SR-5-F
tjtJ;?,CtJ6
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FEB 2 It 1987
C/ED: RAS: KR: ljw
Council Mtg: February 24, 1987
Santa Monica, California
TO: Mayor and city council
FROM: City staff
SUBJECT: Appeal of Planning commission Decision Approving
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.
Applicant: Andy Oldfield. Appellant: Planning
Commissioner Donald Lewin Nelson.
INTRODUCTION
This report recommends that the City Council uphold the appeal
and deny Conditional Use Permit 443 for the approval of the sale
of beer and wine for off-site consumption at a new 24 hour
convenience market in a retail complex to be developed at 1865
Lincoln Boulevard.
The six Planning Commissioners present
approved the project by a 4-2 vote. An appeal has been filed by
Planning Commissioner Donald Lewin Nelson.
BACKGROUND
Following a public hearing on December 1, 1986 the Planning
Commission approved Development Review 366 to permit the
construction of a single story retail complex totaling 7,387
square feet at 1865 Lincoln Boulevard (northeast corner of
Lincoln and pico Boulevards).
The proposal is to permit a
convenience market to sell beer and wine for off-site consumption
at this retail complex. Five shelf areas within the refrigerated
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FEB 2 4 1987
cooler are intended to provide shelf space for the beer and wine.
A Chevron station and 24 hour mini market with an off-sale beer
and wine license previously existed at this site. These
buildings were demolished following approval of a demo 1 i tion
permit on October 22, 1986. The lessee of this mini market still
has the beer and wine license and intends to lease the new store
from the property owner.
At the December 1, 1986 meeting, the Planning Commission heard
the applicants request to open a 2,400 square foot 24 hour
convenience market with an off-sale beer and wine license at this
retail complex (Exhibit A). Following the public hearing the
Planning commission denied the applicant's request for the 24
hour use, limiting the hours of operation to 7:00 A.M. to
1:00 A.M. seven days per week and approved the sale of beer and
wine for off-site consumption (Exhibit B).
An appeal of the Planning Commission determination was filed on
December 2, 1986, by Planning commissioner Donald Lewin Nelson
(Exhibit C). The appellant1s basis of appeal is that the
approval of this Conditional Use Permit violates the intent of
Ordinance 1319 (CCS) in that it permits an overconcentration of
alcohol outlets within the area.
ANALYSIS
The Planning Commission may grant a Conditional Use Permit
Subject to those conditions that may be necessary to ensure that
the use:
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1. Is compatible with existing and potential uses within the
general area.
2. That traffic and parking congestion will not result.
3 . Tha t the publ ic health, sa fety , and general wel fare are
protected.
4. That no harm to adjacent properties will result, and
5. That the objectives of the General Plan are secured.
During the review of the Conditional Use Permit application, the
Planning Commission considered the proximity of the proposed
off-site beer and wine license to other alcohol outlets in the
area. Within a 500' radius of the property there are a total of
five establishments with liquor licenses; one for off-sale
general spirits, one for off-sale beer and wine, one restaurant
with an on-sale license for general spirits and one restaurant
with an on-sale license for beer and wine and one is a private
club with a liquor license. Although the restaurants are
licensed for sale of alcohol in association with food
consumption, there are no Alcoholic Beverage Control regulations
which prohibit the sale of alcohol for consumption off the
premises.
Population density within a 500 foot radius of the property is
approximately 863 persons based on the 1980 census. The ABC
guidelines state that an overconcentration may occur if the area
has more than one establishment with an off sale license for each
1,039 residents in the area. Using this guideline, the two
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stores with off-sale alcohol licenses are adequate to serve the
surrounding residential neighborhood. The sales of beer and wine
would also take place less than two blocks from Santa Monica High
School and within one block of the CLARE Foundation alcoholic
recovery home at 844 pico Boulevard. The CLARE Foundation
submitted a letter to the Planning Commission prior to the
December 1st hearing indicating their objections regarding this
application (Exhibit D) .
