SR-402-001 (52)
i.D
FEB 8 2005
PCD: S F :AS: J L: BL f: \pcd\cityplan n i ng\share\Cou ncil\STOAS\04 \04app009gotham. doc
Council Mtg: February 8, 2005 Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Certification of the Statement of Official Action for Appeal 04-009 of the
Planning Commission's Determination Approving Conditional Use Permit
04-005. Project Address: 1429-1431 Third Street Promenade.
Applicant/Appellant: Renee & Albert Mizrahi
INTRODUCTION
This staff report transmits for City Council certification the Statement of Official Action
for Appeal 04-009 of the Planning Commission's Determination Approving Conditional
Use Permit 04-005 for a pool hall, restaurant, nightclub located at 1429-1431 Third
Street Promenade.
On November 23, 2004, the City Council upheld the Planning Commission's approval of
Conditional Use Permit (CUP) 04-005, but modified Alcohol Outlet Condition 12, to
allow up to 602 persons in the nightclub/restaurant. The City Council's decision was
based upon the findings contained in the attached Statement of Official Action.
BUDGET/FINANCIAL IMPACT
The recommendation presented in this report does not have any budget or fiscal impact.
RECOMMENDATION
It is recommended that the City Council approve the attached Statement of Official
Action.
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fEB 8 2005
Prepared by: Suzanne Frick, Director
Amanda Schachter, Planning Manager
Jonathan Lait, AICP, Acting Principal Planner
Bruce Leach, Associate Planner
Planning and Community Development Department
Attachment: Statement of Official Action
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CITY OF SANTA MONICA
CITY COUNCIL
City of
Santa Monica"
STATEMENT OF OFFICIAL
ACTION
PROJECT
CASE NUMBER: APPEAL 04-009 [CUP 04-005]
LOCATION: 1429-1431 Third Street Promenade
APPLICANT: Renee & Albert Mizrahi
APPELLANT: Renee & Albert Mizrahi
PROPERTY
OWNER: Albert Mizrahi
CASE PLANNER: Bruce Leach, Associate Planner
REQUEST: Appeal of the Planning Commission's Determination
Approving Conditional Use Permit 04-005, Including
Alcohol Outlet Condition 12, Limiting Occupancy of the
Second Floor Nightclub and Restaurant.
CEQA STATUS: The proposed project is categorically exempt from the
provisions of the California Environmental Quality Act
(CEQA) pursuant to Section 1 of the State Implementation
Guidelines in that the project involves a minor 195 square
foot increase of floor area and a change in operation of an
existing pool hall/nightclub/restaurant.
CITY COUNCIL ACTION
November 23,2004 Date.
Approved based on the following findings and subject to the
conditions below.
X Appeal Denied, Conditional Use Permit 04-005 approved based on
the following findings and subject to the revised conditions below.
Other.
EFFECTIVE DATE OF ACTION: November 23,2004
EXPIRATION DATE OF ANY PERMIT GRANTED: November 23, 2005
LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATES: Six Months
Each and all of the findings and determi nations are based on the competent and
substantial evidence, both oral and written, contained in the entire record relating to the
Project. All summaries of information contained herein or in the findings are based on
the substantial evidence in the record. The absence of any particular fact from any
such summary is not an indication that a particular finding is not based in part on that
fact.
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 a nightclub use is
conditionally permitted in the BSC-1 District of the Zoning Ordinance and in the
Bayside District Specific Plan.
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 BSC-1 District permits
nightclubs, and dancing and music will be ancillary to the food service function of
the establishment. Furthermore, the general policies of the Bayside District
Specific Plan include extension of the active period of the Third Street
Promenade into nighttime hours, stimulation of improved economic activity on the
Promenade and generation of new job and business opportunities for community
residents.
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3. The subject parcel is physically suitable for the type of land use being proposed,
in that the parcel is a standard lot with no unusual characteristics and is a
developed site.
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 present land use
is commercial and the proposed use is a nightclub with dancing and live music
and is an expansion of the existing alcohol license in conjunction with the
restaurant/bar/billiards establishment.
