SR-6-H
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CA:RMM:LL:ll201 MAR 1 0 1987
City Council Meeting 3-10-87 santa Monica, california
STAFF REPORT
TO: Mayor and City Council
FROM: city Attorney
SUBJECT: Adoption of Findings and Conditions for Conditional
Use Permit 443, to Permit the Sale of Beer and Wine
at a New Convenience Market in a New Retail Complex
to be Developed at 1865 Lincoln Boulevard
INTRODUCTION
At its meeting on February 24, 1987, the City Council upheld
the appeal filed by Planning Commissioner Donald Lewin Nelson and
granted Conditional Use Permit 443 for the sale of beer and wine
for off-site consumption at a new convenience market in a new
retail compl ex to be developed at 1865 Lincoln Boulevard. The
Council directed that staff return with findings and conditions
reflecting the Council's action. This staff report transmits
findings and conditions.
BACKGROUND
At the hearing on the appeal of CUP 443 on February 24,
1987, and in correspondence from Chris Harding, attorney for the
applicant Andy Oldfield, a number of issues were raised regarding
the relationship of the proposed project to certain policy and
planning issues regarding alcohol outlets. In accordance with
Council direction, staff has developed findings which incorporate
the proposals of the applicant's attorney to address those
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MAR 1 0 19&7
issues. The Council also modified the conditions of approval to
add two conditions, one providing for automatic termination of
the CUP at the end of ten years, and a second condition providing
that in the event of a challenge to the validity of the
conditions by the applicant, the CUP would be automatically
revoked. Those two conditions are reflected in Alcohol
Conditions 11 and 12.
RECOMMENDATION
It is respectfully recommended that the city Council adopt
the attached statement of Official Action setting forth findings
and conditions for Conditional Use Permit 443.
Attachment: statement of Official Action
PREPARED BY: Robert M. Myers, City Attorney
Laurie Lieberman, Deputy City Attorney
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STATEMENT OF OFFICIAL ACTION
PROJECT:
NUMBER: CUP 443
LOCATION: 1865 Lincoln Boulevard
APPLICANT: Andy Oldfield
REQUEST: Approval of Conditional Use Permit 443, to Permit the
Sale of Beer and Wine at a New Convenience Market in
a New Retail Complex to be Developed at 1865 Lincoln
Boulevard.
CITY COUNCIL ACTION:
On February 24, 19871 the City Council upheld the appeal of
Don Nelson from the decision of the Planning Commission approving
Conditional Use Permit 443. The City Council approved
Conditional Use Permit 443 subject to the following findings and
conditions:
ALCOHOL OUTLET FINDINGS:
l. The immediately pre-existing use of the subject
property included a mini market permitted to sell beer and wine
for off-premises consumption.
2. Such pre-existing use has been discontinued only within
the past six (6) months.
3 . The pre-existing use of the subject property, which
included the sale of beer and wine for Off-premises consumption I
was terminated after issuance of Administrative Approval No. 333
on July lOI 1986.
4. The aforementioned pre-existing use was not terminated
until after conceptual approval on August 6, 1986, by the ARB,
approving construction of a two-story retail/office complex at
this location.
5. The project was subsequently re-designed at the request
of neighbors residing in the area surrounding the site to
reconfigure the planned location of the parking area in a
neighborhood friendly manner.
6. This cUP merely authorizes a continuation of the sale
of beer and wine which lawfully occurred on the subject property
immediately prior to the filing of this application, and will not
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result in the proliferation of any additional alcohol outlets in
the city.
7. This CUP does not create a new beer and wine outlet in
the city of Santa Monica.
8. There shall be no gasoline for sale on the premises.
9. The proposed use shall be a neighborhood market
devoting no more than fifteen percent (15%) of its shelf space to
the display of alcoholic beverages.
10. The immediately prior operator has a right of first
refusal to lease the neighborhood market and has the expressed
support of the surrounding community.
11. As conditioned, the proposed use and location are in
accordance with good zoning practice and the public interest, and
are necessary so that substantial justice be done.
12. As conditioned, the proposed use is compatible with
existing and potential uses in the general area ~ traffic or
parking congestion will not result; the public health, safety,
and general welfare are protected; and no harm to adjacent
properties will result in that adequate parking is provided,
hours of operation will be limited, and ingress and egress of the
site will be limited to driveways on pico Boulevard and Lincoln
Boulevard.
13. As conditioned, the welfare of neighborhood residents
will not be adversely affected in that conditions of approval
will be required to mitigate the impact of this continuing
alcohol outlet in the neighborhood.
14. As conditioned, there will be no detrimental affect on
nearby residentially zoned neighborhoods considering the distance
of the alcohol outlet to residential buildings, churches,
schools, hospitals, playgrounds, park, and other existing alcohol
outlets, in that a mini market with a beer and wine license for
off-site consumption was previously operating at this location,
and in that the conditions for approval will minimize the
potential effect on the adjacent residential uses.
ALCOHOL OUTLET CONDITIONS:
1. Night time parking lot illumination shall be provided
and maintained.
2. Hours of operation of the neighborhood market shall be
limited to 7:00 a.m. through 1:00 a.m., seven days per week.
3. There shall be no sales of single canned or bottled
beer.
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4. The sale of beverages consisting of more than eighteen
percent (18%) alcohol (so-called "cheap fortified wines") shall
be prohibited.
5. All employees of the neighborhood market shall be at
least 21 years of age.
6. No gasoline shall be sold on the premises.
7 . No more than fifteen percent (15%) of the shelf space
in the market shall be devoted to the display of alcoholic
beverages.
8. The owner shall prohibit loitering in the parking area
and shall control noisy customers leaving the market.
9 . A public telephone shall be provided inside the market.
10. The Conditional Use Permit shall automatically
terminate ten years from February 24, 1987, the date of approval.
11. This Conditional Use Permit would not have been
approved in the absence of each and everyone of the conditions
set forth herein. Therefore, if any of these conditions are
subsequently determined to be unenforceable, this Conditional Use
Permit shall automatically expire and shall be of no further
force and effect.
CONDITIONS:
l. Minor amendments to the plans shall be subject to
approval by the Director of Planning. An increase of the square
footage 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.
2. Final plans for any changes to exterior design,
landscaping, trash enclosures, and/or signage shall be subject to
review and approval by the Architectural Review Board.
3. The rights granted herein shall be effective only when
exercised within a period of one year from the effective date of
approval. Upon the written request of the applicant, the
Director of Planning may extend this period up to an additional
six months.
4. The applicant shall comply with all legal requirements
regarding provisions for the disabled, including those set forth
in the California Administrative Code, Title 24, Part 2.
5. Refuse areas, storage areas, and mechanical equipment
shall be screened in accordance with Sec. 9127J.2-4 (SMMC).
Refuse areas shall be of a size adequate to meet on-site need.
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6. 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.
7. No noise generating compressors or other such equipment
shall be placed adjacent to neighboring residential buildings.
8. Video games shall be prohibited on-site.
9. At least one employee of the convenience market shall
go into the neighborhood at least once a day to pick up trash
from the market.
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