal, commumty and local needs along the commercIal comdors of the CIty
while respectlng the adjacent resldentlal neighborhoods The acousncal sound wall required
as a condItIon of approval WIll be located adjacent to the dnve-up aIsle and WIll separate
the drive-up aisle from the adjacent reSIdences, thereby reducmg nOIse Impacts from the
fast-food ordenng and confirmatIon system. AddItIOnally, an on-SIte secunty person
reqUIred as a COndItIOn of approval WIll further mItIgate Impacts aSSOCIated WIth the dnve-
up wmdow operation. However, operation of the dnve-up wmdow after mIdmght would
not protect the qualIty of hfe III the adjacent neighborhood and would not respect the
adjacent neIghborhOClCis. The acoustIcal sound wall cannot fully mItIgate all nOIse Impacts
asSOCIated WIth the dnve-up wmdow operatIOn mcludmg those Impacts WhIch stem from
patrons In vehIcles queumg In the dnveway approach to the fast-food ordenng and
confirmatIOn system, and would, therefore depnve the reSIdents who live adjacent to the
dnve-up WIndow a qUIet mght of sleep after mldmght.
10. The proposed use would not be detnmental to the pubhc mterest, health. safety,
convemence, or general welfare, In that, although there WIll be Impacts to adjacent
reSIdentIal neighbors from dnve-up wmdow operatIons from lO:00pm to 12'OOam on
Fndayand Saturday mghts, the nOIse Impacts WIll be largely mItIgated by the mstallatlon
of an acoustIcal sound wall and SIlent fast-food ordenng and confirmation system reqUired
as a cond1tion of approval AddItionally, an on-SIte secunty person reqUired as a COndItIon
of approval wIll further mItIgate Impacts associated WIth the dnve-up wmdow operatIon
by dIscouragmg rowdy patron behaVIOr assocIated WIth the dnve-up wmdow. However,
neIther the sound wall nor secunty person WIll be able to ehmmate all nOIse negatlvely
Impactmg the nearby reSIdents. Some nOIses WIll be generated In areas not protected by
the sound wall, for example, from cars queumg m the dnveway, or from emergency
response vehIcles respondmg to calls for service at the SIte. For these reasons, operatIon
of the dnve-up WIndow after midmght would be detrImental to the publIc mterest. health,
safety, convemence, or general welfare by exposmg adjacent reSIdents to nOIse at a tIme
when most reSIdents are lIkely to be restIng or sleepmg, and thus during hours when such
nOIses tend to be especIally dIsturbmg and dIsruptIve.
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II. The proposed use will not result m an overconcentratIon of such uses m the Immecbate
vlc10ity in that there are no other late-night dnve-up wmdow operatIons m the immedIate
area.
V ARIANCE FINDINGS
1. There are specIal cIrcumstances or exceptional charactenstlcs applicable to the property
Involved, 10cludmg SIze, shape, topography, locatIOn or surroundmgs, or to the intended
use or development of the property that do not apply to other propertles In the vicinity
under an IdentIcal zoning classIficatIon, in that the dnve-up aIsle of the dove-up wmdow
operanon IS located approximately twenty (20) feet from an adjacent multI-famIly
reSIdential property and an acoustical sound wall twelve (12) to fourteen (14) feet 10 height
IS necessary to attenuate the noise impacts of late mght operanons of the dnve-up wmdow
on the adjacent resIdentIal property
2. The grantmg of such vanance wIll not be detnmental or mJunous to the property or
improvements 10 the general vlclmty and dIstnCt 10 which the property IS located, m that
the acoustical sound wall as proposed will benefit the area as It IS mtended to attenuate the
nOIse Impacts of late mght operations of the dnve-up wmdow on adjacent residentIal uses.
3. The stnct application of the provisIOns of thiS Chapter would result in practIcal difficultIes
or unnecessary hardships, not mcludmg economic dIfficultIes or economic hardshIps, In
that an acoustIcal sound wall lImited to eIght (8) feet III heIght would not effectIvely
attenuate the noise Impacts of the late mght operatIOns of the dnve-up wmdow on adjacent
reSIdentIal uses.
