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SR-7-C (4) LUTM:PB:DKW:DM/CCSR9226.pcword.plan council Mtg: October 13, 1992 7-C OCT 13 1992 Santa Monica, california ( r: TO: Mayor and city Council "I... _ OCT 2 7 1991' FROM: City staff SUBJECT: Condi tional Use Permit and Reduced Parking Permit to allow the operation of a 7,068 square foot, 376-seat cabaret and restaurant with a Type-47 (on-sale general) alcohol license at 250 Santa Monica Pier. Conditional Use Permit 92-026 Reduced Parking Permit 92-002 Applicant: Ash Grove Enterprises/City of Santa Monica Appellant: Stephanie Barbanell INTRODUCTION This report recommends that the City Council deny the appeal and uphold the Planning Commission's approval of Conditional Use Permit 92-026 and Reduced Parking Permit 92-002. BACKGROUND The proposed project will occupy 6,104 square feet of floor area within the existing Billiard Building and 964 square feet of out- door patio space adjacent to the building. The cabaret/ restaurant will have a total of 376 seats including a 2S-seat lunch cafe, a 10-seat bar, a 35-seat private room, 66 outdoor patio seats and a 240-seat main cabaret/restaurant room. seating in the main room will be oriented in a cabaret configuration, directed toward a 200 square foot stage in the southwest corner of the facility. A 300 square foot kitchen and a 160 square foot bar will be located in the northwest corner of the facility. - 1 - 7-(! OCT 2 7 1992 OCT 1 3 J992 \" ") ~ t"'. ... ~ , The 2,152 square foot second floor of the project will contain a 35-seat private banquet room, restrooms, a dressing room, storage space and an office. An elevator will be installed to provide handicap access to the second floor. The portion of the facility over the stage and cabaret seating area features a high ceiling with no second floor space. Exterior modifications to the building will be limited to new signage and awnings, relocated doors and windows, and outdoor dining. These improvements will be subject to the review and approval of the Landmarks Commission. In March of 1990, the Zoning Administrator granted an Administra- tive Approval to allow the renovation of the existing Billiard Building at 250-258 Santa Monica Pier. The remodel included in- tarior and exterior improvements to the building. The two exist- ing restaurant tenants (the Crown and Anchor and Santa Monica Seafood) reopened in the building following the remodel. Ex- terior improvements were also made to the portion of the building where the Ash Grove is to be located. 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 Project concluded that there would be approximately 68,085 square feet of res- taurant/entertainment space and a total of approximately 2,270 t) ~... r" .... ... .. - 2 - 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 Sinbad's are the subject of a separate 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 the Ash Grove. The commission ap- proved the proj ect by a vote of four to one , with one commis- sioner absent and one commissioner abstaining. On August 27, 1992, the applicant appealed one of the Planning Commission t s conditions of approval, and on September 9, 1992, stephanie Bar- banell appealed the overall approval of the project. - 3 - ANALYSIS Reduced parking Permit Code required parking for the proposed cabaret/restaurant would be 110 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 res- taurant area. The applicant has applied for a Reduced Parking Permit to allow a reduction of the required number of parking spaces based on the fact that shared parking is characteristic of the pier and the adjacent beach lots. The Environmental Impact Report certified by the city council for the pier Development proj ect included a parking analysis which concluded that there are enough existing parking spaces to accommodate the existing demand from the Pier, as well as the demand which would be gener- ated by the Ash Grove and Sinbad1s projects. There are currently 1,2l0 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 10l spaces for a total of 1,040 space. This results in a surplus of 170 spaces. During the evenings, which are expected to be the peak demand period for the subject facility, there are substan- tial parking resources available due to the lack of beach parking demand. Based on these calculations, staff is recommending ap- proval 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-41 (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) SM 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 Jack's on the Pier (58 seats) 390 Santa Monica Pier Big Deants 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 representatives 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. ~ppeals 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. Barbane11 appealed the approval based on her concern about the number of alcohol outlets wi thin 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 the number of alcohol outlets in a given census tract to the amount of crime. However, the ABC definition - 6 - is a guideline which may be used by the ABC to deny an alcohol license, but denial is not a requirement for the ARB or for local jurisdictions. While the zoning Ordinance does not contain a definition of t1undue concentration", 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- concentration and has been utilized on Main Street and the Prome- nade. 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 ancillary to the primary use as an entertainment and restaurant facility. - 7 - 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 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 92-026 and Reduced Parking Permit 92-002 with the findings and conditions contained ~n the Planning Commission statement of Official Action (Attachmen~ 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 DM PC/CCSR9226 10/06/92 - 8 - ATTACHMENT A CUY of Santa Monica Community and Economic Development Department Planning and Zoning DivisIon (213} 458-8341 APPEAL FORM ,\C~7 l~ 7_ 7,1'--- CL- FEE. $100.00 Date Filed Received by ReceIpt No 9/-./'1"L ~ w ; t( Name CITY OF SANTA MONICA/ASH GROVE EVTERPRISES, INC. Add 200 SANTA MONICA PIER ress " Contact Person JOHN GILCHRIST lED PEARL Phone (310) 458-8900 PleasedescnbeltleproJectanddeClSlO11lObeappealed Approval of condit~onal use perm1t CUP 92-026 to allow the lssuance of a type-47 (on sale general for bona f1de eatlng place) alcohol llcense for a 7,068 square foot, 376 seat cabaret and restaurant at 250 Santa Mon1ca Pler. Case Number Address Applicant Ongmal heanng date Ongmal action CUP 92-026 250 SANTA MONICA PIER CITY OF SANTA MONICA/ASHGROVE ENTERPRISES, INC. AUGUST -19/ 1992 AUGTT!=;T 26. 1992 Please state the specifIC reason(s) tor the appeal The CUP for th1S locatlon was approved w1th 23 conditlons includln9 #16 WhlCh requlres that among other cond1t1ons "No 1ntensity of operatlon shall occur wlthout prlor approval from the Clty of Santa Mon1ca and State ABC." ThlS conditlon 1S unacceptable because it 1S vaque, undefined and establlshes no measurable crlterla for "lntens1ty of operatlon". Ash Grove could be sub~ect to arbitrary appllcatlon of thlS condit1on reau1r1nq a new CUP and potentla1 loss of the ABC llcense. Slgnalure /1 _ g~1I add,lIIonal space IS needed. use batkof tonn ~C, Date "se;#~/( /9':72- (/ J , ooa09 FEE: $100.00 CIty of Santa Monica CommunIty and Economic Development Department Planning and Zoning DIvision (213) 458-8341 APPEAL FORM CITY OF :.. ! ~r~ - CITY PLMi\ - _ J~F!C:: DateAed RecelV8d by Receipt No. A~2-0l2- q I ~ I cl "1- ~"J g ie~i?9$ '92 SEP -9 P3:23 Name {" J -f ep h..(.t/v1 ; p, k:':a.r- b O--trl ~..P I ~ Res I r.f e ,"IT 0.(: (\, . '1~, ~ lr c, l f- '7:y:; Address r (- <~O J 1 j ~ I . ) ~~rc C' e- - Con!act Person -T -e ~ r '1 Be, ~ c-:, Phone g f 'l - g g e, - s"l ~- ~"1 A PleasedescnbetheproJectanddeClSlOOtlbeappealed r ( ,p '1")...- C2.e cL. R(",,~-u.("' eo +? ;- 1.( r '1..~ If rY>-1 t -:-, '1 ~ - <:.,e> ;;J-: " ,,? S-.C -SL,V1-k. H ~-! -'" r' ~ P 'f' ^ I ~ P. ~ Ide {l h (I ~, \.' 1 (~ r; I:::: t (, ( C' t-: .sr- n c>' II" t '_ ' 41.r. €' ("'": oe_; c. ..+--t,nn r', +: c:. -=<-,., L- - Sf" c..}- ,I f'r-; to E.:- e. ?I,/ (0 S ~ ~ ( C A , i- \;.; / !f-u p Q. ;--r! ~-, Co -17,1......0 { / {}AL';:';~..v1 .c e I' - Case Number , Address .;;L .S c' ,Sf _-<-, --t-t--:., H (", n r (" A PI F- r Applicant A<."', c;'--"".JeJ ~h+-<FOrH-e,:- T,"")c. / (1 i+ I (-;.C' .....":"'1".....1"1./ Co{ k'C,.." Q,A Onglnal heanng date A-I ) h- ~ ~ j / q C; 2... - I Onglnal actIOn t4 p',iJ /,-!,,)J~ d Please state the speclflc reason(s) for the appeal R ~ G, ,e ~ -t- {,tv r- /l. iO I O-.Pfl'-(. ~; r:,. \ Dr +1-'1 ~ \. Y -f c:L ,- C^ r 1"'-- I .'\ '3 J.~n I I c <-,e I n (.i .3 ro ( -' Yl rl r:::-. ~ \\ Ihe:-:--'AiL.oI'lDI F'I''lri,(l~,S do.f-ed ltuC:r ICf) ''1Ql ( '-,e e_ A ++r-:. C1,.j rY\ ~n +- A )!---_ _ , __" ,?"\ TIlle- kjf='~ ",08"7c DuT C.HARTS. Dr-e~.~ed h~ +f"ef)11t/~ ~Hf - . I - I r( D!.... (;('f. - P-ev I/~ 2.-) d The. -f'~1+-Pr~' '''' mefl+- . ~JJ I (le.S. of ~ ! S. "I c111t (_L~I...I~ - l~h(c.h c~'\ild be, If"\ onn-AJcl-. ~) " 5/Ctfl'..{:-,rr..-t"'lf- v '-0 ((jhOVL(? 