SR-7-C (5)LUTP~I:PB:DKW:DM/CCSR9226.pcword.plan
Council Mtg: Oc~abar I3, ].992
~~
0 CT i 3 ~9~Z
Santa Monica, Ca~.ifornia
T0: Mayor and City Cauncil
FROM: City Staff
SUBJECT: Conditiona~ Use Permit and Reduced Parking Permit ta
allow the aperation of a 7,068 square foot, 376-seat
cabaret and restaurant with a Type-47 (an--sale general~
alcohal licensa at 25o Santa Monica Pier.
Conditional Use Per~-it 92-026
Reduced Parking Permit 92-002
Applicant: Ash Grove Enterpris~s/City of Santa Monica
Appellant: ~t~phanie Barbane~l
INTR~DUCTION
This repart recommends that the City Council deny the appeai and
uphold the Planning Commission's approval af Conditional Use
Per~it 92-026 and Reduced Parking Permit 92-042.
BACKGROUND
The propos~d project will occupy 6,104 square feet of f~aor area
with%n the exis~ing Bi13.iard Building and 964 square feet af aut--
door patio space adjacent to the building. The cabaret/
restaurant wiil have a total af 376 seats znclud~ng a 25-seat
lunch cafe, a i0-seat bar, a 35-~seat pr~.vate room, 66 autdoor
patio seats and a 240-seat main cabaret/restaurant room. Seating
in the main room will ba ariented in a ca~aaret configuration,
directed toward a 200 square foot ~tage in the southwest corner
o~ the faci~ity. A 300 square foot kitchen and a 160 square fQOt
bar will be iacated in the northwest corner af the facility.
~~
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The 2,1~2 square faot second floor of the pra~ect wil~ cantain a
35-seat private banquet r~om, restrooms, a dressing room, starage
space and an office. An elevator ~aill be installed ta pro~ide
handicap access to the secand flaor. The portion af the ~acility
over the stage and cabaret seating area features a high ceiling
with no second f~oor space.
Exterior madificatians to the bui~ding wi11 be limitad to new
signage and awnings, relacated daors and windows, and autdoor
dinzng. Thase improve~ents wi~l be subj~ct to the revi~w and
appraval of the Landmarks Commission.
In March of 1990, the Zoning Administrator granted an Administra-
tive Approval to a~~ow the renavation of the existing Billiard
Bui~ding at 250-258 Santa Monica Pier. The remodel included in-
teriar and exterior improvements to the building. The two exist-
ing restaurant tenants (the CroGan and Anch4r and Santa Monica
Seafood) reap~ned in th~ building follvwing the remodel. ~x-
terior improvements were also made to the portion of the building
where the Ash Grave is to be located.
In April of ~992, the City Council appraved the Santa Monica Piet
Development project, which included renavatian 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 Pisr Deve~opment Praject concludad
that th~re would be app~oximately 68,085 square feet of res-
taurant/entertainment spa~e and a total of approximately 2,270
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restaurant s~ats associated with the redevelaped Pier. This num-
ber included considerat~vn o€ the Ash Grove and Sinbad~s proj-
ects. The parking analysis stated that th~re is currently ade-
quate parking available to m~et the parking demand fflr the new
restaurants and ente~tainment uses. A Cond~tional Use Perm~t and
Reduced Parking Permit fo~ Sinbad's are the subject of a separate
ac~ion, also pending befare the City Council.
In May of 1992, the City Council appraved an Alcoholic Beverage
Servioe Policy Statement ~ar the Santa Maniea Pier. While the
proposed policy ~tatement recom~ended by the Pier Restoratian
Corporation included a limit on the number of alcoha~ ~utl~ts ta
be permitted on the Piar, the Council's action did not set a
numerical limit, but stated that each alcohol p~rmit applicatian
should be reviewed on its own merits, until a Pier Master Plan is
adopted.
4n August 2b~ 1992, the Planning Comm~ssion approved a Condition~
al Use Permit and Reduced Parking Permit to aliaw the issuance of
a Type-~7 alcahal license ~or the Ash Grove. The Commission ap-
proved the praject by a vote of four to ane, with one Commis-
sioner absent and one Cammissianer abstaining. ~n August 27,
1992, the app~icant appea~ed one of the Planning Commzssion's
conditions of apprava~, and on Septembe~ 9, 1992, Stephanie Bar-
bana~l appealed tha o~erall appraval o~ the pra~ect.
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ANALYSIS
Reduced Parking Permit
Cade required parking far the propassd cabaret/restaurant would
be 17.0 spaces based on a ratio of one space for every 5t3 aquare
feet of bar area and one space for every 75 sqtaare feet a~ res-
taurant area. The applicant has applied far a Reduced Parking
Perntit to alJ.ow ~~edLiGt].on of the required nu~¢ber of parking
spaces ]oased on the fact that shared parking is characteristic of
the Pier and the adjacent beach 1ots. The Environm~ntal Impact
Report certi~ied by the City Council for the Pier Develapment
Project included a parking analysis which cor~cluded that there
ar~ enough existing parking spaces to accommodate the existing
demand from the Pier, as we11. as the damand which would be gener--
ated by the Ash Grove and S~nbad's proj~cts.
Th~r~ ar~ currently 1,210 parking spaces that serve the Pier,
with 272 spaces in the Pier sux~face parking lot, 75 spaces at
1640 Appian Way, 706 spaces at 1550 Pacific Coast Highway, and
157 spaces at 7.440 Pacific Coast Highway. The EIR concludes that
the existing peak parking demand far the Pier is 939 spaces, and
that tha parking demand far the Ash Grove and Sinbad's would be
101 spaces for a totai of 1,044 space. This results in a surplus
of ~70 spaces. During the ev~nings, whi.ch are expected to be the
peak demand periad far the subject facil~.ty, there are substan-
tial parking resources available due to the Iack of beach parking
demand. Based on these calculations, staff is recammending ap-
praval of the Reduced Parking Permit.
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Alcohol License
According to the list of alcohol Iicenses in the City of Santa
Monica as of May 11, 1992, published by the ABC, within a 500'
radius of the sita, there ~s one Type-4~ (on-sale beer) license,
five Type-41 (on-sa~e beer and wine) licenses and two Type-47
(on-sale gene~al) licenses. These include the following:
Type 40 (On-Sale Beer)
Mermaid Cafe
(42 seats) ~557 Ocean Front Walk
Type 41 (4n-Sa1e Beer and Wine for Eating Place)
5M Pier Seafaod
Surf View Cafe
American Grill
Jack's an the Pier
Big Daan's Cafe
(I15 seats) 258 Santa Monica Pier
(80 seats} 330 8anta Monica Pier
(36 seats) 378 Santa Monica Pier
(58 sEats) 390 Santa ~onica Pier
(6~ seats) 1513 Ocean Front Walk
Type 47 (On-Sa~e General for Eating Place)
Boathouse Restaurant (332 seats} 3~1 Santa Monica Piar
Crowr- and Anchor (114 seats} 25~ Santa Manica Pier
In addition to the outlets list~d above, in May of 1992, the
Planning Commission appraved a Canditional Use P~rmit ta allow
the issuance of a Type-47 a~cohol license for a new restaurant ta
be located at 401 Santa Monica Pier.
