M I N U T E S

           REGULAR MEETING OF THE PLANNING COMMISSION
                  OF THE CITY OF SANTA MONICA

                         Founded 1875
                "Populus felix in urbe felici"

WEDNESDAY, DECEMBER 6, 1995            CITY COUNCIL CHAMBERS
7:00 P.M.                                ROOM 213, CITY HALL


1.     CALL TO ORDER:  The meeting was called to order at 7:12
       p.m.

2.     PLEDGE OF ALLEGIANCE:  Commissioner Zinner led the
       Pledge of Allegiance.

3.     ROLL CALL:
                        Present:                                                     Kenneth Breisch, Chairperson
                         Frank Gruber
                         Lou Moench
                         Eric Parlee
                         Kathy Weremiuk
                         John Zinner

                         Absent:                                 Berton R. Bradley

                   Also Present:                                 Kyle Ferstead, Commission Secretary
                         Suzanne Frick, Director of
                         Planning/PCD
                         Terry Graboski, ARB Member Liaison
                         Barry Rosenbaum, Deputy City Attorney
                         Mary Strobel, Deputy City Attorney
                         Kenyon Webster, Planning Manager

4.   APPROVAL OF MINUTES:

     Commissioners Parlee and Zinner asked for corrections to
     the minutes for October 11, 1995.

     Commissioner Zinner made a motion to approve the minutes
     for October 11, 1995, as amended, and October 18, 1995,
     October 25, 1995, November 1, 1995, and November 15, 1995,
     as submitted. 

     Commissioner Parlee seconded the motion, which was
     approved by voice vote.

5.   PLANNING DIRECTOR'S REPORT:

     Ms. Frick gave the Director's Report.  She began by
     announcing the cancellation of the December 13th meeting
     of the Commission.  Additionally, she reported that the 
     City Council will be reviewing the Bayside Specific Plan
     on January 9, 1996, and authorizing the Urban Design Plan. 
     Also in January, the Commission will be reviewing the
     Montana Avenue Master Plan, which will go to City Council
     in either February or March.

     Commissioner Weremiuk inquired about receiving a copy of
     the Bayside staff report.

     Commissioner Parlee asked when the Airport Committee would
     be meeting.  Ms. Frick stated that she will check, but
     expected there will not be a meeting until January.

     Commissioner Parlee asked about the Sunset Park Traffic
     Plan.  Ms. Frick stated that the Plan is tentatively set
     for City Council on February 27, 1996.

6.   STATEMENTS OF OFFICIAL ACTION: Consent Calendar

     Commissioner Parlee made a motion to approve items 6A, 6D,
     6E, and 6F as submitted.  Commissioner Moench seconded the
     motion, which was approved by voice vote.

     Commissioner Parlee made a motion to approve item 6B as
     submitted.  Commissioner Moench seconded the motion, which
     was approved by voice vote with Commissioner Weremiuk
     abstaining.

     Commissioner Parlee made a motion to approve item  6C as
     submitted.  Commissioner Moench seconded the motion, which
     was approved by voice vote with Commissioners Weremiuk and
     Zinner abstaining.

6-A: CUP 95-019, 1311 3rd Street.
6-B: DR 95-005, VAR 95-031, 1128-44 5th Street.
6-C: TPC 322, 1138 15th Street.
6-D: TPC 323, 837 2nd Street.
6-E: VARIANCE APPEAL, VAR 95-005, 1619 Montana Avenue.
6-F: CUP 95-016, Variance 95-033, 2423 Wilshire Boulevard.

7.   PUBLIC HEARINGS:  Consent Calendar

7-A: Tenant-Participating Conversion Case, TPC-324, Vesting
     Tentative Tract No. 52030, 1048 18th Street, R2, an
     application for a Tenant-Participating Conversion and
     Vesting Tentative  Map to convert a 7-unit apartment
     building into condominiums at 1048 18th Street.
       Staff Report

         The applicant's representatives, Rick Mills and Paul
         DeSantis, were present to discuss the application.

         One member of the public, James Grancich, 1048 18th
         Street #6, Santa Monica, spoke in favor of the
         conversion.