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 permits a nightclub and that
Bayside District Specific Plan Policy 4.1.6 encourages the development of
entertainment and restaurant uses above the first floor.
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 adequately
served by existing infrastructure.
7. Public access to the proposed use will be adequate, in that the subject property
is within the Downtown Parking Assessment District and therefore, parking' will
be provided in nearby City parking structures.
8. The physical location or placement of the use on the site is compatible with and
relates harmoniously to the surrounding neighborhood, in that the proposed
nightclub will be properly soundproofed and conditions prohibiting customers
from gathering outside the establishment will minimize potential impacts.
9. The proposed use is consistent with the goals, objectives, and policies of the
General Plan, in that Land Use Element Policy 1.3.1 of the General Plan
encourages the construction of major entertainment uses in Downtown; and
Land Use Element Policy 1.4.1 of the General Plan encourages restaurant and
other uses complimentary to retail along the Third Street Promenade as key
toward revitalization.
10. The proposed use would not be detrimental to the public interest, health, safety,
convenience, or general welfare, in that the proposed use is consistent with the
Zoning Ordinance, the Bayside District Specific Plan and the Land Use Element
of the General Plan which encourages activities in the evening hours to reinforce
downtown as the focus of the City.
11. The proposed use conforms precisely to the applicable performance standards
contained in Subchapter 9.04.12 of the City of Santa Monica Comprehensive
Land Use and Zoning Ordinance, in that no performance standard permit is
required.
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12. The proposed use will not result in an overconcentration of such uses in the
immediate vicinity, in that the proposed alcohol license will be for a nightclub use
with the addition of dancing and live music to an existing restaurant and in that
the area is in the commercial core of Santa Monica, which is frequented by large
numbers of local residents as well as office workers, shoppers, and visitors from
outside the City. Furthermore, this type of outlet has not contributed significantly
to alcohol related problems in the 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
alcohol license will be for a nightclub use with dancing and live music where
there is an existing restaurant/bar/bill iards hall.
2. The proposed use will not adversely affect the welfare of neighborhood residents
in a significant manner in that the use will be located in a commercial area, away
from any major residential uses and that the conditions of approval require that
no outside promoter be permitted to rent or lease the space and the public will
not be permitted to gather outside the establishment to wait for entry into the
nightclub.
3. The proposed use will not contribute to an undue concentration of alcohol outlets
in the area in that the area is in the downtown core of Santa Monica which is
frequented by large numbers of local residents as well as office workers,
shoppers, and visitors from outside the area.
4. The proposed use will not detrimentally affect nearby neighborhoods considering
the distance of the alcohol outlet to residential buildings,. churches, schools,
hospitals, playgrounds, parks, and other existing alcohol outlets in that the
conditions for approval, such as the requirement that no outside promoters rent
or lease the club and that no lines are permitted to form outside the nightclub, will
minimize the potential affect on the residential uses in the vicinity.
5. The proposed use is compatible with existing and potential uses within the
general area in that a nightclub use in the existing restaurant/bar/billiards
establishment located in the City's commercial core is compatible with permitted
uses and other existing dining and bar uses in the area.
6. Traffic and parking congestion will not result from the proposed use in that
parking for the use is available in nearby City parking structures as part of the
downtown parking Assessment District.
7. The public health, safety, and general welfare are protected in that the project is
consistent with the provisions of the Zoning Ordinance, the Third Street Mall
Specific Plan and the Land Use Element of the General Plan, which encourage
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entertainment and restaurant uses to serve as a focal point in the downtown and
expansion of the establishment's nightclub element will be incidental to the
existing restaurant, bar and billiard uses.
8. No harm to adjacent properties will result in that the conditions of approval will
ensure that the establishment operates in a manner which properties adjacent
neighbors.
9. The proposed use is consistent with the objectives of the General Plan in that the
Land Use Element of the General Plan designates the Downtown area as a focus
of activity in the City, both day and night.