Related Projects
On June 17, 1985 the Planning commission denied Conditional Use
permit 383 to permit a new convenience market at 1801 Lincoln
Boulevard to sell alcoholic beverages for off-site consumption.
Subsequently, on September 17, 1985, the City Council on an
appeal by the applicant, upheld the Planning Commission's action
to deny this request. This site is located in the same block as
the proposed project. Although this particular convenience
market was an addition to an existing self-service gasoline
station, in making findings for denial, the Planning Commission
and city Council on appeal cited the negative impact that this
use could have given its proximity to the high school and
surrounding residential uses. The World oil Company, developers
of the project, submitted a letter to the Planning Commission
prior to the December 1st hearing indicating their wish to be
entitled to sell beer and wine at their convenience market in the
event that this application is approved (Exhibit E) .
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On April 22, 1986 the City council, on an appeal, reversed the
Planning commission decision and denied Conditional Use Permit
411 to permit an off-sale beer and wine license for an existing
convenience market at 2838 Santa Monica Boulevard. This
conditional Use Permit was denied on the basis of its close
proximity to a residential neighborhood and that there already
existed an alcohol outlet within a 500 foot radius which was
found to be adequate to serve the residential population.
Ordinance 1319
Based upon the criteria identified in ordinance 1319 (CCS),
Planning staff recommended denial of this Conditional Use Permit
in that the sales of beer and wine less than two blocks from
Santa Monica High School and within an area with a large
residential population which already has two other establishments
which sell alcohol for off-site consumption could adversely
affect the welfare of the neighborhood residents.
In approving the Conditional Use permit, the planning Commission
indicated their support due to the fact that the market will
replace a similar market previously at this site and will be
leased by the previous operator who will utilize his existing
beer and wine license. Supporters of the proposal indicated that
the operator had been very responsive to the neighborhoods'
request in the past including refusing to sell to transients. As
noted in the Official Action statement, the planning commisison
in approving the Conditional Use Permit limited hours of
operation to 7:00 A.M. to 1:00 A.M., required beer to be sold in
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six packs onlYI and prohibited the sales of fortified wines and
pornographic magazines. However, it is the opinion of the city
Attorney that prohibiting the sale of pornographic materials is
unconstitutional. In addition, because the operator already has
a liquor license, it is unlikely that the City could prohibit the
sale of fortified wines.
Planning staff maintains that the sales of beer and wine at this
convenience market is not an appropriate use given its proximity
to the high school and other stores in the area which sell
alcohol and are available to serve the surrounding residential
neighborhood. Additionally, staff believes that while the
proposed operator may have been responsive to the neighborhoods
concerns in the pastl there are no guarantees that this operator
will always operate this particular convenience market in the
future. Therefore, Planning staff believes that the proposed
sale of beer and wine at this convenience market is inconsistent
with the general provisions of Ordinance 1319 (CCS).
CITY COUNCIL AUTHORITY
Under the provisions of section 9148 (SMMC), the City Council may
affirm, reverse or modify any determination of the Planning
commission in regard to a Conditional Use Permit and the decision
of the city Council shall be final. In approving an application,
the Commission or Council, on appeal, must make appropriate
findings and may add conditions necessary to protect the public
welfare.
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BUDGET/FISCAL IMPACT
The recommendations presented in this report do not have a
budget/fiscal impact.
RECOMMENDATIONS
Staff respectfully recommends that the city Council grant the
appeal and deny Conditional Use Permit 443 as submitted and
direct staff to prepare appropriate findings for adoption at a
subsequent Council meeting, such findings to be based on those
contained in the December 1, 1986 staff report.