         Mr. DeSantis spoke in rebuttal to the public comment.

         Commissioner Weremiuk asked about approving a
         conversion that does not have adequate parking for all
         units.  Mr. DeSantis stated that many conversions have
         been approved in the past with insufficient parking.

         Commissioner Parlee asked about the problem with Home
         Owners Associations (HOA) and income from a rental
         unit.  Mr. DeSantis commented  on the tax problems for
         a non-profit HOA.  Deputy City Attorney Strobel
         commented that this subject was raised at the joint
         meeting with the Rent Control Board as a "potential
         issue", however nothing has been submitted in writing
         to staff.

         Commissioner Parlee asked if a written opinion could
         be requested from the City Attorney's Office.  Deputy
         City Attorney Strobel sated she was not sure, however
         she would investigate it.  Ms. Frick  stated that this
         is considered a precedent position as  bootleg units
         are not considered legal units by Planning and Zoning
         or Building and Safety, but are recognized by the Rent
         Control Board.  She asked if the Commission wants to
         reward the property owner for creating a bootleg unit.

         Commissioner Gruber  asked for an explanation of the
         background regarding bootleg units, TORCA and Rent
         Control.  Ms. Frick explained that there are three
         regulatory bodies that deal with the bootleg units: 
         Rent Control, which acknowledges the units as legal
         dwelling units; Planning and Zoning, which deems the
         units illegal because they were not built with
         permits; and Building and Safety, which looks to see
         that minimum habitability standards are met.

         Commissioner Gruber asked about a comment on page two
         of the staff report implying discretion by the
         Commission.  Ms. Frick stated that the Commission does
         have discretion in this matter and the policy
         presented in the staff report is for the Commission's
         consideration.  She also stated that approving this
         bootleg unit would set a precedent.

         Commissioner Weremiuk stated that she recalls two
         other bootleg units that have been approved by the
         Commission.  She commented that in general she
         believes all bootleg units should be shut down,
         however in this case the unit is a very decent space
         and could be sold.  She also commented that another
         determining factor is that the current tenant wants to
         purchase the unit and has upgraded the unit.

         For the record, staff stated that previously approved
         bootleg TORCA units have been split units.  Ms. Frick
         stated that in the prior instances there has been a
         memorandum from Rent Control regarding the specific
         bootleg units.

         Commissioner Moench made a motion to recommend the
         staff report be upheld except that the bootleg unit
         shall be made for sale.

         Commissioner Weremiuk seconded the motion.

         Commissioner Zinner stated that the Commission needs
         to make findings as to why the Commission is making
         this change.

         Chair Breisch expressed discomfort with the motion
         because of the past policy made with the Rent Control
         Board.  He also expressed reluctance to approve a
         conversion when the building has been vacant for seven
         months and the original tenants that applied for TORCA
         are no long associated with the building.

         Commissioner Zinner commented that the Rent Control
         Board policy and talks did not take into account a
         damaging earthquake and forced tenant vacancies.  He
         stated for the record that all prior tenants stated in
         writing that they were not interested in purchasing
         the units following the repair of the building.

         Commissioner Gruber commented that he is sympathetic
         to the conversion issue with the Rent Control Board
         and suggested referring this item to the Board for
         their comment.  Ms. Frick stated that this is not
         governed by an ordinance, but is a policy document
         between two boards and that the policy agreed to may
         be changed.

         Commissioner Gruber expressed support for amending the
         motion and continuing this discussion pending a
         comment from the Rent Control Board.  Ms. Frick stated
         that the Subdivision Map deadline for approving this
         conversion is December 18, 1995.

         Commissioner Parlee expressed support for the motion. 
         He stated that he was on the Commission when the
         discussions were held with the Rent Control Board and
         expressed the opinion that in this case there is no
         reason not to convert the unit for sale.

         Commissioner Moench stated that, as the maker of the
         motion, he would like to hear from the Rent Control
         Board.  Ms. Frick stated that this cannot be done
         unless the applicant is willing to waive the deadline
         date.

