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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-;- c./, ~"O / ~-4It. 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 Co;..........,.".... n:ltp 4-//2 -V'/ :J \. 3b 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, ~ (J 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 . .. . '1 .J.