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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. 1 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: 2 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 F:\PLAN\SHARE\COUNCIL\STOAS\01APP012.doc 3