         Commissioner Moench made a motion to open the public
         hearing.  Mr. DeSantis asked for time to confer with
         his clients.

         Commissioner Gruber asked about Condition  #23.  Staff
         stated that this is a standard bootleg condition as
         regards parking spaces.

         Mr. DeSantis expressed a preference for resolving the
         matter this evening and directed the Commission's
         attention to page five, attachment J, which regards
         habitability.

         Commissioner Zinner expressed support for converting
         the bootleg unit, but also wanted the Rent Control
         Board opinion.

         Commissioner Moench withdrew his motion.

         Commissioner Parlee reinstated the motion to approve
         the conversion including the bootleg unit.

         Commissioner Gruber seconded the motion.

         Commissioner Parlee stated that the Rent Control Board
         should be apprised of the situation and can render an
         opinion during the appeal period.

         Commissioner Moench commented that it is the Rent
         Control Board's mandate to keep the unit forever
         habitable and rented.

         Commissioner Gruber asked if the motion is to go with
         the staff report, and Unit #6 cannot be sold, can
         anyone cause the matter to return for an amendment to
         allow the sale of Unit #6 in the future.  Deputy City
         Attorney Strobel stated that a new map would need to
         be filed for the additional unit.

         Ms. Frick stated that the applicant has agreed to
         continue the matter to January 24, 1996.

         Commissioner Weremiuk made a substitute motion to
         continue this matter to January 24, 1996, and that the
         matter be sent to the Rent Control Board for review
         and an opinion.

         Ms. Frick stated that, due to time constraints, the
         matter may be given to the Rent Control Board staff
         for an appropriate response.

         Commissioner Gruber seconded the motion.

         The motion was approved by the following vote:
         AYES:  Breisch, Gruber, Moench, Parlee, Weremiuk,
         Zinner;
         ABSENT:  Bradley.

         CONTINUED TO JANUARY 24, 1996.

     7-B:             Conditional Use Permit 95-018, TPM 24314, 843 15th Street,
                      Applicant:  R. Nikkhesall, Architect, Application for a
                      Conditional Use Permit and a Tentative Parcel Map to
                      permit the construction of a two story, three-unit
                      condominium over a six space subterranean parking garage
                      accessed from the rear alley.   (Planner: Gina Szilak)
       Staff Report

         Commissioner Parlee made a motion for approval of CUP
         95-018 as submitted.  Commissioner Weremiuk seconded
         the motion, which was approved by voice vote with
         Commissioner Zinner abstaining.

8.   PUBLIC HEARINGS:

8-A: EQPC 95-002, TM 95-006 (VTPM 24337), 1351 Palisades Beach
     Road, R2B, Applicant: Westec Construction, Inc.,
     Application for a Vesting Tentative Parcel Map and an
     Earthquake Recovery Permit to consider the replacement of
     a demolished four story 17,845 square foot commercial
     office building with a four story 14,483 square foot
     building with three (3) residential condominium units at
     1351 Palisades Beach Road.  (Planner:  Steven Ross)
       Staff Report

         Chair Breisch welcomed Architectural Review
         Boardmember Terry Graboski, who will be reviewing this
         item with the Commission.

         The applicant's architect, John Reed, REA Architects,
         1501 Colorado Avenue, Santa Monica 90404, was present
         to discuss the project.

         Commissioners Weremiuk and Zinner commented that the
         west wall was very bare and suggested that planting
         pockets be added.  Mr. Reed stated that this would be
         possible.

         Boardmember Graboski commented favorably on the
         changes in design to the proposed project.  He also
         commented that the addition of the plant pockets on
         the west elevation would be a good idea.

         Commissioner Parlee asked if the Earthquake Recovery
         Ordinance addresses the issue of landscaping.  Mr.
         Frick stated that it could be considered as part of
         the compatibility findings and could be included as a
         modification to the approval.

         Commissioner Parlee expressed overall support for the
         redesign.

         Chair Breisch closed the public hearing.

         Commissioner Weremiuk asked Commissioner Moench if he
         was satisfied with the landscaping explanation for the
         Palisades Beach Road elevation of the building. 
         Commissioner Moench stated that he was satisfied as
         long as the pedestrian zones are landscaped.