PZanning s~af~ has spoken to representatives from the Pa~ice De-
partment regarding alcahol outlets an the Pier. With regard ta
_ ~ _
alcohol sa~es on the Pier in general, Police Department staff
have stated that the majority o~ alcohol problems on the Pier and
in the vicinity result from peopl~ ~ho buy ~~cohol at an off~~ale
location and bring it ta the Pier or the beach, rather than peo-
ple who consum~ alcohol in Pier restaurants. Regarding the clos-
ing time of Pier alcahol autletsR Police Departm~nt staff have
stated that thay do not hav~ significant cancerns about es-
tab~ishments an th~ Pier being apen until 2:Oa A.M., althaugh
shorter haurs of operation typically result in f~wer disturban-
ces. A full camplement af security personnEl are an duty at the
latest allowable c~osing time.
Appeals
As stated in ~he attached appeal form dated 09/O1/92 (Attachmen~
A), the applicant appealed one of the Planning Commission condi-
tions af approval. Howe~er, since that time, the applicant's
appeal has been withdrawn.
The secand app~al of the Planning Com~ission approva~ was filed
on September 9, 1992, by Stephanie Barbanell (Attachment B). Ms.
Bar~an~l~ appealed the approvaZ based on her canaern about the
number of alcohol autlets within th~ area of th~ Pier, and her
contention that the approva~ af the praject vio~ates partions of
the Alcohol Outlet Section af the Z~ning Ordinance. The appel-
lant ~ta~es that there should not be any more alcohal outlets in
the area of the Pier based on the AHC definition of overcan-
cantration which relates the number of alcohal autlets in a given
census tract to the amount of crime. However, the ABC de~inition
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is a guideline which may be used by the ABG to deny an alcahol
license, but denia~ is not a requirement far the ARB or for local
jurisdictions. While the Zoning Ordinanae daes not aontain a
definition of "undue concentration", staff is recominending in the
Citywide Alcohal Palicy that numerical limits, similar to the
ones in effect an Main Street, be ~stablished for the Santa Moni-
ca Pier and the Bayside District Specific Plan area. These are
the areas where, due to th~ high nt~mbers of out of town visitors
and the concentratian of visitar-serving uses, there is a high
demand for a Iarg~ numbar of ~ating and drinking establish~aents
and a patential for aver concentration of alcohal out~.ets. A
numerical limit is one way of dealing with the potential af over-
conc~ntratian and has been utilized on Main Street and the Prome-
nade. However, as nated above, the Caunci3. decided not to adopt
a lir~it for the Pie~ un~il a complete Pier Master P~an is
adopted.
The appel~ant also raises several issues related ta the sale and
consumption of alc~h~l and the impact af alcahol outlats on the
health and safety af neighboring residents and the general
populatian. Thraugh ~he estab7.ishment of a Citywide Alcohol
Policy, the Planning Cammissian and staf~ are recommending
sev~ral amendments to the alcohol section of the Zoning Ordinance
to ensure that alcohol autlets are operated in a manner not
detrimenta~. to surrounding residents. Furthermore, the proposed
alcahol iicense is for an establishment where alcohol would be
ancil~ary ta the pri~t-ary use as an entertainment and restaurant
facility.
_ ~ _
Conclusion
The RVC Di~triat standards of the Zoning O~dinance permit res-
taurant and entertainment uses on the P~er. The sale vf alcoho~
would be ancillary to the primary use of the premises as a res-
taurant and entertainment v~n~e. Pre~ious Counci~ actions indi-
cated a palicy af a case by case decision on new alcahol permits
prior to the adoption of a Pier Master Plan. ~n staff's view, na
new evidence has been presented c~hich wauid lead staff to recom-
mend approval the appeal.
SUDGET~FINANCIAL IMPACT
The recammendatian presented in this report does not have any
budget or fiscal impact,
RECOMMENDATION
It is respectfully recammended that the Council deny the appea~
and approve Conditional Use Permit 92-025 and Reduced Parking
Permit 92-002 with the findings and conditions contained in the
Planning Commission Sta~ement of Official Action (Attachment C).
Pr~pared by: D. Kenyan Webster, Planning Manager
David Marti~, Associate Planner
Pianning Divisian
Land Use and Transportation Management Department
Attachments: A. Appeal form dated 09/Ol/92
B. Appeai €orm dated D9j09J92
C. Planning Cammission Statement o~ Official Aation
DM
PC/CCSR9226
10/a6/92
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ATTACHM~IIT`T A
City of .
S an~a Mon~ca
Commun~ty and Econam~c Develapment ~epartment
Piar~nirtig and Xani~~ Divlslon ,~c, ~_ ~~~
(213J 458-834i ~
APPEAE. F4RM
FEE• ~100.0~ Date Fled ~ f' ~~~"
Rece~v+ed by
Rece~pt No ~ i ~
Name CITY OF SANTA MONICA/ASH GROVE EVTERPRISES, INC.
Addre55 2 0 0 SANTA MON I CA P I E R
Contac#Person JOHN GILCHRIST/ED PEARL Phone (310) 458-8900
Piease descnbe Ihe pro~ect and dec~5+on to be appealed Approval o f cand~t~onal use permit
CU~ 92-026 to allaw the issuance of a type-47 (on sale general
for bona fide eatinc~ place) alcoho~ license for a 7,068 square
foot, 376 seat cabaret and restaurant at 250 Santa Monica P~er.
Ca5eNumber CUP 92-026
q~~g~ 250 SANTA MONICA PIER
App~iCaRt CITY OF SANTA MONICA/ASHGROVE ENTERPRISES, INC.
Ong~naE hearrng ~ate AUGi]ST •19 r 19 9 2
Ong~nal actan AUGUST 2 6. ~~~ 2
Please siate t~e speclik reason~s) for 1t~e appeal The CUP for this location was a~proved
with 23 conditions includiny #16 which rec~uires that among other
cond~.tions "No intensit~ of operation shall occur without prior
approval from the City of Santa Monica and State ABC." This
cond~tian is unacceptab~e because it 3s vaque, undefined and
establishes no measurable criteria for "intensity of operation".
Ash Grove could be sub~ect to arbitrary application of thas condition
requirinq a new Ci3P and patentia]. loss af the ABC license.
~~ ~ If add~lronal space ~s r~eeded, use back o! (orsn.
SgnahJ[e ~ ` ' y patg ~~(:+.~.~.L / ~ / 9~~
0~7~J~~
A~TAC~ME~1T~' ~
C~ty af .
S anta Manica
Comm~n~ty and ~conam~c Development Departmerrt
Planntng ar~d Zonln~ DivWon
(213) 458-8341
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Planning Cammission
1585 Main Street
Santa Monica, California 9~401
Re: CUP Permits 92-026 and 92-028 and Reduced Park~ng Permits 92-
002 and 92-003 to 250 Santa Monica Pier and 37~ Santa Monica
Pier Respective~y. This is ~ 5tate~ent~f alcohQl~findi~s___
with respect to th~ above mentianed ~.aeations for the purposes
af recommending denial of item 8-D and 8-E penuits.
Dear Planning Commissioners:
No new alcohol outlets should be allowed or- the Santa Monica Pier
which is located in Census Tract 7U~9 and is located in Santa
Mvnica's Police Beat 2 for the foZlowing reasans:
A. Total number o~ all~wable an-sale a].coho~ outlets far the
entire census tract is 3. The Pier cantains 7 autlets
already. (Those nu~bers 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 aicohal outlets wili contribute to
the undue concentration of outlets on the Pier and in the
zmmediate area. It wi].I add to the pre-existing tremendous
a~cohol availability which ~n turn adds to the alcohol
consumption and consequently to the alcohal related problems
including violent crim~, drunk driving and public nuisance.
(See cr~me statistics.)