Prepared by: R. Ann Siracusa, Director of Planning
Suzanne Frick, Principal Planner
Karen Rosenberg, Associate Planner
Attachments: A. Staff Report to Planning Commission,
December 1, 1986
B. statement of Official Action
C. Letter of Appeal, Planning Commissioner
Donald Lewin Nelson, December 2, 1986
D. Correspondence from the CLARE Foundation to
Planning Commissioners, November 24, 1986
E. correspondence from the World oil Company to
Planning Commissioners, December I, 1986
app443
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l\'I':""'l'CT~~'T"';J'2:' PI.
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CITY PLANNING DIVISION
Community and Economic Development Department
MEMORANDUM
DATE:
December 1, 1986
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TO: The Honorable Planning Commission
FROM: Planning staff
SUBJECT: DR 366, CUP 443, To Permit the Installation of a 2400
square foot 24 hour Convenience Market with an off-sale
Beer and Wine License at a Proposed Single story Retail
Complex
Address:
Applicant:
1865 Lincoln Boulevard
Andy Oldfield
SITE LOCATION AND DESCRIPTION
The subject property is a 19,369 sq.ft. parcel located on the
northeast corner of Lincoln Boulevard and Pico BOUlevard, having
a frontage of 109.97 feet on Lincoln Boulevard and 127.95 feet of
frontage on pico Boulevard. Surrounding uses consist of
commercial businesses to the north (C4), commercial businesses to
the south (C4), mUlti-family residential and commerclal uses to
the east (C4, R2) and commercial businesses to the west (C4).
Zoning District:
C4
Land Use District:
Commercial Corridor
Parcel Area:
19,369 square feet
PROPOSED PROJECT
Summary: The proposal is to permit a proposed retail complex to
lease a 2,400 square foot retail space to a 24 hour convenience
market with beer and wine sales for off premises consumption.
The applicant has not indicated how many peak hour employees are
proposed for the store. Five shelf areas within the refrigerated
cooler are intended to provide shelf space for the beer and wine.
A Chevron station and 24 hour mini market with an off-sale beer
and wine license previously existed at this site. These
buildings were demolished following approval of a demolition
permit on October 22, 1986. The leasee of this mini market still
has the beer and wine license and intends to lease the new store
from the property owner. Under Ordinance 1321 (CCS) Development
Review is required for all 24 hour businesses and Under Ordinance
1319 (CCS) a conditional Use Permit is required in that the
proposed convenience market will sell beer and wine for off-site
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consumption and it is more then 10% larger then the mini-market
previously at this location.
MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE
The proposed project is consistent with the Municipal Code and in
conformity with the General Plan as shown in Attachment A.
CEQA STATUS
The project is categorically exempt from the provisions of CEQA,
City of Santa Monica Guidelines for Implementation (3(14).
FEES
The proj ect is exempt
Program contained in
Elements.
from the Housing and
the adopted Land Use
Parks Mitigation
and Circulation
ANALYSIS
Surrounding Alcohol Outlets and population
within a 500' radius of the property there are a total of five
establishments with liquor licenses. (Attachment B) of the
five, one is for off-sale general spirits, one 1S for off-sale
beer and wine, one is a restaurant with an on-sale license for
general spirits, one is a restaurant with an on-sale license for
beer and wine and one is a private club which has a liquor
license.
Population density within the 500 foot radius is approximately
863 persons based on the 1980 census. The ABC guidelines state
that an overconcentration may occur if the area has more than one
establishment with an off-sale license for each 1,039 residents
in the area. Using this guideline, it appears that the two
stores with off-sale alcohol licenses are adequate to serve the
surrounding residential neighborhood.
The proposed project is also in less than two blocks from Santa
Monica High School and within one block of the Clare Foundation
alcoholic recovery home at 844 Pico Boulevard.
Additionally, neighbors of the project previously indicated that
they were concerned about the previous design of the proj ect
which had parking located at the alley because of the potential
for loitering and security problems. Planning staff believes
that a 24 hour convenience market which sells beer and wine has
the potential to cause loitering in the parking area and security
problems regardless if parking is located in the rear or front of
the site.