0+ Dt'Jr-+';'v')..." - ....J. _ , COr. C 1 hi 0 ( d,n (I () r; ~ <u b("r h (, n--t--f.- r ~\, A, (' ~,j..-Il"", f I --- - ell, f-((Jr-L 5e-C','w qO'Tq - Inc(u~/(..i(' -&~ A-rrM.'+ftaJr ts - ( Le. t+€J +-0 R r;he.r t- . Ha~r ~ -f-rofYl k(J n S('_~1'\ In1'z . ,r+l~ I ~ I 1 q q 2. ') I . , 4\ Co 0: (kA Y\ 11 fYlfJf7. C c? J ,.<:,,+-rJ. n do {'-J 0, d e r I ~" r +r.:,......... .../ . - . nf-- I ~ 1,1 rl rIP - eI n (' P tl"t-f"""C4-- f-r 0 rl CA..-Vl &. C> t.e.:- - (' G r1 (' \'2-/--1 t-("'-a h on ' 5) N e C) I e('" ~ 0+:: Ne ~ (I h \---.nr VJ_ ad I-l-E'a' t{, I _~ [P+u (;.-V1.r{ lJpJ~re~ Q)JRJ) U ' ' .-/ ('~, V (I:;' i I p~_ f (Yl,+ , -+-,. , . d~n L{ (in / " add1bonal ~ IS needed. U!l8 back o11onn. ~..' 1./> ") /' I Sgnature ,_X",~ /~"'.Ji ;, !/--et-,{ ...1..-(../ ./ Date ..J.P n:r- , I q. .I qCrL - I OOuin August 19, 1992 A \(~ohot A + tcLl-YYY1.~ -L A- F~,~ I "'c.:1 s - 8 3p"-jes J 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 state~nt of alcohol findings with respect to the above mentioned locations for the purposes--- of recommending denial of item 8-0 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 numbers should be reduced - if anything on public owned property.) B. The proposed alcohol outlet>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 outle'b on the pier will detrimentally affect nearby neighborhoods considering the distance of the alcohol outlet to re~dential buildin9s 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 additional alCOhol outlets and the reduction of parking spaces that are proposed. The Pier Restoratid"n EIR was approved with over-riding consideration because the traffic impact could not OOGii ATTACHMENT B Page II Planning Commission August 19, 1992 be mitigated. This is because that EIR determined that ten major intersections surrounding the Pier are already operating at an "F't rating. 1,000 seats in Beat 2 niqht clubs will only add to the traffic and parking congestion. E. The addition of any more alcohol outlets would be in conflict with 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 qeneral welfare are oot 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'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 alcohol ic 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 budqetary 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. OG012 page III Planning Commission August 19, 1.992 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 1.991 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 IS performances where alcohol is being 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 finclings. 8. Cla.re Foundation letter. 9. ABC Director's letter to Ira Reiner. 10_ ~/e~. 0 g Ole. Du r: <t' ,t1i:...r Sincerely, I ~~~~ Stephanie Barbanell Santa Monica, California SB/lc ~ S. ,,~ , 8A- ~ K G f(J::x1 ill K ft: Tl= f<J A LS aat-ec{ Sepf- 9) } 17 L. 00&i3 SANTA MONICA FIRE DEPARTME:-V,/ADMI~lSTRATJO\' JOHN M MONTENERO FIRE CHIEF (310) 458-8651 BUREAU OF FIRE PRE\ E\"TIO' CRAIG l COLLIE:::; FIRE MARSHAL (3'0) 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 sq. ft. Concert Area 59,500 sq. ft. Municipal Pier & Boardwalk 5?,QOO sq. ft. Total Pier square footage 202,400 sq. ft. PierlO/91 ex }-t t B ,,-: 7 00&14 FAX NUMBER (310) 395-3395 1444 7TH STREET . SANTA MONICA, CALIFORNIA 90401.4012 .. "E OF CAUFoPNIA - lUStNESS. TRAHS1OAT'" AND HOUSING AGEHCY PETE'MLSON Gcwmof PARTMENT OF ALCOHOLIC BEVERAGE CONTROL lqlewood D~str1ct off~ce ;e Manchester Blvd., 2nd Floor .0. Eo:-Y 6500 191ewood, California 90306 2.13)412-6311 ~ ~ October 22, 1991 Stephanie Barbanell 16 Seaview Terrace Santa Monica, CA 90401 Dear Ms. Barbanell~ The following shows information you requested: ON-SALE OFF-SALE CENSUS TRACT POPULA'l'ION ~LLOWED-EXIS'r ~LLOWED-EXIST 7019 2472 - 3 92 3 12 7020 5483 6 9 5 8 7021 6240 7 23 6 4 The population is based on 1990 census figures. The enclosure shows the method of computing ~he number of licenses allowed based on the population. S1n;/~r~'lY' _ ~~~~ ~ ~ L. Grey District Administrator GLG/sp Ene. 0'" r - \J'Jl() ,,~ OF CAUFORN~ -: 8USMlESS. TRANSPORTAT. _ .u4D HOU$/NG AGEPfCV PFrE WILSON. Gawmor EPARTMENT OF ALCOHOLIC BEVERAGE CONTROL Inolewood District office ONE MANCHESTER BLVD. P.O. 90X 6500 Inglewood, California 90306 310/412-6311 ~ ~ December 3, 1991 Ms. Stefan1e Barbanell 16 seav1ew Terrace Santa Monica, CA 90401 Dear Ms. Barbanell: The information that you asked for concerning Census Tracts 7013.01 and 1014 is as follows: 7013.01 ALLOWED On-Sale 8 Off-sale 6 JXIST 5 3 7014 ~LLOWED On-Sale 7 Off-Sale 6 EX:IST 6 1 If I can be of furtber ass1stance, please call me. ?~y ~t~;ict Administrator GLG : lib 00U1U Repo~ted C~l~e 1991<.) Patrol F1~ea % Above/Below Average To tal Cr ll"le ( 1 ) -...---......:---..-...........:...-............. Avel""age (All Areu) I :!:Z29 o -------------~-----------------l----------------- .. ~ 3436 +$4.1 -------------1-----------------1----------------- :3 3516 +57.7 -------------~-----------------;----------------- 4 Z590 +16.2 -------------I-----------------~------~---------- 5 1969 -11 .7 -------------:-----------------{----------------- s 2083 - 6.6 -------------1-----------------1----------------- 7 1566 -Z6.6 -------------l--~--------------~----------------- B -81 .0 I , ......---....:.....--..........1..........-...... 424 TOTAL. 15.604 . Reported Crll"le a5 calculated acco~dlnQ to Alcoholic 8eve~age Control Tltle 4. SectIon 61 .3. Crl~e 15 calculated by addlng the total nu~be~ of Pa~t I CriMe~ to the total nUMber of ar~e$t$ fo~ ell othe~ crl~e5 (exce~t trafflc). ( I) The5e figures do not Include t .692 srre5ts for whIch the Patrol Are5 of the erre5t wa~ not entered 1nto the aY5tcM. ,. .. 00017 ~'- ~ ntn en tl ~g. ...,. Q, AI Dl ~. l"l 0 rtm rt ...., 00 1'1", 0 H .. .. 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No. Z3 I' '.1 _ 23958 of the Alcoholic Beverage Control Act, undue concentration includes, but is not limited to, conditions set forth below: The appli~~t ~remi~ Eor an ori!inllll or preJ)'lice$-to-preJT\ises transfer of any retail license are located in a ~ r~ ~i~ct Whi~h h~ a m~ Rre&ter nl~~~norted crimes, u ,d"!!'~'~~1 than t~ .~ge D~ of repo .-:;.res as determinea fniID )Il'~Aiie ~l1iDI GlSmcD WIthin the jurisdiction of the local law enforciiDent agency if the foDowing conditions exUt: . ~ 1) As to on-sale retail license applications.. 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-ale retail licenses to population in the county in which the applicant pr~es are located. (2) As to off-sale retaillieeose .lpplications. the ratio of off..saIe retail licenses co population in the census, tract or census division in which the appli~g~ t prenuse5 are located exceeds the ratio of off-sale retail licenses to popUlation in the county in which the ap~Ucant preJni~ are located. Notwithstanding the above, the depa.. twent may issue a license if the appli- cant . shows that public convenience or n~~ty would be served by such issuance. (b) Definition of Te~ .lnd.Data Sources.--!he following -definitions and data sources ~n ~~~e construction and application of this rule: ~ ~. .~.' mean geogI:8phical areas within the boundaries of a. e governmental entity (city or the unin~rated area of a county), whi re~rting districts are identified by the local law enEorcement agency in the compilation and rrulIi"ltenance of statistical information on reported crimes and arTests. (2) "Reported Crimes" are the most recent year:::rilation by the local law enforcement agency of reported oft'enses Qf -. homicide, forcible ra~. robbery, a~vated assault. burgWy.larceny-theEt, motor vehicle theft, and such offenses shall be combined with all arrests Eor other crimes, felonieS and misdemeanors, except traffic citations.. . (3) "Population WithiD the Census Tract or Census Division" means the population as detefrrl~!\ed by the most recent United States decennial or ~ . census. Such ~pulatiOD determination shall Dot operate to prevent an appli- cant from establishing. that an increase of resident population .,~~ occurred within the census tract or census division. (4) "Pop~~~~tion in the County" shall be determined by the annual pop~1J~- con est:iI:::lte for C",:t'c!t:i: =!~~t:c: publiJhed bj' :be Pvpld.:;.ticn Resea:cn Unit, State Department of rmance.' 0 f' r .., r< (5) "'BetAn Licenses" shall include the follbwin : .' u v ,.. u (A) Off-sale Retail Licenses: Types 20 (off-sale ~er and wine) and 21 (off- sale general). ' (B) On-sale Retail Licenses: All retail, on-sale licenses ex~pt 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 ~d - wine for ~1a.'1e.},. t I ~ (o.,.sale gfln~ral for tt:ain and !lP.eping -.,r) I 54 (on-we !!elleral f'IT hn~t'\ I;~ ~ n :s (,.. c.. " :\ r! ~ ..,.. -.( (\ -4 ,. ... f\) ~ ~ ~ .... 6 :s 7 (tl 0. ~ - po. - ~ ;.., tr ~ '" .... .. ... .. j." , , \ j I' , ' ....c '70. ......... 