CONDITIONS
1. This approval is for those plans dated 7/7/04 except: (a) Sheets A2.2, A2.3, A2.4,
A2.5, A2.6 and A2.7 shall be removed since only the floor plan detailed in Sheet
A2.1, with modifications showing a 15 foot by 22 foot dance floor and no seating
in the Main Hall (area between the Main Bar and kitchen) is approved; and (b)
the plans shall be modified to demonstrate compliance with Condition #5 and
indicate that the proposed fagade remodel would require separate encroachment
permits and Architectural Review Board approval. A copy of these approved
plans shall be maintained in the files of the City Planning Division. Project
development and use shall be consistent with such plans, except as otherwise
specified in these conditions of approval.
2. The conditions of this approval shall supersede all previous approvals on this
property including CUP 90-015, CUP 92-014, CUP 94-022, and CUP 96-026.
3. The Plans shall comply with all other provisions of Chapter 1, Article IX of the
Municipal Code, (Zoning Ordinance) and all other pertinent ordinances and
General Plan policies of the City of Santa Monica.
4. 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. Any changes in project plans must be approved by the Director of
Planning and Community Development.
5. Elevator access from the rear to the front of the establishment on the second
floor shall be through a public room of the establishment.
6. When any portion of the establishment is open to the public, the back room shall
not be used for private parties in order to ensure that the elevator located at the
rear shall open into a public area. Only in the event that the establishment is
used exclusively for a private party may the elevator open to the back room used
for a private party.
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7. The sign posted at the front entrance on the Third Street Promenade and at the
alley which indicates that handicapped access and the elevator is accessible
from the rear alley entrance shall be replaced with a sign at least 7" by 8" and
display the accessibility logo. Such signage shall be subject to the approval of
the Director of Planning and Community Development.
8. The maximum noise level limit within the nightclub shall not exceed 95 dBA. The
City shall have the right to test noise levels at any time at any location in the
nightclub and such levels are not to exceed 95 dBA Equivalent Noise Level
(LEQ) during a 15 minute period.
9. All windows of the nightclub shall remain closed during operating hours of the
establishment so as not to have adverse impacts on the neighboring residence or
general public.
10. Access to the ground floor corridor leading to the elevator shall have clear
ingress and egress and shall not be encumbered by storage or other elements at
any time.
11. The rear entrance shall be operated and maintained as a main entrance with
amenities similar to the Promenade fronting entrance. The walls of the alley
fayade shall be painted and maintained. If the exterior design of the promenade
front fac;ade is modified the exterior design of the rear entrance shall be revised
so that the visual appearance of this entrance is similar to the front entrance.
Redesign of the rear entrance shall be subject to approval by the Architectural
Review Board at the same time changes to the front fac;ade are considered by
the Architectural Review Board.
Architectural Review Board
12. Plans for any fac;ade alterations, and signage shall be subject to review and
approval by the Architectural Review Board.
13. The Architectural Review Board, in its review, shall pay particular attention to the
project's pedestrian orientation and amenities; scale and articulation of design
elements; exterior colors, textures and materials; window treatment; glazing; and
landscaping.
Environmental Mitigation
14. Ultra-low flow plumbing fixtures are required on all new development and
remodeling where plumbing is to be added. (Maximum 1.6 gallon toilets and 1.0
gallon urinals and low flow shower head.)
15. To mitigate solid waste impacts, prior to issuance of a Certificate of Occupancy,
project owner shall submit a recycling plan to the Department of Environmental
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and Public Works Management for its approval. The recycling plan shall include
1) list of materials such as white paper, computer paper, metal cans, and glass to
be recycled; 2) location of recycling bins; 3) designated recycling coordinator; 4)
nature and extent of internal and external pick-up service; 5) pick-up schedule; 6)
plan to inform tenants/occupants of service.
Miscellaneous Conditions
16. The building address shall be painted and maintained on the roof of the building
and shall measure four feet by eight feet (32 square feet).
17. 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.
