SR-072506-1F
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City Council Report
City Council Meeting: July 25,2006
Agenda Item: )- F=
To:
Mayor and City Council
From:
Andy Agle, Planning & Community Development
Subject:
Certification of the Statement of Official Action for Appeal 05-015 of the
Planning Commission's approval of Conditional Use Permit 05-011 and
Variance 05-018 for Juliano's Raw Restaurant at 609 Broadway.
Recommended Action
It is recommended that the City Council approve the attached Statement of Official
Action for Appeal 05-015 of the Planning Commission's approval of Conditional Use
Permit 05-011 and Variance 05-018 for Juliano's Raw Restaurant at 609 Broadway.
Executive Summary/Discussion
This staff report transmits for City Council certification the Statement of Official Action
for Appeal 05-015. After holding a public hearing on June 27, 2006, the City Council
denied the appeal and upheld the Planning Commission's decision. In the motion to
deny the appeal and uphold the Commission's approvals, the Council added a condition
requiring the applicant to provide 2 additional parking spaces within a 1,000 foot radius
of the subject site or provide valet parking for patrons during all hours of operation of the
restaurant.
The City Council's decision was based upon the findings and conditions of approval
contained in the attached Statement of Official Action.
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BudQetlFinanciallmpact
The recommendation presented in this report does not have any budget or fiscal impact.
Prepared by: Paul Foley, Principal Planner
Approved:
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CITY COUNCIL
CITY OF SANTA MONICA
City of
Santa Monica~'
STATEMENT OF OFFICIAL ACTION
PROJECT
CASE NUMBER:
Appeal 05-015
LOCATION:
609 Broadway
APPLICANT:
Juliano Broman
APPELLANTS:
Arthrur Harris and Ellen Brennan
PROPERTY OWNER: 5MB Broadway Group
CASE PLANNER:
Paul Foley, Principal Planner
REQUEST:
Appeal 05-015 of the Planning Commission's approval of
Conditional Use Permit 05-011 to allow the issuance of a
Type-41 (On-Sale Beer and Wine for Bona Fide Public
Eating Place) alcohol license to an existing food serving
establishment and Variance 05-018 to modify the off-
street parking requirements to allow the existing food
service establishment to operate as a restaurant.
CEQA STATUS:
The project is categorically exempt from the provisions of
CEQA, pursuant to Section 15301 Class (1) of the State
Guidelines in that permitting the sale and consumption of
beer and wine at an existing food serving establishment
and the approval of a modification to the off-street parking
requirements associated with the proposed project will
involve no expansion of the eXisting use.
CITY COUNCIL ACTION
June 27.2006 Date.
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x
Approved based on the following findings and subject to the
conditions below:
Denied based on the following findings:
Other.
EFFECTIVE DATE OF ACTION: June 27,2006
EXPIRATION DATE OF ANY PERMIT GRANTED: June 27,2007
LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATES:
Any request for an extension of the expiration date must be received in the City
Planning Division prior to expiration of this permit.
One six (6) month extension may be permitted.
Each and all of the findings and determinations 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
CONDITIONAL USE PERMIT 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 an alcohol license in
conjunction with a food serving establishment is conditionally permitted in the C3
district of the Zoning Ordinance.
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 C3 district permits food uses,
and the proposed service of beer and wine will be ancillary to the food service
function of the establishment. In addition, Type-41 alcohol outlets do not
contribute significantly to alcohol related problems in the area.
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.
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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 issuance of an
alcohol license to offer beer and wine as a beverage of choice to patrons is
compatible with the allowed food-serving use.
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 service of beer and wine in conjunction with a food-serving
establishment is not known to produce adverse alcohol-related impacts within the
surrounding area. In addition, the Police Department and Community and cultural
Services Department have reviewed th e proposed use and have not indicated
any concerns with the addition of beer and wine service to dining patrons.
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 proposed project
is located at the street corner of two intersecting Downtown streets with ample
pedestrian access and is nearby the Transit Mall where the concentration of
transit services is concentrated.