00021 J0 19'0-'1 LOS AHGELEI COUNTY PLAN ~OR ALCOHOL-RELATED SERVICBS r \'0 f~ .. prepareel ))y County of Loa Augele& Department of Health service. Offioe of Alcohol Programs oc=tober oi, 1'90 00022 HATURB AND EXTENT or ALCOHOL-RELATED PROBLEMS IH LOS AHGEL!:8 COUN'l'Y The consumption of alcoholic beveraqes 1s considered by much of society to be a legitimate part of daily livin;. People of all ages, socioeconomic levels, and almost every cultural qroup drink alcohol. Althouqh alcohol use 1s widespread, an estimated 33 percent of Americans age 18 and over do not drink (Clark and Hidanik 1982). Alcohol i. associated with many positive and valued .ocial customs and rituals. Media and advertising portrayals of alcohol both reflect and shape societal attitudes about alcohol by associating drinking with many desirable attributes (Moskowitz 1.989). In addition, the production and distribution of alcoholic beverages is 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 drug which may impair physical coordination and jUdgment, diminish control OVer impulsive behavior, and cause serious short and long-term heal th consequences. The (leqree of these effects is usually directly related to the amount consumed. Throughout this nation's history, society has held contradictory attitudes about alcohol and has enacted various policies to control alcoholic beveraqes. Perhaps the most notable experilnent in recent history is the 18th Amendment to the U. S . Constitution, which prohibited the manufacture and sale ot alcoholic beverages from 1920 to 1933. Although effective in terms of significantly 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 individualst drinking. :T~ 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 of the nature and scope of alcohol"related problems. The nature of alcohol- related problems is increasingly being c1efined not just as an indiviaual problem, but also as a family ana community problem. The scope of alCOhol-related problems 1s defined not just as alcoholic drinking. but also as any censumRtion of alcohol in hiqh risk &i tuations. . -.::...-' . 4 00"- n. \.J d ,~ ;j Just as an individual' B drinking affects the family and the community, so do family anc:l community attitude. about alcohol affect the drinking practices of individuals. Alcoholism is not just an intrapsychic, individual problem. Alcoholism is a product o~ the drinker's relationship to, and interaction with, the immediate community and friends, the workplace and co-workers, and society in qeneral. Problem drinking can be supported in the indivi~ual by society's often irrational attltudes toward and ignorance about alcohol. Problem drinking is trequently unintentionally supported by family, friends, co~worker., employers, and others in the drinker's social envirolUl1ent. Traditionally, wa have thought of alcohol problems aa the result of chronic, excessive consumption at alcohol. Cirrhosis of the liver and many other health problems are long-term results ot this type of consumption. However, there are many other alcohol-related problems which are not caused by chronic excessive use, but are associated wi~h the place or circumstance of alcohol consumption. tor example} research indicates that any consumption of alcohol by a preqnant woman may produce birth defects. Also, alcohol consumption by a perBon who will be driving an automobile immediately afterward croates an unacceptable risk ot harm to ~oth himsel f and others. For these reasons, the de!1ni t.ion of the scope at alcohol-rela-tecl problems is being expanded to inClude any drinking in high risk situations in addition to chronic, heavy drinkinq. INDIVIDUAL 1LCOHOL-RELATED PROBLE~A At the individual level, alcohol is a factor in a broaa range of problems including ~hysicalr emotional, 8001al, legal, and employment problems. EstimAtes of the numbers of alcoholics and people with alcohol-related problems in this country range from 10 to 18 million persons (WeGt 1984 J united State. Department of Heal th and Human Services 1983' Secretary ot Hea.l th and Kuman Service. ~986). The broad range ot 85timates is largely attributable to ditterences in defining and measurinq alcoholism. Early formulas to estimate prevalence usually defined alcoholism as physical dependence on alcohol and used rAtes of liver cirrhosis as indicators of alcoholism. Williams et a1. (1987) developed 1990 projections for the number of alcohol abusers and alcoholics in specific age groups in the resident, non-institutionalized u.s. population aged 18 years and older. Applyinq th... projections to estimates of 1990 population for Los Angel.. County shows that alcohol abusers and alcoholics corbined are estimated a~_ 602,207 persons (5.. table 1). -- 5 Or'> r 'j · U,J.... ,( TABLE 1 Estimated Nu~bers of Alcohol Abusers and Alcoholics Combinea - Los Angeles county 1990. Age Total Category Number (\) 18-20 years 61.152 (10.1'> 21-34 years 288,920 (4B.Ot> 35-49 years 180,506 (30.0t) 50-64 years 53,781 (8.9%) 65 and over 17,848 (3.0\ ) Total 602,207 (100%) . In this study, alcoholics were defined as those showinq signs of alcohol dependence such as loss Qf memory, inability to stop drinking until intoxication, inability to cut down on drinkinq, binqe drinking, and withdrawal symptoms. Alcohol abusers were defined as those who experience negative .ocial or personal consequences of alcohol use, such as arrest, accident involvement, health problems, impairment of job performance, or difficulties in personal relationships (Willia~s et al. 1987). For the population between 14 and 17 years old, one researcher estimated that about 1 in 5 is a problem drinker (Crechowicz 198B). Applyin9 this ratio to County population estimates for 1990 indicates that about 87,344 persons in this age bracket are prOblem drinkers. Addinq both estimated figures showc that approximately ( ~89, 551 ~ersons 14 years and over in the County f~ll ~.ntc! the ea~e-.9~ry of being an alc;..oh91ic, alco~ol ~user, o:r--proble~ drinker. TnA~ group represents 8.1 percent of the-tofil-estimated County population for 1990. Compared to other studies, this is a conservative estimate. A~eohol-Rel~ted Mortslitv The Centers for Disease Control has estimated that 105,095 persons died trom alcohol-related causes in 1987, which.constitutes 4.9 percent of total national mortality (Centers for Disease Control 1990). Of these 105,095 deaths, 66.8 percent were males. Alcohol- related mortality accounted for 6.3 percent of all doaths among males and. 3.4 percent of all deaths among female. 1n 1987. Specific diagnosis ~hich were major contributors to these deaths included ~otor vehicle crashes (1~.3 percent), homicide (8.1 percent), alcoholic liver cirrhosis (7.1 percent), and esophageal cancer (6.5 percent). 6 0.... ,. .- - UU.!.,) In qeneral, alcohol is a contributinq factor in a variety of causes of injury and deatht including liver diaease, cancer, home and recreational accidonts, falls, fires, drownin9s, boat!n; 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-Relat~d Morbidity Alcohol is associated with a wide variety of medical and psychological problems. Between 25 and 50 percent ot patients seen in an average general medical practice have siqnificant medical and psychological proble~s associated with alcohol use (Miller et a1. 1988). The types of health problems typically found in heavy drinkers include liver diaeases, particularly cirrhosis~ diseases of the nervous, gastrointestinal, and respiratory systems: heart and vascular disease.; cancers: =etabolic and immune system disorders; endocrine disorders; nutritional deficiencies 1 poisoning; ana injuries from motor ~ehicle and other accidents (NIAAA 1987)_ Gastrointestinal diaturbanoes commonly occur wi 1:h alcohol use. Esophagitis (heartburn) , peptic ulcer d.isease, and aeute pancreatitis otten result from regular alcohol consumption. Vague abdominal di.co~fort, ~iarrhea, constipation, quaiac positive stools, and gastric cancer are also associated with alcohol use (Miller et a1. 1988). In addition, there is substantial alcohol association with certain neurotic pe.rsonalities, other nonpsychotic mental disoraers, and drug abuse (stinson at al. 1986). Individual alcohol-related problems also result in problems for the family, the friends, and the community of the drinker. since alcohol-related problems are a product of the reciprocal relationship between drinkers and their environments, the individual problems also become family and community issues. FAMILY P~OBLE"S RELATED TO ~LCO~OL There is a complex relDt:ionShlp between alcohol and disrupted families. Alcohol is involved in one-third of child mOlestation incidents, approximately one-fourth to one-half of marital viol.noe incidents, and in 13 percent of reported Child abuse cases (Bowen 1988: Roizen 1982; Hamilton and Collins 1981). Estimates of the concurrent incidence of alcohol problems and family violence range from 25 to 8S percent of the families studied (ROY 1977: Katz 1982; Flanzer 1984; Harner 1987). Rather than .. cause and effect relationship, alcohol-related family violence is seen as a synergistic interaction of the .tw~. pro~lems (Flanzer 1984). Research evidence suggests that divorce and separation rates among alcoholics are seven times higher than in the general population (~ao11no and Mccrady 1977). 