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SR-7-B (10) .. 7-~ OCT 1 3 1992 LUTM:PB:DKW:DMjCCSR9228.pcword.plan Council Mtq: October 13, 1992 Santa Monica, California TO: Mayor and City council "...., -- OCT 2 7 1992 FROM: City staff SUBJECT: Appeal of Conditional Use Permit and Reduced Parking Permit to allow the operation of a 19,486 square foot, 699-seat restaurant and entertainment facility with a Type-47 (on-sale general) alcohol license at 370 Santa Monica Pier. Conditional Use Permit 92-028 Reduced Parking Permit 92-003 Applicant: Russel Barnard/City of Santa Monica Appellant: Stephanie Barbanell INTRODUCTION This report recommends that the city Council deny the appeals and uphold the Planning Commission's approval of Conditional Use Permit 92-028 and Reduced Parking Permit 92-003. BACKGROUND The proposed project will involve the demolition of the existing Sinbad's and American Grill buildings. The new building will be a re-creation of the Sinbad's building with an adjacent two-story structure. The building will appear to be two distinct struc- tures from the exterior, but will function as one interior space. The project will contain a total of 15,708 square feet of interi- or space and 3,778 square feet of exterior space. The restaurant/entertainment facility will provide a variety of seating options including interior seating, exterior ground level seating and deck level patios. The first floor will consist of a - 1 - .. - I""~ OCT 1 3 1992 OCT 2 7 1992 ~ ,. ,.... ~ \~ kitchen, cafe, retail space and an entertainment showroom featur- ing live entertainment and dancing. The mezzanine will include banquet/meeting rooms, restrooms, offices, dressing rooms and storage. The second floor will feature a "table-clothl1 type res- taurant with a small lounge, a dining room, patio seating and 1 i ve entertainment. The type of entertainment in the second floor restaurant will include small acts such as string or jazz quartets, piano/vocalist, or poetry readings. The applicant is requesting that the project be approved with a total of 19,486 square feet of floor area and a maximum of 699 seats. The actual number of seats and configuration of seating plans will vary, depending on time of year and type of entertainment being offered. An Administrative Approval is pending to allow the construction and operation of the two-story plus mezzanine restaurant with live entertainment and dancing and an ancillary retail use. The approval of the Reduced Parking Permit is required prior to the issuance of the Administrative Approval. In April of 1992, the City council approved the Santa Monica pier Development project, which included renovation of some existing Pier buildings and addition of the Fun Zone. The shared parking analysis contained in the Environmental Impact Report certified by the city Council for the pier Development proj ect concluded that there would be approximately 68,085 square feet of res- taurant/entertainment space and a total of approximately 2,270 -" -, .. '" - 2 - l . restaurant seats associated with the redeveloped Pier. This num- ber included consideration of the Ash Grove and Sinbad' s proj- ects. The parking analysis stated that there is currently ade- quate parking available to meet the parking demand for the new restaurants and entertainment uses. A Conditional Use Permit and Reduced Parking Permit for the Ashgrove are the subject of a sep- arate action, also pending before the City Council. In May of 1992, the city Council approved an Alcoholic Beverage Service Policy statement for the Santa Monica Pier. While the proposed policy statement recommended by the pier Restoration corporation included a limit on the number of alcohol outlets to be permitted on the Pier / the Council's action did not set a numerical limit, but stated that each alcohol permit application should be reviewed on its own merits, until a pier Master Plan is adopted. On August 26, 1992, the Planning commission approved a Condition- al Use Permit and Reduced Parking Permit to allow the issuance of a Type-47 alcohol license for Sinbad's. The commission approved the project by a vote of four to one, with one Commissioner ab- sent and one Commissioner abstaining. On August 27, 1992, the applicant appealed one of the Planning Commission's conditions of approval, and on September 9, 1992, Stephanie Barbanell appealed the overall approval of the project. - 3 - - ~ ANALYSIS Reduced parking Permit Code required parking for the proposed restaurant/entertainment facility would be 281 spaces based on a ratio of one space for every 50 square feet of bar area and one space for every 75 square feet of restaurant area. The applicant has applied for a Reduced parking Permit to allow a reduction of the required num- ber of parking spaces based on the fact that shared parking is characteristic of the pier and the adjacent beach lots. The En- vironmenta1 Impact Report certified by the City Council for the pier Development Project included a parking analysis which con- cluded that there are enough existing parking spaces to accommo- date the existing demand from the Pier, as well as the demand which would be generated by the Ash Grove and Sinbad's projects. There are currently 1,210 parking spaces that serve the Pier, with 272 spaces in the Pier surface parking lot, 75 spaces at 1640 Appian Way, 706 spaces at 1550 Pacific Coast Highway, and 157 spaces at 1440 Pacific Coast Highway. The EIR concludes that the existing peak parking demand for the pier is 939 spaces, and that the parking demand for the Ash Grove and Sinbad's would be 101 spaces for a total of 1,040 spaces. This results in a sur- plus of 170 spaces. During the evenings, which are expected to be the peak demand period for the subj ect facility, there are substantial parking resources available due to the lack of beach parking demand. Based on these calculations, staff is recommend- ing approval of the Reduced Parking Permit. - 4 - Alcohol License According to the list of alcohol licenses in the city of Santa Monica as of May 11, 1992, published by the ABC, within a 500' radius of the site, there is one Type-40 (on-sale beer) license, five Type-4l (on-sale beer and wine) licenses and two Type-47 (on-sale general) licenses. These include the following: Type 40 (On-Sale Beer) Mermaid Cafe (42 seats} 1557 Ocean Front Walk Type 41 (On-Sale Beer and Wine for Eating Place) 8M Pier seafood (115 seats) 258 Santa Monica Pier surf View Cafe (80 seats) 330 Santa Monica pier American Grill (36 seats) 378 Santa Monica Pier Jackls on the pier (58 seats) 390 Santa Monica pier Big Dean's Cafe (64 seats) 1613 Ocean Front Walk Type 47 (On-Sale General for Eating Place) Boathouse Restaurant Crown and Anchor (332 seats) 301 Santa Monica pier (114 seats) 256 Santa Monica pier In addition to 'the outlets listed above, in May of 1992, the Planning Commission approved a Conditional Use Permit to allow the issuance of a Type-47 alcohol license for a new restaurant to be located at 401 Santa Monica Pier. Planning staff has spoken to repr~=~ntatives from the Police De- partment regarding alcohol outlets on the Pier. with regard to - 5 - alcohol sales on the Pier in general, Police Department staff have stated that the majority of alcohol problems on the Pier and in the vicinity result from people who buy alcohol at an off-sale location and bring it to the pier or the beach, rather than peo- ple who consume alcohol in Pier restaurants. Regarding the clos- ing time of pier alcohol outlets, Police Department staff have stated that they do not have significant concerns about es- tablishments on the Pier being open until 2:00 A.M., although shorter hours of operation typically result in fewer disturban- ces. A full complement of security personnel are on duty at the latest allowable closing time. Appeals As stated in the attached appeal form dated 09/01/92 (Attachment A), the applicant appealed one of the Planning commission condi- tions of approval. However, since that time, the applicant IS appeal has been withdrawn. The second appeal of the Planning commission approval was filed on September 9, 1992, by Stephanie Barbanell (Attachment B). Ms Barbanell appealed the approval based on her concern about the number of alcohol outlets within the area of the Pier, and her contention that the approval of the project violates portions of the Alcohol Outlet Section of the Zoning Ordinance. The appel- lant states that there should not be any more alcohol outlets in the area of the pier based on the ABC definition of overcon- centration which relates to the number of alcohol outlets in a - 6 - TI given census tract to the amount of crime. However, the ABC def- inition is a guideline which may be used by the ABC to deny an alcohol license, but denial is not a requirement for the ABC or local jurisdictions. While the Zoning Ordinance does not contain a definition of "undue concentration" I staff is recommending in the citywide Alcohol Policy that numerical limits, similar to the ones in effect on Main street, be established for the Santa Moni- ca Pier and the Bayside District specific Plan area. These are the areas where, due to the high numbers of out of town visitors and the concentration of visitor-serving uses, there is a high demand for a large number of eating and drinking establishments and a potential for over concentration of alcohol outlets. A numerical limit is one way of dealing with the potential of over- concerntration and has been utilized on Main street and the Prom- enade. However, as noted above, the Council decided not to adopt a limit for the pier until a complete Pier Master Plan is adopted. The appellant also raises several issues related to the sale and consumption of alcohol and the impact of alcohol outlets on the health and safety of neighboring residents and the general population. Through the establishment of a Citywide Alcohol Policy, the Planning Commission and staff are recommending several amendments to the alcohol section of the Zoning Ordinance to ensure that alcohol outlets are operated in a manner not detrimental to surrounding residents. Furthermore, the proposed alcohol license is for an establishment where alcohol would be - 7 - " ancillary to the primary use as an entertainment and restaurant facility. Conclusion The RVC District standards of the zoning Ordinance permit res- taurant and entertainment uses on the Pier. The sale of alcohol would be ancillary to the primary use of the premises as a res- taurant and entertainment venue. Previous Council actions indi- cated a policy of a case by case decision on new alcohol permits prior to the adoption of a pier Master Plan. In staff's view, no new evidence has been presented which would lead staff to recom- mend approval of the appeal. BUDGET/FINANCIAL IMPACT The recommendation presented in this report does not have any budget or fiscal impact. RECOMMENDATION It is respectfully recommended that the Council deny the appeal and approve Conditional Use Permit 92-028 and Reduced Parking Permit 92-003 with the findings and conditions contained in the Planning commission statement of Official Action (Attachment C). Prepared by: D. Kenyon Webster, Planning Manager David Martin, Associate Planner Planning Division Land Use and Transportation Management Department Attachments: A. Appeal form dated 09/01/92 B. Appeal form dated 09/09/92 C. Planning Commission statement of Official Action - 8 - ATTACHMENT A CIty of Santa Monica Community and EconomiC Develooment Department Plannrng and Zoning Dlvlslon (213} 458-8341 APPEAL FORM FEE' $100.00 Date Filed Received by Receipt No ,4'1C-OCt t (~/. /<-1 '"2- ~ ( "1 -....- Name CITY OF SANTA MONICA/RUSSEL BARNARD Addre~ 200 SANTA MONICA PIER Contact Person JOHN GILCHRIST/RUSSEL BARNARD Phone (310) 458-89001 (310) 392-8301 Please descnbe the project and declSlOn to be appealed Approval of condl tlonal use perml t CUP 92-028 to allow the ~ssuance of a type-47 (on sale general for bona flde eatinq place) alcohol license for a 19,486 square foot, 699 seat restaurant and entertalnment faclllty at 370 Santa Monlca Pler. Case Number Address Applicant Onglnal hearing date Onglnal aChon CUP 92-028 370 SANTA MONICA PIER CITY OF SANTA MONICAl RUSSEL BARNARD AUGUST 19, 1992 AUGUST 26r 1992 Please state the specIfIC reason(s) lor the appeal The CUP for thlS locatlon was approved wlth 23 condltlons lncludlng #16 WhlCh requlres that among other condltlons "No lntenslty of operation shall occur wlthout prlor approval from the Clty of Santa Monlca and State ABC." ThlS condltlon lS unacceptable because ~t lS va~ue, undeflned and establlshes no measurable crlterla for hlntenslty of operatlon". Russel Barnard could be sublect to arbltrary appl1cation of thlS condltlon requ1rlnq a new CUP and potentlal loss of the ABC 11cense. /7 _ 2 . If addltronal space IS needed, use back oln Signature ~ t ~ Dale .s:-~~ /, /Y1"z-- t/ (/ '/ 000u9 ATTACHMENT B Cl~ of Santa Monica Commumty ard EconomiC Development Department Planning and Zoning DlvtskIn (213) 458-8341 APPEAL FORM Feu L~ OO~,~ , :: ~;;.!;- m l'L/-o"l. . ~-,l...": Date Fded ReceIVed by Receipt No A'\Z-DZ-2. ~ ;'1 (~?