SR-6-O (3)
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JAN 1 0 J9B4
CA:R!1M: Jsh
City Counell Meeting 1-10-84
Santa Monica, California
TO:
Mayor and City Council
FROM:
Robert M. Myers, City Attorney
Jonathan S. Horne, Deputy City Attorney
SUBJECT:
Flndings ana Declslon Regarding Appeal of
Develop~ent Review 172 and Use Perm~t 349,
Construction of Self-Servlce Gas Station
and Snack Shop at 731 Santa Monica Boulevard
At its meetlng on December 13, 1983. the City Caunell
dlrected the Clty Attorney to prepare findlngs concerning the
approval of the appeal ln the above-entitled proceeding.
RECOMMENDATION
It 1$ respectfully recoJ1"lmended that the fol1owlng
findinqs anrl declslon be adopted by the Clty Council:
FINDINGS OF FACT
1. The Mobl1 oil Corporatlon has flIed Development
Review 172 ann Use Permit 349 for the demolit1.on of an
existing conventional service station and the constructlon of
a 24-hour se1f-serVlce gas stat10n and snack shop at 731
Santa Honica Bou levard.
DevelopMent Review 172 and Use
Permlt 349 were denled by the Planning COMmisslon on
September 19, 1983. A timely appeal to the City Council was
filed.
2. The proposed gas station component would include a
24' by 83' canopy covering the gasoline pump island and the
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entrance to the snack shop. Three parklng spaces would be
provided along the west property Ilne.
3. The proposed snack shop component would be
conta~ned with~n a 772-square foot structure ~ncluding a
securl ty enclosure for the cashler. There would also be a
161 square foot- restroom/ storage bm.ldlng in the northwest
corner of the slte. As proposed, the snack shop would sell
miscellaneous impu15e i te1'1S such as candy, potato chips,
nuts, soft drinks, beer and wine.
4. The proposed development site 1S 100' by 100' and
~s located in the C-4 (H1ghway COll1l"1ere ial) Di str ie t. The
si te is 51 tuated on L~ncoln Boulevard Which lS the primary
north-south arterlal 1.n the ci ty Which currently conta1.ns a
dense concentratlon of eOM.IPercial uses, ine 1 uding many
automoblle related serVlces.
5. Pursuant to Seetlon 9117A of the Santa Monlea
Municipal Code, autOI'1ob~le serv~ee statlons are a permltted
use 1.n the C-4 D~str1.ct sUbJect to the issuance of a Use
Permlt. Use permits are ~ssued pursuant to Seet~on 9146 of
the Santa Mon1.ca Municlpal Code.
6.
Resolution 6385
(CCS) establishes a two story,
thlrty foot he19ht limit for this locatlon. The proposed
development does not exceed elther of these height limits.
7. Seetlon 9129Fl(B) of the Municlpal Coce provices
that the proposed developnent shall provide one square foot
of parklng area for each square foot of adjusted floor area
or one parkln? space for each 300 square feet of ad j us ted
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floor area. The Municipal Code ~s s~lent regarding the
parking requ~rements for gas stations. Based upon a total of
933 square feet of improvements (772 + 161), the proposed
developMent must prov~0e 3 off-street parking spaces.
8. The C~ty of Santa Mon~ca has a longstanding pol~cy
opposing the unreoula ted prollferation of establ1shrnents
which sell alcoholic beverages. This policy 1S based, 1n
part, upon law enforcement problems associated t-lith such
estab11shments. These probleMs are particularly acute Where
alcoholic beverages are sold from 24-hour convenlence stores
wh~ch are part~cularly 1nv~ting targets for cr~Plina1s.
Pol~ce Chief James Keane has stated h1S OpPOS1 t10n to this
proJect and similar proJects which sell alcoholic beverages
~n the downtown area.