7 OGc,~G Although it is not doeu~ented in the research, one of the most severe alcohol-related problems aftect1n9 families is their deniGl ot alcohol .s a p~oblem. In many instances, problem drinkers are able to continue destructive drinking patterns because family lQembers unintentionally support. and assist them. Refusing to aCknowledge alcohol as a problem can perpetuate dysfunction in families and affect the ~ocial and emotional development of children. Family alcohol-related problems may beg-in before birth. Fetal Alcohol. syndrome (FAS) is a distinct pattern of physical and behavioral anoma11es which can occur in children of women who drink. alcohol during pregnancy. The health effects ot maternal drinking on the developing fetus include neuroloqical, behAvioral, skeletal, morphological, and devQlop~ental disorders, including mental retardai:iQn. Acoording to the National Institute of Alcoholism and Alcohol Abuse (NIAAA 198)), FAS i. one ot the leading causes of birth detects, 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 wbo drank durinq pregnancy. The United states Surgeon General (1981) has warned that any consumption of alcoholic beverages during pregnancy may be dangerous to the fetus. He has advised women who are preqnant (or considerinq pregnancy) not to drink alcoholic beverages and to be aware of the alcoholic content of foods and drugs. Reaearch shows that the risk of low birth weight, irritability, and other developmental problems is higher even when pregnant women drink only moderately (Little, 1977' Streissquth et al. 1982). Growing up in an alcoholic home may have long-term effects on children. There are an estimated 28.6 million children ot alc.:-h~lics, 6.6 million of whom are under the age of 18. Research on children of alcoholics is relatively new, and is limited by methodological and ethical concerns about samples. In a review of the available literature, Woodside (1982) noted studies which suggest lower self-esteem, heightened social aqgression, and increased emotional detachment among children of alcoholics. CO~VNITY ~ 80~I2TAL PROBLEK~ RELATED_TO ALCOHOL Family and individual alcohol-related problems have a cumulative neq~tiv. impact on communities and on society-at-large. The costs of alcohol-related problems can be expressed quantitatively in economic t.erms. Qualitatively, the coats may be ..timated by con~iderinq ~h. role of alcohol in our society, and considerinq the human costs experienced by families and indivi4uals which cannot and Should not be reduced to economic values. The CO$ts 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"' r i ~ VU'JI., ( billion in health care costs, and $12 billion in property loss and I.crime (Moskowitz 1989). One source estimates that two dollars of ~social costs result from every retail dollar spent on alcoholic beveraqea (Mosher 1981). These social costs are incurred by all oonsumers, not just those directly affactec:l by alcohol-related problems. Taxpayers, businesses, and pOlicyholders of insurance companies are 80me ot the qroups affected. Accorc1inq to the Research Trianqle Institute {198S}, the costs ot alcohol-related problems in 1983 were distributed in the fo11owinq manner. . Fifty-nine percent ($68 billion) was absorbed by individuals with alcohol-related problems and their families. . Thirty-three percent ($38 ))illion) was paid. by qovernment sources, with 23 percent of the total paid by the feaeral qovernment, a.nd 10 percent by state and local qovernments. . Eight percent ($9 billion) was paid by insurance companies on life 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 cateqory represents the larqest single area of cost, and sU9gests other alcohol-related costs to society that are not readily apparent. The estimate of reduced productivity costs is based on the lower earninqs of workers with a.loohol-related probleJ\\S. Decreased productivity results in increased costs ror business and industry, and may be passed on to consumers through higher prices, lower wages, and reduced profits. The estiJ\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) ot the total costs, respectively. crime and injuries other than traffic accidents together accounted for approximately $8 billion of total costs, or seven percent each. Fetal Alcohol Syndrome represented $4 billion, or 3.6 percent of the total costs. Approxima~ely $~.4 billion was spent in 1983 for alcohol recovery and tre~tmant 8ervices. Private insurance, federal, state, and local governments paic1 over 90 percent of these costs. Economic_Impact o~ Alcohol-Related Problems in Los Anaeles Countv In 1985, the Los Angele. county Chief Administrative Office released the seventh edition in a series of reports on the es" : mated cost of alcohol-related prOblems to the Los Angeles . ,\"nty government. The report estimated. the cost at $320,188,250, ~hich represented an increase of 47 percent from the figures in the 9 ~ f"''' . ..... VU'J.!.0 1980-81 study. This increase may have been due, in part, to a greater awareness about alcohol-related p~oblems, and to improved methoas of reporting alcohol-related costs. Tne report suggested that the rise in costs wa.s also due to increased effacts of alcohol-related problems en County residents. The largest percentage increase in expenditures occurred in the Ofriee 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 reflect the expenditures of County government in offices of the criminal justice system and in other departments such as Health Services and Public Social services. Costs to other and private agencies, and to business and 1n~ustry are not included. In 1989, the County Department of Health Servioes (DHS) estimated their Fiscal Year ~9S8-89 alcohol-related expenditure to be $107,291,704. This represents a 75.9 perc.nt increase over the a~ount reported in the County Chief Administrative Office's 1985 report referenced above. A major reason tor the substantial increase was an improved method for estimating alcohol-related expenditures. In 1990, the Office of Alcohol Programs (OAP) developed a method of comparing the costs and benefits ot alcohol sales and alcohol- related revenues to Fiscal Year 1988-89 oosts of alcohol problems and alcohol proqrams in Los Angeles county. An estimated $1.329 billion, spent on alcohOl retail sales, resulted in an estimated $23.2 million in sales taxes flowing into ~os Angeles County. At the s~me time, however, an estimated $4 billion 1n economic costs were incurred as a result of problems attributable to the misuse of alcohol. The reSUlting ratio of revenue gained from the sale of alcoholic beverages to the costs of alcohol-related proble~s is sta9ge~in9. For every dollar collected from alCOholic beverage taxes, $172.00 in alcohol-related problems are 9&nerated in Los Angeles County. Community denial of the role ot alcohol in community problems i a significant aspect in evaluating the extent ot alcohOl-related problems. Society otten ignores alcohol aa a contributin9 factor to crime, economic difficulties, accidents, health care needs, and a host of other proble~a. compared to other druqs with a similar potential, drinking is socially sanctioned with few 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, overlooking the prominent role of alcohol in community events, or permitting media portrayals of alcohol which provide only p05itive images of drinking. 10 ~. ,... j' ...... VV'J~';J Oenial of alcohol-related problems by the community affects the standard ot living an4 quality of life 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 recult of chronic, excessive consumption, or any consumption in a high riSk environ.ent. Alcohol-related problems have a major i~pact on our society. Denial of the role of alcohol in community problems affects the e~tent ot alcohol. related problems perceived by society. 11 r r"' ~ ..... I"\. lJ U 'J J \J mOWNPROOFING AND 1HE WATER SAF,t:;ll ~.c\..1J",..u.'. By CUII1I1AI1der D. S. Smith, USCG nrrRODUCTICN I believe that many, if not most, safety officials do not cOIlfprehensively understand the causes of "Clter related deaths. Consequently, through limited perceptions of how, l'fuen, 'Where, or ltly 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 spokesman on hypothennia or accidental reduction of inner body temperature. Crisscrossing the c.ountry to give water safety talks and demonstrati ons has allowed my meeting approximately 20,000 fellow ci tizens in 38 states. In addition to my pr:iJna.ry duty of working with boating safety agencies in the central and Midwestern states, (including the annual review of ZSO reports of boating deaths), I have given at least one lecture and one pool demonstration each week during most of this period. The second root involves observations on self-preservation. A species totally given to dealing with envirUlwent in unquestioning lo.'ays, is a sure target for extinction. Doing Mlat we do simply because someone or some organization has long endorsed it, may be catastrophic. Survival, aquatic or otherwise, is the responsibility of the indivitTn~l. Those who have questioned, investigated, and practiced different responses to various, probable situations, are most likely to overcome accidents. Development of effective, alternate strategies depends an understanding causes of mishaps. The following combines these outlooks then briefly explains basics in Mater survival, proposes a continuum of responses, and suggests how individuals might safely test theln. EpOCATl00 ~ AQUATIC ~ 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 drOh'n~ng' s victims cannot swim. Nearly SOt are invol ved in cold -water. ApptyXMately hal~ the v.:ict'i~c; ~ge 11 and, .Qlp'eLlll.