C. The proposed alcohvl outlets on the Pier will detrimentally
affect nearby neighborhoads considering the distance of the
alcohol outlet to ~es,idential buildings on Seaside Terrace ~
Arcadia Terrace, Vincente Terrace, Seaview Terrace, The
Pramenade and Appia~ Way and considering the distance to other
a2cahol outlets an the Pier - and to p3aygraunds {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. Tra~fic and parking congestion will result from granting any
addxtional alcohol outlets and the reduction af parking spaces
that are propased. The Pzer Restox~-tidi~ EYR was approved with
aver-riding cansideration because the traffic i~apact could not
~i~Gii
~ ~
Page II
P~anning Commission
Ak~ust 19, 1992
be mitigated. This is because that EIR determined that
ten major intersections surrounding the Pier are a~resdy
operating at an "F" rating. 1,000 seats in Beat 2 night
clubs will only add to the traffic and parking
congestion.
E. The addition of any more alcohol outlets would be in conflict
with Land Use Element se~tions 1.2 and 1.2.4, and zoninq
ordinance sub-chapter ~J, section 9049.1 and therefore the
objectives of the General P~an would not be secured,
F. The public health, safety and generaZ welfare are not
protected due to the fact that there is already undue
concentratian af alcaho3 outlets in the area wherQ the Pier
is located. It is a high crime area in that 54.1g 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. Additior~ally, as per the letter of
the director of the ABC's degartment to District Attorney Ira
Reiner, there is no ABC enforcement of alcohol ~aws taking
place currently. A~so~ the Cla_re Foundation, the lead
alcoholic recovery organization, has determined that the
addztivn of any mare a3cohol outlets in Census Tract 7019
would impede their ability to help their current case ~oad.
This would suggest that there is not adequate amount of police
pratection ar publi~ health services to handle the pre-~
existing problem and there can be no justification for
allowing any further aut~ets. That would simply be poor land
use planning and poor economics.
Additiona~ Consideratians:
1. Cinco De Maya festivit~es 1992, and 4th of July
festivities at the Pier were cance3.led due to budgetary
considerations, specifica~ly the crowd contro~ management
costs - This before we have 1,000 more seats where
alcohol may be served on the Fiar.
2. The Thursday Night Concert Series at the Pier that
already pravides free multi-cultural, blues and jazz
offerings, creates a packed Pier whose capacity load is
~7,000 people and this is without the two proposed
restaurants that add ]., 000 seats where a~cohol is servea.
~~~~ti
~ ~
,
Page III
Planning Commissian
August 19, 199~
3. Fiscally, there exists no cost benefit analysis of the
revenue benefits from increased alcahol sales compared
to the cost of alcohol related services. However, based
on the 1991 Los Anq~les County alcohol related services
manual, for every dollar of alcQhol revenue collected by
the County of Los Angeles, it costs $172 in alcohal
related services.
4. It is wholly inappropriate ta have children's
performances where a7.cohol is being served.
Included in this Pier a].cohol fact finding report are the following
attachments:
~. Pier capacity Ioad determination by the Santa Monica Fire
Department.
2. Santa Monica Police crime statistics for Beat 2.
3. Census Tract 7p~9 informatian.
4. Undue Concentration Rule 61.3.
5. Two related maps.
6. Lifeguard study of alcohol and drowning findings.
7. Los Angeles Caunty alcohol related services manual
findings.
8. Cla.re Fflundation letter.
9. ASC Director's letter to Ira Reiner.
bp °
Sincere y p a ~ ~~` ~U. ~ ~P ~;ti~c~"'
.
,
/ _
~
Stephanie Barbanell
Santa Monica, California
SB/lc
~' S~ 1 I r ~~ e i-C G~c.~e ~v~
r
~-[ I~T~ ~~~ ctc~f-e c~ Se~~- ~~ 1`~ y Z
iJuJl s
~
,_
~ ~ ~ ~~
~IRE DEPARTME`T;ADMI?~~ISTR4TlOti
JDHN M MONTENERO
FkRE CHIEF
j310) 458-865ti
INFORMATIdN BULLETIN
~
~~~ ~~~
BUREA~.' OF FIR~ PRE~ E\TIO~
CRAIG ~ COLLfER
FERE MA~SHA~
(310? 458-8669
PIER DCCUPANT IAAD - JULY 1991
Occupant ~.oads are determined by using the Unifartn Eui2ding Cods,
Chapter 33, Section 3342 and Table 33A. Piers are nat included
in Table 33A because they on].y determine occupant loads ~or
buildings.
The Fire Department fe~t that the pier is best described as an
assemb~y area, ooncentrated use, which calla for an oacupant load
factor of 7 square feet per persvn.
~~.
~ Based on that figure and taking the square footage of the pier,
the occupant load would be 28,914. It should be r-ated that if it
was determined that a factor af 3 was nsed, as called for in that
same sactian, under waiting nrea, the occupant load would be
increased to 67,46fi.
Parking Lot
Cancert Area
90,1b0 sq. ft.
59,500 sq. ft.
M~nicipa]. Pier & Eoardwalk 52~0~0 sq. ft.
Total Pier square footage 202,400 sq. ft.
Pier10/9~
~~ ~~~t~= 7
t~LrJ~4
FAX Nllh~;BER (310} 395-3395
1444 7TH STREET • SANTA MONIGA, CA~I~ORNiA 90401-4~12
~~~~ ~ OIT~
. ~ .
STA7E OF C~'.IFORN;A -~LtSfNESS. TRA~SPORtA'~ND ffOU51~IG AGENC!' ~ PETE WIiSOF[. Goremor
~ ._
D~PRRTME~[T QF ALCOHC~I~iC BEVERAGE CONTROL
Inqlewo~d District O ice -;
Oae Manchester Blvd., 2nd Floo=
P.C~. ?~^Y 5a00
=nglewood, California 90306
1213}422-53I1
October ~2, I991
S~tephanie Barbanell
16 Seaview Terrace
Santa Mon~.ca, CA 904b1
Dear Ms. Barbanell:
The fallcwinq shows information you reqvested:
?019 2472
7024 5483
7021 6240
ON-SALE OFF-SALS
ALLOWED- ,~%IST ~LI.oWED_SgIST
3 92 3 12
5 9 5 8
7 23 6 4
The population is based on 1990 census f~gures. The eaclosure
shfl~as the methad of computing the number of licenses allowed based
on the populatian.
sincerely,
G _ ~ „~ ~
Gils L. Grey
District Administrator
GLG/sp
Enc.
Gu~l~~
r
S7A7'E QF CAUFQRNIA _ BUSfNESS. TAAkSR'ORTA~a FfOUS?AtG AGENGY ~ ~TE WILSDltil. C.orerrroor
~ ~
DEPARTMENT QF ALCQHOLlC BEVERAGE CONTROL
Infflewood D3s~rict Off~ce ,; .
oxs Mr~rtcxE sT~R sLVD .
P.C. ~QX 5500
Iaglewood, California 903~6
31Q/412-63II
December 3, 1991
Ms. Stetanie Barbanell
15 Seaview Terrace
Santa Honica, CA 90401
Dear Ms. Barbanell:
The information that you ~sked for concerninq Census TraCts 7013.01
and 7054 is as fo3laws:
7813.01 ~ ALLQ~TED ~'~
On-sale 8 5
off-saie fi 3
7 07.4 nT.T.nver.~ ~~g+~
Oa-Sale '1 5
off-Sale b 1
If I can be of further assistance, please call me.
