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C/ED:RAS:KR:nh
Councll Mtg: May 27, 1986
Santa Monlca, Californla
TO: Mayor and City Councll
FROM: Clty Staff
SUBJECT: Flndlngs for Adoption of Denlal of Condltional Use
Perml t 411, to Perml t the Sale of Off-Sale Beer and
Wlne at an EXlstlng Convenience Market, 2838 Santa
Monlca Boulevard. Appllcant: M. H. Khalili.
INTRODUCTION
On Aprl1 22, 1986, follow1ng a pub11c hearlng, the Clty Councll
upheld the appeal and denled the Condltlonal Use Permlt to permlt
the sale of off-sale beer and Wlne at an eXlsting conveh1ence
market at 2838 Santa Monlca Boulevard.
The follow1ng flnd1ngs
for deh1al are recommended for approval.
BACKGROUND
Findings
1. On December 20,1985, M. H. Khalll1 ("Applicant") filed an
appl1 ca tion for Cond it ional Us e Permit 411 ( "CUP 411")
wlth the Plannlng and Zonlng D1V1Slon of the City of Santa
Monlca. CUP 411 sought approval to establish 2838 Santa
Monica Boulevard as an alcohol outlet to permit the
off-premises sale of wine and beer from an eXlstlng
conven1ence market.
2. The premlses at 2838 Santa Mon1ca Boulevard is owned by
John L. Stern and lS leased to Mr. Khallll. Mr. Stern did
not J01n 1n the appllcation for CUP 411 and flIed a letter
opposing the approval of CUP 411.
3. CUP 411 was reviewed pursuant to the Inter1m Condit1onal
Use Permi t Approval Process for New and EXlsting
Alcohol-Serv1ng Buslnesses adopted pursuant to Ordinance
Number 1319 (CCS). This ord1nance provides that in
process1ng a condltional use permit, the City shall follow
the procedures set forth 1.0 Santa MOh1ca MUnlC1.pa1 Code
Sectlon 9148.
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4. On March 3, 1986, the City of Santa Monlca Planning
Cornmisslon ( "P1ann1ng Cornmlsslon" ) conducted a duly
notlced publlC hearlng on CUP 411. Documentary and
testlmonial evidence was SUbffil tted lnto the record and
conSldered by the P1annlng Cornmisslon.
5. At the concluslon of the public hearlng, the Plannlng
cOffiIIlisslon voted 4-1 to approve CUP 411 for a period of
one year subJect to annual reVlew by the Plannlng
COnllU1SSlon.
6. On March 5, 1986, Santa Monlca Clty Councl1mernber Herbert
Katz appealed the Plannlng COnllU1SS10n approval of CUP 411.
7. On April 22, 1986, the Santa Monlca Clty Councl1 ("Clty
Council") conducted a duly not1ced publlC hearlng on the
appeal of CUP 411. Documentary and testlffionial evidence
was submitted lutO the record and consldered by the Clty
Councl1.
8. On Aprll 22, 1986, the City Councl1 voted to uphold the
appeal and deny CUP 411.
9. POIlCY 1.2.4 of the Land Use Element of the General Plan
of the Clty of Santa Monica ("Land Use Element") provides
that the Clty shall 11mlt the number or control the
location or otherwlse mltlgate the impact of alcohol
outlets to avold an overconcentratlon of such uses.
10. The proposed slte for CUP 411 is located In an area 1n
WhlCh there currently eX1sts numerous alcohol outlets.
Wl thln one block to the east of the site at 2933 Santa
Monlca Boulevard lS a 11quor store wlth a general off-sale
11quor l1cense. On Santa Monica Boulevard between 25th
Street and 31st Street are a total of SlX alcohol outlets
including two licenses for off-sale general splrlts, three
llcenses for beer and Wlne for Bona Fide PubllC Eating
Places and one license for on-premlses beer and Wlne
sales.
11. The AlcohollC Beverage Control ("ABC") Department has
establlshed guidellnes WhlCh provlde that an
overconcentratlon may occur lf an area has more than one
off-sale alcohol license for each 1,039 res1dents in an
area. The City of Santa Monlca has determlned that the
ABC standard for overconcentratlon lS a reasonable
standard WhlCh the Clty has applied in similar sltuations
in the past. The ABC also does not currently prohibit the
off-premlses consumption of alcohol purchased from
restaurants wlth on-sale beer and wine licenses.
12. ApproXlmately 1,071 persons reslde wthln a 500 foot radius
of 2838 Santa Monlca Boulevard based upon the 1980 census.
The approval of CUP 411 would result in at least two
off-sale alcohol llcenses serVlng these 1,071 persons
WhlCh would result in an overconcentration of off-sale
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alcohol llcenses 10 thlS area. This overconcentratlon lS
further exacerbated by the large number of other alcohol
licenses in the lrnmedlate vlclnlty WhlCh permit
off-premlses consumption of alcohol.
l3. The City cannot make the findings to approve CUP 411 WhlCh
are requlred by Santa Monlca Municlpal Code Sectlon
9148B3.
14.
The proposed slte of CUP 411 at
Boulevard lS located in an
multlple-resldential area. Within 20
the Chrlstian and Misslonary Alllance
Street.
2838 Santa Monica
extremely dense
feet of the slte lS
Church at 1420 Yale
15. It has been the experlence of the Cl ty of Santa Monlca
that off-premlses consumption of alcohol results in
lncreased Iltter, noise and crime. These adverse lmpacts
are particularly dlsturblng when they occur ln densely
populated areas. For thlS reason, the proposed use and
locatlon for CUP 411 lS not ln accordance wlth good zoning
practlce or ln the publlC lnterest.
BUDGET/FISCAL IMPACT
The recommendations presented 10 this report do not have a
budget/flscal impact.
RECOMMENDATION
Staff respectfully recommends that the Cl ty Council approve the
flndlngs for denlal as submltted ln the staff report.
Prepared by: R. Ann Slracusa, Dlrector of P1annlng
Suzanne Frlck, Actlng Prlnclpal Planner
Karen Rosenberg. Assoclate Planner
Clty Plannlng D1V1Slon
Communlty and Economic Development Department
KR:nh
CC3
5-21-86
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