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
alcohol license will be for an allowed food-serving establishment which is
consistent with the C3 district zoning. In addition, Type-41 alcohol outlets do not
contribute significantly to alcohol related problems in the area.
9. The proposed use is consistent with the goals, objectives, and policies of the
General Plan, in that the Land Use Element of the General Plan permits
restaurant uses in commercial areas.
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 and the Land Use Element of the General Plan.
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 standards permit is
required.
12. The proposed use will not result in an over-concentration of such uses in the
immediate vicinity, as there already is an over-concentration of alcohol licenses
as defined by the Department of Alcohol Beverage Control (ABC). However,
approval of this application would satisfy ABC's requirement that the over-
concentration determination can be overridden if the application provides for the
public convenience. The proposed alcohol license will be for a food-serving
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establishment located in the Downtown commercial area 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, Type-41 alcohol
outlets do not contributed significantly to alcohol related problems in the area.
ALCOHOL OUTLET FINDINGS
1. The proposed use will not adversely affect the welfare of neighborhood residents
in a significant manner in that that the conditions for approval, such as. the
requirement that the establishment operate with no separate bar area or
entertainment, will minimize the potential affect on the residential uses in the
vicinity. In addition, the Police Department and Community and Cultural Services
Department have reviewed the proposed use and have not indicated any
concerns with the addition of beer and wine service to dining patrons.
2. The proposed use will not contribute to an undue concentration of alcohol outlets
in the area in that a restaurant with no separate bar area or entertainment or
other similar use is not typically considered to contribute to objectionable
problems associated with alcohol outlets, and in that the area is in the downtown
portion of Santa Monica which is frequented by large numbers of local residents
as well as office workers, shoppers, and visitors from outside the area.
Furthermore, this type of outlet has not contributed significantly to alcohol related
problems in the area and the Police Department and Community and Cultural
Services Department have reviewed the proposed use and have not indicated
any concerns with the addition of beer and wine service to dining patrons.
3. 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 the establishment operate
with no separate bar area or entertainment, will minimize the potential affect on
the residential uses in the vicinity. In addition, the Police Department and
Community and Cultural Services Department have reviewed the proposed use
and have not indicated any concerns with the addition of beer and wine service
to dining patrons.
4. The proposed use is compatible with existing and potential uses within the
general area in that the addition of beer and wine as a beverage of choice within
an existing food serving establishment is not known to contribute to alcohol-
related problems.
5. Traffic and parking congestion will not result from the proposed use in that the
proposed project consists of the addition of beer and wine as a beverage of
choice within an existing food serving establishment.
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6. The public health, safety, and general welfare are protected in that the project is
consistent with the provisions of the Zoning Ordinance and the Land Use
Element of the General Plan.
7. No harm to adjacent properties will result in that the addition of beer and wine as
a beverage of choice within an existing food serving establishment is not known
to contribute to alcohol-related problems. In addition, the conditions of approval
will ensure that the establishment operates as a food-serving establishment with
no separate bar area or entertainment.
8. The proposed use is consistent with the objectives of the General Plan in that
Land Use Element Policies 1.3.1 and 1.3.2 encourage land uses in the
Downtown that provide activities during the daytime and evening hours which
extend beyond normal work hours. Juliano's Raw is located in the Downtown
area of the City which is characterized by its pedestrian oriented environment, its
concentration of visitors, nearby employers and employees and the increasing
number of residential units in the vicinity. The proposed outdoor dining areas
enhance the pedestrian environment of the area.
VARIANCE FINDINGS
1. There are special circumstances or exceptional characteristics applicable to the
property involved, including size, shape, topography, location, or surroundings, or
to the intended use or development of the property that do not apply to other
properties in the vicinity under an identical zoning classification. Specifically, the
applicant is proposing to convert an existing food service establishment with
incidental food service only to a full service restaurant which would require
additional off-street parking spaces. The site is fully developed and cannot
accommodate additional parking spaces.
