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SR-12-A (16) ,/0 z-' CJ Of;:; t2 - '" FER 1 0 1987 C/ED:RAS:ljw Council Mtg: February la, 1987 Santa Monica, California TO: Mayor and city council FROM: City staff SUBJECT: Recommendation To Continue Appeal of Planning Commission Decision Approving Conditional Use Permit 443 And Set New Hearing Date. INTRODUCTION This report recommends that the city Council continue to February 24, 1987, the appeal filed by Donald Lewin Nelson of the Planning Commission approval of Conditional Use Permit 443 to permit the sale of beer and wine at a new convenience market in a new retail complex to be developed at 1865 Lincoln Boulevard. BACKGROUND Following a public hearing on December 1, 1986, the Planning Commission approved Development Review 366 to permit the construction of a single story retail complex totaling 7,387 square feet at 1865 Lincoln Boulevard (northeast corner of Lincoln and pica Boulevards). Heard concurrently with the Development Review application for the retail complex was an application for Conditional Use Permit 433 to permit a 2,400 square foot, 24 hour convenience market at this retail complex to sell beer and wine for off-site consumption. Following the public hearing the Planning Commission denied the applicant's request for the 24 hour use, but approved the - 1 - a-A fE-B 1 0 1981 . I Conditional Use Permit limiting the hours of operation to 7: 00 A.M. to 1:00 A.M. seven days per week and approved the sale of beer and wine for off-site consumption. An appeal of the Planning commission determination on Conditional Use Permit 443 for the beer and wine license was filed on December 2, 1986, by Planning Commissioner Donald Lewin Nelson. This was scheduled to be heard by the Council on February 10, 1987. On February 4, 19B7, staff received a request from both the applicant and the appellant to continue the appeal to the February 24, 1987, Council meeting. BUDGET/FISCAL IMPACT The recommendation presented in this report does not have a budget/fiscal impact. RECOMMENDATION Staff respectfully recommends that the City Council continue this appeal to February 24, 19B7. Prepared by: R. Ann Siracusa, Director of Planning Planning Division community and Economic Development Department Attachment A: Letter from Christopher Harding Requesting continuance of Appeal. RAS:ljw CCCUP443 02/04/87 - 2 - Attachement A LA\\TRE~CE & HARDING /I, PROFE:S510Io.,lAL co~poRATION Ci'-4RISTOPHER M r1AROING RIC;..AR0 A LAWRENCE ATTOR N EYS AT LAW '250 SIX;!.-t STREET SU'TE 300 KENNETH L ~U~CHER SANTA MONICA CAu'-ORNIA 90401 TELEPHONE '213" 393-1007 MARA J BRESNICK February 4, 1987 VIA MESSENGER EXPRESS John Jalili City Manager City of Santa Monica 1685 Main street Santa Monica, CA 90401 Re: Appeal of cup 443 Property Address: Applicant: Appellant: 1865 Lincoln Boulevard Andy Oldfield Commissioner Don Nelson Dear Mr. Jalili: This office represents Andy Oldfield, the owner of the property located at 1865 Lincoln Boulevard, Santa Monica, California. Mr. Oldfield has applied for Conditional Use premit No. 443, which was approved by the Planning Commission on December 1, 1986. Planning Commissioner Don Nelson has appealed that decision to the City Council. We are in the process of meeting with Commissioner Nelson and representatives of the pico Neighborhood Association to ascertain a common ground with respect to the CUP. To provide us with additional time to confer with interested parties in this regard, the applicant hereby requests that the hearing on this appeal presently scheduled for February 10, 1987, be continued to February 17 or February 24, 1987. We have discussed this cont1nuance with Commissioner Nelson, and he has indicated that he has no objection to such a continuance. Your cooperation and courtesy in this regard would be greatly appreciated. sincerely, "-~~~ ~_\\~ Christopher M. Harding for LAWRENCE & HARDING, A Professional corporation CMH: ymk KLK8:0LDFLD1 cc: Robert Myers, city Attorney Ann Siracusa, Planning Director Commissioner Don Nelson