18. New mechanical equipment shall not be located on the side of any building which
is adjacent to a residential building on the adjoining lot. Roof locations may be
used when the mechanical equipment is installed within a soundrated parapet
enclosure.
19. Final approval of any new mechanical equipment installation will require a noise
test in compliance with SMMC Section 4.12.040. Equipment for the test shall be
provided by the owner or contractor and the test shall be conducted by the owner
or contractor. A copy of the noise test results on mechanical equipment shall be
submitted to the Community Noise Officer for review to ensure that noise levels
do not exceed maximum allowable levels for the applicable noise zone.
Validity of Permits
20. GUP04-005 shall not be valid and the applicant shall not commence operation
under this permit until the applicant submits satisfactory evidence to the City that
the applicant's California Department of Alcoholic Beverage Control (ABC)
License and ABC Conditions have been modified to be consistent with or more
restrictive than the provisions of CUP04-005.
21. 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.
22. If the Director of Planning and Community Development determines that any of
the conditions of this approval have been violated, this Conditional Use Permit
shall be remanded to the Planning Commission for review.
23. Within ten days of City Planning Division transmittal of the approved Statement of
Official Action, project applicant shall sign and return a copy of the Statement of
Official Action prepared by the City Planning Division, agreeing to the Conditions
of approval and acknowledging that failure to comply with such conditions shall
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constitute grounds for potential revocation of the permit approval. By signing
same, applicant shall not thereby waive any legal rights applicant may possess
regarding said conditions. The signed Statement shall be returned to the City
Planning Division. Failure to comply with this condition may constitute grounds
for potential permit revocation.
24. This determination shall not become effective for a period of fourteen days from
the date of determination or, if appealed, until a final determination is made on
the appeal. Any appeal must be made in the form required by the Zoning
Administrator. The approval of this permit shall expire one year from the permit's
effective date, unless, the use authorized by this permit has commenced
operation prior to the permit expiration date. One six month extension of the one
year period may be permitted if approved by the Director of Planning and
Community Development. Applicant is on notice that time extensions may not be
granted if development standards relevant to the project have become more
restrictive since project approval.
ALCOHOL OUTLET CONDITIONS
1. The Santa Monica Police Department shall not be restricted in access to any
private party areas or to the upper level room containing billiard tables.
2. No person under 21 years of age shall be allowed in the establishment after
10:00 p.m., unless that person is attending a private party, such as wedding
reception, birthday celebration, or similar event approved by the Police
Department. A signs shall be posted to this effect.
3. Security personnel shall be provided from 8:00 p.m. to the closing hour.
4. The owner shall provide for designated types of beverage dispensers, which will
clearly distinguish alcoholic beverages from non-alcoholic beverages.
5. Glass containers shall not be permitted on the dance floors.
6. Signs shall be posted in conspicuous locations advising patrons that alcoholic
beverages shall not be sold unless proper identification is displayed.
7. The use of the premises for sit-down meal service to patrons shall be maintained
as a major component of the project.
8. Customers shall be permitted to order meals at the bar at all times the premises
is open for business.
9. The premises shall serve food to patrons during all hours the establishment is
open for customers.
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10. The premises shall maintain a kitchen or food-serving area in which a variety of
food is prepared and cooked on the premises.
11. No expansion in number of seats, occupancy, intensity of operation, or outdoor
areas shall occur without prior approval from the Planning Commission, or City
Council on appeal and State ABC.
12. Seating arrangements for sit-down patrons shall not exceed: 164 seats in the
Main Hall; 30 seats in the Bar; 49 seats in the Dining Area; 28 seats in the Martini
Lounge; 34 seats in the Mezzanine; 145 seats in the North Hall; and 14 seats in
the sidewalk dining area, for a total of 464 seats for the entire premises. Total
building occupancy shall not exceed 500 persons. Subject to constructing
emergency egress improvements pursuant to pertinent City building and safety
regulations and capacity limitations, the total CUP occupancy may be increased
up to 602 persons by submitting an amended Certificate of Occupancy to the
Director of Planning and Community Development. The Main Hall dance floor
shall not exceed 15' by 22' and the North Hall dance floor shall not exceed 15' by
32',
13. The owner/operator may rearrange furniture in the Main Hall provided: (a) the
maximum seating capacity, for all portions of the facility does not exceed 464
seats, (b) the total capacity for the entire premises, including employees does not
exceed 500 persons, except as specified in Alcohol Outlet Condition 12, and (c)
the furniture does not block or restrict emergency egress.