2. The granting of such variance will not be detrimental nor injurious to the property
or improvements in the general vicinity and district in which the property is
located in that many of the patrons of Juliano's Raw live in close proximity to the
restaurant and there is also a high concentration of visitors, employers and
employees in the Downtown who can easily walk to the restaurant. In addition,
the applicant surveyed patrons over a three week time period to gauge their
means of access to the restaurant. The survey results indicate that only 38% of
patrons utilize private vehicles to get to the establishment with the remainder
walking, biking, rollerblading or using other non-vehicular means to get to the
restaurant.
3. The strict application of the provisions of this Chapter would result in practical
difficulties or unnecessary hardships, not including economic difficulties or
economic hardships in that the existing food serving establishment could not
offer full restaurant services to patrons as the restaurant operation would require
additional off-street parking spaces that cannot be provided on-site.
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4. The granting of a variance will not be contrary to or in conflict with the general
purposes and intent of this Chapter, nor to the goals, objectives, and policies of
the General Plan. Specifically, the proposed restaurant is consistent with Land
Use Element Policies 1.3.1 and 1.3.2 which encourage land uses in the
Downtown that provide activities during the daytime and evening hours which
extend beyond normal work hours.
5. The variance would not impair the integ rity and character of the district in which it
is to be located in that the C3 district is in the Downtown area of the City which is
intended to encourage human scale and pedestrian oriented development that
mixes residential development with neighborhood commercial uses. Many of the
patrons of Juliano's Raw live in close proximity to the restaurant and there is also
a high concentration of visitors, employers and employees in the Downtown who
can easily walk to the restaurant. In fact, the applicant surveyed patrons over a
three week time period to gauge their means of access to the restaurant. The
survey results indicate that only 38% of patrons utilize private vehicles to get to
the establishment with the remainder walking, biking, rollerblading or using other
non-vehicular means to get to the restaurant. Moreover, empirical evidence
suggests that the off-street parking s paces provided for commercial uses in
mixed-use buildings in the Downtown are often underutilized because the spaces
are accessed from the alley and are difficult to locate. Finally, the subject site is
in close proximity to the City's Downtown parking structures (including the Main
Library subterranean garage) and Transit Mall where the concentration of
Downtown transit services are located.
6. The subject site is physically suitable for the proposed variance in that the
property is fully developed and no alterations to the building are proposed.
7. There are adequate provisions for water, sanitation, and public utilities and
services to ensure that the proposed variance would not be detrimental to public
health and safety in that the subject property is located within a developed
urbanized environment that is adequately served by existing infrastructure, public
utilities and services. It is not anticipated that approval of the subject application
will create a need for additional utilities or services.
8. There will be adequate provisions for public access to serve the subject variance
proposal in that pedestrian access is available from Sixth Street and Broadway
and the subject site is nearby the Transit Mall where the concentration of transit
services are located in the Downtown.
9. For the reduction of the automobile parking space requirements, the reduction is
based and conditioned upon an approved parking reduction plan that
incorporates transportation control measures that have been demonstrated to be
effective in reducing parking needs and that are monitored, periodically reviewed
for continued effectiveness, and enforced by the City as contained in Section
9.04.10.08.050 of this Chapter. Variance condition #1 requires that the operator
of the restaurant implement a vehicle trip reduction program that requires that no
more than 75% of employees come to work in single occupant vehicles.
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Variance condition # 2 requires that the dining areas not exceed a total of 878
square feet in order to reduce parking demand by patrons.
10. The strict application of the provisions of this Chapter would result in
unreasonable deprivation of the use or enjoyment of the property in that due to
existing parcel constraints, the location of existing improvements, and/or the
placement of adjacent uses, practical use or enjoyment of the subject parcel
would not be possible.
CONDITIONS:
1. This approval is for plans dated July 1, 2005, a copy of which shall be maintained
in the files of the City Planning Division. Project development shall be consistent
with such plans, except as otherwise specified in these conditions of approval.
2. 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.
3. Final parking lot layout and specifications shall be subject to the review and
approval of the Parking and Traffic Engineer.