Sincere~y,
Gi saa . Grey
District Admiaistrator
GL~: ml~
i~UrJIO
~ R~p~rt~d Cri~e 1991t*) ~
Patrol ~ f X AbavelBeiow
Area ~ Total CriMe(l) ; A~erage
siilas=i~=~i~ i iasi~lss~~~is~ii! f ~s~Rt~s~ii~s~S~~!
Rvera4e ~ ~
~Ai~ Rreaa7 ; ~.~9 ; ~
-------------~-----------------;-----------------
: ; 343$ ; +~4.t
_ ~ _
____________~-----------------~____ _____~------
~ ; 3516 ; +57.7
-- -- - '_____ _________~ ~-----_ __- ----
~~ ~ ~~~~ 1 ~ E ~~ ~~
a ; z~9~ ; +~s.z
------------ ~-----------------~___----__-_------
-~ ,
5 ~ 1959 ! -11.7
-------------;___--------------I-----------------
~ k 2083 ! - 8.6
-----------__~---------------- °___--------------
~ -ti
7 ~ 1568 ~ -28.B
-------------~--_--------------~----------__-____
8 ~ 424 ; -81.0
isiS~!ls~si~i ~ l~~~~sissSS~~~l~! ~ a~~iR~r~~i~ari~Sf
TaF~~ ; ~s,s~a ;
• Reparted Cri~e as calculated ecCOrdlnp to Rlco~ali~ Beveraqe
Cantrci ~itle 4~ 5ection 61.3. Crs~e ia calculated by
addin~ the total nu~ber of Part I Cri~es to the tot~l number
af arresta far all ather crim~a ~~xcept traff~c).
(1J 7hes~ fi~~res da nat inelude 1.69z nrrezts for which the
Patrol Area of the errest Was not entered into the ~yste~.
r
~ ~- a . 1
~U~i~'~
Start of Ttem 2. _
-
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-,~
Subject: ABC Rule 61.3 ~~
Creator; Donn UMHER / SMPD/O1 Dated: 08/29/91 at 1408. ~
Reparted Crime 1990
, I
Patrol ~ Above/Below
! Area Total Crime* Average
rr~~~~w~~ r+~rwrwww-~~-~r~rw~r~.r ~ +~ww~~~rr~~~~r~rr~~
2 ~ 3840 +57.7
~~~~rw~~~ ~ r+r~~rr~~~~w~rw~w~~+r ~~~~~~ww~w~.~w~~.+-~r~
3 2991 ' +22.1
' rr~w.rww~r~ ~i~~r~.~~rr~+~raw~r~r~~~w ~ww~ir~.~~~~o+ir~ri~ ~
4 2899 +2p.3
, ~wwr.~wi~~r w~~rw~rwwrw.w~~~~~~~~~ w~~r~rrw~~~arrww~w~-~
5 2473 + 2.7
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~ 24BB + 3.3
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7 1801 . ~rrwrr.r~w~~~wrw~w~~
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~ e
462 -80.8
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~i~~~~~~~ ~~~~l~~~4r~~^M~l~~R~
TOTAL 16864 ~~~~~~~~~411~~~
,
Patrol Area Crime Avezaqe = Z409
~ Reported Crime as calculated according to Alcoholic Beverage
Control Title 4, Section 61.3
~, ~x~d uf Item 2.
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,
a ~' i~ ''~ 23958 af the Alcohalic Severage Control Act,
undue conc~n~ration inc~udes, but is not Iim~ted ta, condi~ions set forth below:
The appli~aat premises for an orig~nA1 or premises-to-premises transfer of any
reta~ bcense are located in a arune rc,~a~rhag .•~t yvhieh ~~e s~96~rcater
n ber of re r~~ _crir~~ as ~:~:~ d~ r~~ aver~4~ nu=nber of
repv `~es as determ.ixie~ froi~ ~:~c ~P'ortia8 disu~ict~ withirr thc
jurisdiction of ~ne local ~aw enforceiaent agene3- if ~he fonow#x~g condi~ions
exist:
;1 } As ~o an-sale retail license applications, the ratia of on-sale retail ~iceases
to popu~atian in the eensus trac~ ar census division in w~ich t~e a p.~cant
prenuses are Iocated exceed~ t~e raao of on-sa~t~e reiai~ licenses to pvp~anon in
the eounty ia which the apglicant prer:~ses are located.
~~2} !~s ta off-sa3e retail I~ee~ :~p~icat~ans, the ratio af oflF-sale retail licenses
co pop!~~~#~ori in the eensus ~ract or eensus divisioa ia which t~e applicaat
gremtses are ~ocated e~cceeds t~-e rativ oF off-s~le retail ~icen~es to gopu~ation
in ~he caunty in which the applicant prenaises are IoCated.. , ,
Notwithsta~adu~g the above, the depa~~ t~~nt may ~e a~cense ~f the appli-
cant ' shows ~a~ public convenieace or necessi~y would be served by such
issuance.
~b} Def~nition af Tenas ~rtd.Data Sources.--•~"he fnllawing ~efinitions and
data sourc~ sl~~~ ~~~e construction and app#~cation of tiais ruie:
~ ~ _ __ ` _ _~ -.. , ~ . ~•• mean geagraphical areas wi~~~n t~e boundaries a~'
a' e governmen~~ entity ~ci~y or the ~uuncorporated area of a ~oua~y) ,
w}ii reportir~g distiicts are idexi `~fied ~iy the ~oc~! law esif'are~meat agency in
the compilation and r*taintenaace of statistica~ infar:aation on reported crimes
and arrests.
~2~ "Reported Crimes" are the mast recent year~y com ilation by the local
~aw enforcement ageney of reported offenscs ~f '' ham~cide, foreible
rape, robbery, aggravated assault, burglary, ~arceny---~heft, raotor vehic~e t~ef~,
and such c~fFer:ses shall be eombiued wit~ all artests for other crunes, felonies
and misdemeaaors, escept ~af~`ic citatians. -
(3} "Popu~ation Wit~in t~e Census Tract ~ or Ce~r~sus Divisian" means the
popu~ation as determined by t~e m~st receut ~Jaited States d~ennial or sperial
~ensus. Su~h po ulation determisiatiaa s~! not operate ta prevent an app1~-
rm~ a
cant fro~n estab ' hing . that aa incr~ase af resident population ~as occurred
wi~h=~± the census tracL or cerasus division.
{4} "Popula~on in the County" shall be deternYi.ned b t~e annual popula-
tiCti3: ~t',~.r'.a.'.~~a ~~,+~ r!n~?t'n~.i.~ n.,•...~~ ~iI.ti3Li.sat'~`~ ~'r! `~"a~ ~i~YZlid`u~'l ~~.`s~:3:wi
... . . ~.. ..r ~r.~.r~ a . a
Uni~, State De~ artment of F'~aanc~. ; ~~, J~~
(5} "Re~;t Licens~s" ~all inciude the f~ll'vwin : ,~
~A} Off-salc Retai~ License~ Types 24 ~off sa~e ~er and wine} and 2i (off-
sale general) . •
~B} 4n-sale Retail Ltic~nses: ~ll retail, on-sa[e lieenses ex~Types 4~ ~n-
' sale beer and wine far h-ain}, 44 (on-sale besr and wuie for g party ),
45 (an-sale ~~~z and wine for boat), 4fi (vn-sale beer atad-wine far airp~~.*~~,` •
53 {on-sale genpr~I far train an~ s~~pYn~ ~~r} , 59 (on-S~z ~°Ilf:~ ~r,r ~',n>tl ~~
. .