Similar Projects
On June 17, 1985 the Planning commission denied Conditional Use
Permit 383 to permit a new convenience market at 1801 Lincoln
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Boulevard to sell alcoholic beverages for off-site consumption.
This location is in the same block as the proposed project.
Subsequently the applicants appealed the decision and the - city
Council upheld the Commission's action to deny this permit.
Although this convenience market was an addition to an existing
self-service gasoline station, in making findings for denial the
Planning Commission cited the negative impact that this use could
have given its proximity to the high school and surrounding
residential uses.
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On April 22, 1986 the City Council on an appeal reversed the
Planning commission decision and denied conditional Use Permit
411 to permit an off-sale beer and wine license for an existing
convenience market at 2838 Santa Monica Boulevard. This
Condi tional Use Permit was denied on the basis of it's close
proximi ty to a residential neighborhood and that there already
existed an alcohol outlet within a 500 foot radius which was
found to be adequate to serve the residential population.
Conclusion
Although a convenience market with an off-sale beer and wine
license previously existed at this location planning staff
believes that replacing it with a new 24 hour market with beer
and wine sales for off-site consumption would not be appropriate
and would be inconsistent with the general provisions of
Ordinance 1319 (CCS). As stated in Ordinance 1319 the Planning
Commission shall consider whether the granting of this liquor
license will:
1. Adversely affect the welfare of the neighborhood residents.
2. contribute to an undue concentration of alcohol outlets in
the area, and
3. Detrimentally affect nearby residentially zoned neighborhoods
considering the distance of the alcohol outlet to residential
buildings, churches, schools, hospitals, playgrounds, parks
and other existing alcohol outlets.
Given this proposed project's proximity to the surrounding
residential neighborhood, Santa Monica High School and the
presence of two other businesses within a 500 foot radius which
sell alcohol for off-site consumption, it cannot be found that
the sales of beer and wine at this 24 hour convenience would not
be detrimental to the surrounding area. Therefore, while
planning staff supports a 24 hour market at this location, staff
cannot support the addition of beer and wine sales at this
market.
RECO!1:MENDATION
Planning staff respectfully recommends that the Planning
Commission approve DR 366 to permit a 2,400 sq.ft. 24 hour
convenience market and deny CUP 443 for the sale of beer and wine
at this market at 1865 Lincoln Boulevard with the following
findings and conditions.
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FINDINGS
1. The development is consistent with the findings and pur-
pose of Ordinance 1321 as set forth below.
The physical location and placement of proposed structures
on the site are compatible with and relate harmoniously to
surrounding sites and neighborhoods in that the conve-
nience market is located at the northwest corner of the
site, adjacent to Lincoln Boulevard so as to minimize the
impact on the residential neighborhood to the east.
3. The existing and/or proposed rights-of-way and facilities
for both pedestrian and automobile traffic will be ade-
quate to accommodate the anticipated results of the pro-
posed development including off-street parking facilities
and access thereto in that adequate parking will be pro-
vided to accommodate the demands generated by this
development.
2.
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4. The existing and/or proposed public and/or private health
and safety facilities (includingl but not limited to,
sanitation, sewers, storm drains, fire protection devices,
protective services, and public utilJ..t1es) will be ade-
quate to accommodate the anticipated results of the pro-
posed development.
5. The proposed development is consistent with the General
Plan of the city of Santa Honica and the Zoning Ordinance
in that the project will conform to the height, bulk, use
and urban design policies for the Lincoln Boulevard Com-
mercial Corridor as specified in the Land Use Element of
the General Plan and conforn to the appropriate C4 stan-
dards contained in the Zoning Ordinance.
FINDINGS FOR ALCOHOL OUTLET
1. The proposed use and location are not in accordance with
good zoning practice, or in the public interest in that
the sales of beer and wine for off-site consumption will
take place adjacent to a residential neighborhood with a
large number of multi-family residential buildings and
less than two blocks from the City's high school thus
creating a negative impact on the surrounding residential
neighborhood.
