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.
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OCT 2 7 1992
OCT 1 3 J992
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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)
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...
..
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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.
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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
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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
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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.
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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
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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
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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
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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
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~ ntn en
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Q, AI
Dl ~. l"l
0 rtm rt
...., 00
1'1", 0
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(p. 24.6) CRegiater ... 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;~
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19'0-'1 LOS AHGELEI COUNTY
PLAN ~OR ALCOHOL-RELATED SERVICBS
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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
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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
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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.... ,. .- -
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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
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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
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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
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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
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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.
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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. .
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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.
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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
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-~-
"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.
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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
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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
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6-17-92 8:49A~1
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OE~AATMENT OF ALc.er,-<OLlC BeVERAGE CONTRO~
.101 MQAOw...."', tACMMlHTO t68,.
(916) U5-3221
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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
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ch.c~ sh..t. us.d in conneceion ~1th premis.. inspection
entorcement vlsi~.. Our Lo, Angele. county district Offiee. will
notify your ottic. ot licenae.. who are round in non-compliance
a. a result ot thea. pr..i... in.pection..
I appr8eiate your suqqestiona and hope the ~...ur.s outlined
a>>ove will ~ of ...iatanee.
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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?
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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.)
,.
- . . ....
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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.. "
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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
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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.
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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
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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
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(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.
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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.
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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.
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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.
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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.
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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
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