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SR-402-001 (6) ATTACHMENT B Planning Commission Statement of Official Action, Dated March 21, 2001 1 PLANNING COMMISSION STATEMENT OF OFFICIAL ACTION PROJECT CASE NUMBER: Conditional Use Permit 00-015 LOCATION: 1251 Third Street Promenade APPLICANT: Adolpho Suaya/Gaucho Grill CASE PLANNER: Tony Kim, Assistant Planner REQUEST: Application to amend the conditions of approval of Conditional Use Permit 99-007 that 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. The proposal includes the sale and dispensing of alcoholic beverages in conjunction with the service of food within the new outdoor dining area. The total amount of seating proposed is 116 dining seats, 8 counter dining seats, and 11 outdoor dining seats for a total of 135 seats. CEQA STATUS: The project is categorically exempt from the provisions of CEQA pursuant to Class 1 of the State Implementation Guidelines in that the approval of amendments to the existing CUP and the addition of a 96 square foot outdoor dining area with 11 seats with Type 47 alcohol service is an operational change involving negligible expansion of use . 2 PLANNING COMMISSION ACTION March 21, 2001 Date. Approval based on the following findings and subject to the conditions below. X Denied CUP 00-015. Other. EFFECTIVE DATES OF ACTION IF NOT APPEALED: April 5, 2001 Conditional Use Permit 00-015 FINDING: 1. The proposed use is in violation of Condition #8 of the Conditions of Approval for existing Conditional Use Permit 99-007 which states that 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 floor plan approved pursuant to CUP 99- 007 consisting of 91 seats was not built and a floor plan consisting of 124 seats was built instead. VOTE: Ayes: Brown, Clarke, Dad, Johnson, Loui, Moyle, Olsen Nays: None Abstain: None Absent: None NOTICE If this is a final decision not subject to further appeal under the City of Santa Monica Comprehensive Land Use and Zoning Ordinance, the time within which judicial review of this decision must be sought is governed by Code of Civil Procedure 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 3 determination of the Planning Commission of the City of Santa Monica. Kelly Olsen, Chairperson Date F:\PLAN\SHARE\PC\STOAS\00CUP015.doc 4