4 The gnmung of a vanance WIll not be contrary to or III conflIct WIth the general purposes
and mtent of thIS Chapter, or to the goals, objectIves and polICIes of the General Plan, III
that Objective #1.1 of the Land Use and Circulation Element of the General Plan calls for
protectmg the qualIty of lIfe In all reSIdentIal neIghborhoods and ObJecnve #1.6 of the
Land Use and CIrculatIon Element calls for the accommodatIon of commercial uses whIch
serve regIonal, commumty and local needs along the commerCIa! comdors of the CIty
while respecting the adjacent reSIdentIal neighborhoods, and the acoustIcal sound wall
reqUIred as a condItIon of approval located adjacent to the dnve-up aIsle, separatmg the
dnve-up aisle from the adjacent residences, WIll reduce nOIse Impacts to the adjacent
neighbors from the fast-food ordenng and confirmatIon system. AddItIonally, the proposed
acoustIcal sound walliS IdentIfied In the CIty's adopted NOIse Element as a common
mItIgatIOn measure to alleVIate nOIse Impacts and m this case IS recommended to be
constructed to a height of between twelve (12) to fourteen (14) feet to attenuate the nOIse
impacts assocIated WIth the late-mght operation of the dove-up WIndow
5. The vanance would not ImpaIr the mtegnty and character of the dlstnct 10 whIch It IS to
be located, In that the acoustIcal sound wall as proposed WIll benefit the area as It IS
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intended to attenuate the noise impacts of late mght operations of the drive-up window on
adjacent reSIdentIal uses
6. The subject site IS physIcally SUItable for the proposed vanance, m that the proposed
aCOUStIcal sound wall IS located eIghteen (18) feet from the adjacent multi-famIly
reSIdentIal bUIlding to the north, and nses less than three (3) feet above the heIght of an
existing fence WhICh separates the multI-famIly residential bUIlding from the alley.
7. There are adequate proVIsIons for water, samtatIon, and publIc. utIlIties and servIces to
ensure that the proposed variance would not be detrimental to publIc health and safety, In
that the eXIstmg use will remam and the phYSIcal expanSIOn aSSOCiated with thIS vanance
applicatIon is lImIted to the InstallatIOn of an acoustIcal sound wall.
8. There wIll be adequate proVISIOns for publIc access to serve the subject vanance proposal,
In that the phYSICal expansion associated WIth thIS vanance applIcatIon IS hmIted to the
InstallatIOn of an acousl1cal sound wall.
9. The stnct apphcatIon of the proVIsions of the CIty of Santa Momca Comprehensive Land
Use and Zomng Ordmance would result m unreasonable depnvatIon of the use or
enjoyment of the property, 10 that the vanance is for an acoustIcal sound wall a maxImum
of fourteen (14) feet in heIght whIch IS Intended as a means to attenuate the nOIse Impacts
on adjacent residential uses associated WIth the operation of the dnve-up wmdow dunng
the late-night hours of operatIon as approved
CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT AND VARIANCE
&.os
1 ThIS approval IS for those plans dated October 20, 1995. a copy of which shall be
mamtaIned In the files of the Planning and Zomng DIVISIon PrOject development shall
be conSIstent with such plans, except as otherwise specIfied In these condItIOns of
approval
2. The Plans shall comply WIth all other prov1S1ons of the MUnICIpal Code, (Zonmg
OrdInance) and all other pertinent ordmances and General Plan polICIes of the Clty of
Santa Momca.
3. MInor amendments to the plans shall be subject to approval by the DIrector of Plannmg
and Commumty Development. A sIgmficant change m the approved concept shall be
subject to Planmng CommISSIon RevIew. ConstructIon shall be In conformance WIth the
plans submItted or as modIfied by the Planmng CommIssion, ArchItectural ReVIew Board
or DIrector of Planmng and Commumty Development.
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ArchItectural Review Board
4. Plans for final design of the acoustIcal sound wall and SIlent fast-food ordenng and
confirmation system as proposed by the applIcant shall be subject to reVIew and approval
by the Architectural Review Board.