- '51,."'; IE I B -;. ~ <1 b Vl ~p -9 P3:23 Name . c:.,-~, f) n (, '0/. , (.... < P fI Ir b (i tr1 {,..r I Address 1:- '-S<?'_ Gt J..J ,e.e ..!. ~ -r-..e--iJ-. Contact Person <JeI~ c.~..\ $ ~~ Phone ?I51 - ??(- - ~ -:2... {- .. -' PleasedescnbetheproJectanddectSlOnlObeappealed ~L'-P .~q -(;::'J fit " P..;-,-J,JirEd Pt,--rh-I~'"':.-/.. H"' II'Y' ,~ q '1.. - C'O.a.; -3 ;'-1 c: c~s. c.___v \ +r.. ~C-'.'1 d" A P, <:- r, (;::, ~ , A cVil,::l. : . 'r. J\ + -,-- I L /' C ~ J +- '. - '/_ i.,'" ..:... I~...> r 1(, n' r !,;,)i.' C pp rnA7 r; () n c;.: (('). ~,r-"-J-_ rc?S.- ~1J}) '.l J.,<f 11-'; / ~ -i"""-€' r ~ f Vl I-'YI ~-...'1 .f- -1 C\. +.1 De 4- f ~I (ij ,... hn 1 I; ': (0'\ s C , - ~ I R'e -'> - , d f-.r1 i-- , --;-- I 1,'1 ("'_,'Ls....' s.. : r.: c ~ 7 [JJ <"1 Case Number Address ;S? r, - <'Y'R k. H t;j ,('" C PIC' (- Apphcant R' J ccy.) ~ I Gl r- "~f'" i ('-.! -l-r....f C"..,; +- -.S '-L.-i.-1. 'f--r. _ H r- n ! (":4 Onglnal heanng date I~ ,\ (1, ;::2, 1.:? I / q '1 ~. . Onglnal action A ,o,"'l-J, if" r~ . I . Please state the spectflc relSOn(S) tor the appeal ke c~. I C'_~ "I- C_.. ~ / (' f". I , VI C"'.....( I +0 d {J ~. ; r;~ rr r (' V(,-, ( or- ~Vi t_ r V~p q- PI\-i<-.t:J I~'\j ~ PGR-H IT c i0 Tl-+FO -!-F/ I J -'"f';{ . ; 110 (.., <. G.... R [,! 1-,("1 d.s~ \"'\ 1\'\ f' ..f\, r' ....., h~) I :== i n ~ I l'l 3 ~ 1\ r., .n 1"\ .."1 C4 (~ (VI t'V'"l1 ~ ~ I 0 f"') \ . - , . .. ...J A ~{' t~1 ,"1 ~--{.,' f- A Ie. rtE'.r .S.u-.b lr"Yl I +-- t-~d -t-c -L{;-, F . rt r. k"{ A-t).l.- I q. I c., .::, L - 5,~ e...- A) ((") ",-C, \ cJ---' hr> -h.-L{Lt'"\ t..,J e--t .c_ . 0 F"h. CHJI c tTld?_TS a.. -4,...,.e. E?-t-"tkr-k, VI rYlP_Vl {- ,oe/, cre.~ 6~ +C1 j-_C ~.- r . . ..... t ~ h n'n~-'+-- [~"_hlP ~.....-x....tle-t be pcc:-s., .le 0; .J ...... --- 3/ ~::>\C.'\'Yl1t=\ ('~.f- 1)1 r:./o hens Or-I-tl~ i"'n l-enr- ~ pc.rf1oflS oF'--!ft'f-' f;~, er-"jff':XIlfi.~J..... S..A..hck.tple-r ~r -A1c:rhof Tx.~f/~:>f:s .Se.(:),nfle- 'qo'tqCiL- )rI~}n<;/(N .-..s~- lel-kr- -kJ R{;~~f- l'1',u ers from k'LI1 Sc.~-!c-Yl1 tLLt. - ITV.i::n 5/ ! C, q ~ - A 1IA-c_~./" B ) ~ ~ "t) t--J()' c d-V 1 f tf (1/ h rJ n (~i'l [t fILU'Y/':'n (~tt J ~~~Md... ",d for (...( n -1 j}e. - (!Cfl (C,,",_V1 h---c...t7 0 n cl 9V~- - 0("') r1 C!.- et1 ~ 0 '1 Ai If addiIIonaI-1S needed. use back of bm J~_ A ~ I 0Gvju SlQnature_ ~ 'lI~.1.L- _ Date ~ P 1-'1! rl q '} - -0 Neg l eC!. f- of ()e.{~hbor hcai hea..l fVl) w cl fed-e ~ Scik-k( (~) August 19, 1992 A\c:ohot A tto-cJYm::.n -L At. r-l r\~ ; Vl_SS -& 3pu-jes) Planning commission 1685 Main Street Santa Monica, California 90401 Re: CUP Permits 92-026 and 92-028 and Reduced Parking Permits 92- 002 and 92-003 to 250 santa Monica Pier and 370 Santa Monica pier Respectively. This is a sta~f alcphol fin~ings__ wi th respect to the above mentioned locations for the purposes of recommending denial of item B-D and 8-E permits. Dear Planning Commissioners: No new alcohol outlets should be allowed on the Santa Monica Pier which is located in Census Tract 7019 and is located in Santa Monica's Police Beat 2 for the following reasons: A. Total number of allowable on-sale alcohol outlets for the entire census tract is 3 . The Pier contains 7 outlets already. (Those nu~hers should be reduced - if anything on public owned property.) B. The proposed alcohol outlets on the Pier will adversely affect the welfare of the neighborhood in a significant manner in that the addition of any alcohol outlets will contribute to the undue concentration of outlets on the Pier and in the immediate area. It will add to the pre-existing tremendous alcohol availability which in turn adds to the alcohol consumption and consequently to the alcohol related problems including violent crime, drunk driving and public nuisance. (See crime statistics.) C. The proposed alcohol outleb on the pier will detrimentally affect nearby neighborhoods considering the distance of the alcohol outlet to residential buildings on Seaside Terrace, Arcadia Terrace, Vincente Terrace, Seaview Terrace, The Promenade and Appian Way and considering the distance to other alcohol outlets on the pier and to playgrounds (the carousel, the volleyball courts, the beach parkland where the consumption of alcohol is a violation of the law and the two children's parks at the beach - adjacent to the pier.) D. Traffic and parking congestion will result from granting any addi tional alcohol outlets and the reduction of parking spaces that are proposed. The pier Restoration EIR was approved with over-riding consideration because the traffic impact could not OOGii Page II Planning Commission rtugl,.l.st 19, 1992 be mitigated. This is because that EIR determined that ten major intersections surrounding the Pier are already operating at an "F" rating. 1,000 seats in Beat 2 night clubs will only add to the traffic and parking congestion. E. The addition of any more alcohol outlets would be in conflict wi th Land Use Element sections 1.2 and 1.2.4, and zoning ordinance sub-chapter 5J, section 9049.1 and therefore the objectives of the General Plan would not be secured. F. The public health, safety and general welfare are not protected due to the fact that there is already undue concentration of alcohol outlets in the area where the pier is located. It is a high crime area in that 54.1% above the average amount of crime per crime reporting district in Santa Monica occurs in Beat 2 in which the Pier is located. Additionally, 450% above the average amount of alcohol arrests between the years 1987 and 1990 has occurred in that same crime reporting Beat 2. Additionally, as per the letter of the director of the ABC t S department to District Attorney Ira Reiner, there is no ABC enforcement of alcohol laws taking place currently. Also, the CIa. re Foundation, the lead alcoholic recovery organization, has determined that the addition of any more alcohol outlets in Census Tract 7019 would impede their ability to help their current case load. This would suggest that there is not adequate amount of police protection or public health services to handle the pre- existing problem and there can be no justification for allowing any further outlets. That would simply be poor land use planning and poor economics. Additional Considerations: 1. Cinco De Mayo festivities 1992, and 4th of July festivities at the pier were cancelled due to budgetary considerations, specifically the crowd control management costs - This before we have 1,000 more seats where alcohol may be served on the Pier. 2. The Thursday Night Concert Series at the Pier that already provides free multi-cultural, blues and jazz offerings, creates a packed Pier whose capacity load is 67,000 people and this is without the two proposed restaurants that add 1,000 seats where alcohol is served. r.."r ,." v U u 1 '.. Page III Planning Commission 1.ugust 19, 1992 3. Fiscally, there exists no cost benefit analysis of the revenue benefits from increased alcohol sales compared to the cost of alcohol related services. However, based on the 1991 Los Angeles County alcohol related services manual, for every dollar of alcohol revenue collected by the county of Los Angeles, it costs $172 in alcohol related services. 4. It is wholly inappropriate to have children · s performances where alcohol is beinq served. Included in this Pier alcohol fact finding report are the following attachments: 1. pier capacity load determination by the Santa Monica Fire Department. 2. Santa Monica Police crime statistics for Beat 2. 3. Census Tract 7019 information. 4. Undue Concentration Rule 61.3. 5. Two related maps. 6. Lifeguard study of alcohol and drowning findings. 7. Los Angeles County alcohol related services manual findinqs. 8. Cla.re Foundation letter. 9. ABC Director's letter to Ira Reiner. I~. \A.le.u-..;. oS% Dw L ~.It1R-T S1ncerely, I "L I '. A ~ /~ ~~~' Stephanie Barbanell Santa Monica, California SB/lc ~ S. II ~ 8AeK G e.cx...e AJj) 1 Kit-TIE f2J A LS ClaTe- ct Sept 1} ) 'i 7 L u0013 SANTA MONICA FIRE DEPARTME~T:ADMl"lSTRATIO" JOHN M MONTENERO FIRE CHIEF (3' D) 458-865' BUREAU OF FIRE PRE\ E'\TIO'\ CRAIG L COLLIER FIRE MARSHAL. (310) 458-8669 INFORMATION BULLETIN PIER OCCUPANT LOAD - JULY 1991 ---- occupant loads are determined by using the Uniform Building Code, Chapter 33, section 3302 and Table 33A. Piers are not included in Table 33A because they only determine occupant loads for buildings. The Fire Department felt that the pier is best described as an assembly area, concentrated use, which calls for an occupant load factor of 7 square feet per person. Based on that figure and taking the square footage of the pier, the occupant load would be 28,914. It should be noted that if it was determined that a factor of 3 was used, as called for in that same section, under waiting area, the occupant load would be increased to 67,466. Parking Lot 90,100 sg. ft. Concert Area 59,500 sq. ft. Municipal Pier , Boardwalk 52,000 sq. ft. . , Total Pier square footage 202,400 sq. ft. PierlO/91 . ... E?< Ht81~ 7 FAX NUMBER (3' 0) 395-3395 1444 7TH STREET . SANTA MONICA, CALIFORNIA 9040'-4012 ~ ,.. r < It V V V J. 'i .. T'E: Of: CAUFORNlA. _ BUSINESS. TRANSPOATA'T1OJiI AND MOUSING AGENCY PETE 'M1.S0N Governor PARTMENT OF ALCOHOUC BEVERAGE CONTROL 191ewooa D~str~ct office le Manchester Blvd., 2nd Floor .0. Box 6500 191ewood, California 90306 213)412-6311 ~ October 22, 1991 Stephanie Barbanell 16 Seaview Terrace santa Monica, CA 90401 Dear Ks. Barbanell: The following shows information you requested: 7019 2472 ON-SALE OFF-SALE ~LLOWED-EXIST ~LLOWED-EXIST 3 92 3 12 6 9 5 8 7 23 6 4 CENSUS 'l'RAC'l' POPULATION 7020 5483 7021 6240 The population is based on 1990 census figures. The enclosure shows the method of computing the number of licenses allowed based on the population. :~, ~~~~ Grey District Administrator GLG/Sp Ene. 0GGi5 A.TE OF CAUFORN.... - .US~ESS. nt.UISP'ORTATlON ANO HOUSING AGENCY Pm WILSON G-.mor EPARTMENT OF ALCOHOLIC BEVERAGE CONTROL Inglewood District Office ONE MANCHESTER BLVD. P.O. BOX 6500 Inglewood, California 90306 310/412-6311 ~ ~ December 3, 1991 Ms. stefanie Barbanell 16 seaview Terrace Santa Monica, CA 90401 Dear Ms. Barbanell: The information that you asked for concerning census Tracts 7013.01 and 7014 1s as follows: 1013.01 ALLOWED On-Sale 8 Off-Sale 6 EXIST 5 3 7014 ~LLOWED On-Sale 7 Off-Sale 6 EXIST 6 1 If I can be of further assistance, please call me. ;?&;.y ~t~;ict Administrator GLG : lib ""'(j'~ VUJlu / / Repo~ted C~l~e 1991(.) Patrol Area % PlbDve/Below Average Totel Crl"'e( 1 ) -....-----.-.:-...----------.-.:.-------...---... flverage {All Areas} t ~229 o -------------~-----------------~----------------- .. .. 3436 +54 . f -------------:----------------- ----------------- 3 ~5\E +57.7 4 2590 +16.2 5 1969 -11.7 6 2083 - 6.6 -------------,--------~--------:----------------- 7 -28.8 1586 -------------:--~----.--------~:---------~------- 8 4Z4 -81 .0 -_....._...._;_.-.-.-....-.....~........._._...-. 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IItJ W 1 - ~ ; I' f f I I I , ; t#-; ,~~ ~ ~ if it ~ d d ~ ~ I! = ~--~-~ ~ r'~ ~ ~ cJ.1 J J J I' l--jft'H H ril TI , 'f , 1111 t r ~'G)~J I ~ ~ ~ , " , I ~ III r~ R-I ~ 11-1 III 4 I nTf f , ( , U~ ~ ~ ~ ~~ ff~~ ~ ~I~ ~ J ~ J n~J J=J ff~ I - - . 'I '1- i i!jiIfJjl~~wm~ij]IIT_]0n~mWfW--jllijf~Tf~iiflm~~rr~ :: .t 'rrl'I~llr!s:.!irraff,,,,~ ~~r'~ '~~".!:-"n f~' 1... ~11;"l' p1, ~1.lt'lflr'l U, rll(!!!~. t!i.f ~ fliIlIIiiiiiiililis!ilillii!i!Iliftil1lilililiililr~ii!Iiii!iiliilili!!!IIli!iilliiiiillllll!JlllE~lii!I!!i!liiil . < :.u u :)'; ~%:scn _ ' 00; ~ ..J ~:E g UJ ~ tJ~~m w. zCj < Cf.J .. - t4 iiGG19 " .. D . II IL Q . ~ < - t,,) ~ ::.. en = ID r , - (p. 24.6) (R-oiater 14. No. Z3 ,. M) . _ 23958 of the Alcoholic Beverage Control Act, undue concentration includes, but is not limited to, conditions set forth below: The applicant ~rem~ for an original or premi$e$-to-preJTlises transfer of any retaillieense are located in a &:riIDq r~ ~ct Whirh h~ a 2041,_ ~e!!ter nl~~rted crirn~. IS d~~;~~, th~" ~~'" .yera~e D~~ of repo es as determmea &ciItl)ll r~ ~ttmI ciiitricts Wlthll\ the jurisdiction of the loc:allaw enForcement agency if the following conditions exUt: . ~l) As to on-sale retail license applicatio~ the ratio of on-sale retail licenses to population in the census tract or census division in which the applicant premises are located exceeds the ratio of on-sale retail licenses. to population in the county in which the applicant prer\:~es are located. {2} As to off-sale retail license 4pplications. the ratio of off-sale retail licenses co population in the census tract or census division in which the applicant premises are located exceeds the ratio or o&'..ue retail licenses to popUlation in the county in which the apl?liMlnt prernf~ are located. Notwithstanding the above, the de~ twent may issue a license if the appli- cant' shows that public convenience or necessity would be served by such ispJ!l~ce. (b) Definition orTe~.@nd..Data Sources.