Architectural Review Board
4. Plans for final design, landscaping, screening, trash enclosures. and signage
shall be subject to review and approval by the Architectural Review Board.
5. Refuse areas, storage areas and mechanical equipment shall screened in
accordance with SMMC Section 9.04.10.02.130-90.04.10.02.150. Refuse areas
shall be of a size adequate to meet on-site need, including recycling. The
Architectural Review Board in its review shall pay particular attention to the
screening of such areas and equipment. Any rooftop mechanical equipment
shall be minimized in height and area, and shall be located in such a way as to
minimize noise and visual impacts to surrounding properties. Unless otherwise
approved by the Architectural Review Board, rooftop mechanical equipment shall
be located at least five feet from the edge of the roof.
6. A sign shall be posted on the property in a manner consistent with the public
hearing sign requirements which shall identify the address and phone number of
the owner and/or applicant for the purposes of responding to questions and
, complaints during the construction period. Said sign shall also indicate the hours
of permissible construction work.
7. A copy of these conditions shall be posted in an easily visible and accessible
location at all times during construction at the project site. The pages shall be
laminated or otherwise protected to ensure durability of the copy.
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Miscellaneous Conditions
8. The building address shall be painted on the roof of the building and shall
measure four feet by eight feet (32 square feet).
Validity of Permits
9. 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.
10. 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
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.
11. 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 if the rights granted are
not exercised within one year from the permit's effective date. Exercise of rights
shall mean actual commencement of the use granted by the permit. One six
month extension may be permitted if approved by the Director of Planning.
Applicant is on notice that time extens ions may not be granted if development
standards or the development process relevant to the project have changed
since project approval. Additionally, the rights associated with this approval
shall expire if the establishment ceases operation for a period of one year or
longer.
11. Within thirty (30) days after final approval of the project, a sign shall be posted on
site stating the date and nature of the approval. The sign shall be posted in
accordance with the Zoning Administrator guidelines and shall remain in place
until a building permit is issued for the project. The sign shall be removed
promptly when a building permit is issued for the project or upon expiration of the
Conditional Use Permit.
12. 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.
13. No exterior activities such as deliveries, trash disposal or other maintenance
activity generating noise audible from the exterior of the building shall be
conducted between 12:00 AM and 7:00 am, Monday through Friday, and
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between 12:00 AM and 9:00 AM, Saturday and Sunday. Trash containers shall
be secured with locks. All deliveries sh all take place at the rear of the building,
which is accessed from 6th Court alley. No after hours operation shall be
permitted.
14. Pursuant to Municipal Code Section 9.04.10.02.420, a sign shall be posted
stating that the establishment is limited to 27 indoor and 34 outdoor seats. The
sign shall be a minimum of twelve inches by eighteen inches, and shall be posted
by the restaurant entrance or other such location as required by the Zoning
Administrator.
15. 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 sound rated parapet
enclosure.
16. Final approval of any 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.
17. Final building plans submitted for approval of a building permit shall include on
the plans a list of all permanent mechanical equipment to be placed outdoors and
all permanent mechanical equipment to be placed indoors which may be heard
outdoors.
18. Applicant is advised that projects in the California Coastal Zone may need
approval of the California Coastal Commission prior to issuance of any building
permits by the City of Santa Monica. Applicant is responsible for obtaining any
such permits.
ALCOHOL OUTLET CONDITIONS
1. The owner shall prohibit loitering in the areas adjacent to the restaurant and shall
control noisy patrons leaving the restaurant.
2. Window or other signage visible from the public right-of-way that advertises beer
or alcohol shall not be permitted.
3. The primary use of the premises shall be for sit-down meal service to patrons.
Alcohol shall not be served to persons except those intending to purchase meals.
4. In order to maintain the primary use of the premises for sit-down meal service, no
separate bar area is permitted.
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5. The establishment shall maintain a kitchen or food-serving area in which a
variety of food is prepared and cooked on the premises.