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t990-9Y L4B ANGELL"~ COQ~TTY
PLA~i ~'OR ALCOH~L-RELATED BERQICES
~~
~(/''J~ V~ ~
~ r y
r, 1
/
Preparod hy
Countp af Los Anqelea
Department of Sealth Servicas
o~five of ~-loahol Proqraia~
oa~ober ~, 5990
~I~~~~
~ ~
3~T11TLtAa ~IND EYTENT pF 7-LCOHOL~R~ItATED PRO$L,EMS
IN LOS l1HGELLB COUI1'PY
Th~ consumptio~ of alcohalic beverages is consid~red by much cf
Eac~ety to be a leqitimata part aP daily living. People af all
aqes, soc~oeconomfc 1eve~s, and aZmost every cultural gr~up dr~.nk
axcohol. Althauqh alcohol use is widespread, an estimated 33
percent of Americans age 18 and over do not drink (Clark and
Midanik 1982y.
Alcahol i: associated With many positiv~ bnd v~lued secial cvstams
a~d ritua~s. Madia and advertisinq portrayalg of ~-3cohol both
rel3ect and shape svcietal attitudes about Alcahol by associa~ting
drinking with many desirable attributet (Moskowitx i9s9). In
addition, the production and distribut~an af alcohol~c beverages
is an important part af the nation~s ecanomy. Americans spent over
5605 bi~iion an alcohclic beverages in ~983 (Aleohol Research
In~ormatior~ Se~vices 1965y.
Alooho~ is nevertheloss a poten~. drug whfch may imp~ir phys~.cal
caordiz~ation and judgment, dim~ni~h contra]. aver impulsive
behavior, and e$use serious short ~nd lonq-tex~m health
consequenc~s. The deqree of these effect~ is usually directly
related ta tria amaunt consumed.
Throu~hout this nation~s history~ society has held contradictory
attitud~6 about aZcohol and has enacted vdricus palicies to coatral
a~cvholic beverages. Perhaps the most not~bl~ experiment fn recent
history is the 18th Am~r~dment ta the U.S. COriSt~t~lt~p1Z~ wh~ch
prahibfted the manufacture and sa~e af aleoh4lic b~verages fram
1924 to 1933. A~though effective in terms af ~ignificantly
reducing alcahol canstuttption and related problezus, Prohib~tion was
Cans~.dered by most ta be a failure (Moore and Gerst~ein 1981),
The repeai of Prohibition had important implic~tian~ for public
attitudes and pvlicies tow~rd alcohol use. A~.cohol us~ came ta be
viewed as a purely p~rsor~al choice (Aaron and Musta 1981). A~or~g
with this vi.ew came ~#ocus ori individua2 a~coholic drink~ng and
a den~.al of lamily and soci$~ problern~ that result fram
individuels' drinking. `Th~ prob~~m identified we~~ alcoholism, ~nd
the respons~b3lity to r~ddress the prob2em rested w~th the
excessive, c~ror~ic drinker.
Yn recent yQars ~ we have begun to take a~ broader vieTa of the nature
and scope of a~cohol~related groblems. The nature of ~tlcaho~-
rel~ted probxems is incrsasingly being defined riat just as an
individual probZem, but also ns a family mnd coaununity prablem.
The scope of dl~ahol-related problems !s defined nat jus~ as
a~lcoholic drink~ng, but ~~sa as ~ny cvnsum~tion of aleehal in hfgh
risk s~tuations. -- - ~'""-'
4
l}UrJti. ~
! ~
~7u~t a~ an individu~~~s drinking affects ~hs tamily and the
community, so do fami~y and coauaunity attitudes about a~cohal
atfect the dr~nki~q practices af individuals. Alcoholism is not
just an is-trapsychic, ir~dividuaz prablem. Alcaholism is a product
o! the dri~ker's rslationship to, and inter~ctian with, the
immediate ccmmun3ty and friends, the werkplace and co-workers, and
society in qeneral.
Probie~ drinking can be 6upparted fn the ind~vfdual by soaiety~s
often irr~t~onal mttitudea taward and ignorance about alcohol,
Prob~em drir,king is trequently unintentianally supported by lami~y,
friends, ca~workers, employers, and others in the drinker~s sociai
enviranmertt.
Traditiana~ly, we have thouqht of a~aohoi problems as the resu~t
of chraniv, axeessive consumption of ~lcohol. Cirrhosis of the
lfver and many o'ther heaZth prablems ar~ Iong-term results of this
type of consumgtian. However, there arQ many ~thar A2cohol-related
problems which nre not caused hy chronic excess~ve use, but are
associsted with the place or circumctanee of alcohol cansumption.
For examp~.e, research indicates that any consumptiort of al.coho~ ~y
e pr~gnant woman may prvduce birth dQfeots. Also, alcohcl
cancumptian by a person who will bo driving an automob3.le
immediately aft~rward creates an unacceptabl~ risk of hara~ ta ]~oth
himse~f and others. For these rensans, the detinzt~on of the rcope
of alcoho~~related prablems~ is beinq exganded to fnclude ~ny
drinkinq in high risk situations in additiat~ ta chronic, heavy
drinking,
IHD=VIDVAL ALCOI30L-RELATED PRO~LEMS
At the individual Ievsl, alcohol is a tactar in a broad range of
problem9 including ghysicaZ, emotianal, aacial, leg~l, and
emp~oyment problems. Estimates af the number~ o! alcoholics and
peop~e with mlcohol-rel~tted problems ~n this C01331tty range ~ram 18
to ~8 sni~.lion persans (We~t 1484; Un~t~d States Departmont o€
Heal~h and Huma~ Sgrvices 3983~ Secretary of Hea~.th and Humt+n
Serviees ~9e5). The broad range of estimbtes is largely
attributable to dirferences in defining end measuring a].COholf5m.
Early formulas to estimate preva~.ence usually defined alcoholism
as physic~l dependence on alcahol and used rates of liver ctrnc~sis
as indicators af alcoholism.
Wiliiams et al. (1987) daveloped 1990 pro~ectians for the number
of alcohel abusers end alcohalics ih speci~ic ag~ groups in the
resident, nan-in~titutianalized U.S. pppulAtion aged i8 yenrs and
older. Applyinq these proj~ctions ta estimates af 1990 population
for L~s Ange~e~ County shaws that aloohol t~buaers and aicohol~cs
cor~~ined ~re sstimated a~ 602,207 persans (~~e table 1).
5
OG~~:•i
.
TABLE 1
.
Estimated Numbers of Alcoho~ Abusers and Alaoholics
Combined ~ Las Angeles County 1990.
Age
Cateqory Total
Number
~#)
18-20 years 61,152 (10.1~C)
z~.-~a yedrs a8a,~za ta$.a*)
35-49 years 180,5a5 ~30.0~)
5D-fi4 years 53,781 {8.9~)
65 and av~r 17,848 (3.0~)
Tata1 5pZ,2D7 ~100~j
In this study, alcoh~~.ics were defined as thvse ~howinq sign~ of
alcohoi d~pendence such as loss o~ memary, inability tc ~top
drinking until fntoxic~etion, inabiiity tv cut dawn on drinking,
binge drinking, and withdrawal 6]IIRptDm$. A~.cohol abusers were
defined as thos~ who experi~nce neqat~ve social or personal
consequenees of alcohol use, ~uch as arrest, accident invo~vement,
health probl~ms, impairment of job per~ormance, ar difficuities in
p~rsanal relationships (Wi~liams s~ ai. 1987},
For the popul~tion between 14 and 17 years old, one researcher
estimated that about 1 in 5~s a prablem drinker ~Crechcwi~x 1988).