--The foUowing-deEinitions and data sour~_ $hall ~~ the construction and application of this rule: ~ ," ---~~~. .- - .....mean geogx:aphical areas within the boundaries of a. e governmental entity (city or the unin~rated area of a county), WID reporting districts are identified by the local law enforcement agency in the compilation and maintenance of statistical information OD reported crimes and arrests. (2) MReported Crimes" are the most recent year=ilation by the local law enforcement agency or reported offenses oC .. homicide, forcible rape, robbery. a~vated assault, burglaJ:y J larceny-theCt, motor vehicle theft, and such offenses shall be combined with all arrests for other crimes. felonieS and misdemeanors, except ~c citations.. . (3) MPopulation Within the Census Tract or Census Division" means the population as detennined by the most recent United States decef\!'tAI or ~ . census. Such ~pulation determi!\Ation mAn not operate to prevent an appli- ~_!lt from establishing. that an increase of resident population has occurred within the census tract or census division. (4) "Population in the County" shall be detennined by the annual popula- tion es!:iI:::1te for C~':t'crr:" cc!:..~t:c: pub~hed bj' ~e Pwpulaticn Resea:ch Unit, State Department of Fi".."ce. ~ - ~;. "'- (5) MReblil Licenses" shall include the follbwinB: "u G c,:. 0 ' (A) Off-sale Retail Licenses: Types 20 (off-sale beer and wine) and 21 (off- sale general). ' . (B) On-sale Retail Licenses: All retail, on-sale licenses except Types 43 (on- sale beer and wine for train), 44 (on-sale beer and wine for fishing party boat), 45 (on-sale beer and wine for boat), 46 (on-sale beer and. wine for airpla.'1e.}." · ~ (ol'l.sale gftn~r~ for tt:ain and d~pinr -"ir). 54 (on-sale ~etleral rlJ2" !-.(\:,It\ ~~ , '"':) I r\ I ~ , '" 1 C- /. " :\ r: ~ -r ..... a ..,:) r ~ I'a ~ (:t ~ .... 6 ::s 1 ~ ~ ~ - .... ~ - ~ ;.. ~ ':> - .. ... ,.. .... '" GG021 \ \ , . \ 111 1990-91 LOS ANGELS8 COUNTY PLAN ~OR ALCOHOL-RELATED SEAVICES r \'0 f~ .. prepared by county of Los Angele. Department of Health servicea ottioe of Alcobol Programs Oct.ober 4, 19'90 VI" r" r -. ...... U~(,'- NATORB AND EXTENT OP ALCOHOL-RELATED .ROBLZKS IN LOa bGELZS CODNTY The consumption of alcoholic beverages 1s considered by much Of society to be a legitimate part ot daily living. People of all ages, socioeconomic levels, and almost every cultural qroup drink alcohol. Althouqh alcohol use 1. widespread, an estimated 33 percent of Americans aqe 18 and over do not dr ink (Clark and Midanik 1982). Alcohol ia associated with many positive and valued aocial customs and rituals. Media and advertising portrayals of alcohol both reflect and .ha~. societal atti~udes about alcohol by associating drinkinq with many desirable attribut.. (MoSkowitz 1989). In addition, the production and distribution of alcoholic beverages 1. an important part of the nation's economy. Americans spent over $605 billion on alcoholic beverages in 1983 (Alcohol Research Information Services 1985). Alcohol is nevertheless a potent dru9 which may impair physical coordination and judgment, diminish control over impulsive behaviot', and cause serious short and 10ng-tel:'1n heal th consequences. The cleqree of these effects i. usually directly related to tha amount consumed. Throughout this nation's history, society has held contradictory attitudes about alcohol and has enacted various pOlicies to control alcoholic tleveraqes. Perhaps the most notable eXperiment in recent history is the 18th Amendment to the U. s. cons_'ti tution, which prOhibited the manufacture and sale of alcoholic beverages trom 1920 to 1933. Although effective in terms of siqn1ficantly reducing alcohol consumption and related problems, prohibition was considered by most to be a failure (Moore and Gerstein 1981). The repeal of Prohibition had important implications for public attitudes and policies toward alcohol use. Alcohol use came to be viewed as a purely personal choice (Aaron and Musto 1981). Along with this view came a focus on individual alcoholic drinking and a denial of tamily and social problems that result from individuals' drinking. The problem identified was alcoholism, and the responsibility to address the problem rested with the excessive, chronic drinker. In recent years, we have begun to take a broader view ot the nature and scope of alcohol-related problems. The nature of alcohol- related problems is increasingly being defined. not just as an individual problem, but also as a family and community problem. The scope of alcohol-related problems is defined not just as alcoholic drinking, but also as any consumption of alcohol in h1qh risk situations. --"-- of ,... ,.... r .... r""\ VU'J~') Just as an individual's d.rinking affects the family and the community, so do family and community attitudes about alcohol affect the drinking practices of individuals. Alcoholism is not j~~t an intrapsychic, individual problem. Aleoholism is a product of the drinker's relationship to, and interaction with. the i~~~diate community and friends, the workplace and co-workers, ana society in qeneral. Problem drinking can be supportea in the individual by society's oft.en irrat.ional attitudes toward and ig-norance about alcohol. Problem drinking is frequently unintentionally supported by family, friends, co.worxer., employers, and others in the drinker's social envirOlUDent. Traditionally, w. have thouqht of alcohol problems as the result of chronic, excessive consumption ot alcohol. Cirrhosis of the liver and many other health problems are long-term results of this type of consumption. However, there are many other alcohol-related problems which are not caused by chronic excessive use. but are associated with the place or circumstance of alcohol consumption. For example, research indicates that any consumption of alcohol by a pregnant woman may produce birth defects. Also, alcohol consumption by a person who will De driVing an automoDl1e immediately afterward creates an unacceptable risk ot harm to both himself ana others. For these reasons, the definition of the scope of alcohol-related. problems is beinq expanc5ed to include any drinkinq in hiqh risk situations: in addition to chronic. heavy drinkinq. INDIVInUAL ALCOHOL-RELATED PROBLEMS At the individual level, alcohol is a factor in a broad range of prOblems includin9 physical, emotional, social, leqal, ana employment problems. Estimates of the numbers of alcoholics and people with alcohol-related problems in this country range from 10 to 18 million persons (West 1984; United Stat.e. Department of Health and Human services 1983; Secretary of Health and Human Services ~986). The broa~ range of estimates is larqely attributable to ditterences in defining and measur1nq alcoholism. Early formulas to estimate prevalence usually 4efined alcoholism as physical dependence on alcohol and used rates of liver eir~hosis as indicators of alcoholism. Williams et a1. (1987) developed 1990 projections for the number ot alcohol abusers and alcoholics in specific age groups in the resident, non-institutionalized U.s. population aged 18 years and older. Applying th... projections to estimates of 1990 population for Los Angeles County shows that alcohol abusers and alcoholics co~~ined are estimated at 602,207 persons (see table 1). --- 5 rr-r.4. U lJ >J ~ '.I: TABLE 1 Estimated Numbers of AlcOhol Abusers and Alcoholics Co~ined - Los Angeles County 1990. Aqe Total Cateqory Number C\) 18-20 years 61,152 p,O.l') 21-34 ye.ara 288,920 (48.0') 35-49 years 180,506 (30.0\) 50-64 years 53,781 (8.9t) 65 and over 17,846 (3.0% ) 'rotal 602,207 (100%) In this study, alcoholics were defined as those showing signs of alcohol dependence suCh as loss of memory, inability to stop drinkinq until intoxication, inability to cut down on drinkinq, binge drinking, and withdrawal symptoms. Alcohol abusers were defined a. those who experience neqative social or personal consequences of alcohol use, such as arrest, accident involvement, health problems, impairment of job performance, or difficulties in personal relationships (Williams et al. 1987). For the population between 14 and 17 years old, one researcher estimated that about 1 in 5 is a problem drinker (Crechowlcz 1988). Applying this ratio to County population estimates for 1990 indicates that aDout 87,344 per$ons in this aqe b~acket are prOblem drinkers. Adding both estimated figures shows that approximately / ~89 ,~51 ~ersons 14 years and over in the County fall J.ntQ._t;.he \ c~~e-.-20ry of bain9_ an alcQ.bolic, alcohf)l ~user, or-problem drinker. T ~~roup repr..ents 8.1 percent of the-tota~-.stimat.d County population tor 1990. Compared to other studies, th.is is a con5ervative estimate. Alcohol-~el~ted Mortalitv The Centers for Dis.ase Control has estimated that 105,095 persons died from alcohol-related causes in 1987, which'conGtitutes 4.9 percent of total national mortality (Centers for Dis.ase Control 1990). Of 'these 105,095 deaths, 66.8 percent were males. Alcohol- related mortality accounted for 6.3 Dercent of all dQaths among males and 3.4 percent of all deaths among femal.. in 1987. Specific diagnosis which were major contributors 'to these deaths included motor vehiCle crashes (19.3 percent), homicide (8.1 percent), alcoholic liver cirrhosis (7.1 percent), and esophageal cancer (6.5 percent). 6 CtGG23 In general, alcohol is a contributing factor in a variety of caus~s of injury and death, including liver disease, cancer, home and recreational accidents, talIs, fires, drowning., boat1nq accidents, crime and violence, suicide, and motor vehicle crashes. In Los Angeles County, there were a total of 2,195 alcohol-related deaths in 1988. Alcohol-R~lat~d Morbidity Alcohol is associated vith a wide variety of medical and psycholoqical problellls. Between 25 and SO percent ot patients seen in an average general medical practice have siqn1ficant medical and psyohological problems associated with alcohol use (Miller et &1. 1988). The types of haal th problems typically found in heavy drinkers include liver diseases, particularly cirrhosis; diseases of the nervous, gastrointestinal, and respiratory systems: heart and vascular diseases: cancers: metabolic and immuna system disorders1 endocrine disordera: nutritional deficiencies 1 poisoning: and injuries from motor ~ehicle and other accidents (NlAAA 1987). Gastrointestinal diatur),ances cOJnJnonly occur wit.h alcohol use. Esophagitis (heartburn), peptic ulcer disease, and acute pancreatitis often result trom regular alcohol consumption. Va9ue abdominal discomfort, diarrhea, constipation, quaiac positive stools, and 9astric cancer are also associated with alCOhol use (Hiller at al. 1988). In addition, there is substantial alcohol assooiation with certain neurotic personalities, other nonpsyehot1c mental disorders, and drug abuse (stinson et a1. 1986). Individual alcohol-relatea problems also result in problems for the family, the friends, and the community of the drinker. since alcohol-related problems are a product ot the reciprocal relationship between drinkers and their environments, the individual problems also beco~e family and community issues. PAMILY_PROBl.ZHS RELATED TO ALCOHOL There is a complex relM:ionShip between alcohol and disrupted families. AlcohOl is lnvolvGd in one-third of child molestation incidents, approximately one-fourth to one-half of marital violence incidents, and 1n 13 percent of reported child abuse cases (Bowen 19881 Roizen 1982: Hamilton and Collins 1981). Estim~tes of the concurrent incidence ot alcohol problems and family violence ranqe from 2S to 8S percent of the families studied (Roy 1977f Katz 1982; Flanzer 1984: Harner 19B'). Rather than a cause and effect relationship, alcohOl-related family violenee is seen as a synerqist1c interaction of the .t~o. problems (Flanzer 1984). Research evidence .uqqQsts that divoroe and separation rates among alcoholics are seven times higher than in the general population (Paolino and Mccrady 1977). 7 r ,..,.. ~ 1'\ UUiJ~u Althou9h it i. not documented in the research, one of the most severe alcohol-related problems affecting families is their denial of alcohol.. a problem. In many instances, problem drln~erc are able to continue destructive drinking patterns beca.use family members unintentiona.lly support and assist them. Refusing to acknowledge alcohol as il proble.m can perpetuate dysfunction in families and atfect the social and emotional development of children. Family alcohol-related problems may beqin before birth. Fetal Alcohol Syndrome (FAS) is a d.istinct pattern of physical and behavioral anomalies which can occur in children of women who drink alcohol during pregnancy. The health effects ot maternal drinking on the developinq fetus incluCle neuroloqical, behavioral, skeleta.l, morphologieal, and developmental disorders, including mental retardal:ion. According to the National Institute of Alcoholism and Alcohol Abuse (NlAAA 1983), FAS is one of the leading causes of birth defects, and the only one that is completelY preventable. The United states Public Health Service estimates that of the 3.6 million babies born in 1983, more than one million were born to women who drank during pregnancy. The United States Surgeon General (1981) has warned that any consumption ot alcoholic beveraqes during pregnancy may be dangerous to the fetus. He has advised women who are pregnant (or considering pregnancy) not to drink alCOholic beverages and to be aware ot the alcoholic content ot foods and druqs. Re.earch shows that the risk of low birth weight, irritability, and other developmental prOblems is hiqher even when pregnant women drink only ~oderat.ly (Little, 1977J Streissguth et a1. 