SR-402-001 (46)
City of
Santa Monica
Department of Planning and Community Development
Planning and Zoning Division
(310) 458-8341
APPEAL FORM
O/APPOI'2-
Date Filed A ftt..t(...
Received By J. fA I T
Receipt No. * lip 3-;-
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Name Ballylfaylor Associates
Address 700 S. Flower Stret.. II th Floor. Los Anl?eles CA 90017
Contact Person Alain Bally Phone 213-892-6396
Please describe the project and decision to be appealed Application to amend the conditions of approval
of CUP 99-007. whicj) approved a Type 47 alcohol license for the Gaucho Grill restaurant. The
amendments to CUP ~9-007 involve the reconfiguration of the previously approved floor plan with the
addition of 33 seats and the additon of a 96 sq. ft. outdoor dining area (11 seats) to the previously
approved floor plan and includes the sale and dispensinl? of alcoholic beveral?es in coniunction with
food service within the new outdoor dining area. A total of 135 seats are proposed including 116 dining
seats, 8 counter dining seats, and 11 outdoor dining seats. .
Case Number CUP 00-015
Address 1251 Third Street / BSC-I Bayside Commercial District
Applicant Adolpho Suaya / Gaucho Grill
Original Hearing Date March 2 L 2001
Original Action Request denied
Please state the specific reason(s) for the appeal Please refer to attached document
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Bally/Taylor Associates
700 S, Flower Street,
Eleventh Floor
Los Angeles, CA 9001 7
213-892-6396 tel
213-892-6369 fax
April 2, 2001
Applicant:
Adolfo Suaya
Gaucho Grill
7805 Sunset Boulevard, 2nd Floor
Los Angeles, CA 90046
323-883-1050
323-874-1567 fax
Architect:
David Moman
7805 Sunset Boulevard, 2nd Floor
Los Angeles, CA 90046
323-851-9746
310-289-0391 fax
Attn: Tony Kim, Assistant Planner
Department of Planning and Community Development
City of Santa Monica
1685 Main Street, Rm 212
Santa Monica, CA 90401
REFERENCE: 8-A Conditional Use Permit 00-015, 1251 Third Street, BSC-l (Bays ide
Commercial) District, Application to amend the conditions of approval of
Conditional Use Permit 99-007, which approved a Type 47 alcohol license for the
Gaucho Grill restaurant, The amendments to CUP 99-007 involve the reconfiguration
of the previously approved floor plan with the addition of 33 seats and the addition
of a 96 square foot outdoor dining area (11 seats) to the previously approved floor
plan and includes the sale and dispensing of alcoholic beverages in conjunction
with food service within the new outdoor dining area, A total of 135 seats are
proposed including 116 dining seats, 8 counter dining seats, and 11 outdoor dining
seats, (Planner: Tony Kim) Applicant: Adolpho Suaya/Gaucho Grill.
Dear Tony Kim, Honorable Mayor and City Council,
We respectfully wish to appeal the decision rendered by the Planning
Commission on March 21'1 in the above referenced motter,
The Planning Commission erred and abused their discretion by failing to
consider the matter before them which was a requested modification to an existing
Conditional Use and the addition of 11 additional seats on an outdoor patio,
including the incidental sale of alcoholic beverages in conjunction with the service of
food. The Planning Commission acted against the recommendation of the Planning
Staff and the Bayside District Corporation, The Planning Commission's desire to punish
" '- ::;~!
Adolpho Suaya and the Gaucho Grill further exacerbates the climate for restaurants
trying to survive on the Third Street Promenade. The Third Street Promenade has
already lost 2 restaurants to retail uses willing to pay higher rents. If the intent of the
Planning Commission is to punish every restaurant that is not in full compliance with the
letter of their operating grant by effectively requiring their closure until every floor plan
and every seat count exactly matches the City's files, fine dining on the Promenade,
indeed the City of Santa Monica, will come to an end
Gaucho Grill's original request to the Planning Commission was to permit the
addition of 11 outdoor dining seats. This is what historically existed at Gaucho Grill and
was inadvertently left out of the application to re-license the restaurant after the re-
construction of the building in 1999. The restaurant was re-built with permits and
inspections, by Stratos Penis, as it exists today. This seating plan was at odds with the
plans submitted with the Conditional Use Permit approval dated February 16, 1999
(CUP 99-0(7). It differs in the configuration of the floor plan and the total number of
seats, although the square footage is exactly the same. CUP 99-007 approved a
4,CXXJ square-foot restaurant with 91 seats and a 4CXXl square foot restaurant was built
under inspection with 124 seats.
Since its re-opening Gaucho Grill has operated in a responsible and
conscientious manner with no complaints from either the City of Santa Monica or the
community. Planning Staff and this consultant were not even aware of the
discrepancy until the afternoon of our scheduled December 6th, 2CXXl Pianning
Commission meeting. When staff and the applicant were made aware of the
situation, Gaucho Grill, upon direction of the Planning Staff requested a continuance
to revise the application to remedy the discrepancy.
This revised application, including the remedy sought by staff, was brought
before the Planning commission this past March 21,2001. While Gaucho Grill is not yet
in receipt of the final Statement of Action, the Planning Commissioners at the hearing
based their denial of this request, not on the Findings of Facts as required by the City
Code, but rather their interpretation of Condition 8 of CUP 99-007.
"Validity of Permits
8. In the event permittee violates or fails to comply with any conditions of
approval of this permit, no further permits, licenses, approvals or certificates of
occupancy shall be issued until such violation has been fully remedied."
The Planning Commission failed to recognize that the amended request
before them was the exact remedy called for by Condition 8.
k eloquently stated by staff, Gaucho Grill and its associated patio use is
"consistent with the goals, objectives, and policies of the General Plan, in that Land
Use Element Policy1 .4.1 of the General Plan encourages restaurant and other uses
complementary to retail near the Third Street Promenade as key toward
revitalization", and the Bayside District Specific Plan General Policy 4.1.3 states the
need for provision of "the development of uses as necessary to maintain the
economic viability of the Bayside District.., including eating establishments.., ".
The restaurant, even in its current configuration with seating inside for 124 patrons,
does not begin to stretch the envelope of its more the 4,CXXJ square foot leasehold,
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Gaucho Grill has been a strong restaurant presence on the Third Street Promenade
for many years and wishes to remain.
We respectfully request the City Council to over-turn the action of the Planning
Commission on March 21, 2001 and approve Conditional Use Permit 00-015.
If you have any questions, problems or wish to discuss this further please do not
hesitate to call. If you get my service please leave 0 time which would be
convenient for me to return your call.
Respectfully submitted;
Aloin Bolly representing Gaucho Grill
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