~ b;,.> legally intoxicated at the time of their deaths~_ 6,600 Americans drowned in 1m: AIthougll ~nis is one-or the lOwest'yearly totals on record, 6,600 is still teo hi~~ a number of needless tragedies.l~2.3. How did many, if not most of these people die? The prUne mover is their own, or someone else t s ignorance. They either dido' t appreciate the highly probable outcomes of their own behavior, or if appreciative, they didn't care. ItrJ. inebriated non-swinuner (or swinnner), involved in aquatic recreation is surely tCllpting 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. ~ r" r ~ .(I UuuJt I Education also de.:lls with nonnalizatian. Too Ol...Cl'l in all forms of academic / endeavors, we hear and accept the injunction: "These are the rules - don't ,_ ' question - just do them. tt This tends to derogate the educational experience ~ frem its highest state of self discovery, to its too normal, lower form of - '\ unquestioned indoctrinati-=n. Essential to purposeful, productive learning is \\ the appreciation, aquisition and application of principle rather than souless technique. Yet, how guilty are we of not explaining the rational behind our dictum wnen we ourselves do not fully mderstand 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 lDlder 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. Notwithstanding this, floatable cushions are Coast Guard approved for use on all 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 within the tumblehome, such as a cushion used as a kneeling pad, is not. Unless a non-swimmer is wearing a personal floatation device (PFD), or has the tmlikely presence of mind to grab either a PFD or the gunwhale, when the canoe flips, the floatable cushions are trapped inside and rendered useless. Yet, isn't the naive, nan-swimner led to believe he or she is safe with these approved cushions? Perhaps there are victims of education, as well as produ:ts. "IRE FATAL 1EREE ~We have a reasonably secure body of research supporting a tripartite diagnosis of drolming's cause. Inability to swim and/or not wearing a PFD; cold water (relative to the person's metabolic profile); and abuse or: int_emperate use of --* a~ohol, and other--1rl~hly nRI}gerousdrugs, form our causative triumvirate. /- ""T en together these fom SDS or sudden drowning syndrome. This concept is ( based en three sources: Coast Guard research into recreational boating "* accidents; two (2) informative films by Frank Pia entitled t'On Drowning" and i "Drowning Facts and Myths"; and, continuing research into immersion hypothermia at the University of Victoria in British Colunbia, 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 pS)'t:hological and physiological aspects of boating and 'Water accidents. Along with the sudden drOlming syndrome, Coast Guard studies focused on the effects of hypothennia, especially its immersion aspect, and that of stressors or fatigue factors in nonnal boat operation. The frequently fatal relationship of cold water, alcohol and habitual nonuse of PFD' 5 by non - or poor swimmers, is shown by this research. . .. --.... .... 3. r -..' r ,.~"" IV \!'!"l " The above reactions usually occur before hypothennia becomes apparent. The initial sign of hypothennia is shivering. As the bedy loses heat and thin.i.:.lng becomes progresvively impaired, the victim is both threatened by the foregoing and irrational actions w'hich further minimize survival. As body temperature lowers, all mental and physical capabilities decrease. Until, in most cases, death through drowning occurs. It has been estimated that an untrained, unprepared, middle age male immersed in SO degree Fahrenheit \i3.ter has SO minutes before his chances for survival beccme 50/50.13. Dfri-~SES - . - ~Having identified cold water and alcohol as dangers, how do we attack them? / Canparati vely Ii ttle is being done in ~quatics to w'Q.ill of the dangers of / intoxication. The primary reason is that we, alt.ltough a nation of overt / tipplers, understand so very little about the effects of inebriation. On t11e other hand, we are encouraged, conditioned and indoctrinated to develop a taste and sub sequent need fOT alcoholic beverages, especially in recreational settings. For instance, carefully watch beer cUJlwecials on TV this spring. Prime time station breaks will repeatedly feature L~is scenario: L~ree fishennan, sans PFD's, with a Sillall easily capsized boat .- in whidl they are all standing, and an obvious display of the sponsor I s product. Imitation is the simplest, most effective, and longest lasting form of behavioral shaping. Think of that in terms of the eyes, both young and old adhered to the tube. \ Are woe, as aquatic educators mindful of our responsiblities to our students, 'if ~~ continue to allcw this situation to ~~ist unnoticed and unchal1a~ged? Next, wnat about cold "''Ster? Experienced swimmers may became chilled after a long workout. But, they are use to it. That is exactly the point. They not only can s-I"1im, but are mentally acclimated to being in less than warm water. Ho\.;ever, who kill themselves in our lakes, streams, rivers and ponds'? Right, non-swimmers! By definition a person ",'ho fears the It"ater will not allow him or herself to become accustomed to it. Even with experienced swimmers, several highly dangerous yet usually unappreciated aspects of cold "'ater, such as the torso reflex - the uncontrolled aspiration upon Wlexpected cold water immersion, can overwhelm even them. The defense is clear. Wet again, as aquatic: educators, must infoI1l1 our cUlwlltm.ities about the hazard of iJTmersion in comparatively cold water. A most effective t and rap id method of doing this, is to deputize your students. As with most of the other tragic aspects of drowning, an appreciable body of cUI~rehensive research, translated into effective equipment is available.14. But, those of us wilo should know the most about this, are often the last to become infonned. Rapid dissemination of this infonnaticn to all levels of aquatics, would undoubtedly produce a beneficial, downward trend in accidents. '!HE AQUATIC SAFETY ~Dlq, SPE~UM Having disposed of the latter two of our fatal triad, l'fuat are the needs of the non-s..;imner, or swimmer who gets into difficulty? The Coast Guard estimates ~'at 85% of the 1,400 persons l~O died ~hile boating in 1979t wo~ld not have, had they been wearing PFDf s.15. Our first line of defense is apparent. 5. 00031 Basic drownproofing, the relaxed, face down float, with travel stroke, is excellent for a poor swimmer. It aids developing skill and confidence. In canparati vely 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 water has more than marginal swimming skills. Is drawnproofing the recommended course? I do not believe so. Again, anyone who can relax in the water (i.e.. a swimmer) and float face down, should be able to float on their back when clothed, with appreciable portions of their greatest heat loss area (i. e., head, neck and face) out of the water. The reason) hydrostatic pressure incTeases with depth. If a person is vertical in the water, pressure is greatest on 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 person. Shoe and watertight boot toes~ especially in hip or chest waders~ will trap and hold air for long periods if the practiced warer quic.lcly 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, (notice the preferred procedure is not to hang on to the bottom, but rather to attempt to ri ght a small craft) then try H.:Eo L.. t> . This acronym stands for he~t !:scape lessening E,osition. It is a hp;>In nut _nf'_'th~1"f!'r~ +"p~;>Il nt:ndc. im.,rh "ednrp.~n.odily_hea:t_.flow tp the_wa-T!,_"_hy.~~~'PJ:lc:::t q)~. Cl:Qs.s. ankles, r1"O--,~~}l:r:m~_O~l:-rre."itt d~nf';~c:. ~rt.t.bF.'tt.. ~p.::m_l'l_~S-~_::t~r1_1':Pl_::l_Y. Try it in a pool before you have to depend on it. Note that the water becomes much cooler when arms and legs are extended after holding HELP for a few minutes. Should you have difficulty by rolling from side to side, cotmter by tilting your head in the oPDosite direction.. If this doesn't work. extend yom: legs slightly: 18 · HELP can usually be done without a PFD if you are wearing waders, coveralls wi th layered clothing underneath, or a snowmob ile suit. The trick to this fonn of flotation is to m.i..tLiJnize movelIlent. and to ~ aiT' trappetL in_~ WthiULOl" wad~ Again practice before you depend on the teclmique! If more than one person is in the water, and all or most are wearing PFD t s, "huddle" is recommended. Make snaIl, tight groups of three or four. with chest closely touching chest. Arms should be placed around the backs of persons on either side but kept mderwater. 