1982). Growihg up in an alcoholic home may have long-term etrects on children. There are an estimated 28.6 million children of alc,- h" 1 ics, 6.6 million of whom are under the aqe of 18. Research en children of alcoholics 1s relatively new, and is limited by methodological and ethical concerns about samples. In a review of the available literature, Wooelside (1982) noted studies which suggest lower selt-esteem, heightened social aqqression, and increased emot1onal detachment among children ot alcoholics. COMH~;r~~~ 80~IBTAL PROBLEMS RELAT!DTO ALCOHOL Fa~ily and Indivi~ual alcohol-related problems have a cumulative negative impact on co~uniti.s and on society-at-large. The costs of alcohol-related problems can be expressed quantitatively in economic termB. Qualitatively, the costs may be ..timat.ec! by con~iderinq ~h. role of alcohol in our society, and considering the human costs experienced by famjlies and individuals which cannot and should not be reduced to economic values. The costs of alcohol-related problems in this country were approximately $115 billion in 1983 (Research Triangle Institute 1985) . These costs include approximately $71 billion in lost productivity and employment, $18 billion in excess mortality, $14 8 ,...,., r .._ VUIJ~I billion in health care costs, and $12 billion in property loss and J crime (Moskovitz 1989). One source estimates that two dollars of "social costs result from every retail dollar spent on alcoholic beveraqes (Mosher ~987). These social costs are incurred by all consumers, not just those directly affected by alcohol-relateci problems. Taxpayers, businesses, and policyholders of insurance companies are .ome ot the qroups affected. Accordin; to the Research Trianqle Institute (1985), the costs ot alcohol-relAted problems in 1983 were distributed in the ~ollowin9 manner. . Fifty-nine percent ($68 billion) was absorbed by individuals with alcohol-related problems and their families. . Thirty-three percent ($38 1:Iilllon) was paid. by qovernment aources, with 23 percent of the total paid by the fecieral qovernment, and 10 percent by state and local qovernments. . Eight percent ($9 ~illion) was paid by insurance companies on lite and health insurance claims. Reduced productivity at home and in the workplace accounted tor approximately $63 billion (55 percent) of the total estimated costs. This category represents the largest single area of cost, and suggests other alcohol~related costs to society that are not readily apparent. The estimate ot reduced productivity costs is based on the lower earninqs of workers with alcohol-related problems. Decreased productivity results in increased costa for business and industry, and may be passed on to consumers through higher prices, lower wages, and reduced profits. 'The esti1l\ate provided does not consider these factors. Traffic accidents and illnesses related to alcohol represented 11.3 percent ($13 billion) and 8.5 percent ($9.7 billion) of the total costs, respectively. Crime and injuries other than trarric accidents toqether accounted fer approximately $8 billion ot total costs, or seven percent each. Fetal Alcohol Syndrome represented $4 billion, or 3.6 percent of the total costs. Approximately $4.4 billion was spent in 1983 fer alcohol recovery and traat~ent services. Private insurance, tederol, state, and local qovernments paid over 90 percent of these costs. Econom~c_Im~act or AlCOhol-Related Problems in Los Anaeles County In 1985, the Los An9'eles County Chief AdJElinistrative Office released the seventh edition in a series of reports on the es" :mated cost of alcohol-related problems to the Los Anqeles , ,~nty government. The report estimated the cost at $320,188,250, ~hich represented an increase of 47 peroent tram the figures in the 9 ""'r '... V tJ :J ,: Q 1980-81 study. This increase may have been due, in part, to a 9recter awarenesa about alcohol-relatea problems, and to improved methods of reporting alcohol-related costs_ The report suggested that the rise in costs wa.s a.lso due to increased e:ffects of alcohol-related problems on County residents. The largest percentage increase in expenditures occurred in the ortice of the District Attorney (119 percent). The larqest dollar increase was reported by the Department of PUblic Social Services ($60.3 million). Both departments attributed the cost increase to more alcohOl-related cases. These estimates retlect the expenditures of County government in offices of the crimina.l justice system and in other depart~ents such as Meal th Services and Public social services. Costs to other and private agencies, and to business and industry are not included. In 1989, the County Department of Health services (DHS) estimated their Fiscal Year 1988-89 alcohol-related expenditure to be $107,291,704. This represents a 75.9 percent increase ovar the amount reported in the County Chief Administrative ottioe's ~965 report referenced above. A maj or reason for the substantial increase was an imprOv&d method for estimlltinq alcohol-related. expenditures. In 1990, the Office ot Alcohol proqrams (OAP) developed a method of comparing the costs and benefits of alcohol sales and alcohol- related revenues to Fiscal Year 1988-89 costs ot alcohol problems and alcohol proqrams in Los Anqeles county. An estimated $1.329 billion, spent on alcohol retail sales, resulted in an estimated $23.2 million in sales taxes tlowinq into Los Anqeles County. At the same time, however, an estimated $4 billion in economic costs were incurred as a result of problems attributable to the misuse of alcohol. The resulting ratio of revenue gained tram the sale of alcoholic beverages to the costs of alcohol-related problems is stagqering_ For every dollar collected trom alcoholic beverage taxes, $172.00 1n alcohol-related problems are qenerated in Los Angeles County. Community denial of the role ot alcohol in community problems i a siqniticant aspect in evaluating the extent ot alcohol-related problems. Socie~y otten ignores alcohol as a contributing factor to crime, economic difficulties, accittents, health care needs, and a host of other problems. Compared to other druqs with a similar potential, c1rinking is socially sanctioned with taw formal or informal restrictions. In some instances, communities unwittingly promote consumption in high risk situations through failing to control the location of alcoholic beverage sale outlets, overlookin~ the prominent role or alcohol in community events, or permitting media portrayals of alcohol which provide only positive images of drinking. 10 "'''r--~ V V \J .: ;j Denial of alcohol-related problems by the community affeets the standard of living and quality of lite of all residents. In summary, alcohol-related problems are a function of the reciprocal relationship between individuals and their environment and are defined as individual, family. and community problems. These problems may be the result of chronic, excessive consumption, or any consumption in a high risk .nviron~ent. Alcohol-related problems have a major 1mpact on our society. Denial of the role of alcohol in community problems affects the extent of alcohol- related problems perceived by society. 11 """'~+ -- ~\! ~ 'JI i-'~ mOWNPROOFING AND 1HE WATFR SAFETY SPECIRUM By CUlIwiMlder D. S. Smith, USCG Th"TRODUCTICN I believe that many, if not most, safety officials do not comprehensively understand the causes of water related deaths. Consequently, through limited perceptions of how, Mien, wnere, or M1y people lose their lives in the water, situationally dangerous survival concepts may be perpetuated. This outlook has two roots. The first is personal experience. During the last five years I have been a Coast Guard spokesnan m hypothermia or accidental reduction of inner body temperature. Crisscrossing the country to give water safety talks and demonstrations has allowed my meeting approximately 20,000 fellow citizens in 38 states. In addition to my pr;m~!"y duty of working with boating safety agencies in the central and midwestem states, (including the annual review of 250 reports of boating deaths), I have given at least one lecture and one pool demonstraticn each week during most of this period. The second root involves observations on self-preservation. A species totally given to dealing with envirornnent in unquestioning 1t.aYSt is a sure target for extinction. Doing what we do simply because someone or some organization has long endorsed itt may be catastrophic. Survi wIt aquatic or otherwise, is the responsibility of the indivitin~l. Those who have questioned, investigated, and practiced different responses to various, probable situations, are most likely to overcame accidents. Development of effective, alternate strategies depends on tmderstanding causes of mishaps. The following combines these outlooks then briefly explains basics in water survivalt proposes a continuum of responses, and suggests hO't1 individuals might safely test them. ~pu::ATIQ\l .AND AQJJATIC SAFETY Drowning is the second leading cause of accidental death nationally up to age 44. It is the third overall leading cause of death for all ages. Approximately two-thirds"of drowntngl s victims r:~!Ulot swim. Nearly SOt are involved in cold water. Appro;mately half the 1{ic:tims ~ge 11 and ~jJ.~eLJll~b9 legally intoxicated at the-time of tlleir deaths. 6-;600 Americans drowned in 1~ tilis Is one-of t:ne lOwest-yearlY totals on record, 6,600 is still teo high a number of needless tragedies.1.2.3. How did many, if not most of these people die? The prime mover is their own, or someone else '5 ignorance. They either didn't appreciate the highly probable out canes of their own behavior, or if appreciative, they didn't care. M inebriated non-swinuner (or swimmer)) involved in aquatic recreation is surely tenpting more than fate. Yet, why do 'so many people allow themselves to blissfully and repeatedly enter such situations? Could it be they are too well educated? 1. GGG31 I Education also deals with nonnalizatian. Too often in all_forms of academic / endeavors, we hear and accept the injmction: "These are the rules - don't __ ' question. - just do them." This tends to derogate the educational experience ~ fran its highest state of self discovery, to its too normal, lower form of - . \ unquestioned indoc:trinatian. Essential to purposeful, productive learning is \ the appreciation, aquisition and application of principle rather than souless teclmique.. Yet, how guilty are we of not explaining the rational behind our dictum w.en we ourselves do not fully lOIlderstand it? To demonstrate that not clearly seeing the education problem is wide spread, please follow this logic. A non-swimmer, by definition, cannot move horizontally through the water.. We know, fran many years'of boating statistics, that the smaller and less stable a watercraft, the more dangerous it is. Fewer accidents are reported to boats or canoes under 16 feet in length. But, they are involved with the majority of all boating fatalities. Falls overboard and capsizings lead all other boating deaths combined.9. Notwi thstanding this, float~J:'11e cushions are Coast Guard approved for use on ali craft, regardless of length. When a small craft or canoe turns over, the occupants are usually catapulted out and. away from the vessel. But, whatever is lying on the keel or wi thin the tumblehane, su:h as a cushion used as a kneeling pad, is not. Unless a non-swimmer is wesrin@: a personal floatation device (PFD), or has the unlikely presence of mirid to grab either a Pm or the gunwhale, when the canoe flips, the floatable cushions are trapped inside and rendered useless. Yet, isn't the naive, ncn- swimmer led to believe he or she is safe with these approved cushions? Perhaps there are victims of education, as well as products. mE FATAL 'lHREE --Jt-We have a reasonably secure body of research supporting a tripartite diagnosis of drrnming's cause. Inability to swim and/or not wearing a PFD; cold water (relative to the person's metabolic profile); and abuse or intemperate use of ~ alcohol, and otherJignly dangerous drugs, fonn our causative triumvirate. /T2KeIl together these fom SDS or sudden drowning syndrome. This concept is ( based on three sources: Coast Guard research into recreational boating *' accidents; two (2) infonnative films by Frank Pia entitled ''On Drowningl1 and ! ''DrOMling Facts and Mythslt; and, continuing research into immersion hypothermia at the University of Victoria in British COlumbia, the University of Minnesota, Duluth CampUS, and U. S. Coast Guard Headquarters. In the early 1970's the Coast Guard started a series of long range investigations into boating fatalities. These studies identified many of the psychological and physiological aspects of boating and water accidents. Along with the sudden drowning syndrane, Coast Guard studies focused en the effects of hypothermia, especially its immersion aspect, and that of stressors or fatigue factors in normal boat operaticn. The frequently fatal relationship of cold water, alcohol and habitual nonuse of PFD's by non - or poor swimmers, is shown by this research. _ ~.. ... 