SR-402-009 (4)
PCD:SF:JT:AS:SHK:TK:f:\plan\share\council\stoas\01APP012.doc
Council Mtg: December 18, 2001 Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Certification of the Statement of Official Action for Appeal 01-012 of
Planning Commission Denial of Conditional Use Permit 00-015 to Amend
the Conditions of Approval of Conditional Use Permit 99-007 to Include
the Reconfiguration of the Previously Approved Floor Plan With the
Addition of Seats and an Outdoor Dining Area for an Existing Restaurant
at 1251 Third Street Promenade. Applicant/Appellant: Adolpho Suaya,
Gaucho Grill. Property Owner: Federal Realty Investment Trust.
INTRODUCTION
This staff report transmits for City Council certification the Statement of Official Action
for Appeal 01-012 of the Planning Commission’s denial of Conditional Use Permit 00-
015 to amend the conditions of approval of Conditional Use Permit 99-007 to include
the reconfiguration of the previously approved floor plan with the addition of seats and
an outdoor dining area for an existing restaurant.
On July 10, 2001, the City Council unanimously adopted a motion upholding the
Planning Commission’s determination and denying appeal 01-012. The City Council’s
decision was based upon the finding 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.
Prepared by: Suzanne Frick, Director
Jay Trevino, AICP, Planning Manager
Amanda Schachter, Principal Planner
Susan Healy Keene, AICP, Senior Planner
Tony Kim, Associate Planner
Planning and Community Development
Attachment: Statement of Official Action
CITY OF SANTA MONICA
CITY COUNCIL
STATEMENT OF OFFICIAL
ACTION
PROJECT
CASE NUMBER: Appeal 01-012 of Planning Commission Denial of
Conditional Use Permit 00-015
LOCATION: 1251 Third Street
APPLICANT: Adolpho Suaya, Gaucho Grill
APPELLANT: Adolpho Suaya, Gaucho Grill (01APP-012)
CASE PLANNER: Tony Kim, Associate Planner
REQUEST: Appeal of Planning Commission Denial of a Conditional
Use Permit to amend the conditions of approval of
Conditional Use Permit 99-007 to include the
reconfiguration of the previously approved floor plan with
the addition of seats and an outdoor dining area for an
existing restaurant.
CEQA STATUS: The proposed project is categorically exempt from the
provisions of the California Environmental Quality Act
(CEQA) pursuant to Class 1, Section 15301 of the State
Implementation Guidelines in that the approval of
amendments to the existing Conditional Use Permit 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.
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CITY COUNCIL ACTION
July 10, 2001 Date.
Approved based on the following findings and subject to the
conditions below.
Denied CUP 00-015.
_______X______ Other. Denied Appeal and Upheld Planning Commission denial of
CUP 00-015
EFFECTIVE DATE OF ACTION:
Following a public hearing held on July 10, 2001, the City Council denied the appeal
and upheld the Planning Commission’s denial of CUP 00-015 based upon the following
finding:
1. The applicant is operating the existing restaurant 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. CUP 99-
007 approved a floor plan of 91 seats with no outdoor dining. However, the
applicant has built and operated a restaurant with 124 seats, including an
outdoor dining area containing 6 seats. This represents a 36 percent increase
over what was approved and constitutes a substantial increase in the restaurant
operation.
VOTE
Ayes: Bloom, Genser, Holbrook, Katz, McKeown, O’Conner, Feinstein
Nays:
Abstain:
Absent:
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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, City Clerk Date
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