2. The proposed use is incompatible with existing and
potential uses within the general area; traffic or parking
congestion could result; the public health, safety, and
general welfare will not be protected; and harm to
adjacent properties will result in that the sales of
alcoholic beverages are likely to contribute to loitering
of customers which may be disruptive to the surrounding
residential neighborhood.
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3. The welfare of neighborhood residents t.,ill be adversely
affected in that the sale of beer and wine will be
available 24 hours seven days a week.
4.
The reestablishment of an alcohol outlet at this site with
off-premises sales would be detrimental to the area in
that there already exists two alcohol outlets within a 500
foot radius with off premises sales to serve the resident
population.
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CONDITIONS FOR 24 HOUR MARKET
1. Plans for final design, landscaping, screening, trash en-
closures, and signage shall be subject to review and ap-
proval by the Architectural Review Board.
2. Minor amendments to the plans shall be subject to approval
by the Director of Planning. 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.
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 appli-
cant, 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. The parking lot shall be striped, screened and landscaped
in conformance with Sec. 9127.J.l and Sec. 9129.F.7
(SMMC) .
6. Final parking lot layout and specifications shall be sub-
ject to the review and approval of the Parking and Traffic
Engineer.
7. Refuse areas, storage areas and mechanical equipment shall
be screened in accordance with Sec. 9127J.2-4 (s}n~C).
Refuse areas shall be of a size adequate to meet on-site
need.
8. 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.
9.
No noise
shall be
buildings.
generating compressors
placed adjacent to
or other such equipment
neighboring residential
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10. A security plan shall be approved by the Chief of Police
prior to issuance of a Certificate of Occupancy.
11. Street trees shall be maintained, relocated or provided as
required in a manner consistent with the City'S Tree Code
(Ord. 1242 CCS), per the specifications of the Department
of Recreation and Parks and the Department of General Ser-
vices. No street tree shall be removed without the ap-
proval of the Department of Recreation and Parks.
12. Street and/or alley lighting shall be provided on public
rights-of-way adjacent to the project if and as needed per
the specifications and with the approval of the Department
of General Services.
13. Any outdoor lighting shall be shielded and/or directed
away from adjacent residential properties, with any such
lighting not to exceed 0.5 foot candles of illur.lination
beyond the perimeter of the SUbJect property.
14. This determination shall not become effective for a period
of ten days (twenty days for Development Review Permits
and Conditional Use permits) from the date of determina-
tion or/ if appealed, until a final determination is made
on the appeal.
15. No alcoholic beverages shall be sold.
16. Video games shall be prohibited on-site.
17. 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.
Prepared by: Karen Rosenberg
Associate Planner
KR:ca
CUP443
11/24/86
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ATTACHMENT A
MUNICIPAL CODE AND GENERAL PLAN CONFOR}~NCE
Category
Permitted Use
Height
F.A.R.
Parking
Land Use
Municipal Code Element
C4: Highway
Commercial
Districts
permits,
retail and
general
commercial
uses
6 stories, 90'
NIA
8,157 sq. ft.
(includes
770 sq. ft.
build~ng)
@ 1:300 =
27 parking
spaces
Commercial
Corridor:
permits
service
commercial
uses
2 stories, 30'
1.0
Same as
l1unicipal Cede
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Project
,
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24 hour convenience
Market with beer
and wine sales
1 story, 17'10"
.42
27 parking spaces
prov~ded for
reta~l complex
.
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STATEMENT OF OFFICIAL ACTION
PROJECT
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NU1,IBER: DR 366, CUP 443
LOCATION: 1865 Lincoln Boulevard
APPLICANT: Andy Oldfield
REQUEST: To Permit the Installation of a 2400 square foot
24 Hour Convenience Market with an off-sale Beer
and Wine License at a Proposed Single story
Retail Complex
PLANNING COMMISSION ACTION
12/01/86
Date.