3. vGGj2 The above reactions usually occur before hypothermia becomes apparent. The initial sign of hypothermia is shivering. As the body loses heat and thinkLig becomes progresvively Unpaired, the victim is both threatened by the foregoing and irrational actions wich further minimize s~ival. As body temperature lowers, all mental and physical capabilities decrease. Until, in most cases, death t..\rough drowning occurs. It has been estimated that an untrained, unprepared, middle age male immersed in 50 degree Fahrenheit water has SO minutes before his chances for survival beccme 50/50.13. DEFENSE .Having identified cold water and alcohol as dangers, how do we attack them? / Canparati vely little is being done in aquatics to warn of the dangers of / intoxication. The primary reason is that we, although a nation of overt / tipplers, understand so very little about the effects of inebriation. On the , other hand, we are encouraged, conditioned and indoctrinated to develop a taste and sUbsequent need for alcoholic beverages, especially in recreational settings. For instance, carefully watch beer cull'auecia1s on TV this spring. Prime time station breaks will repeatedly feature t."1.is scenario: three fisherman, sans PFD's, with a small easily capsized boat -- in Mlic:..i. they are all standing, and an obvious display of the sponsor's prodt.."Ct. Imitation is the simplest, JIDst effective, and longest lasting forn of behavioral shaping. Think of that in tenns of the eyes, both young and old adhered to the tube. \ Are we, as aquatic educators mindful of our responsiblities to our students, 'if ~e continue to allow this situation to e~ist unnoticed and un~1allenged? Next, wnat about cold water? Experienced swimmers may become chilled after a long workout. But, they are use to it. That is exactly the point. They net only can Swim, but are mentally acclimated to being in less than warm water. However, wrD kill themselves in our lakes, streams, rivers and ponds? Right, non-swimmers! By definition a person wto fears the ~-ater will not allow him or herself to become accustomed to it. Even with exoerienced swimmers, several highly dangerous yet usually unappreciated aspects of cold water, such as the torso reflex - the lmcontrolled aspiration upon lDlexpected cold water immersion, can overwhelm even them. The defense is clear. We, again, as aquatic educators, must infom our cuwlI.t.mities about the hazard of immersion in comparati vely cold water. A most effective, and rapid method of doing this, is to deputize your students. As with most of the other tragic aspects of drowning, an appreciable body of cuuprehensive research, translated into effective equipment is available.14. But, those of us ~o should know the most about this, are often the last to becane infonned. Rapid dissemination of this infonnation to all levels of aquatics, would undoubtedly produce a beneficial, dOwnl<lard trend in accidents. mE AQUATIC SAFETY LEARNING SPECIRUM Having disposed of the latter th~ of our fatal triad, What are the needs of the non- so'limmer, or swimner who gets into diffiOJl ty? The Coast Guard estimates that 85% of the 1,400 pe::-sons lIDO died "-nile boating in 1979, would not have, had they been wearing PFD's.lS. Our first line of defense is apparent, 5. OGGj3 Basic: drownproofing, the relaxed, face down float, with travel stroke, is excellent for a poor swimmer. It aids developing skill and confidence. In canparatively warm water it can save his or her life. However, in evaluating its effectiveness there are two important considerations.. Why isn't he or she wearing a PFD in the first place? Secondly, suppose the person in the "'"ater has more than marginal swimming skills. Is drownproofing the rec.uululended course? I do not believe so. Again, anyone wo can relax in the water (i. e., a swimmer) and float face down, should be able to float an their back when clothed, with appreciable portions of their greatest heat 105S area (i. e. , head, neck and face) out of the water. The reason, hydrostatic pressure increases with depth. If a person is vertical in the water, pressure is greatest m their feet and legs. Air in these regions is forced upward and out. However, by back floating, and attempting a motionless horizontal attitude, overall water pressure an the body is greatly reduced. Air escapes slowly, thereby providing more flotation and insulation to a non-moving persm. Shoe and watertight boot toes, especially in hip or chest waders, will trap and hold air for long periods if the practiced warer quic.\ly brings them to the surface.. HELP .AND HUDDLE If you shOUld unexpectedly find yourself in the water, and you are wearing a personal flotation device, the following is recommended. Should you decide not to try to swim for shore and cannot get into a swamped canoe or boat t (notice the preferred procedure is not to hang on to the bottan, but rather to attempt to right a small craft) then try Ro E. L. P. This acronym stands for heat escape lessening Eositian. It is a hp~nJlt1!~n;~1"h~.:r_~'!", ;pt::l'_ 1"lrk ~ i rh - r~nllCE:S b.odil xJieat_ [1 OH t,p 6 t~_WPJ:~~ ~.,. . , ~S1" ~%. Cr.o~s ankl es, c.m~s a.UIHL03l.ex.....'"b~'it, dJ:.mLl<:n~c; to... rh:\s.t, tp.:m_h_~r-L'~n:'ln_~p.l_::lY. Try it in a pool before you have to depend on it. Note that the water becanes much cooler when arms and legs are extended after holding HFr:P for a few minutes. Should you have difficulty by rolling from side to side, counter by tilting your head in the o'PPosi te direction. If this doesn r t work, extend your legs slightly:18. HELP can usually be done wi thout a PFD if you are wearing waders, coveralls with layered clothing underneath, or a snOl'mlobile suit. The trick to this fonn of flotation is to mi.niJnize movp.:ment. :.:In_I'! to k.ePR-2;A' JT;qllle.o iJ"l-Y.ow: W~1;JR-.OT wade~ Again practice before you depend on the teclmique! If more than one person is in the water, and all or most are wearing PFD's, "huddle" is recommended. Make snail, tight groups of three or four, with chest closely touching chest. Anns should be placed aro1Dld the backs of persons on either side but kept lU'lderwater.. Smaller people or children can be placed in the middle. As with HELP, the idea is to conserve and/or share heat by not moving. Huddle also provides a better visual taI"get for rescuers and aids morale by encouraging connnunication wi thin the group.19. 7. u G !j .1 (t 2. In teaching nan-swimmers, I estimate that 3 out of 4 are afraid to place their faces in the water. This may be based on childhood fixation ldlereby a mother attempts to scrub the child! s face with a cold, wet washcloth. The child! 5 struggling is not recognized by the mother as an attCllipt to breathe. Thereafter the child is made fearful by having his or her face in water. To overcome this I recUJluJlend that a non-swimner first becane used to repeatedly placing their face in a snail bowl of warm water. Next, they learn to hold their breath as long as possible and also to blow bubbles in the water. When they can comfortably do this, they are ready to learn to swim. 3. I believe that anyone who can swim can also float on their back. Muscle tension and regularity of breathing have definite effects an floating. Relaxing of muscles and expansion of the lungs decreases the body 1 s specific gravity, and a relaxed swimmer floats. Conversely, irregular, shallow breathing plus anxiety related flexing of the muscles increases specific gravity, and the ncn-s.V'immer or the distressed swimmer does not float. Chronic sinkers also tend to exhale as they go below the surface. A person who has difficulty floating should attenpt to relax as much as possible, inhale deeply, and hold their breath. They should then roll into a tight ball, this will positively effect their buoyancy, enabling floation with the back above the water r s surface. After experience and confidence is gained in this posi tian, the relaxed swimmer is then ready to attempt back flotation. Nonnally, a person not used to back floating may suffer discomfort through water in the nose.. Hence, nose clips are required. Next, canpletely inflate the lmgs and try relaxed floating an the back. The anns should be floated as far above the head as possible, with the back arched and the chin rolled away from the chest. The feet and legs may begin to sink in this attitude. However, by increasing the arch of the back and rolling the head further back....-ards, sinking motion of the feet and legs can be cotmtered. Breathing in this attitude is the same explosive technique used in drownproofing. I have taught swimmers ",no could not otherwise back f1oa.t~ to fill their lungs cl.;utpletely, bend backwards in the water and grasp their ankles. Although this is undoubtedly an unusual aquati c position - they float! Once they accept their ability to do even this, they should be able to progress toward back floating while fully clothed. 4. In many nationally accepted aquatic safety courses, participants are conditioned to remove Clothing in the water. This is done either to rescue others or to fonn a flotation aid for the individual. Here the emphasis shOUld again rest on making the survival procedure applicable to the situation.. Satisfactory floating without removing any Clothing, thereby i~uri~g insulation and air entrapment, should be taught and atta.~ted bef9T~ dlsrob mg . - - 9. GG0j:) 7. "The Ubiquitous Booze", Driver Magazine, U.s. Air Force AFISe/SEDD, Norton M Base, CA 92409. September 1980. . 8. ~coh<?l, ,Vision ~d Dri v~. Pamphlets 13385 and 13361, American Automobile Association, Traffic Engineering and Safety Department, Falls Church, VA 22042. 9. Op Cit 4. above. 10. The infomation in this section was originally presented in an article entitled "The Sudden Drcnmi.ng Syndrome", ~e Physician and Sportsmedicine Ma~azine, Volume 8, Ntmlber 6, June 1980, and is reproduced with the puollsher's permission. 11. Water Safety Films, Inc., 3 Boulder Brae Lane, Larchmont, NY 10538. Phone (914) 834-7536 12. Harnett, R. 101. and Bijlani, M. G., The Involvement of Cold Water In Recreational Boating: Accidents. Springfield, VA National Technical ' Information Service, Report No. a:;-D-31-79. 13. "About Life Jackets n' PFD' s..... with FMP". Stearns Manufacturing Co., P.O. Box 1498, St. Cloud, lvN 56301 ' 14. Consult the Second Coast Guard District' 5 tHandbook of Cold Water Survival" for an up-to-date listing of various types. of 'Coast Guard Approved Personal Flotation Devices and flotation gannents. The handbook also has a canpendium of new aquatic safety films and slide shows. For copies, write to the address in footnote s. above. 15. Doll. T., Stiehl C., Pfauth M. et al: Personal Flotation Devices Researcl1., Springfield, VA National Techincal Infonnatlon Service Report No. (G-D-3-Tl 1976. 16. A Pocket Guide to Cold Water Survival, (Cujuuandant Instruction M3131.5) and Hypothermia and Cola Water ~urvi\-al Coast Guard PiZlflphlet, Aux-202, US Coast Guard Heack[uarters, Washington, D.C. 17. Boating: Safety Newsletter, Minnesota Department of Natural Resources, MinneaPolis, MN, Jan 1981.' This contains a short report on hypothermia research at the University of Minnesota, Duluth. 18. US Coast, Guard Hyp~themia and Cold Water Survival Slide Show. Washington, D.C., Nanonal Audio Visual Center, General Services Administration. 19. Man in Cold Water, Crowley Environmental Services Co.. Seattle, WA (copies available fran: Media and Technical Services University of Victoria, Victoria B.C. VSW2i'2 Canada.) 20. Op Cit 4. above. 11. OGCrjG _omC}_AR~ ~ !; i i.) t..; Q) ~ ~ ~ fg o ('..