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 target for rescuers and aids morale by encouraging cOnuTltmication within the group.19. 7. 0,,'-- " u u J I) 2. In teaching nan-swimmers, I est:i1T1~te that 3 out of 4 are afraid to place their faces in the water. This may be based on childhood fixation lmereby a mother a ttc:::mpts to scrub the child IS face with a cold, wet washcloth. The child' 5 struggling is not recognized by the mother as an attempt to breathe. Thereafter the child is made fearful by having his or her face in water. To overcome this I recuHlIuend that a non-swinnner first became 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 lVllo can swim can also float on their back. Muscle tension and regularity of breathing have definite effects on floating. Relaxing of muscles and expansion of the lungs decreases the body's specific gravity, and a relaxed swimmer floats. Conversely, irregular, shallow breathing plus anxiety related flexing of the muscles increases specific gravity, and the Dan-s-.iimmer 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 attt::mpt 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 floaticn with the back above the water's surface. After experience and confidence is gained in this posi tim, the relaxed swimmer is then ready to attempt back flotation. Normally, a person not used to back floating may suffer discomfort through water in the nose. Hence, nose clips are required. Next, cumpletely inflate the lungs and try relaxed floating on 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 backwards, sinking motion of the feet and legs can be countered. Breathing in this attitude is the same explosive technique used in dro~nproofing. I have taught swirrnners ..mo could not otherwise back float, to fill their lungs canp1 etely , bend backwards in the water and grasp their ankles. AI though this is undoubtedly an unusual aquatic 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 insuring insulation and air ent~ent, should be taught and att~\~ted before disrobing. 9. OG(JJ5 ~---~ -~- "1 ''The Ubiquitous Booze", Driver Ma~zine, U.S6 Air Force AFISC/~EI)D~ Norton Af Base, CA 92409. September 1980.- - 8. Alcohol, Vision and Dri ving:. Pamphlets 13385 and 13361, American Autdmob-ile Associaticn, 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 enti tIed "The Sudden Drowning Syndrome", The Physician and Sportsmedicine Magaz ine, Voltmte 8, Number 6, Jme 1980, and is reproduced with the publlsher's permission. 11. Water Safety Films, Inc., 3 Boulder Brae Lane, Larc:lunont, NY 10538. Phone (914) 834-7536 12. Harnett, R. ~1. and Bijlani, M. G., The Involvement of Cold Water In Recreational Boating Accidents. Springfield, VA National Technical Infonnation Service, Report No. Cli-D-31-79. 13. "About Life Jackets n' PFD's. ...~with B-iPu. Stearns Manufacturing Co., P.O. Box 1498; St. Cloud, ~~ 56301 14. Consult the Second Coast Guard Districtt 5 "Handbook of Cold Water Survival" for an up-to-date listing of various types ot Coast Guard Approved Personal Flotation Devices and flotation garments. The handbook also has a canpendium of new aquatic safety films and slide shows. For copies, write to the address in footnote 5. above. 15. Doll T., Stiehl C., Pfauth M. et a1: Personal Flotation Device~ Research, Springfield, VA National Techincal lnfonnation Service Report No. Uj-j)-3- TJ 1976. 16. A Pocket Guide to Cold Water Survival, (CU:lllhandant Instruction MS131.S) &.nd Hyp'othermia and Cold Water ~urvi \7al Coast Guard Pamphlet, Aux-202, US Coast Guard Headquarters, Washington, D. C. 17 . Boatin~ Saf ety N e1\'Sl etter ~ 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 Hypothennia and Cold Water Survival Slide Show. Washington, D.C., National Audio Visual Center, General Services Administration. 19. Man in Cold Water, Crowley Environmental Services Co., Seattle, l1A (copies available from: Media and Technical Services University of Victoria, Victoria B.C. VSW2Y2 Canada.) 20. Op Cit 4. above 6 11. GOG.3G J:;mc,'-AR~ ~ ~ 1 . I,) ~ ~ ~ ~ (':l ~ '0 "-2 ~<?: '3f}ge \~ c o L o A o R E FoundatIon, Inc May B, 1990 To Whom It May Concern: CLARE Foundation, Inc. is a nonprofit, commun~ry-basea serv~ce 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 Barbanell is doing in opposition to the creation or 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 ne~ghborbood is over saturated with alcohol sale sites. Research has shown that over concentration of alcohol outlets is directly 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 include the homeless, public inebriates, teenagers, and their fam~lies. We are also concerned about the proliferation of nmini-barsn in hotel rooms. For recovering alcoholics and people with alcohol problems, regardless of financial status, the anonymous availability tbat mini-bars offer poses an active threat of undesirable alcohol consumption and consequences. We also maintain that our community will be a healthier, safer place when people recognize that it is not necessary to consume alcohol to enjoy life. Thank you for your consideration of this matter. Sincerely, ~~~ Chief Executive Officer CLARE FOUNDATION, INCORPORATED 1< c CAN:sc OG(,37 CommunIty POBox SB49 livil'lQ for 11111 9lh Slreel A'cotlo'les by R.habllitatlon and Education TOO (213) 450-1973 Santa MonIca, CA 90405 (213) 45o-S123 BY'XEROx TELECOP!EP 7010 J 6-17-92 8:49A~1 .~ -+ 816S861elll;1:I _ 3. 3.1991 8:94 Fo. :: .--_.......,., n.""..1 tI';;'U "" n, I' (:;U "f"'E WUO/o <J-- ........ 0lII ~_ - ...-ft. ,."."..I'(lIfT.o.1'I1)/Ij _0 ~OlJC'NG "'Of*lC~ OE~AATMENT OF ALc.er,-<OLlC BeVERAGE CONTRO~ .101 MQAOw...."', tACMMlHTO t68,. (916) U5-3221 ....r1 I 920796 G April 15 f 1992 Mr. Ira Reiner. Di.trict Attorney ottice ot ~n. Di.~r1ct At~rney County of Lo. Anqal.. 11000 criminal Court. Build1ng 210 W..t Temple Street Loa Anqel.., CA 90012 REI Prop~.ition 65 ~ Mr. ~.in.r J Thi. 1. 1n reply to your recent l.t~er r.que.t1~ ...iltance fro~ the Oepartment ot Alcoholic Beverage Control with reqard to the enforc...nt of Proposition 65 ("sa.fe Drlnkin9 Water and TOlCic Enforcement Act of 1'8$") .. it pertaln. to pr.~l... licens84 ~ t~ 1a Depsl"taant . The Department .har.' yo~r ~oncern. wi~h regard to the health perils associated with to~ie lubatanc.. and w. will .eek to ~oop.rate witb your otfice a. Will .a the District Attorney. of all Qoun~1e.. In thi. respect, ~h. D.p.rt~ent ha. implemented. polley of notifyin; all applicant. tor alcoholic beverage licen.e. of the r.quireaent. of PTopo.ltlcn 65 and their r.epon.iDili~y fer po.tin9 ~e ..n4atory warning notic... In addition, th~ou9h the Departm.nt'. ..rver traln1n9 pro;ram, Lic.n... lducA~ion on AlCOhol end Cruq. (~EAD)I alCOholic beveraqa lie.n.... who reoeive training are remind.~ 0: ~he Proposition E5 r.qu1r.~ent. durin9 the 3 hour cour.. of in.?ruction. Both applicants :or new lio.n... and .~i.tinq lic.n.... recelvin9 sarver training are told how and where to ob~ain the aiqnc. rinally. .. you ~ay be aware, ~h. Department nac had eo t.mporarily suspend a major portion or itl e~torcemen~ proqram to deal with a critically backlo9ged lle.n.in~ pro9ram. AS. oon..quence, complla~ee in.pectio~. have be.n .uspen~.d un~il .uch ti.. .. the 11cen81nq pro9ra~ 1- atabilized. At the point that our entoroe~e~t capab111tl.' are r..tored, w. will incorporate Proposition 6~ eompllanee question. .a part of ehe I r t;2 .. ".. 2 C IS g"tfJQUpg,.PWtU W'rl'AO - - ........ENr, .... / O.....r '"' UtJjo ,/ /" ,.--.. > l f ~ .. ," .~ ~ 3 3. 1; 9 I 8:0S ~~:x=ROY TELECQPJER ?e1~ 6-17-92 s: 5eA~1 I"l - . .~. 1r. ".lD.~ >>..~. hit ~I:'U 11, ""2 ch.c~ sh..t. us.d in conneceion ~1th premis.. inspection entorcement vlsi~.. 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') G 0 [j Ii i To: Suzanne Frick and Douglas Kim Planners: Santa Monica Pier Restoration project October 29, 1990 From: stephanie Barbanell 16 Seaview Terrace Santa Monica, california 90401 Re: Addi tional Input for Public Seoping of EIR for Pier Restoration project t='XH I e 117 2>. p. t (j 0 [ILl 2 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 he 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. Johnts 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 crime reporting 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 ffFun 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 EXJ+t8 rT :3 J p.::z.. (j"r ..., UU4.) alcohol outlets and the possibility of nine plus proposed additional outlets9 This is counter to the California state Attorney General t s goals of creating DRUG FREE ZONES as outlined in the enclosed materials (once again consider the Pierts proximity to the high school). The city must role- model the concept of fun without drugs; 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 ErR 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 drinking alcohol increase their risk of drowning. Parents who have been drinking have impaired their judqement during a time when they need to be supervising their chi)dren'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 .identified and gathered for .. the purpose of the EIR to make.thae assessment? 