AppZyinq th~s ratio ~o County pflpulation estimates for i99o
indicates that about 87, 344 persons iri this age bracket are problem
drinkers. Adding both estimated fic~.trez shows that approximately
G89,551 ~ersons 14 years and aver in the County fa~l into the
~ cat~ory qf b~ing an aZce}~olic, alcohal abuser, or-problem dr~nker.
This group represent~ 8,1 percent of the to~aZT estimated County
population for 1990. Co~apared to ather studles, thia i~ a
censervative ~stim~te.
glcohol-Related Mortalitv
The Centers !ar Disea~e Control has estimt~ted that 105,095 persons
diQd from a~cohol-related cau~es in 1987, which conrtitutes 4.9
p~rcertt of tott~l nati.onal mortality (Cerit~rs for Disease Control
1~9~). Qf thes~ 105,095 dQaths, b6.8 percent were maies. AlCOhol-
related mortality a-ccaunted tor 5.3 percent o~ ali d~~,ths ama~g
ma3~s and 3.4 perc~nt of al1 death~ amo~g femalQa in 1987.
Specific diagno~is which were major contr~butars to these deaths
incZuded mator vehicle crashes (Z~.3 percent}, homicide (8.1
percent), al~oholic ~iver cirrhos~s (7.1 percent), and esaphageal
cartcer ( 6 . 5 percent) .
~ l~li J~~~
~ ~
~n ganera~, alcoh~l is a contributinq lactar in a varie~y of causes
vf injury and c~eath~ including l~~er disease~ cancer, ho~ne and
recreational accidQnts, falZs, ~ires, d~owraings, boating accidents,
~rime and violence, suicide, and motor ~ehic~e crashes. In Las
Angeles County, there were a tota~ o~ 2,195 alcohal-related c~eaths
i~ 1988.
Alcahol-.R~lated_Morbiditv
A~coho~ fs aasociated w~th ~ w~.de variety af inedicai and
ps~aholagicaY problems. Setween ~5 an~ ~0 percent ot patienCs seen
in a~n averaqe general medical practi.ce hav~ sign~fic~nt medical and
psycholog~,caX problems associ~ted W~th alcohal use (M~ller ~t al,
19$8).
The types of health problems typ~caily ~ound in heavy drinkers
inc~ude liver dis~ases~ particularly cfrxhosis; diseases of the
nervous, gastraintestinal, and respiratory sy~tems; heart and
v~sc~~ar diseases; cancers; metabolic and immuna ~ystem d~sorders;
endacrin~ disorders; nvtritior~al deficiencies~ poisoning; ~nd
injuries from motor YehiC~e and other acc~dents (NIAAA 1987).
Gastraintestina~ disturbances cammon~y occur w~th alcohol. use.
Esophagitis (heartburn), peptic ulcer disea~se, and acute
pancreatitis aften reru~t lrom regular alcoho~ consumption. Vague
abdominal discamfort~ diarrhea, constfpation, quAiac positive
stoois, and g~strie eancer are alsa associated wfth d2cohol use
(Miller et nl. 1988). In addit~on, there is substant~al a~.cohol
association with certain neurotic personalit~ss, other nonpsychotic
mental disa~ders, snd drug abuse (stin~on et ~~, 1986),
Individual alcahal-rela~ed probZems also result in problems for the
family, tha ~riends, and the cammunity of the drinker. S~.n~e
a~cvhol-re~~ted prob~ems are a product o~ th~ reciprocal
relationship batween drinkers and their et~vironments, the
individual problams alsa beoome family and community issues.
FAMILY ~RO$L~MS Rx;LATED Ta ALCOHOL
There ~s a ccmplex rtia~ionai~ip between alcvhal and d~srupted
tami2ies. AZcohel is involved in one-third og child molestation
fncidents, approximately on~-faurth to one-half of marita3 viaience
incidents, and in 13 percent of reported child abuse cases (Bowen
1988; Roizen 1982; Hamilt~n ana CaZlir~s 198~j, Estimates of the
concurrent incidence af alcohol problems an~ family vial~ence range
from 25 to 85 percent of the fami~ies studfed (Roy 1977; Katz 1982;
Flanzer i984; Harn~r 1987y. Rather than A c~use nnd effect
relatianship, aicoho~-related family vial~nce is seen as a
rynerqistic intaraction of the two~ ~rpblems (Flanz~r ~984).
Research evidence suggests that divorce and separation rates mmong
a~cohoXics are ~even times hiqher than in the qenaral population
(Paolfno and MoCrady 1977).
7
l1~iJtit3
~ ~
AZtha~qh it is not documented in th• resemrch, one of the mast
severe alcchol,-rel~ted problems af ~ectinq families is their denial
o! aZcQhol as a prab2em. In many instances, problem drinkers t~re
able ta ~vntinue destructive drinking gatterns bec~use fami2y
memberi unintentionally suppart and assist them. Refusing ta
acknow2edge aZcvhal as a probiem can p~rpetuate dysfunctian in
families and aff~ct the caciai and emotfona~l development of
children.
Famiiy a~aaho~-related problems may baqfn befare birth. Fetai
Ai~aho~ Syndrome (€ASj is a distinct pattarn af physical and
behavioral ~nomalies which cari occur in children of women who drink
alcahal during pregnancy. The hea~lth effects of materna~ drinking
on the developing fetus include neuroloqica3, behavioral, skeZetal,
morpholoqicel, and devQlopmantaZ disorders, facluding mental
retarda~ion.
According to the xmtienal Institute of A~coholism nnd A1Goho~ Abuse
(NIAAA 1983y. FAS ie one a! the leading caus~s o~ birth defects,
and the orily one that is cvmp~etely preventable. The United States
Public Heaith Service estimates that of the 3.6 million b~-bies born
in 1983, more than o~e millivn were born to women whv drank during
pregnancy. The United state~ Surgeon ~eneral {1981} has warned
that any consumption o~ a.lcaholic bev~rages during pregnancy may
be dang~rous to ths letus. He has advised wom~n who are pregnant
(or consi~~ring preqnency~ not ta drink alcahaZic beverages and to
~e aware vf the ~~coho2ic content of loods and drugs. Resear~h
shaws that the r~sk ot ~cw bi~th weiqht, irr~tability, and other
developmental problems is hiqher even whQn pregnant women drink
or~1y moderately {Littlc, 1977t Streissguth et al, 1982).
Growing up iri nn alcoho~ic home may ha~ve long-term ~ttects an
childr~n. There ar~ an estimat~d Z8.6 mil2ion ch~ldren of
alc~~~-lics, 6.6 miilivn of whom are under the age ot 18. Research
on children of e~lcoholics is re3a~xvelp new, and is limit~d by
methodologfcal and ethical concerns abaut samples. In m r~view of
the avaf2abZe 1lteratur~, Woodside (1982) neted ~tudie~ which
sugq~st ivwer self-est~em, heightened social aggression, and
increased ~motional detachment amang children o! alcohalics.
Cb1+~ipNITY ~-HD B~CIETAL PR08LEM8 RL'~,ATED TO P-LCOHOL
Family and i.ndividual alcohol-r~l~ted problems have a cumUlati~e
negative impr~ct on co~nunities and on society--at-lmrge. The costs
af alcahal-reZated probl.ems aan be express~d quantitatively in
ecanamic terms. Qualitatively, the costs may be asti~cated by
cons idering the role af ~-Icohol in aur COC~~~II ~ and consider~ng the
human costs axperienced by ~~milxes and individuals which cannot
and shou~d not be reduced to •canamic values.