9. The standard for approving a Development Review
ProJect pursuant to Ordinance Number 1251 (CCS) requ~res that
the follow~ng findlngs must be made ~n approving or
conditionally approvlng developMent:
a. The neve10pment 1S consistent with tpe flndinqs
and purpose of this ordlnance.
b. The exjst~ng and/or proposed rights-of-way for
both pedestrlan and automobile traffic wlll be adequate to
accommodate the anticlpated results of the proposed
development lncl udlng off- str eet park1ng fac ill tle sand
access thereto.
prlvate
he al th and
safety
and/or proposed publlC and/or
faClllties (lncludlng, but not
c. The
eXlstlng
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llmi ted to, sanitary, sewers, storm drains, fire protection
deVlces, protective serVlces,
adequa te to ac cOf[lmoda te the
proposed development.
n. The proposed
and public utilities)
anticlpated results
wi 11 be
of the
plans
comply Wl th
eXlstlng
regulations contalned in the Municlpal Code.
e. The proposed development will not preJudice the
ability of the Clty to adopt a revised land use element.
Pursuant to Sectlon 5(d) of Ordinance Number 1251 (CCS),
conditlons may be attached to the a~proval of a development
permit Which are necessary to ensure that the above crlteria
are accompllshed.
10. The standard for issuin0 a Use Permit pursuant to
Sectlon 9l46B of the Municipal Code requlres a findlng that
the use and locatlon of the propose~ development must be in
ac cordance W1 th good zoning practice and neces sary in order
to ensure that substantlal Justlce be done. A Use Permit may
be approved subJect to condltions which wlll protect the
publlC health, safety and welfare.
11. A prohlbitlon agalnst the sale of alcoholic
beverages is necessary to minlrnlze the crime problems
assoclated wlth this 24-hour establishment and to ensure that
eXlsting protectlve service wlll be adequate to protect the
publlC health and safety.
12. The removal of the existina underground storage
tanks and llnes is necessary to ellminate the possibllity of
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spontaneous explosion or pollution of underground water
supplies.
13. The proposed developMent is cons1stent Wlth the
f1ndings and purposes of Ordinance Number 1251 (CCS) because
l. t 1S cons istent with current land uses in the district, 1S
conSl.stent w1th public health, safety, and welfare, and
represents a balance of communi ty needs and the orderly
development of the co~unlty.
14. Llncoln Boulevard 1S adequate to accommodate the
traff1c wInch would be generated by the development and 1t
provldes adequate off-street parking.
15. SubJect to the prohib1t1on agalnst alcohollC
beverages and the removal of the underground storage tanks
and plpes, the existlng health and safety facllities of the
Clty will be adequate to accoMmodate the antlc1pated results
of the proposed develop~ent.
16. The proposed develop~ent complies wlth all
proVlslons of the Mun1clpal Code.
17. The Draft Land Use Elenent proposes that the
development Sl te be cons1dered for rezoning as a General
Commerclal Dlstrict. Section Ql16A(7) of the Municipal Code,
adopted in 1968, prohlbits autoMobile service statlons in the
C-3 General Co~erclal Dlstrict. As of this tlme it is not
known whether the extension of the C-3 Dlstrict to the
deve10pwent slte wlll lnclude the prohibltlon against
automobile serVlce stations.
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18.
Due
to
the
relatlvely
small
size of thls
development, the uncerta1nty of the prospective prohibition
against automob1le serVlce statlons in the C-3 Distr1ct, and
the fact that a serVlce station currently exists on the
development Sl te, 1t is found that the development of th1S
proJect w1II not preJudice the ab1lity of the Clty to adopt a
revised land use element.
19. The issuance of a Use Permlt for the proposed
development 1S conslstent with good Zonlng practlce and is
necessary to ensure that substantial Justice wlll be done.
DECISION
SUbJect to the followlng conditions, Developnent Review
172 and Use Permit 349 are approved:
1. No alcoholic beverages shall be sold or dispensed
at the subject property.
2. The exist1ng underground storage tanks ann plpes
must be removed prior to the commencement of constructlon of
the proposed development proJect and all new underground
storage tanks shall comply with all applicable laws includlng
Ordlnance NUMber 1291 (CCS).
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