8<tt I 8 IT 3 p. 3 r. 0 (" , . v U 'lll ------~ -.. - €:'f.1 STJ '" Er c.,~ u.)lde.. Brea..k.dOLDn c:>.f:' Alcohol Ou.+le..+s b\{ Type 0.."'0 Orl91no.-I Do...+es. o-F hi c.ohol L-lC.e..nse T.s.s.uCU"'lce.. i q "o~ ..,.. '* So nve. E . 'lB5'-Cj I St-i CuP II -- ~ ----- - _~__ ___UJl knOuJn ,-9..:1 0 .~ 19KO-g~ )~ .t.o _-2. .L.f '} '1 ~:z.1 7 .:; ~ tS r r ~D ~ o 2 .:3 Pi 41 5 o L3 ____~___~" ...!i_2L -- -- - --- ~ - ------- -----~ -- -- ~ ----------- - - - - -- - --~ ........... . . _ __~________:3 Pc lj ~ o 0 o 't'L '-11 q t 1 c2.3 ~ft:, o 1r1 % __1 __ _ _~_ o q o ) irl;1: ~ e 6 o o I1rL:5 I 3 o~ 0 D 3 ...;" 7J _~__JES', .;(8 ..u A L.C..t...1't'C'J- ~ ACTU'\I- ToTAj.... _LlC~t\.A::c:.s . CCf\lsv.s TRA (! T 701t:t B ASEP ON AS e..... Dt;.t=Tr. ~ #2.""1 - fYIa.'S,f'\ 0 r ~~R.. J-e;.s~ ~ 2.0.{, MARCH- 1'1'11 PRiNT-OUT ~X.J-J lB IT g p. \ G G [,,1 J -~- 4. .3S -/1; -~ Lt. -'~ 3'1. .5 I :2._y ~g. I (/ /b- .::L " L:I 3\q~ h It Rc.. t+ j Cj q I :; 1-\ c:..c...v-SAT7 C"';$ A6^ It-.J $. T A l..-C::....od 01- Oc....,.-7l-cJ S FDK-. Sc::.-LL-I ^..i& TO M 1"-.10 R.S .B y i Y P6 0 F L] C. C1\..JS C *- T'i Pc :L. 0 I zlil-.:a:<,.t.::")(.I':JIINE. L.l CE.1J$t::$ (':JFF -Sf'.I.-€. "'\ \. ~~WINt ) TY p~ ~ \ (CFF- SA~~ ) Gt= --')C"'RAL.. ~ , / .3 EJ ~ '1- I S. T I t-JEr L. 1 C r=:JVS ~ TYPE L-fo (O'''J"~Al-G 8~) ~... / q eY./ST/NG, Llc..elU,!;,ES T'I PE" 'I I ( O~' -~f\'-E ~~ W,oJe) 40" / IQ,;Z EX/sTINe LICOVSE.S T'I p~ L-f '1 ( ()tJ-SA~ 64:;-,JaML "' E)oj\jfl FlOE EArnJb Pt,M.e) ~I A- / I ~ 'i c::v. J S T JAI & J..J CE::AJSe;s . TVPf 4 9 PUi'tIC Pea.{LSE> fa.JE'tAL-"(3jfe" .) J ,811r / J I EJ<I.:sT7A1~ Li c.e;U"f..S * ^-c...<:.<..--,"'T101V ~c:l A~s^-noJJ5; /t6-ArNST OFF-S^J_'C (lIquor sfure FO~ .s t\.,-es. 1'0 H I Nof<..,.S. ;. t'f' ~\<..en ) TaT ~ L. :.:Ft=- OF TorltL. ..... of A ~e..u~ AnoN5 k"-A-tNSr Fe r sA. (,...e: So jZ:) HI t..,JO ~ - ------ -- ( R~stafCLll+s \ OAJ-S At....~ - ':= b) 8ASe:.c Ol\.) ^B(!.. ~-pr: ffi ,NT- our _ EX W 18 IT ~f---=<" r. ,.. r A " V U 'J -I U Ste...p "la.n I e B~r- Co ~Il Av.....3~.&f't:;,' -1 ~ J I:NTRODOCTION The Civic Center is the seat of Local, County, and State Government Agencies. It should serve as a role-model area reflecting the values and priorities of our community. 1984: 1985-1991: 1989: 1990: 1991: BACltGROlJHD STATEMENT 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 spi te 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 commi ttee. I and my neighbors 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 unsiqnaled Ocean Avenue cross-walk south of the Loew's Hotel. since the beginning of this process, my goal has been to assure that this adjoining residential area would be protected, preserved, and considered throughout this CCSPAC process and that this Civic Center would remain an area that the entire citizenry of Santa Monica would find as a safer, cleaner area than it is currently. -1- ,.. ,.... ('" . WII U V V /1 { ~ To that end, I will support any and all efforts to keep open spaces as they are or support increases of open 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 incluaed are 2 proposed policy requests that were submitted ea.rlier for CCSPAC consideration. -2- (."'''' ,.. uU..,llu "-... GENERAL COMMENTS ON TilE PLAN'S ELEMENTS FISCAL POLICY AND APPBHDI~ I. Land Ose Element Alcohol Outlet Findings and Background: o No Santa Monica City ("city") standard or numer ical def ini tion of over-concentratlon exists. However, the finding of uno over-concentration," has routinely been applied, for the purposes of approving Conditional Use Permits ("cuptsn) 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 area, 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 J'lQ 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 exist1ng 324 alcohol outlets in Santa Monica have received their Alcohol Beverage Sales licenses since 1985. This means that approximately 181 CUP's for alcQhol, a pre- re~isite to obtaining the ABC licenses, were issued by the City since 1985 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 and 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- 00049 absence of a City numerical standard or definition of what constitutes over- concentration. (see Santa Monica C1 ty ordnance for Alcohol OUtlets, Subchapter 5J, Section 9049.1, p. 140-141). o According to the California Alcohol Beverage Control Oepartment ("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 def ines undue-concentration as a proli- feration of alcohol outlets in a census tract area, whose crime reportinq ~istrict, or beat, has 20t above the average amount of crime as compared with other crime reporting ~istr icts citywide. (Business and Profes- sional Code, Section 23958, Rule 61.3, Undue-Concentration, p. 24.6.) ,. - . . .... r.",.-.... u V tJ ;j \J ~ _/ D-l D-2 oct./Nov. IQC11 LEITER D To: Santa Monica Planning S~aff Planning Commission City Council Stephanie Barbanell 16 Seaview ~.rrace Sant.a Monica, Califomia 90401 aa: Draft EIR Santa Honica Pier Redevelopaent Project From: Introduc*ion As . neighbor of the Santa Monica Pier I _ in f'avor of it. reat.orat.ion, pr..ervat.ion, and intarior r..04.l1ing. . I _ in favor of providinq a.fa, healthy and p~rtionat. public acce.. to the beach and it. attraction., for all. X.. 1ft favor of reducing cri.. in Beat II in which the Santa Monica pier i. loeated, froa being the highe.t criJDe area of the city. I.. in favor of reducing ~e environmenul lapact.. of the exce..iv. alcohol availability and un~u.-conc.ntr.tion of alcohol outlet. that currantly exists in cen.ua t.rac1: '7019 1n which tha pier 1a loca~ anct reduc1ng the re.ulbnt alcohol related probl....by forb1ddina .~nav COP'. for alcohol Oft th. pier and by reducing. ~ attrition. the exi.ting alcohol ou~leta on the Pier. I _ in favor of the city of Santa Monica 901ftC) OU~ of t.be bartending bu.ine.. on cit,y-awned property abova 'the Santa Monica Beach baca1l8. it i. egainat .-miclpal coc!. t.o drink alcohol on til. beach. J-Qbllc convenience .,111 be aore than adequately ..rved by the raulninv .7 alcohol ou~l.t. 1n the .. of . aile area .urroundlng 'th. Pier. I .. oppo..d ~o any and all Pier axpanalon or lntan.lflca~ion of Pier uaage. I qu..t:ion the credibility of a city that would omit ....nti.l neighborhood input ~t va. 8ub.ittad In . tt.ely ElMer and t:hat va. aUD.llarily 19ftore4, .. .vldance4 by tbat lnput:'. excluaion fraa ~1. draft ErR. zt'. Gai..lon tainta the public proc.... EX 'U8fT \ l l>~. , U"r-- VU'Jl R..ldent/BoHownen of Seavlew Terrace va. ~orae4 ~o beCOlle ~re ltnowlecSqaahl. an4 protectlv. of our rigbt..,Vivan the illpa~. of 1:h. tr...ncSoua aaount. of 4.v.lopa.n1: in our i-..dlat.. vicinit.y. Thi. neiClhborhood .igned an annotatad Initial study and "aighborhood I..pact St.udy stat....nt for 'the DBtR of the propoaed Ocean Av.nue PlaJa Project located at the comer of ~an Avenue and pico Boulevard. Tbe neighborhood alvned annotat.e4 Init.ial st.ud.,.. '. and Neighborhood Iapact. ~" .... S tat.ement. 1. OJtltted frea tba DBIJt of tba~ project, 1:bou9h .ub.i~t.4 in a t:iae17 .-nner. AU9_ 24, 1910: I .ub.le, a letur ~ Pier Developll.nt. As.latant. Planner, Doug Kia, reqard1ng WI obj ect.iona to plana tor. incre..eeI alcobol aval1el11 ty on the Pier, atl11.1Df alcobol CUP ........nt lanquave. Aug_ 27, 1.,0: I aubalt an annot..t.eL! Xnlt.lal Study and . ..1ghborhoocS Japac:t: 8tat...nt tor purpo... of inclu.ion In the DBIR for pier Devalopaant I in a tbaly a.nner. ~. 2, 1"01 Cit.y Council authoriae. preparation of Pier o.velopaen1: BDl. 1984: 1985-1991: 1189: Marcb 1, 1989: August, 1989: -3 Re.id.n~. of Se.view Terrace ~ora a ..Ighborhood Watch under the quIdance of ~e Santa Monica Police. To d.~., lOOt o~ the properties on se.view Terrace have been robbed or burgtarlza4 - (t.he JIOat reeent, 3 v..ka ago - octo~r, 1"1). BaRy re.ident. have had aultlpl. burvlari.. and robberias despit.e an active neighborhood vat:ch becau.. thare 1. no pollee patrol of 'till. private eaa..ent, se.view Terrac., an4t=adequate deten.nce of crl.. In the are. _. ... J Q oct. 25, 1"01 I offer a repeat of ~ annotated %ni~l.l Study and .elvbhorhood I11p8.= 8t.at~t_ 2 .Y..- lapacts ~in for entire projact - Ron. of the .y.., no'. or aaybe'.- are cbanve4 on the Inl t:l.1 Study an4 ..igbborboocf I.pact. stat..ant. Additionally, I sub.it erae atatl.tlca and ABC Department infonation and letter froa CLlRI roundation 1n ') aupport of no aore alcohol outlet. in census tract 701. In vIllcb the .ler i. located.. 0005;: EX, I aD I ;.1... Froll: Honorable Planning Comai..ion stephania Barbanell w..t.ide Alcohol Policy Chair October 23, 1"1 Sanb Jlonlca Pier Alcohol Policy - Ii:_ 5C ~o: Dat. : Ite: The city-owned Santa Monica pier Is located in the highe.t crim. are. of ~. city and is In an area of extraae undue-concentration o~ alcohol outlet. a. defined by tile .tat. alcohol beverage control departaent. (S.e factual data packets) By adopting tbe following alcohol poliey for the cit.y-owned pier, Santa Montca baa t:he opportunity 'to provida a .odel alcohol and other <<!ru9 f:ree f_l1y environaent. wblcb wIll proJlota the public 0 haalth, safety and "elfare of Dot only 1" 011:1.8", but the vrov1ng re;ional and !nt.mat.lonal 'Visitor population 1:0 our city .. .e11. 