-; ~c;;: "iiJrjge \~ c ~ L A R E Foundation lIne May 8, 1990 To Whom It May Concern: CLARE Foundation, Inc. is a nonprofit, community-based service organization dedicated to helping financially and socially depleted alcoholics and family members help themselves. Alcoholism is viewed at CLARE as an individual, a family, and a community problem. The organization has received national recognition for its innovative social model recovery approach. CLARE is partially funded by the Los Angeles County Office of Alcohol Programs and the City of Santa Monica. CLARE Foundation supports the work stephanie Barbanel1 is doing in opposition to the creation of any additional alcohol outlets in census tract 7019. We agree with her that, with 102 outlets already in existence in a .6 mile area, her neighborhood is over saturated with alcohol sale sites. >:: f Research bas shown tbat over concentration of alcohol outlets (' is d~rectly related to increased alcohol consumption. The more alcohol is consumed, the greater the problems associated , with its use. Where there is this much availability, the problems of the people we serve are aggravated. These people ~nclude the homeless, public inebriates, teenagers, and their families. We are also concerned about the proliferation of "mini-bars" in hotel rooms. For recovering alcoholics and people with alcohol problems, regardless of financial status, the anonymous availability that mini-bars offer poses an active threat of undesirable alcohol consumption and consequences. We also maintain that our community will be a healthier, sater place when people recognize that it is not necessary to consume alcohol to enjoy life. Thank you for your consideration of this matter. Sincerely, ~ ~~t~ hh)~} ~~ecutive Officer CLARE FOUNDATION, INCORPORATED CAN:sc r ,.... r- ~ UI..JUj, Commulllty POBox 5849 L,vl"{I rOf 1871 9th Strut A'COhOlIC' by R.l'labililat,oll Sanl. Monica. CA. 9040$ (2131 450-5123 a II d EducatIon TOO (213) 450-1973 ;I SV: XEROx TELECOF' 1 EP ?ClH~1 ; B-1 '7-92 . . I -'" . ...... .~. 8: 49Qtl ~ &.l8S86H?Jll: *I 2 3. 3.1991 8:e4 p. 2 ...- ......--- 6.........' W t;.1.J lit, n" I' ~ ......... ~~ :-........ """"1I()1I'T4~O'f"""O ':'OUS'"" AOf"'v OElt4RTMENT OF ALC0"':Oi.JC BEVERAGE CONTROL UlOt "'04OWA'I', ~INTO tlete (916) 4015-3221 'f"'t WlUOIoI 0"-- r 9~07~G @ April 15, 1992 Mr. Ira Reiner, Di.trlct Attorney Office ct the Ciatrict AttQrn.y County of Lo. Anqal.. 18000 criminal Courts Buildin9 210 w..t Tampl. Str.et lIo. Anqal.., CA 90012 RZc Propaait1on 45 De&%' Mr. ReinarJ Thl. i. 1n reply to your recent letter requ..tinq ...i.tanoe from the Cepartmer.t of Aleohol:c Beverage Control with re9ar~ to ~. enlorce..nt of Prepo81tion 65 ("Sate Drinking water and 'toxic Entorcement Act of l~a~") a. it p.rta~n. to premia.. lie.need Dy th1. Depar~ent. The Depar~ment .hare. your concern. with regard to the h..lth perils essociat.d with ~oxic .ub.~.nc.1 and ve vill ...k to cooperata with your otfiee a8 wall .s the District Attorneys et all oounti... In this re.pect, the Department n.. 1~ple.ente4 a policy of not1fyinq All applicant. tor alcoholic bevera9. lie.n... of ~e r.quirement. of Propo.itloM 65 and their r..pon.1bi11ty fer poatinq the .andatory varn1n9 netic... In .d~ie1enl throuqh the Department's .erver tra1n1n9 proqram, Licen... ~cat1cn on Alcohol and Oruqa (LEAD), al~oholie beverage lic.n.... vho reoeive traininq are reminded c~ :he Proposition 65 requlrement. during the 3 hour cours. of instruction. eoth applicants ~or new 110.n... and ex1s~inq 11c.n.... rece1vinq ..rver training are told hew and where to ob~a~n the 119n.. Finally, a. you ~ay be aware, the Department haa had to temporarily au.p.nd a ~ajor portlon 0' it. .ntoreemene proqram to ~.&l with a cr1t1cally ~.cXlo9ge~ l~c.n.in~ pro9ram. Aa a con..quenee, compli&~ce 1n.pe=t1o~. nave b..n .uspe~~.d until euch ti.. .. the licln81nq pro9ra~ 1. stabilized. At the point that our .ntoro.m.~~ =apabl11~le. are r..tored, we vil: 1ncorporate Propoa1tion 65 compllanee qu.sti~na a. part cf eh. I f::i:J -- .... . -.- II<< 20 " !DlYfB"Q19I'~w"m.l:) -- "- ...EHr...... // 7- -/"'t -r- lL'l ,. ./ ....--.- . . . l f ~ .. ~ ,- . . ~ 3. 3.1991 8:05 BY:xEROX T~ECOPlE~ 7010 6-17-92 6~5eAM M - Mr. l~a a.lDe: 'ago. "'0 UrU U, Uti cheex .h.et. u.ed in connection with premi.e. In.pect1on enlorcement vl.i~.. Our Los Angeles county district otfice. will notify your ot!1ee of lican...s who are found in nen-complianc. .a a r..ult of those premi... inspection.. I appreciate your aU9qestiona and hope the measur.. outlined above will be of aaatatanel. ?r";r Jtiil ~ Suoh D1recrtor JJt.a1.~ " fI ......[Ht>...... // _/ ../ \ B18S8S1011;1:i :3 p. 3 I .,...,...,... - ~ \J\jUJ~ D!2 ~ -~ Oz ;;efJ . gz ~;! ~,., ..n oc:C a-=- ~~ c=- -= ~ [;I'" -~ 0;: U'Iz 'i!Ji!. .. . 1= ...., ~ c: I" .q c 5 I c:::, ~ i! ~ .- ""'11II: ~ 55 ::;; i ~ ~ """'" - ;; ~ ~ . ~ 00 00 are c: 8 i' = a- S' .;c ~ - C r- D'> ~ 'il ..... < S; .!:::J .... w N .- i J !' .. ... ~.""" _0_ 5KK ....... 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Th~ $CLvt~ HMl.l'cA R~r 1"'- , () C-Cl-t-e d ,n ~en S us TRA<2-T ;Ot q - Qn J +Me- -Po II ow In 9 bQQ. kg ro t..<-fld .(';nd, n jS ,tAr-e pert 1r1t:n J ~ +h~~ D-pp e.a.-I, l V\ -KCL + fh'E!'/ reJo.J-€-. fa th '€- $)...vYll2. n €J. :3 k10 r h V 'D cl oJ e.a.. of <fete.. -.S H R 'e r.( 14 P o..q .. S I V"I <!JuS' III e..... J OG041 To: From: Re: Suzanne Frick and Douglas Kim Planners: Santa Monica pier Restoration Project october 29, 1990 Stephanie Barbanell 16 Seaview Terrace Santa Monica, California 90401 Additional Input for Public seoping of EIR for Pier Restoration Project ~XH-Ie 'T '2>. p.1 7' ,... r;"'" V \.1 1jI 4 "... Further Issues for the Pier Restoration EIR Scoping session. The conditional use permits for the nine proposed alcohol outlets of the Santa Monica Pier must not be sandwiched into the EIR approval Process. Separate hearings and the appropriate notification for each and every CUP for alcohol on the pier must be conducted. The methodology devised by the planning department in establishing their findings for Alcohol CUP's must include a crime statistic analysis of crime reporting district or Beat 2 and its 3 sub-beats. This needs to be the case in order to conform with the standards set forth in the ABC department rule 61.3 - The Undue-concentration Rule. The necessity of having a consistent city and state definition and policy toward undue-concentration should be self-evident in the granting of land use permits and alcohol licenses. Input from lifeguards, police, paramedics, Santa Monica and st. John's Hospital Emergency Physicians, Clare Foundation, Santa Monica High School Administrators and the Superintendent of the Santa Monica, Malibu School District (The pier is with 3,000 feet of the Santa Monica High School) must be solicited in order to adequately assess impacts of increased alcohol availability at the pier on the surrounding neighborhood and community at large that is in"census tract 7019 where the Pier is located. Census tract 7019 currently is an area of undue- concentration as defined by the California Alcohol Beverage Control department because it contains 102+ alcohol outlets and contains 183\ above the average amount of crime that is found in the other cri.e reportinq districts citywide. Please offer an explanation of why the proposed family restaurant required any alcohol license let alone a full distilled spirits, type 47 license. Alcohol in a family restaurant promotes the possibility of drinking and driving and puts child passengers at risk. The practice runs contrary to the health, safety and welfare of children. Presumably the "Fun Zone" located on the Pier is designed to include children and teens who are below the drinking and driving age. The proposed Fun Zone is surrounded by four EJ<.J-ttS,T 3) p.:2.. ""1""1"" '" V U u <1 .J alcohol outlets and the possibility of nine plus proposed additional outlets. This is counter to the California state Attorney General's goals of creating DRUG FREE ZONES as outlined in the enclosed materials (once again consider the Pier's proximity to the high school). The city must role- model the concept of fun without druqs; to do otherwise is to be entirely socially irresponsible. There is no public necessity to drink alcoholic beverages! Economic benefits derived from the tax revenues collected in alcohol sales are overwhelmingly over-shadowed by the alcohol related service cost to the community. Public convenience is more than satisfied by the 102+ alcohol outlets that already exist in the .6 mile are known as census tract 7019. The pier is located in census tract 7019, as I have already mentioned, and the ABC Department recommended number of on-sale outlets for the entire area is three. 20,400 drinkers can currently be accommodated by those outlets.. How many people does the City of Santa Monica planning staff and EIR consultants think should be drinking and driving? How will you advise the Planning commission? How will you measure the negative impacts of the potential drinking and driving that will result from increased alcohol availability on the pier? Finally, it is illegal by Santa Monica's municipal code to drink alcoholic beverages on the beach in Santa Monica. Why is it legal to drink alcohol above the beach? People who go into the water and have been drinkinq alcohol increase their risk of drowning. Parents who have been drinking have impaired their judgement during a time when they need to be supervising their chi1dren's beach and swimming activities - placing a greater, yet avoidable, demand on lifeguards and putting children at risk. Who are the child advocates in Santa Monica City government? In the absence of a city health department, how are health impacts for the purpose of the Pier Restoration project to be determined? What means exists to measurably assess the health risks and negative impacts of the proposed Pier Restoration Project increases in alcohol availability on the public? What measurable, objective criteria referenced data will be~Qentified and gathered for the purpose of the EIR to make that assessment? ~H'B1T 3p.3 ,.. ,... r- ~ V lJ · ~ i - - E:y.. I S'-'-' ty t'::r c.J~ uJ~de... 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",~ll A""'--3......t ,",1 -=l -1 l INTRODUCTION The Civic Center is the seat of Local, County, and State Government Aqencies. It should serve as a role-model area reflecting the values and priorities of our community. 1984: 1985-1991: 1989: 1990: 1991: BACKGROUND STATEKEHT Residents of Seaview Terrace formed a Neighborhood Watch under the guidance of the Santa Monica police. To date, 100% of the properties on Seaview Terrace have been robbed or burglarized. Many residents have had multiple burglaries and robberies in snite of an active Neighborhood Watch because there is no police patrol of the private easement and inadequate deterrence of crime in the area. Resident/Homeowners of seaview Terrace was formed to become more knowledgable and protective of our rights given the impacts of the tremendous amount of development in our immediate vicinity. I was appointed to the civic Center Specific Plan Advisory committee (CCSPAC) by Mr. John Jalili to serve as the representative of this Seaview Terrace Group to this committee. I and my neiqhbors have first- hand experience concerning the development of our area - - and the impacts,to the livability of our neighborhood. A resident of seaview Terrace is killed in an uns ignaled Ocean Avenue cross-walk south of the Loew's Hotel. Since the beginning of this process, my goal has been to assure that this adj oining residential area would be protected, preserved, and considered throughout this CCSPAC process and that this civic Center wou ld rema in an area that the entire citizenry of Santa Monica would find as a safer, cleaner area than it is currently. -1- ,... ,... (' V 1... " . , \. To that end, I will support any and all efforts to keep open spaces as they are or support increases of op-en green spaces - - and will encourage, remodelling and/or renovating of existing spaces - - as well as encourage underground development. with regard to public welfare and safety, I have presented alcohol availability findings for census tract 7109 (which is where the Civic Center is located) to the Advisory Committee and am now re- sUbmitting these findings for inclusion in the appendix section of this document along with other updated alcohol information pertinent to the Civic Center Area. Also included are 2 proposed policy requests that were submitted earlier for CCSPAC consideration. -2- ,.. .,....r- -'" 1:: . ~ - '- GENERAL COMMENTS ON THE PLAN'S ELEMENTS PXSCAL POLXCY AND APPBNDX% X. Land Use Element Alcohol outlet Findings and Background: o No Santa Monica City ("ci ty") standard or numerical definition of over-concentration exists. However, the finding of "no over-concentration," has routinely been applied, for the purposes of approving conditional Use Permits ("CUP'SIl) for alcohol, since the CUP ordinance for alcohol was established in 1985. (See Planning Commission deliberations regarding the CUP for alcohol for the Boathouse outdoor dining arQ4, July, 1991). o There exists no city Standard for determining allowable distanceS of alcohol outlets to residential areas, schools, parks, playgrounds or churches. The ABC standard states that no alcohol outlets shall be allowed within 100 feet of such land usages - unless the app~icant can prove non-interference with the quiet enjoyment of these properties. o Based on an ABC data-print- out" dated March 19, 1991, approximately 181 of the existing 324 alcohol _outlets in Santa Monica have received their Alcohol Beverage Sales licenses since 1985. This means that approximately 181 CUP's for alcohol, a pre- requisite to obtaining the ABC licenses, were issued by the