6. The establishment shall serve food to patrons during all hours the establishment
is open for customers.
7. Seating arrangements for sit-down patrons shall not exceed 878 square feet,
including 27 indoor seats and 34 outdoor seats
8. Take out service shall be only incidental to the primary sit-down use.
9. No alcoholic beverage shall be sold for consumption beyond the premises.
10. No dancing or live entertainment beyond that allowed in the restaurant definition
contained in the Zoning Ordinance shall be permitted on the premises.
11. The primary use of the outdoor dining area shall be for seated meals service.
Patrons who are standing in the outdoor seating area shall not be served.
12. The permitted hours of service shall be 11 :OOam through 10:00pm daily, with
complete closure and all employees vacated from the building by 11 :OOpm. No
"after hours" operations shall be permitted. Alcohol service to any outdoor
seating area adjacent to a public street or sidewalk shall cease one hour in
advance of the operating hours otherwise permitted.
13. Prior to issuance of a Certificate of Occupancy, or a business license, or
commencement of alcohol service as applicable, a security plan shall be
submitted to the Chief of Police for review and approval. The plan shall address
both physical and operational security issues.
14. Prior to commencement of alcohol service, the operator shall submit a 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 program shall require all employees having
contact with the public to complete a California Department of Alcoholic
Beverage Control (ABC) sponsored alcohol awareness training program within
90 days of the effective date of this approval. In the case of new employees, the
employee shall attend the alcohol awareness training within 90 days of hiring. In
the event the ABC no longer sponsors an alcohol awareness training program, all
employees having contact with the public shall complete an alternative program
approved by the Director of Planning and Community Development. 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.
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15. Prior to commencement of alcohol service, the operator shall also submit a 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.
16. Minor amendments to the plans shall be subject to approval by the Director of
Planning. An increase of more than 10% of the square footage, and increase of
seating, or a significant 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. No expansion in number of
seats, intensity of operation, or outdoor areas shall occur without prior approval
from the City of Santa Monica and State ABC.
17. Except for special events, alcohol shall not be served in any disposable container
such as disposable plastic or paper cups.
18. Any minimum purchase requirement may be satisfied by the purchase of
beverages or food.
19. No video or other amusement games shall be permitted on the premises.
20. No more than 35% of total gross revenues per year shall be from alcohol sales.
The operator shall maintain records of gross revenue sources which shall be
submitted annually to the City of Santa Monica City Planning Division at the
beginning of the calendar year and also available to the City of Santa Monica and
the State ABC upon request.
21. 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 State Alcoholic Beverage Control
department.
22. Applicant is on notice that all temporary signage is subject to the restrictions of
the City sign ordinance.
23. Prior to commencement of alcohol service, the applicant shall post a notice at the
restaurant entry stating that the site is regulated by a Conditional Use Permit and
the Statement of Official Action, which includes the establishment's conditions of
approval, are available upon request. This notice shall remain posted at all times
the establishment is in operation.
VARIANCE CONDITIONS
1. The applicant shall implement a vehicle trip reduction program that requires that
no more than 75% of employees come to work in single occupant vehicles. This
vehicle trip reduction program shall be reviewed and approved by the
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Transportation Management Division and could include a combination of transit'
passes or debit cards and incentives to carpool, bicycle or walk to work.
2. The dining areas shall not exceed a total of 878 square feet. Compliance with
this requirement must occur as of the effective date of this permit.
3. The applicant shall provide 2 additional parking spaces within a 1,000 foot radius
of the subject site or provide valet parking for patrons during all hours of
operation of the restaurant.
VOTE
Ayes:
Nays:
Abstain:
Absent:
Genser, Katz, O'Connor, and Holbrook,
McKeown
Bloom, Shriver
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
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.
~~ ~,~
MARIA M.STEWART, Ity Clerk
1-3.-\'-66
Date
AcknowledQement by 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
Date
Print name here
Drivers License Number
F:\CityPlanning\Share\COUNCIL\STOAS\2006\06APP-015 (609 Broadway),doc
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