1) 2) I..ue no new alcohol CUP'. on the city-owned Pier. lte4uce, by. attrition, all exiatin9 alcohol ..rvlng and .elling outl.t. on the Pier. /' 1 In .0 doing, 1:h. c::l t.y of Santa lIonica viiI be ..n4lbg thi. very claar .....;.: W. viii create alcohol and. other drug .rr.e 1_ily enterta.lrment environaents on clty-0wne4lan4, 1:harafor., v. are 90ing ou~ of the bartending bu..in.... 'lb. alcohol polici.. pr~ot" by tile PRC are ..r.ly a li.t of con4itiona an4 a. neb .bould be d1..i...d becau.. DO _ount of condi~iona v11l ..rve u. reduce ~. ext.r_ un4ue-concantration 'that pre-u:l.t. In 1:he are.. Znfo~nt of tho.. conditiona are UDviabla becau.. of the dr..tic cut. In ABC enforc..ent. per.onnel and viii only ..rva to further burden the Banta Jlonica Police with enforceaent re.pon.ibiliti.. in the highest crtae area of the cit.y Which, in turn, v111 result In leav!ng other part. of ~. city acre under-protected than 1:hey are, currenUy. ) E>( \. p.. " r,"" r - "" V V 'J ;) oj 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 ~aYQ Festival which shows: 1) Bike path dangerously loaded with pedestrians (traffic and circulation patterns should be studied and counts G:>(H tSJ/: S p.'-J ~(',..-~ V V .) :) i{ f\ I I AC--h /VI C f'J I D August 15. 1992 Robert Myers City Attorney C~ty of Santa Mon~ca Box 2200 Santa Mon1ca. CA 90406 Dear City Attorney Myers: Th1S is a formal citizens complaint that the Santa Mon1ca Planning Staff and the Planning Commission consistently violate portions of C1ty Ordinance Subchapter 5J. ~lcohol Outlets. Section 9049. Request that your office investigate these violations by revei~ing the Planning Department Steff Reports on Gonditional Use Permit Applications 92-026 and 92-028 scheduled to be heard by the Planning Commiss1on th1S Wednesday August 19th. The letter and intent of Sect10n 9049.3 requires that a Cond1tional Use Perm1t for sale of alcoho11c beverages can be 1ssued only ~f the following find1ngs be made in a aff1rmative manner: (a) The proposed use will not adversely affect the welfare of neighborhood res2dents in a significant manner. (b) The proposed use will not contribute to an undue concentration of alcohol outlets in the area. (c) The proposed use w211 not detrimentally affect nearby neighborhoods cons1dering the d~stance of the alcohol outlet to residential buildings, churches. schools, hospitals, playgrounds, parks, and other existing alcohol outlets. (d) The proposed use is compatible w~th existing and potential uses within the general area. (e) Traffic and parking congestion will not result. (f) The public health, safety, and general welfare are protected. , The staff report on the two above Conditional Use Permit Applications do not even address the welfare of ne1ghborhood residents, undue ne~ghborhood alcohol concentration. affect on children playgrounds, parks (public beach), public health, safety and general welfare. Somehow the plann1ng staff, planning commissioners and city council members have drifted into believing 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 changing the law to accommodate-t~is Ja~ viewpoint. r ,... r -or_ UVV:).:I Please rev~ew Section 9049.1 if your office has any doubts on the intent of this law. This section clearly states a coccern with "publlC drunkeness, drunk dr1vingt traffic accidentst violent crinet n01set and nU1sance". This section also states that "The C1ty of Santa Monica contains an overconcentrat~on of alcohol outlets at which alcohol beverages are sold on prem~sesll. The preparation of th1S law involved extensive study of the alcohol availabil1ty, alcohol consumption and resultant alcohol problems. Plaan1ng Commission decisions do not preempt Santa Mon1ca City O=dinance. You once commented that if the Planning Com~issioners dec1des an 1ssue th1s makes it so. This is not correct as Commissioners and C1ty Council Members are bound to ab1de by the law as established in City Ordinances as any other c~tizen. Request that your staff crLtically review the two CUP Applicat~on l1sted above and instruct the Planning Department and the Planning Commission of their legal requirements. S~ncerelYt K9!-1- C;LfM)~--- Ken Schonlau west LA Alcohol Policy Coalition P.O. Box 5235, Santa Monica 90409 Tel # (310) 396-5270 cc: Mayor Ken Genzer C~ty Manager John Jal111 Plan~1ng Cornm1sion Ca1r Mechur 't t'" '"' r. -.- U U 1) J t) ATTACHMENT C PLANNING COMMISSION STATEMENT OF OFFICIAL ACTION PROJECT CASE NUMBER: Conditional Use Permit 92-026 Reduced Parking Permit 92-002 LOCATION: 250 Santa Monica Pier APPLICANT: Ash Grove Enterprises/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 376-seat cabaret and restaurant. CEQA STATUS: The proj ect 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 XX Date. 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/l0/93 Case #CUP 92-026 Case #RPP 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 - (JOOS7 6 Months Case #RPP 92-002 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 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 cabaret/restaurant will be located in the Residential- Visi tor commercial District, which allows 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 an existing building, and adjacent uses will not be adversely impacted by the pro- posed use. r. ,... r. ...... vViJ:)tl - 2 - 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. 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 with a cabaret. 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. - 3 - 0,... r .... V V ~ 't 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 proposed use in that the Pier is streets and parking is available on parking lots adjacent to the Pier. 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. not result from the served by existing the Pier and in the 7. are the Use 8. No harm to adj acent properties will result in that the conditions of approval will ensure that the establishment operates as a bona fide restaurant with a cabaret. 9. The proposed use is consistent with the objectives of the General Plan in that the Land Use Element of the General 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 existing pier uses and the Ash Grove and Sinbad's project 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 proj ect EIR, and this analysis indicated there would be sufficient parking spaces available. ALCOHOL OUTLET CONDITIONS l. 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 376 seats. r. " r -""'; .t"'\. V V ;J tH I - 4 - 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 public 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 alcoholic beverage service shall be 6 a.m. to 2:00 a.m., seven days a week. 9. 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. lO. No more than three video or other amusement games shall be permitted on the premises. 11. Within thirty (30) days from date approved) the applicant shall provide statement of Official Action for this local office of the state Alcoholic department. of approval {if a copy of the approval to the Beverage Control 12. This permit shall expire one year from the effective date of approval unless required ABC permits are obtained. One ninety (90) day extension 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. 13. Applicant is on notice that all temporary signage is subject to the restrictions of the city sign ordinance. l4. 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. (J 0 r, 6 1 - 5 - 15. 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. l6. 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. 17. 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 annual compliance report regarding compliance with this condi tion. This proj ect shall be subj ect 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. 18. 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 19. 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. 20. The applicant shall comply with all legal requirements regarding provisions for the disabled, including those set forth in the California Administrative Code, Title 24, Part 2. 21. Refuse areas, storage areas, and shall be screened in accordance (SMMC). Refuse areas shall be of a on-site need. mechanical equipment with Sec. 9127J.2-4 size adequate to meet 22. The operation shall at all times be conducted in a manner not detrimental to surrounding properties or residents by reason of lights, noise, activities, parking, or other actions. 23. 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. - 6 - rr-r-- t.... ...... 'l.., v ~ 24. A queuing plan for the facility shall be approved by the Pier Restoration Corporation Director prior to the issuance of Certificate of occupancy. 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. I hereby certify that this statement of Official Action accurate- ly reflects the final determination of the Planning commission of the city of Santa Monica. signature date Ralph Mechur, Chairperson Please Print Name and Title r 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 PCjOA9226 DM - 7 - r,r'r-..:.,,....