14. Permitted hours of operation shall be from 8 am to 2 am, seven days a week. No
"after hours" operations shall be permitted. Alcoholic beverages may be served
in the establishment only between the hours of 8:00 am and 1 :45 a.m., seven
days a week. The owner/operator shall make sure all patrons have vacated the
premises, in a quiet and expeditious manner, no later than twenty minutes after
the establishment has closed (2:20 a.m.).
15. The sidewalk dining area may operate from 8:00 a.m. to 11 :00 p.m., but no later
than the closing of the associated sit-down food service of the principal
restaurant use. Patrons shall not be seated after 10:45 p.m. Patrons are
allowed to remain in the sidewalk dining area until midnight to finish their meal.
Alcoholic beverages may be served only between the hours of 8:00 am and
11 :30 p.m. with sit-down meal service. No alcohol shall be served after 11 :30
p.m. and complete closure of the sidewalk dining area shall occur no later than
midnight.
16. Dancing or live entertainment shall be permitted on the premises in the North
Hall, and Main Hall as shown on the project plans only. Dancing is limited to the
dance floor areas. No chairs or tables may be moved to accommodate larger
dance areas.
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17. The owner shall control noisy patrons leaving the restaurant.
18. Take out service shall be only incidental to the primary sit-down use.
19. No alcoholic beverage shall be sold for consumption beyond the premises.
20. An updated security plan shall besu bmitted to the Chief of Police for review and
approval. The plan shall address both physical and operational security issues.
The approved plan shall be implemented prior to commencement of operations
under this permit.
21. The operator shall submit an updated plan for approval by the Director of
Planning and Community Development regarding employee alcohol awareness
training programs and policies. The plan shall outline a mandatory alcohol
awareness training program for all employees having contact with the public and
shall state management's policies addressing alcohol consumption and
inebriation. The operator shall provide the City with an annual report regarding
compliance with this condition. This project shall be subject to any future City-
wide alcohol awareness training program condition affecting similar
establishments.
22. The operator shall submit an updated plan describing the establishment's
designated driver program, which shall be offered by the operator to the
establishment's patrons. The plan shall specify how the operator will inform
patrons of the program, such as offering on the menu a free non-alcoholic drink
for every party of two or more ordering alcoholic beverages.
23. Minor amendments to the plans shall be subject to approval by the Director of
Planning and Community Development. An increase in occupancy or change in
the 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 and Community Development. No expansion in number of seats,
intensity of operation, or outdoor areas shall occur without prior approval from the
City of Santa Monica Planning Commission, or City Council if appealed and State
ABC.
24. Except for special events, alcohol shall not be served in any disposable container
such as disposable plastic or paper cups.
25. No more than three video or other amusement games shall be permitted on the
premises.
26. A cover charge may be charged for entrance to Gotham Hall after 8:00 p.m.,
except no cover may be charged for patrons to receive service in the sidewalk
dining area or the front restaurant dining area.
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27. The project shall at all times comply with the provisions of the Noise Ordinance
(SMMC Chapter 4.12).
28. Within thirty (30) days from date of the approval of the Statement of Official
Action, the applicant shall provide a copy of the approved Statement of Official
Action for this project to the local office of the California Department of Alcoholic
Beverage Control (ABC).
29. This permit shall expire one year from the effective date of approval unless
required ABC permits are obtained. One six month extension of the one year
period may be permitted if approved by the Director of Planning and Community
Development. An extension may not be granted if development standards
relevant to the project have changed since project approval.
30. Applicant is on notice th~t all temporary signage is subject to the restrictions of
the City's Sign Ordinance.