The cc~sta af alcohol-re~ated probl~m~ in tnis oountry wer~
approximately ~115 billion in 1983 (Re~earch Trirtngle Insti,tute
1s85). Th~se costs inc~uda a~praximatQly $71 bil2ion in lost
prcductivity and employment, $18 bi~l~an in excess mortality, $14
8 t1UJti ~
~ ~
bi~lion in h~alth care easts, and $12 b~lli~n ~r~ property loss and
erime (Moskowitx Z989). One source est~mates that two dollars o€
socia3 costs reau~t ~ram every retail dcllar spent an alcoho~ic
beverager (Moshar 1987). These socia], cost~ ar~ t~curred by al~
consumert~ ~ot ~ust thase directly at~ected by ~~cohal-re3ated
prob~.ems. Tr~xpayers, b1]sj,~7B5~5B,~ and pfllic~-halders ~f insurance
compa~ies ara some af thv groups affected. According to the
Ra~earch Triarigla Institute (1995), the costa of alcahol-related
prob3ems in x9$3 were distributed in the ~ollowing manner.
• ~'ifty-nine percent ~$68 bi23ivn) was absorbed by
inflividuals with alcahol-related problems and their
familiea.
r Thirty-three percent ($3B billion) wns p~id by qovernment
~ourees, w3.th 23 pcrcent of the totr~l paid by the ~et3era3
government, and 10 percent by ~tate and local
gevernments,
• Efght percent ($9 billion) was paid by insurance
~vmpmniss an 2ffe and heaZth insur~r~ce c3aim~,
Reduced produCtivity at hame and in the warkp~ace accounted !or
appraximately $63 billion (55 percent) of the tat~l ~stimated
costs. This category repr~sents the Iargest single area of cost,
and suggests ather alcahoi-rel~ted costs to society that are not
rendily apparent.
The estimate of reduced productivity costs is based on the lower
earriings of worker~ with alcchal~-related groblems. De~reased
productivity results in increased costs tor busines$ and industry,
and may be pasaed an to can~umers through higher pric~s, 3ower
wages, and reduced profits. The estima~te provided does not
cansiaer theae factors.
Traffic accfdents and illnesses related to alcahol represented 11.3
percent ($~3 bil~ionj and 8.5 perccnt ($9.7 billian) of tt~e tat~l
Ccsts, re~pectively. Crime and injur~es other than traPfic
accidents together accaunted for epproximately $g billion of total
costs, or seven perc~nt each, Fetal Alcohol Syndrome represented
S4 billian, or 3.6 percent of the total casts.
Appraximately $4.4 bi.l.~ion was sp~nt in 1983 for alcohol recavery
and treatm~nt ser~ices. Prsvate insurdnce, feder~l. st~te, and
locai governments paid vver 90 percent of these costs.
Econamic._Impact o~ Alcahol-Related ProbZem$ in Los Anaeles Cauntv
In 1985, the Los Angeles County Chief Administrative Office
relea~ed the seventh edition in a series of reports on the
es#~mated cost o~ alcohvl-r~lated problerns ~o the Los Angeles
~,~,nty government. The report estimated the cnst ~t $320,188,250,
~hich represented an incr~ase of 47 percent ~rvm the fiqures ~n the
9 ~~
Uu•.1ti:~
~ ~
1980-81 study. This ~ncreas~ may have been due, in part, to a
great~r awa-rene~r abaut ~lcoho~-re~~+ted prablems, and to improved
methods a~ repflrtir,g alcohal-related oa~ts. The repart suggested
that the r~se in ~osts was nlso due ta increased effects of
alcohol-rel.a~t~d preblem~ an Gounty resident~. The 2arg~st
percentaqe inarease in expenditures occurr~d in the Ofrice af the
Distri~t Attarney (119 percent). The largest dol~ar incr~ase was
reported by the Departmen~ of pub7.iC Social Services ($60.3
mi~l.ion), Bath deAartm~nts attributed the cast in~rease ta more
alcoho3-related cases.
~`hese estimates ]refl~ct the expenditures cf County government in
ctf~~es af the crim3na2 jctstice systam and in othar depa~tments
such as Hea].th 5ervic~s a~d Pub1ic Social Services. Casts to other
and private aqencies, and to business nnd industry are not
included.
In 1~989, the County Departm~nt of Hsalth Sex'viCes (DHS} est~mated
their Fiscak Year 1588-89 alcahol-related expenditure ~a be
$107,291,7G4. This represents a 75.s percent increase o~2r the
amount reparte~ in th~ Ceunty chfef Administratfve Ottice's ~~65
report reteranced a~bove. A major r~ascn tor the substantial
~ncrease waa ~n improved method far estimatinq alcohal-related
exp~nd~tures,
In 1s90~ the 4ffice af AZcahal Programs (o~iPj de~slaped a~ methad
ef compax~inq the cost~ ~nd benefits of a~cohal sale~s a~nd alcohol-
related r~venues tQ Fiscal Year 1988-89 costs af aicvhol problems
and a].~ohol programs i~ Los Angeles County. An estima~ad 51.329
bil~fan, ~pent ori alcohol retail sa~es, re~ul~ed in an estimated
$23.Z mi~Iivn in snles taxes fiowing inta Lvs Angsles County. At
the same time, however, an estimated $~ billian i~ economic costs
were in~urred as a result of problems attributab].e tc the misuse
of alcohv~. The resu~Zting rst~o of r~venue ga~ned trom the saie
of alcchalic beveraqes ta the cvsts of a~cahal-ralated problems is
staggering. Fer ~very dollar cvllected lrom a~coholie be~erage
taxes, $172.00 in aicohol-re~Ated prob~ems are generated in Lvs
Angeles Gounty.
Community denial of the rale of a3cohol ~n community problems i
a signi~icant aspect in evaZuating the ~xtent of alcohol-related
prQblems. SQCiety o~ten ignores azcQhol as a centributi~q factor
to crime, economic fli~ficu~tiesf accidents, health eare needs, and
~ host of other prabl~ms. Compared ta other druqs with a similar
potential, drinking is socially sanctioned wi~h tew farmal or
~n~prC11~~ rnstrictions. Yn scme instances, communities unwittingly
prcmote consumpt~on in hi.qh risk situations throu~h failinq to
control the lQCation of alcoholi~ beverage sale outiets,
aver~aaking the promfnent roie af alcohol in eommunity events, or
per~itting med~a portray~ls of alcahol which provide only positi~e
image~ ag drinking,
10
UVJs! i
! i
Denia~ of ~lcohol-related problems by the community affects the
standard of living and quality of l~.fe of al]. residents.
In summary, alcohol-related probl~mr are ~ gunction of the
reciprocal rel~+tionship between individua~s ar~d their environment
and are de~ined as tndividual, fa~nily, and community prohlams.
These problems may be the result af chron3c, excessive cansumptian,
or any consumption in a high risk ~nvironment. Alcohe~-related
problems have ~ major i~apact on our society. Denial of the role
af alcoh~l in commur~ity problems affects the extent ot alcohal-
related problems perc4ived by society.