5. As appropnate, the ArchItectural ReVIew Board shall reqUlre the use of antI-graffitI
materials on surfaces lIkely to attract graffitI.
ConstructIon
6. Unless otherwise approved by the Department of EnVIronmental and Public Works
Management, all SIdewalks shall be kept clear and passable dunng construction.
7. Sidewalks, curbs, gutters, pavmg and dnveways WhICh need replacmg or removal as a
result of the project as determined by the Department of EnVIronmental and PublIc Works
Management shall be reconstructed to the satisfaction of the Department of EnVIronmental
and PubIJc Works Management. Approval for thIS work shall be obtamed from the
Department of Environmental and Public Works Management pnor to issuance of the
bUIldmg permIts
8. Vehicles haulIng dirt or other constructIon debris from the SIte shall cover any open load
WIth a tarpaulIn or other secure covenng to mInImIze dust emISSIons
9. A SIgn shall be posted on the property m a manner conSIstent WIth the public hearing SIgn
reqUIrements whIch shall IdentIfy the address and phone number of the owner and/or
applIcant for the purposes of respondmg to questIons and complaInts dunng the
constructIon of the sound wall. SaId sign shall also mdIcate the hours of permISSIble
constructIon work.
10. The property owner shall Insure any graffitI on the sIte IS promptly removed through
comphance WIth the City's graffitI removal program.
11. A copy of these conditIons shall be posted in an eaSIly VISIble and acceSSIble location at
all times dunng construction at the project site. The pages shall be laminated or otherwIse
protected to ensure durability of the copy.
12 Street and/or alley lightmg shall be provided on publIc nghts-of-way adjacent to the
project If and as needed per the specIficatIOns and WIth the approval of the Department of
EnVIronmental and Pubhc Works Management.
13. Fmal bUIldmg plans submitted for approval of a buIldmg permIt shal1mc1ude the locatIon
and deSIgn of the acoustical sound wall and SIlent fast-food ordenng and confirmatlon
7
system as proposed by the applicant.
MIscellaneous CondItIons
14. The acoustIcal sound wall shall be a conuguous structure WIthout gaps between supportmg
steel tubmg and glass panels a mInImUm thickness of 0.5 mches or plastIc panels a
nummum thIckness of 0.75 Inches to attenuate the nOIse Impacts of the drive up wmdow
operation.
15. No eXIstmg trees at the subject property shall be removed for the msta11ation of the
acoustIcal sound wall.
CONDITIONS OF APPROY AL - CONDITIONAL USE PERMIT
MIscellaneous Conditions
16. The operatIOn shall at all hmes be conducted m a manner not detnmental to surroundmg
propertIes or residents by reason of ltghts, nOIse, activIties, parlang or other actions.
ValtdIty of PermIt
17. In the event permIttee Violates or fails to comply with any conditIons of approval of thIS
permIt, no further permits, ltcenses, or approvals shall be ISSUed untIl such VIOlation has
been fully remedied.
18. Within ten days of Planmng DIVISIon transmIttal of the Statement of Ofticlal Actlon,
project applicant shall SIgn and retum a copy of the Statement of OffiCIal ActIon prepared
by the Planmng DiVISIon, agreemg to the CondItIons of approval and acknowledgmg that
failure to comply with such COndItlOnS shall conStItute grounds for potentIal revocatIOn of
the permIt approval By sIgning same, applIcant shall not thereby wat.ve any legal nghts
apphcant may possess regarding said COndItiOns. The SIgned Statement shall be returned
to the Plannmg and Zomng Thvlslon Failure to comply WIth thiS COndItIOn shall constItute
grounds for potentIal permIt revocatIOn
19. The approval oftlus penmt shall expire one year from the permn's effectIve date. unless,
In the case of new development, a bUlldmg pennit has been obtaIned pnor to the expIrahon
of thIS approvalm order to exercIse the nghts granted by thIS approval ThIS permIt shall
also expIre If the bUlldmg permIt explIes or If the nghts granted under thIS approval are
not exerCIsed WIthm one year follOWing the earliest to occur of the followmg: Issuance of
a CertIficate of Occupancy or, If no Certlficate of Occupancy IS requued, the last reqUIred
final mspectlon for the new constructIOn. One SIX month extenSIOn may be permItted If
approved by the Duector of Planning and Commumty Development.