31. The second floor facilities at 1429 and 1431 Third Street Promenade, the North
and South Halls, which are the subject of this approval, are considered as one
premises for purposes of this approval. Access between these spaces shall be
maintained; no permanent separation between the spaces shall be permitted
unless otherwise approved by the Planning Commission.
32. No outside promoter shall be permitted to rent or lease the premises. No event
held at the establishment shall be advertised under another name. All private
parties shall be operated through the owner with the owner directly responsible
for all aspects of the event. This restriction does not preclude the owner from in-
house business promotions, such as 70's night, rock and roll night at Gotham,
etc., provided prior ARB approval is obtained for any signs or promotional items
visible from the building's exterior.
33. No lines shall be permitted to form outside the building either on the alley side or
the Third Street Promenade side of the building for patrons waiting to enter the
establishment with the exception of any line formed to allow nightclub personnel
to check patron identification. Any such line shall not extend beyond the
sidewalk dining area. If the nightclub is at maximum capacity, patrons shall be
turned away until entry is possible; otherwise, all patrons for the nightclub shall
be permitted to enter the building. The applicant shall provide a waiting list or
other appropriate system to control patrons who are waiting to enter the
establishment when the nightclub is at maximum capacity.
34. Except for the Mezzanine, the use of portable bars shall not be permitted.
35. The applicant shall submit detailed plans for the design materials and colors of
the sidewalk dining enclosure to the Architectural Review Board for approval.
The applicant shall also obtain and maintain the requisite Third Street
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Promenade Outdoor Dining permits from the Environment Public Works
Management Department.
36. The use of the sidewalk dining area shall be for sit-down meal service. No one
shall be served or allowed to consume food or beverage unless they are seated.
No alcoholic beverages shall be served except with meal service. Signage
stating: "Food Purchase is required in the outdoor dining area. No alcoholic
beverages shall be served in the outdoor dining area accept as part of meal
service," shall be posted in the outdoor dining area and/or printed on the menu.
Sidewalk dining may operate the same hours authorized for Gotham Hall so long
as sit-down full meal service is always available, but no later than the closing of
the associated sit-down food service of the principal restaurant use. No alcohol
shall be served after 11 :30 p.m. and all alcoholic beverages shall be removed
from the outdoor dining area no later than midnight. The design and placement of
tables and chairs shall not encroach or restrict emergency egress from the
building.
37. The owner/operator shall comply with all regulations that govern the
establishment and operation of sidewalk dining as set forth in the Third Street
Promenade Outdoor Dining Standards.
38. The owner/operator shall submit an annual report to the Transportation Planning
Manager detailing their efforts to educate patrons on alternative modes of
transportation and the location of parking facilities and efforts to secure prepaid
parking validation for City parking structures to mitigate potential noise from
patrons leaving the establishment and parking structures and to improve traffic
circulation. The first report shall be submitted six months after the effective date
of this CUP.
39. The Fire Department and Building and Safety Division shall inspect the building
and review building records and building egress for conformance with safety
standards pertaining to the proposed change in use/occupancy.
VOTE
Ayes:
Nays:
Abstain:
Absent:
Feinstein, Genser, Holbrook, Katz, McKeown, O'Connor, and Bloom
NOTICE
If this is a final decision not subject to further appeal under the City of Santa Monica
Comprehensive and Zoning Ordinance, the time within which judicial review of this
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decision must be sought is governed by Code of Civil Procedures Section 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
determination of the City Council of the City of Santa Monica.
""\~. · 2\ '~&fv''''....T
MARIA M . STEWART, ity Clerk
J=;. ~.. _U?>- '1L Loo~
Date
Acknowledqement bv Permit Holder
I agree to the above conditions of approval and acknowledge that failure to comply with
any and all conditions shall constitute grounds for potential revocation of the permit
approval.
Signature
Print Name Here
Date
Print name here
Drivers License Number
F:\pcd\CityPlanning\Share\CounciI\STOAS\04\04app 009 Gotham.doc
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