         Commissioner Weremiuk commented that the drawings do
         not show the adjacent residences and stated a
         preference for drawings that give more context to the
         neighborhood.

         Commissioner Moench made a motion for approval with
         staff's findings and conditions and with a condition
         that the landscaping be addressed on all sides of the
         building.

         Commissioner Parlee seconded the motion.  He
         recommended that the architect explore landscaping
         pockets on the western elevation.  Additionally, he
         commented that it will be difficult to maintain
         landscaping on the eastern elevation due to the
         nearness of the highway.  Commissioner Moench
         commented that freeways have landscaping and that the
         eastern elevation needs landscaping because it appears
         too sterile.

         Chair Breisch commented that the building could be
         built to the sidewalk by right, but agreed that the
         landscaping is too sparse.  He also commented that he
         finds the eastern elevation very interesting and he is
         pleased with the overall building design.

         Commissioner Moench commended the architect on the
         overall design of the building.

         Chair Breisch expressed agreement that the western
         elevation needs some landscaping and commended the
         architect on the building design.

         The motion was approved by the following vote:
         AYES:  Breisch, Graboski, Gruber, Moench, Parlee,
         Weremiuk, Zinner;
         ABSENT:  Bradley.

         [The Commission took a break at this point.]

     8-B:             Conditional Use Permit 95-021, 1331 Wilshire Boulevard,
                      C6-Neighborhood Commercial Overlay, Applicant: Thrifty
                      Payless, Inc., Application for a Conditional Use Permit to
                      allow a Type-21 (Off-Sale General) alcohol license to be
                      used in conjunction with operation of Payless Drug Store
                      (formerly Thrifty Jr. Drug Store), a drug and variety
                      store located at 1331 Wilshire Boulevard in the C-N
                      (Boulevard Commercial - Neighborhood Commercial Overlay)
                      District.  The store hours of operation are 7:00 a.m. to
                      10:00 p.m., with hours extended in holiday periods until
                      11:00 p.m..  Pursuant to the Zoning Ordinance the rights
                      to sell alcohol at this location under the applicant's
                      existing Type 20 (Off-Sale Beer and Wine) alcohol license
                      expired when the business remained closed for one year. 
                      (Planner: L. Beck)
       Staff Report

         The applicant's representative, Art Rodriguez, 709
         East Colorado Avenue, Suite 210, Pasadena 91101, was
         present to discuss the project.  Also present was Dave
         Mahan, 125 East Baker Street, Suite 155, Costa Mesa
         92626.

         No members of the public submitted requests to speak.

         Commissioner Gruber asked about the length of the
         proposed alcohol shelf area.  Mr. Rodriguez stated
         that the area will be 140 linear feet.

         Commissioner Gruber asked if cold beer will be sold. 
         Mr. Rodriguez stated that there will be cold beer for
         sale, however single can sales will be prohibited.

         Commissioner Gruber asked about the sale of hard
         liquor.  Mr. Rodriguez stated that only standard sizes
         of hard liquor will be sold and no "hip flasks".

         Commissioner Parlee asked for the percentage of gross
         alcohol sales for the establishment.  Mr. Rodriguez 
         stated that this store previously had approximately 2%
         gross alcohol sales and other stores in the chain do
         not exceed 3% gross alcohol sales.

         Chair Breisch closed the public hearing.

         Commissioner Zinner asked about the Police
         Department's recommendation on this application. 
         Staff explained that the Police Department is opposed
         to any increase in general alcohol sales, however they
         find less objection to outlets that only sell beer and
         wine.

         Commissioner Gruber asked for an explanation as to why
         different types of alcohol licenses are or are not
         deemed an intensification of use.  Ms. Frick explained
         that this request expands the types of alcohol sold
         and staff's position is a policy decision.  Staff also
         commented that the Police Department memorandum states
         that there are already enough hard liquor outlets in
         the area.

         Commissioner Moench stated that he knows this
         operation and does not feel there will be a problem
         with allowing a Type 21 license.  He stated that he
         will support the application.