Approved based on the following findings and
subject to the conditions below.
Denied.
X Other. DR 366 Denied, CUP 443 Approved based on
the following Findings and subject to the Condi-
tions below.
FINDINGS FOR DENIAL OF 24 HOUR USE
1. The development is inconsistent with the findings and purpose
of Ordinance 1321 as set forth below.
2. The physical location and placement ,Of proposed structures on
the site are incompatible with and do not relate harnoniously
to surrounding sites and neighborhoods in that 24 hour uses
which include alcohol sales for off-site consumption are
likely to contribute to loitering of customers who are dis-
ruptive to the surrounding residential area.
3. The proposed development is inconsistent with the General
Plan of the City of Santa Monica in that the project does not
conform to Policy 1.1 in that a 24 hour use is likely to pro-
duce a negative impact on the quality of life in the adjacent
residential neighborhood by reason of increased noise and
loitering by customers.
ALCOHOL OUTLET FINDINGS.
L The proposed use and location are in accordance with good
zoning practice, in the public interest, and necessary that
substantial justice be done in that this convenience market
with beer and wine sales replaces a similar market previously
at this site and will be leased by the previous operator who
will utilize his existing beer and wine license.
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The proposed use is compatible with existing and potential
uses within the general area: traffic or parking congestion
will not result: the public health, safety, and general
welfare are protected: and no harm to adj acent properties
will result in that adequate parking is provided, hours of
operation will be limited as per condition 1 and ingress and
egress at the site will be limited to driveways on pica
Boulevard and Lincoln Boulevard.
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3. The welfare of neighborhood residents will not be adversely
affected in that conditions of approval will be requires to
mi tigate . the impact of this alcohol outlet in the
neighborhood by limiting the hours, prohibiting the sales of
fortified wines, single cans of beer, and pornographic
magazines.
5. There will be no detrimental affect on nearby residentially
zoned neighborhoods considering the distance of the alcohol
outlet to residential buildings, churches, schools,
hospi tals, playgrounds, parks, and other existing alcohol
outlets in that a convenience market with a beer and wine
license for off-site consumption was previously at this
location and in that the conditions for approval will
minimize the potential affect on the adjacent residential
uses.
ALCOHOL OUTLET CONDITIONS.
1. Parking lot illumination shall be provided and maintained.
2. The owner shall prohibit loitering in the parking area and
shall control noisy customers leaving the market.
3. Final plans for any changes to exte~ior design, landscaping,
trash enclosures, and/or signage shall be subject to review
and approval by the Architectural Review Board.
4. Hours shall be limited to 7:00 a.m. to 1:00 a.m. seven day
per week.
5. Beer shall be sold in six packs only. No individual cans of
beer shall be sold.
6. The sales of fortified wines shall be prohibited.
7. The sales of pornographic magazines shall be prohibited.
8. A pUblic telephone shall be provided inside the market.
CONDITIONS
1. 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
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modified by the Planning Commission, Architectural Review
Board, or Director of Planning.
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.
3.
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.
4.
Refuse areas, storage areas, and mechanical equipment shall
be screened in accordance with Sec. 9127J.2-4 (S}ll1C). Refuse
areas shall be of a size adequate to meet on-site need.
5.
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.
6.
No noise generating compressors or other such equipmen~ shall
be placed adjacent to neighboring residential buildings.
Video games shall be prohibited on-site.
7.
8.
At least one employee of the convenience market shall go into
the neighborhood at least once a day to pick-u.p trash fror:l
the market.
VOTE
Ayes:
Nays:
Abstain:
Absent:
Burns, Israel, Farivar, Latim~~
Hecht, Nelson
Perlman
I hereby certify that this statement of
accurately reflects the final determination
Commission of the City of Santa Monica.
Official Action
of the Planning
date
signature
print name and title
SF:ca
STCUP443
12/23/86
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