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SpecIal ConditIons
20. The sIlent fast-food ordenng and confirmatIon system shown on plans dated October 20,
1995, shall be util1zed wIthout loud speaker amplIficatIon between the hours of lO'OOpm
and 12:00am Fnday and Saturday mghts. A sign mdlcatmg that fast-food orders will be
taken at the second fast-food ordenng system dunng the hours mdICated above shall be
conspIcuously dIsplayed at the menu board.
21. Between the hours of W:OOpm to 12:00am on Fnday and Saturday mghts, the applIcant
shall proVIde an on-premises state lIcensed secunty person who shall work to ensure that
the dnve-up window operations shall be conducted m a manner not detnmental to
surroundmg propertIes or resIdents by reason of lights, nOIse, actIvItIes, parkmg or other
actlOns
22. The hours of operation of the dnve-up wmdow contamed in thIS permIt shall take effect
upon the mstallatIon of the acoustIcal sound wall and SIlent fast-food ordenng and
confirmation system as proposed by the apphcant. UntIl such bme as the acoustIcal sound
wall and sIlent fast-food ordenng and confirmation system are installed and approved by
the City l the hours of operanon of the dnve-up wmdow shall be 7:00am to 10 OOpm daIly.
CONDITIONS OF APPROVAL - VARIANCE
Vahditv of PermIt
23. In the event permIttee VIolates or falls to comply WIth any conditIons of approval of thIS
permIt, no further permIts, hcenses, or approvals shall be Issued untIl such VIOlatIOn has
been fully remedied.
24. Wlthm ten days of Planmng 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 Plannmg DivlSlon, agreeing to the CondItIOnS of approval and acknowledgmg that
faIlure to comply WIth such condltlons shall constitute grounds for potentlal revocatIon of
the permit approval By signing same, apphcant shall not thereby WaIve any legal nghts
applIcant may possess regardmg saId condltlOns. The SIgned Statement shall be returned
to the Planmng and Zoning DIVISIon. FaIlure to comply WIth tlus condIDon shall constItute
grounds for potential permit revocatlOn.
25. The approval of tlus permit shall expIre one year from the permIt's effectIve date, unless,
m the case of new development, a bUJldmg permIt has been obtamed poor to the expIratIOn
of this approval 10 order to exercise the nghts granted by thIS approval ThIS permIt shall
also expIfe If the buIldmg permIt expIres or If the nghts granted under thIS approval are
not exerCIsed witlun one year following the earltest to occur of the followmg: Issuance of
a Certificate of Occupancy or, If no Certificate of Occupancy IS required, the last reqUIred
final Inspectlon for the new construction. One SIX month extension may be permItted If
9
approved by the DIrector of Planning and Commumty Development.
ConstructIon
26. The acoustical sound wan shan be desIgned to a maximum heIght of twelve (12) to
fourteen (14) feet.
VOTE
Ayes: Abdo, Ebner, Genser, Greenberg, Holbrook, O'Connor, Rosenstem
Nays.
Abstain:
Absent:
NOTICE
If this IS a fmal decision not subject to further appeal under the CIty of Santa MOnIca
ComprehenSIve Land Use and Zoning Ordmance, the tlme wIthm WhICh JudiCIal review of thIS
decislOn must be sought is governed by Code of CIvIl Procedure Seenon 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
detennination of the City Council of the City of Santa Monica.
Mana Stewart Date
CIty Clerk
I hereby agree to the above conditions of approval and acknowledge that failure to comply
with such conditions shan constitute grounds for potential revocation of the pennit approval.
ApplIcant's SIgnature
Print Name and TItle
f ',ppd'share\dl'lhro\stoawds
10