         Commissioner Parlee expressed support for the
         application.  He asked if there is a condition for
         limiting the gross percentage of alcohol sales. 
         Deputy City Attorney Strobel stated that the
         Commission has made such a condition in the past,
         however the City Attorney has also expressed concern
         that such a condition may be pre-empted by State law,
         and the applicant must agree to such a condition.

         Commissioner Gruber made a motion for approval for a
         Type 21 Alcohol License with the following conditions: 
         that the liquor shelf space not exceed 140 square
         feet; that there be no refrigerated alcohol sales;
         that there be no cup sales; that liquor sale size be
         no less than 750 ml or a six-pack of beer; and that
         the conditions of approval for the West Los Angeles
         store be included.

         Commissioner Parlee seconded the motion and asked that
         "no fortified wines" be included as part of the
         motion.  There was a discussion as to what constitutes
         a "fortified wine" and the applicant stated that the
         only fortified wine that is carried by his
         establishment is port wine, not Ripple or Thunderbird. 
         Commissioner Parlee asked if the condition could
         include "no fortified wines or spirits with over 20%
         alcohol content".

         Commissioner Zinner expressed support for the motion.

         Commissioner Moench commented on the need to
         refrigerate some beers, especially those made by
         micro-breweries and those which contain no
         preservatives.

         Chair Breisch expressed concern that going from a Type
         20 to a Type 21 Alcohol License was an intensification
         of use.

         Commissioner Weremiuk stated that she will not support
         the motion because it is an intensification of use and
         the Police Department is against it.

         Deputy City Attorney Strobel asked that, for the
         record, the applicant state their conditions as part
         of the application.  The applicant stated that they
         need to be able to sell six-packs of beer cold. 
         Commissioner Weremiuk asked if, prior to the
         earthquake, six-packs were sold refrigerated.  The
         applicant answered in the affirmative.  Commissioners
         Gruber and Parlee agreed to delete the condition
         regarding non-refrigeration.

         The motion was approved by the following vote:
         AYES:  Gruber, Moench, Parlee, Zinner; NOES:  Breisch,
         Weremiuk; 
         ABSENT:  Bradley.

8-C: Appeal of Zoning Administrator Denial of Use Permit 94-010, 119 Ocean Park Boulevard, R2R, Applicant and
     Appellant:  Christopher Harding/Kevin Kozal,  Lawrence and
     Harding, Appeal of Zoning Administrator Denial of Use
     Permit 94-010 to allow an existing rooftop TVRO parabolic
     antenna with no screening provided.  In the R2R District,
     antennas are required to be ground mounted unless a Use
     Permit for a rooftop parabolic antenna is approved.  The
     existing rooftop antenna extends 8.5 feet above the
     roofline which is below the maximum height permitted of 15
     feet above the roofline.  A Use Permit is also necessary
     to permit a parabolic antenna without screening.  The
     existing antenna is 10 feet in diameter, which is less
     than the 12 foot diameter maximum permitted.  This antenna
     has previously been reviewed as a Conditional Use Permit. 
     Per Ordinance 1757 (CCS), adopted July 26, 1994, certain
     standards have been established for the number, location
     and height of antennas permitted in each District.  A Use
     Permit is required when the applicant requests a
     modification to those standards set forth in the
     Ordinance.  (Planner:  Susan Healy Keene)
       Staff Report

        Following the staff report, the City's consultant,
        Jonathan Kramer, gave a presentation.

        Commissioner Weremiuk asked for the additional cost of
        the two dish option.  Mr. Kramer stated that he would
        need to check that information.

        Commissioner Parlee asked if, in the various study
        scenarios, the potential build-out of adjacent
        properties was considered.  Mr. Kramer answered in the
        affirmative.

        Commissioner Parlee asked about the federal
        government's definition of "reasonable reception".  Mr.
        Kramer stated that "reasonable reception" has not been
        defined and referred the question to the City Attorney. 
         DCA Rosenbaum stated that the declaration received
        this date raises build-out issues and acknowledges that
        while the two dish option does overlap, adjacent
        buildings also block part of the arc and full coverage
        can not be guaranteed.  Ms. Frick pointed out that this
        information has just been received and staff has not
        had time to fully analyze the new declaration and
        issues raised.