City since llll when the CUP for alcohol ordinance came into effect. The Alcohol CUP ordinance was established in 1985 in recognition of the over-concentration of alcohol outlets that existed at that time. o Only 3 off-sale CUP's anel lon-sale CUP for alcohol have ever been denied since 1985, and the 181 alcohol outlets that have received their alcohol CUP's have done so, in the -3- r ro r . V II ..,"" '-' absence of a City numerical standard or definition of what constitutes over- concentration. (See Santa Monica C~ty Ordnance fer Alcohol Outlets, Subchapter 5J, Section 9049.1, p. 140-141). o According to the California Alcohol Beverage control Department ("ABC"), undue- concentration of alcohol outlets exists in Census Tract 70~ in which the Civic Center is located. ( See Administrative Law Judge, Richard Ranger' s Decision in Barbanell vs. Hyatt Corporation, December, 1990.) o ABC defines undue-concentration as a proli- feration of alcohol outlets in a census tract area, whose crime reporting district, or beat, has 20' above the average amount of crime as compared with other crime reporting districts citywide. (Business and Profes- sional Code, Section 23958, Rule 61.3, Undue-Concentration, p. 24.6.) , - .. .... .. ,... ,... r" _ ,.., 'v"" ...... , lib. . I -- D-l D-2 r :-;et./Nav. ,qq J LEITER D To: Santa Monica Planning Staff Planning commi..ion City council stephanie Berbanell 16 seaview ~errace Santa Monica, california '0401 ae: Draft EIR Santa Kanies pier Re4evelop.ent Project Froa: xntroduct.ion Aa . neighbor of the Santa Monica Pier % _ in ravor of ita r..toration, pre..rvation, and interior re.04el11ng. . I _ in favor ot providing .at., healthy and proportionate public acce.. to the beach ancS it. attractions, for all. % _ in ravor of reducing cri.. In Beat II 1n which the santa lIoni08 Pier i. located, frOJl being the highest crime area of the city. I.. in favor of reducing the .nvlronmental tapacta of ~. exce..ive alCOhol availability and undue-concentration of alcohol outleta that currently .xiat. in can.us uac1: '019 in which the pier 18 locate4 an&! reducing the re.ultant alcobol related probl....bf forbidding ah'j'nev COP'. for alcohol on the Pi.r an4 by reducing. by attrition. the ai.ting alcohol outl.b on the Pier. I.. in ~aYor of the oity of Santa Monica 90ing out of the barten4i1l9 bua1ne.. Oft city-owned property above the Santa Monica leach becau. it 1. avalnat .uniclpal cod. to drink alcohol on 'the beach. J'ublic convenience ,,111 be aore than adequat..ly ..rvad by the nalni.. .7 alcohol outlet. in t;ha .6 of . ail. are. aurroundinr the Pier. % .. oppo.ecs ~o any and all Pi.r exp8ulon or int....ification of pier u"Va. I que.tion the credtblllty of a city that would omit ....nt!al neigbborboocS input tiult va. aubai t~ In a t.bely .anner and that was aummarily 19noreCl, .. ev14enaad by that input'. .xcluaion fraa ~i. draft EXR. Zt'. Gai..lan talnta the public proc.... 8{ \H 81 T \.. ~,. , 00G51 ...ieSent/Boaeownen of s..view Terrace va. tOr1le4 b) beCOJle .ora knovledqeabl. and protect Iv. ot our rI9bt.,vlven theiapact. o~ 1:h. tr...ncSoua aaount. of cSevalopaent. 1n our i_e4iate vlcinlty. TIll. n.ighborhood .iqnec! an annotated Initial Study and ..1ghborbood I.pact. study St.at..ant for the DEIR ot the propo.ed Ocean Avenue PlaJa Project located at the comer of pcean Avenue and Pico Boulevard. ft. nelqbborbood .1viaect .."~ annotat.ed Init.ial stud,," '0 aneS N.ighborhood hpact. < -. 5 t..t....nt. i. ow.ltte4 fr01l ~. DBIR of that project., though .ubalttad 1ft . tt.ely ~r. % eub1ait . - lett.er ~ P1" Developaent. a..iatant. Planner, Dou9 Kia. reqarding WAY objectlolU1 to plana for. Incr...ecI alcobol availability on the Pier, uilia1ng alcohol CUP ........nt languag.. I lIUlmit an annobtad Initial 8tudy and ..1gbborbood Iapact 8tat_n1: for purpo.e. of inolu.ion 1n the DBIR for Pier Developaent.. in a ti_ly ..nner. Oct. 2, l"Os Cit.y Council authori..e. preparation of Pier Dev.l~t BU. J 1984: 1985-1'91: 1189: March 1, 198': Augu.t, 1989: I Aug. 24, 1990: Aug. 27, 1"0: Re.ident. Df Se.view Terrace tor. a Neiqhborhoo4 Watch under the quidance of the Santa Monica Police. To da~., loot ot the properti.. on Seavlev Terrace have been robbecl or burvl.rlzecS - (the ao.t recent, 3 week. ago - Oc~ober, lt91). Jlany r..ident.. have bad .ultipl. burglari.. and robberle. despite an active neighborhood vatcb becau.e there i. no polica pat.roJ, of 'this private .....ant., Sa.view Terrace, an4.,eacSeczuat.e d.t.errence of crl.. in t.h. are.., is ) Q oct. 25, 19tOl % offer a r.pea~ of .y annotat.ed Initial St.udy and ..lghborhoo4 Iapact stat~t. 2 .Y..- l~act.s ~in tor entire pro'ect - Rone of the .ye., no'. or ..ybet.- are chanved'on the Ini~lal study and lIelghborhood I.pa~ 8ta~_nt.. Additionally, I .ub.it: crbte atatlat:lc. and ABC Depan.ent. intonation and letter froa CLARE Foundation in -) .upport of no .ora alcohol outl.t.. in census tract 7019 in which the Pier i. located. OG&52 EX, I p. p... From: Honorable Plannlnq co.-i.. ion Stephanie Barban.ll W..t.ieSe Alcohol Policy Chair ~ober 23, 1"1 Santa Monica Pi.r Alcohol Policy - xt._ 5C "0: Date: .e: '!'he city-owned Santa Jlonlca pier 1. locate4 in tile bigh..t cri.. are. of the cl~y and i. in an area of extraae un4ue-concentratlon of alcohol outl.ts a. defind by t:be stat. alcohol beverage cont.rol departaant. (S.. factual dab pecbu) By acSoptlnq the follow!n; alcohol polley for the city-ovned pier, Santa Monica bas the opportunity to prov14. a .od.1 alcohol and other drug free f_i1y envirorment. which will proao1:e the public b.alt:h, aafety aneS welfare of not only 1ta el~l.en., but the vroving regional aneS int.rnational viait.or population 1:0 our city a. ve11. o I..u. DO new alcohol 'C.VP'. on the city-ovne4 Pier. Reduce, by. attrition, all exl.t.ln9 alcohol .erving and ..ll1n9 outl.t. on the Pier. In .0 doing, tile City of Sana Monica will be .ending 1:hi. very clear .....V.: 1) 2) 1 .. viii create alcohol end other drug' 1r.. ~..11y entertabment envlronaent8 on cJ.ty-owned land, 'therefore, we are going out of the baR.ncS!.ng bus in... . 'lb. alcohol pollel.. prGllOte4 br th. I'RC are ..rely a li.t. of condition. an4 .. neb .hould tt. dinl...cS becau.e no _ount: of condl~lona vl1l ..rve to reduce the axt~ undue-concentratlon that pre-exi.t.. in the are.. Bnforce.ent of tilo.. oon41tlona ar. unviabl. ao.u.. of t.he dr..tic cub 1n ABC enforc_nt: per.onnel and vl11 only ..rv. b) further lnIr.!en tile Santa lIonlca Police with enforc_nt r..ponsibiliti.. in tile blgbeat: criM area of the city which, in t.um, vill r..ult in leaving other part.. of the c1 ~y .ore un4ar-protacted than Ute, are, currently. , GO(j~:; E'){ '" p, " Safety Issues and The Proposed Parking structure The proposed parking structure will exacerbate the parking lot vandalism, graffiti and public urination, defecation and other anti-social behavior that currently plaques the neighborhood beach lots in the vicinity of the Santa Monica Pier. Gang and drug dealing problems also occur in existing beach parking facilities north and south of the Pier and north of Pico. The beach lots are not patrolled on a constant 24 hour basis and are currently a police problem. Only 24 hour guards at the proposed structure will possibly mitigate the potential crime impacts the structure will pose. See comments of EIR for Hyatt Hotel. See Santa Monica crime stats. Traffic Impacts The traffic study needs to factor in the following: 1) weekend traffic* 2) special events* 3) hot weather* 4) summertime* *Counts should be taken in the summer, on weekends with and without special events going on at the Pier. The cumulative effects that all the hotel development traffic will produce and the Civic Center Specific Plan EIR speculates will occur because of that development, should be analyzed. I include a video of the Cinco de ~avo Festival which shows: 1) Bike path dangerously loaded with pedestrians (traffic and circulation patterns should be studied and counts ~H tSJ;: 5 p.'-I .."... r-. _....... .. K~~~.t~~ (\1 If\''---L., '-,,-, August 15, 1992 Robert Myers City Attorney C1ty of Santa Mon1ca Box 2200 Santa Monicat CA 90406 Dear City Attorney Myers: This is a formal citizens complaint that the Santa Monica Planning Staff and the Plann1ng CommisS1on consistently violate portions of City Ordinance Subchapter 5J. Alcohol Outlets. Section 9049. Request that your office investigate these violations by reveiwing the Plann1ng Department Staff Reports on Gond1tional Use Permit Applications 92-026 and 92-028 scheduled to be heard by the Planning Comm1ss1on th1S Wednesday August 19th. The letter and intent of Section 9049.3 requires that a Conditional Use Permit for sale of alcoho11c beverages can be 1ssued only if the following findings be made in a affirmative manner: (a) The proposed use will not adversely affect the welfare of neighborhood residents 1n a significant manner. (b) The proposed use will not contribute to an undue concentration of alcohol outlets in the area. (e) The proposed use w111 not detrimentally affect nearby neighborhoods cons1dering the distance of the alcohol outlet to residential build1ngs, churches, schools, hospitals, playgrounds, parkst and other ex~st1ng alcohol outlets. (d) The proposed use is compatible with existing and potential uses within the general area. (e) Traffic and parking congestion will not result. (f) The public health, safetYt and general welfare are protected. - ,. The staff report on the two above Conditional Use Permit Applications do not even address the welfare of ne~ghborhood residents, undue neighborhood alcohol concentration, affect on children playgrounds, parks (public beach), public health, safety and general welfare. Somehow the plann~ng stafft planning commissioners and city council members have drifted into be11eving that such concerns are not important and can be ignored. If the City wishes to adopt this negligent viewpoint, they must go through the process of chanaing the law to accommodate~ this ~~ viewpoint. r", Uu'1j~ Please rev~ew Se~t~on 9049.1 1f your office has any doubts on the lP-tent of thlS law. This section clearly states a cor.cern ~lth "public drunkencss, drunk driving, traffic accldents, violent crime, noise, and nuisance". This section also states that "The City of Santa Monica contains an overconcentrat~on of alcohol outlets at which alcohol beverages are sold on premises". The preparation of this law involved extenslve study of the alcohol availabillty, alcohol consumption and resultant alcohol problems. Plannlng Commission dec~sions do not preempt Santa Monica elty Ordinance. You once commented that if the Plann~ng Com~issioners decides an issue th~s makes it so. This is not correct as Commissioners and City Council Members are bound to ub~de by the law as established in City Ordinances as any other citizen. Request that your staff critically review the two CUP Applicatlon listed above nnd lnstruct the Planning Department and the Planning Commission of their legal requ~rements. S~ncerely. ~~~~ Ken Schonlau West LA Alcohol Policy Coa11t~on P.O. Box 5235, Santa Monica 90409 Tel # (310) 396-5270 cc: Mayor Ken Genzer Clty Manager John Ja1i1i Plan~~ng Commision Cair Mechur ~ Uvv5n AITACHMENT C PLANNING COMMISSION STATEMENT OF OFFICIAL ACTION PROJECT CASE NUMBER: Conditional Use Permit 92-028 Reduced Parking Permit 92-003 LOCATION: 370 Santa Monica pier APPLICANT: Russell Barnard/City of Santa Monica CASE PLANNER: David Martin, Associate Planner REQUEST: Application for a Conditional Use Permit and Reduced Parking Permit to allow the issuance of a Type-47 alcohol license for a 699-seat restaurant and entertainment facility. CEQA STATUS: The project is categorically exempt pursuant to Class 1 (14) of the City of Santa Monica Guidelines for Implementation of CEQA. PLANNING COMMISSION ACTION 08/26/92 Date. xx Approved based on the following findings and subject to the conditions below. Denied. other. EFFECTIVE DATES OF ACTIONS IF NOT APPEALED: 09/10/92 09/10/92 Case #CUP 92-026 Case jRPP 92-002 EXPIRATION DATES OF ANY PERMITS GRANTED: 09/10/93 09/10/93 Case #CUP 92-026 Case jRPP 92-002 LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATES: Any request for an extension of the expiration date must be received in the Planning and Zoning Division prior to expiration of this permit. 