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SR-6-H . . '-1/ qtJZ- rt:lt/p 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 - 1 - ~ --/I 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 - 2 - 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 - 1 - , 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. - 2 - . . 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. - 3 - . . 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. lld129jhpc - 4 -