        Commissioner Gruber asked about the differences between
        "satellite feed for local stations versus cable.  Mr.
        Kramer explained that cable has the same programs as
        "air feed", but with "satellite feed" times may vary,
        advertisements may be different, but the programs are
        the same.

        The appellant's representative, Christopher Harding of
        the Law Offices of Lawrence and Harding, was present to
        address the Commission.  He respectfully requested
        additional speaking time due to the complex nature of
        the appeal.

        Commissioner Moench made a motion to allow three
        minutes each for the appellant's team.

        Also addressing the Commission were Harry Shearer, 119
        Ocean Park Boulevard, Santa Monica and Robert LaBriola,
        the appellant's satellite dish expert consultant.

        The following members of the public spoke:
        Jay Charles, 117 Fraser Avenue, Santa Monica 90405
        Liucija Baskauskas, 130 Fraser Avenue, Santa Monica
        90405
        Stephen Anaya, 130 Fraser Avenue, Santa Monica 90405
        Lawrence S. Dietz, 840 Pine Street, Santa Monica 90405
        Carolanne Sudderth, 143 Hollister Avenue #8, Santa
        Monica 90405

        Mr. Harding spoke in rebuttal to the public comment.

        Chair Breisch closed the public hearing.

        [The Commission took a break at this time.]

        Commissioner Zinner asked for the basis of the Zoning
        Administrator's decision.  Mr. Webster explained that
        he agrees with the technical experts that the hardship
        was created by the addition to the dwelling which
        rendered the prior satellite dish location inadequate. 
        He stated that the City's position is that the property
        owner created the inadequate situation.

        Commissioner Zinner asked the City Attorney to
        elaborate.  Deputy  City Attorney Strobel stated that
        the Zoning Ordinance allows for two circumstances for
        which a Use Permit may be granted; first, in cases
        where there is an obstruction and, second, where
        compliance with design standards is cost prohibitive,
        which was not previously argued by the applicant until
        December 5, 1996.  She stated that there is discretion
        with the language and how it is applied, however there
        has been no prior interpretation by the Commission.

        Commissioner Weremiuk commented that this issue came to
        the Commission before as a CUP and it was presented
        much differently.  She also commented that the addition
        to the dwelling is very tasteful, fits the neighborhood
        and was legally done.  Lastly, she commented on the
        costs associated with the addition and the changes in
        zoning regulations since the CUP was applied for.

        Commissioner Gruber commented on the 1992 renovation of
        the property and the photographs submitted of the
        satellite dish on the property.  He stated that the
        photographs do not show the true perspective and seeing
        the dish in person appalled him and reminded him of a
        1950 spaceship on the rooftop.  He stated that if the
        addition had been well planned, a modification could
        have been made to accommodate the satellite dish. 
        Additionally, he commented on unreasonable reception
        and various costs associated with the satellite dish.

        Commissioner Zinner expressed agreement with
        Commissioner Gruber.  He stated that the renovation of
        the dwelling did not account for the needs of the
        satellite dish.  He also stated that the new dwelling
        design is nice, but the satellite dish has become an
        ugly aesthetic part of the structure.  He commented
        that he does not agree with Commissioner Weremiuk and
        that the renovation design could have accommodated the
        needs of the satellite dish.

        Commissioner Parlee expressed support for the comments
        made by Commissioner Weremiuk because "beauty is in the
        eye of the beholder".  He commented on various factors
        not under the control of the property owner and stated
        that he is inclined to grant the Use Permit.

        Commissioner Moench asked about a definition for
        "reasonable reception".  DCA Rosenbaum stated that the
        FCC does not have such a definition and reviews these
        matters case by case.

        Commissioner Moench asked a series of questions
        regarding build-out of adjacent properties and antenna
        standards.  Mr. Webster explained the code on these
        issues.

        Chair Breisch stated that the reason a Use Permit is
        required is a recognition of many situations the City
        sees as problems.  He stated that such issues need to
        be reviewed on a case by case basis while balancing the
        freedom to receive signals versus community standards
        for air, light and aesthetics.