3 Months Case #CUP 92-026 - 1 - OGU;)7 6 Months Case #RPP 92-002 Planning staff has spoken to representatives from the Police De- partment regarding alcohol outlets on the Pier. In regard to alcohol sales on the pier in general, Police Department staff have stated that the majority of alcohol problems on the pier and in the vicinity result from people who buy alcohol at an off-sale location and bring it to the pier or the beach, rather than peo- ple who consume alcohol in pier restaurants. Regarding the clos- ing time of pier alcohol outlets, Police Department staff have stated that they do not have significant concerns about es- tablishments on the Pier being open until 2: 00 A. M., although shorter hours of operation typically result in fewer disturban- ces. The number of Police personnel in the field decreases at 3:00 A.M. and the number of Harbor Patrol personnel decreases at 4:00 A.M. Therefore, a full complement of security personnel are on duty at the latest allowable closing time. Planning staff is recommending the standard condition of approval which limits alcohol sales to 35% of the establishment I s gross revenue. In this case, the establ ishments gross revenue would include revenue generated from the sale of event tickets and cover charges. Conclusion The RVC District standards of the Zoning Ordinance permit res- taurant and entertainment uses on the Pier. The sale of alcohol would be ancillary to the primary use of the premises as a res- taurant and entertainment venue. RECOMMENDATION It is recommended that the Planning Commission approve Condition- al Use Permit 92-028 and Reduced Parking Permit 92-003 subject to the following findings and conditions: CONDITIONAL USE PERMIT FINDINGS 1. The proposed use is one conditionally permitted within the subject district and complies with all of the applicable provisions of the "City of Santa Monica comprehensive Land Use and Zoning Ordinance", in that an alcohol license in conjunction with a restaurant and entertainment use in conditionally permitted in the RVC District. 2. The proposed use would not impair the integrity and character of the district in which it is to be established or located, in that the alcohol license will be used in conjunction with a restaurant and entertainment use, which is permitted in the RVC District. 3. The subject parcel is physically suitable for the type of land use being proposed, in that the alcohol license will be used in conjunction with a restaurant and entertainment - 2 - or n- ~- I ,', \... .... ~ use located on the Santa Monica Pier platform, which is suitable and intended for such a use. 4. The proposed use is compatible with any of the land uses presently on the subject parcel if the present land uses are to remain, in that the restaurant and entertainment use will be compatible with other uses on the Pier, which include such visitor serving facilities as shops, res- taurants and services. 5. The proposed use would be compatible with existing and permissible land uses within the district and the general area in which the proposed use is to be located, in that the restaurant and entertainment facility will be located in the Residential-Visitor Commercial District, which al- lows restaurant and entertainment uses and conditionally permits alcohol outlets. 6. There are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety, in that the site is located in an urbanized area, ade- quately served by existing infrastructure. 7. Public access to the proposed use will be adequate, in that the existing access to the Pier is adequate to serve the proposed use. 8. The physical location or placement of the use on the site is compatible with and relates harmoniously to the sur- rounding neighborhood, in that the restaurant and enter- tainment use will be located in a building previously ap- proved through an Administrative Approval. 9. The proposed use is consistent with the goals, objectives, and policies of the General Plan, in that the project is located in the Oceanfront District, which encourages visi- tor-serving entertainment uses. 10. The proposed use would not be detrimental to the public interest, health, safety, convenience, or general welfare, in that the use is consistent with the Zoning Ordinance and the Land Use Element of the General Plan. 11. The proposed use conforms precisely to the applicable per- formance standards contained in Subchapter 6, Section 9050 and special conditions outlined in Subchapter 7, Section 9055 of the City of Santa Monica Comprehensive Land Use and Zoning Ordinance, in that no performance standard per- mit is required. 12. The proposed use will not result in an overconcentration of such uses in the immediate vicinity, in that the serv- ing of alcohol from the subject establishment will be an- cillary to the primary use of the premises, which will be as a restaurant and entertainment facility. - 3 - OGr,;;~ ALCOHOL OUTLET FINDINGS 1. 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 the alcohol license will be for a previously approved restaurant and entertainment facility. 2. The proposed use will not adversely affect the welfare of neighborhood residents in a significant manner in that there are no residents within 500' of the restaurant. 3. The proposed use will not contribute to an undue concentration of alcohol outlets in the area in that the restaurant is located on the Santa Monica Pier, which serves a regional population of over two million people per year. 4. The proposed use will not detrimentally affect nearby neighborhoods considering the distance of the alcohol outlet to residential buildings, churches, schools, hospitals, playgrounds, parks, and other existing alcohol outlets in that there are no residential buildings, churches, schools, or hospitals in the immediate area, and the issuance of a Type 47 alcohol license which only allows on site consumption of alcohol will not detrimentally affect the public beach since it allows on-site consumption only and in that the conditions for approval such as the hours of operation, server training requirements and limitations on the percentage of alcohol to gross sales that can be sold will minimize the potential affect on the nearest residential uses. 5. The proposed use is compatible with existing and potential uses within the general area in that the restaurant will be located on the Santa Monica Pier which contains several restaurants, shops and other visitor serving uses. 6. Traffic and parking congestion will not result from the proposed use in that the pier is served by existing streets and parking is available on the pier and in the parking lots located adjacent to the Pier. 7. The public health, safety, and general welfare protected in that the project is consistent with provisions of the Zoning Ordinance and the Land Element of the General Plan. are the Use 8. No harm to adj acent properties will result in that the conditions of approval will ensure that the establishment operates in a responsible manner. 9. The proposed use is consistent with the objectives of the General Plan in that the Land Use Element of the General - 4 - OGG6n Plan designates the area as the Ocean Front District, and encourages uses that serve visitors and residents. REDUCED PARKING PERMIT FINDINGS 1. A sufficient number of spaces are provided to meet the greater parking demand of the participating uses in that the shared parking analysis contained in the Pier Development proj ect EIR concludes that the peak period parking demand for the e){isting pier uses and the Ash Grove and S inbad '5 proj ect would be 1, 040 spaces, and there are currently a total of 1,210 spaces available. 2. Satisfactory evidence has been submitted by the parties operating the shared parking facility, describing the nature of the uses and times when the uses operate so as to demonstrate the lack of conflict between them in that the shared parking arrangement was analyzed in the pier Project EIR, and this analysis indicated there would be sufficient parking spaces available. ALCOHOL OUTLET CONDITIONS 1. The premises shall maintain a kitchen or food-serving area in which a variety of food is prepared and cooked on the premises. 2. The premises shall serve food to patrons during all hours the establishment is open for customers. 3. seating arrangements for sit-down patrons shall not exceed 699 seats. 4. Take out service shall be only incidental to the primary sit-down use. 5. No alcoholic beverage shall be sold for consumption beyond the premises. 6. The primary use of the outdoor dining area shall be for seated meals service. Patrons who are standing in the outdoor seating area shall not be served except during private parties when the general pubic is not admitted. 7. The outdoor patios must be adequately secured to prohibit contact with non-patrons, and door security must be provided at all times during hours when alcoholic beverages are being served. 8. Hours of alcohol ic beverage service shall be 6 a. m. to 2:00 a.m., seven days a week. 9. No more than 50% if gross revenues shall be from alcohol sales. The operator shall maintain records of gross - 5 - ,.. G r 6 - V II} .! revenue sources which shall be available to the City of Santa Monica and the state ABC upon request. 10. Alcohol shall not be served in any disposable container such as disposable plastic or paper cups, unless it is purchased at a walk-up counter, in which case it shall be sold in a distinct cup. Alcohol shall not be served at walk-up counters in cans or bottles. 11. No more than three video or other amusement games shall be permitted on the premises. 12. within thirty (30) days from date of approval (if approved) the applicant shall provide a copy of the statement of Official Action for this approval to the local office of the state Alcoholic Beverage Control department. 13. This permit shall expire one year from the effective date of approval unless required ABC permits are obtained. Two six (6) month extensions of the one year period may be permitted if approved by the Director of Planning. Applicant is on notice that an extension may not be granted if development standards relevant to the project have changed since project approval. 1.4. Applicant is on notice that all temporary signage is subject to the restrictions of the City sign ordinance. 15. Any new restaurant at the site with greater than 50 seats is required to install an interceptor with 1000 gallons minimum holding capacity. The General Services Department may modify the above requirements only for good cause. Specifically, the facility must demonstrate to the satis- faction of the Industrial Waste Section and Building and Safety Division that interceptor installation is not feasible at the site in question. 16. No expansion in number of seats, intensity of operation, or outdoor areas shall occur without prior approval from the City of Santa Monica and State ABC. 17. Prior to issuance of a business license, a security plan shall be submitted to the Chief of Police for review and approval. The plan shall address both physical and operational security issues. 18. Prior to issuance of a business license, the operator shall submit a plan for approval by the Director of Planning regarding employee alcohol awareness training programs and policies. The plan shall outline a mandatory alcohol awareness training program for all employees having' contact with the public and shall state management I s policies addressing alcohol consumption and inebriation. The operator shall provide City with an compliance report regarding compliance with this condition - 6 - ft f. r, 6 ':' upon request. This project shall be subject to any future City-wide alcohol awareness training program condition affecting similar establishments. The plan shall also set forth a "designated driver" program, which shall be offered by the operator of the establishment to patrons. 19. Final plans landscaping, subj ect to Commission. for any changes to exterior trash enclosures, and/or signage review and approval by the design, shall be Landmarks 20. Minor amendments to the plans shall be subject to approval by the Director of Planning. An increase of more than 10% 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. 21. The applicant shall comply with all legal requirements regarding prOV1S1ons for the disabled, including those set forth in the California Administrative Code, Title 24, Part 2. 22. 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. 23. The operation shall at all times be conducted in a manner not detrimental to surrounding properties or residents by reason of lights, noise, acti vi ties, parking, or other actions. 24. For any minimum purchase per patron, the establishment shall permit the minimum to be satisfied with the purchase of food, as well as alcoholic and non-alcoholic beverages. VOTE Ayes: Nays: Abstain: Absent: Morales, O'Connor, Mechur, Rosenstein Polhemus Pyne Gilpin NOTICE If this is a final decision not subject to further appeal under the City of Santa Monica Comprehensive Land Use and Zoning Or- dinance, the time within which judicial review of this decision must be sought is governed by Code of Civil Procedure Section 1094.6, which provision has been adopted by the City pursuant to Municipal Code Section 1400. - 7 - OG(j6~ I hereby certify that this Statement of Official Action accurate- ly reflects the final determination of the Pl.nninq Commission of the city of Santa Monica. signature date Ralph Mechur, Chairperson Please Print Name and Title I hereby aqree to the above conditions of approval and acknowledge that failure to comply with such conditions shall constitute grounds for potential revocation of the permit approval. Applicant's signature Print Name and Title PC/OA9226 OM - 8 - " ,.. ,.. .- ,. tJ u V tJ [{