        Commissioner Moench made a motion to go past 11 p.m. 
        Commissioner Zinner seconded the motion, which was
        approved by voice vote.

        Commissioner Zinner made a motion to uphold the Zoning
        Administrator's denial of the Use Permit.

        Commissioner Moench seconded the motion.

        Commissioner Gruber commented on the ambiance of the
        neighborhood and stated that a satellite dish is not
        aesthetic.

        Commissioner Weremiuk stated that satellite dishes are
        permitted with a Use Permit.  She posed several
        questions regarding cost, reasonable obstruction and
        the right of reception.

        Commissioner Parlee commented on the placement of the
        satellite dish prior to the addition and the need for
        fairness.

        Commissioner Gruber commented that aesthetics are an
        issue invoked by the FCC and that the City needs to
        balance the process.

        The motion suffered a technical denial by the following
        vote:
        AYES:  Breisch, Gruber, Zinner; NOES:  Moench, Parlee,
        Weremiuk;
        ABSENT:  Bradley. 

        The Commission discussed whether the item should be
        continued and reconsidered with a full Commission or
        left as technical denial.

        Commissioner Weremiuk made a motion to reconsider. 
        Commissioner Moench seconded the motion.

        Chair Breisch asked staff about the "build-out" issue
        raised this evening.  Ms. Frick stated that this could
        be addressed if new information is introduced and
        public hearing reopened.

        Commissioner Gruber asked if the technical denial means
        the item will proceed to the City Council on appeal. 
        DCA Strobel stated that the Planning Commission action
        is final and is not appealable to the City Council.

        The motion to reconsider failed by the following vote:
        AYES:  Moench, Parlee, Weremiuk; NOES:  Breisch,
        Gruber, Zinner;
        ABSENT:  Bradley.

8-D: Conditional Use Permit 95-020, 1446 Third Street
     Promenade, C3C, Applicant: Gary Nolan/Chillers Restaurant,
     Application for a Conditional Use Permit to amend the
     following conditions of Conditional Use Permit 89-100:
     Condition #2, to permit alcohol beverages to be served
     from 11:00 am to 2:00 am daily, in lieu of the current
     permitted hours of 11:00 am to 1:00 am daily; and
     Condition #11, to permit service of alcoholic beverages in
     the bar area until 2:00 am, in lieu of prohibiting 
     alcoholic beverage service in the bar area after midnight,
     but permitting the sale of alcoholic beverages in the
     dining area after midnight.  The subject property is a 212
     seat restaurant with an approved Type-47 (On-Sale General
     for Public Eating Place) alcohol license.  (Planner: Susan
     Healy Keene)

        Continued to February 7, 1996.

     8-E:                                                        Conditional Use Permit 95-022 , Variance 95-029, 1810
                                                                 Ocean Avenue,  RVC, Applicant: Bruce Marder, Application
                                                                 for a Conditional Use Permit to allow the issuance of a
                                                                 Type-47 Alcohol License (On-Sale General Alcohol License
                                                                 for a Bona Fide Public Eating Place) to be used in
                                                                 conjunction with a new 1,826 square foot restaurant with a
                                                                 total of 78 seats and a Variance to provide 12 parking
                                                                 spaces in lieu of the 13 parking spaces required by code
                                                                 for this new restaurant on-site with valet parking
                                                                 service.   (Planner: Susan Healy Keene)

        Continued to January 10, 1996.

9.   OLD BUSINESS:  NONE.

10.  NEW BUSINESS:  NONE.

11.  COMMUNICATIONS:

     A.  Planning Commission Caselist
     B.  Zoning Administrator Caselist
     C.  Cumulative Projects List
     D.  Appeal of Planning Commission Decision to City Council
         1. None

12.  COMMISSION AGENDA:  NONE.

13.  PUBLIC INPUT:  NONE.

14.  ADJOURNMENT:  The meeting was adjourned at 11:20 p.m.

         APPROVED AS AMENDED:  JUNE 19, 1996