11
UUJ~~~
~IROWNPROOFIlr~G Ai~D ~WATFR SPECIRLIM
C~~~F~nder D. S. 5mith, CG
LNFRODUCTI~1
I hel~.eve that many, if not most, sa£ety o~£icial.s do not camprehensiv~ly
~derstand the causes of water re~ated deaths. Consequent~y, through Iimited
perceptions of haw, when, where, or why peaple lose their Iives in the water,
situational].y dang~rous survivai concepts may be perpetuated. This outloak
has iwo root~. The first is persona~ experience. During the Iast five years
I have been a Coast Gua~d spakes~ o~ hyparhermia or accidenta7. redvctian of
innEr body temperature. Crisscrossing the country to girre water safety ta~.ks
and demanstratians has al].~wed my meeting approximatel.y ZO,OdO fellaw citizens
in 38 states. In addition to my primary duty of waxking with boating safety
agencies in the eentral and midw~sxern states, ~in~].uding t~e ann~aZ review of
250 reports of boating ~eaths}, x have given at least one Iectvre and ane paol
de.*~onstratian each week during most of this period.
The se~ond root invaZves observatiaan.s on self-preservativn. A speciES total].y
given to dealing with enviro~ent in ~mqu~stio~ing ways, is a Sure target £or
extinction. Doing what we da simp~y beCause someone or some organi.zation has
iang endorse3 it, may be catastraphic. Survivai, aquati~ or otherwise, is the
responsibi].ity af ~he irtdivid~al. Thc3se Hrho have questionec~, iuzvestigated,
and practiced different responses to variaus, prabable situatian~, axe most
likely to avercom~ accic~n~s. Deve~opment of ef~ective, al'ternate strategies
d~ends an tmd~rstanding causes of mishaps.
The fallowing combznes t.~ESe oc~tZooks the:~ briefly exp~ains basics in wa~er
survival, praposes a~ontinu~m of responses, and suggests how individ~a~s
might sa£e3.y test the:n.
EDT3~'.AT IOk~1 AI~} AQUATI C SAFETY
Drawning is the secand 3eac~ing cause of accidental death natianally ~ to age
4~. It is the thir+d av~ra~2 Zeading ca.use of death for aI~ ag~s.
ApProximately tw~-thirds' of draw~ing' ~ vic~ims ~?~~nat swim. ~vearl~y 5fl~ are
involved in cold -wate~ . ro ateiy half the yictims age l.l and oldeLmav~b~
~.egally intoxicated at the time of the~r deaths. 5,6D~~Americax~s drowne3 in
~ . t oug ~nis is ~ne a~ tne 3awest yearzy tata~s an record, bs6Q~ zs
s"~I toc hi~. a n~~~r of r.ee~~~s~ tr~gP~ies.~-~•3•
Hrn~r did many, if~ not most o£ these pec~ple {~I~? The prime maver is their own,
or someone eise's ignorance. They exther d~c3ri't appreciate the high~y
probable outc~nes ~f their own behavior, or if app reciative, they didn't
care. An znebra.ated non-swinmer (or swi~mer~, involved in aquatzc r~creation
is surely tenpting mare than fate. Yet, why do ~sa many peop~e a1la~r
themseives tfl blissfuZly and repea~ediy enter such situations? CouZd i.t be
they are too we11 educated?
1.
ilu~,~~
, Educaticm also ~ls with narma~izatia~. Taa o~ in a3I forms af acad~~.c
r~ endeavors, w~ hear and aCCept t}re inju~ction: "These are ~h.e rules - don~t
questio¢~ - just do th~m." This tends to derogate the educationa~. experience
~~~- from its hig~est sfiate of self discavery, to its too narmaz, Ivwer form of
~i ~aiquestioned indoctrinati~. Essential to purposeful, productive learni.ng is
the appreciatian, aquisition and applicatian of princip~.e rather than sau~ess
~ technique. Yet, hrna guilty are we of nat explaining the ratzona~ behznd our
dictum w~en we ourselves da not £ully c~nderstand it?
To demonstrate that not ~learly seeing the educatian probl~- is wide sgread,
please fa~ow this ~agic. A non-s~z~mer, by defzrzition, cannot move
horiz ont~l~y thro~agh th~ water, We knvw, fraan many years' af boatu3g
statistics, that the snaller and Zess stable a watercra€t, the more dangerous
it is. Fewer aacidents are xeported to boats ar canoes imder 15 ~eet in
iength. Bvt, they are involved with the majority af aiI boating fatalities.
Fa~1s averboard and capszzings ~ead all other boating deaths combined.4 •
Natwi~hstanding this, floa~a~?Ie cushians are Caast Guard appraved for use on
al~. craft, regard~ess of Iength. When a smai~ craft ar canoe turns over, the
occupants are us~a]1y catapulted aut and away fro~n the vesse~. ~ut, whatever
is lying an the kee7. or within the twnblehome, such as a cushion used as a
knee~ing pad, is na~.
Unless a non-sw~ner is wearin~ a
~mlikeiy gresen~e af mind to grab
fligs, the floatabl~ cushions are
isn't the naive, n~-swi~er ].ed
approved cushions? Perhap s there
products.
persana~. floatati:on device (PFD~, or has the
ezther a PFD o~r t~e gunwha~e, when the canoe
trapp~d inside and rendered useless. Yet,
:a be~ieve he ar ~he is safe with these
are victims of ed~cation, as well as
'II~ F4TAL 'iHftE£
`~We have a reasonab~y secure body of research supporting a tripartite diagnosis
of drowning'~ ~ause. ~nability to swim and/or not wearing a PFD; ~old water
(re2ati.ve to the person's metabaiic profile~; and abvse or intemperate use of
~ a~cohol, and othe~' h~ahlzr~gerous_dtugs, farni o~r tausatiUe t~i~vzrate.
en toget er ese form SDS or sudden drowning syndrt~me. This conce~t is
~ based on three saurces: Coast GUard research into recreationa3 baating
accidents; twa (2) infarmative films by Frank Pia ent~tled "On Drowning„ and
i t~rawning Facts and A~iyths"; and, continuing research into immersioa~
hypothermia at the University of Victoria in British Calwnbia, the University
o~ Minnesota, Du~uth Campus, and U. S. Coast Guard Headquarters.
In the early 1970's the Coast Guard started a series af long range
invest~gations into boating fatalities. These st~dies identified many of the
psy~ho~ogica7, and physiolog~cal aspects of boating and water accidents. Along
wi~h the sudden ~rrn+rning syndrame, Caast Guar~ st~d~es fflcused ~ the effects
of hypothermia, espe~ia~ly its immersion aspect, and tha~ o~ stressors or
fatig~ factors in norma~ boat aperatian. The ~requerttly fa~ai relationship
of cald wa:ter, alcohol and habitual nonuse af PFD's by non - or poor swinmers,
is shown by this research. ~
_ ~ _ . ~
3.
~~
~~ ~~,. ~. _
~ ~
Tr.e a~o~e reactians usually accur before hypothermia becmnes apparent. The
i.nitia~ si~ o~ hypothermia is shivering, As the bc~y lases heat and t~in.t:ing
becomes progresvively impaired, the victim is both threatened by t~e foregain~
anc~ ~rrational actions whi~h fisther minimize s;~rviva~. As bady te*~aerature
Iokers, all mental and physical capa~ilitiss decrease. Until, in ma~t cas~s,
death t'~raugh drowning occurs. It has been estimate~ that an tmtrained,
ca~repared, mYddl,e age ma~~ immsrsed in 54 degrep Fahrenheit water has ~0
minu ~es before his chances for surviva3. beccme 50 J5~ .~~ •
D~VS~
.Having identified cold water and alcohol as dangers, hcw do we attac',c the.~n?
I Ct~paratiZ~e~.y ~ittle is being done in pQua~ics tc ~n~ ofi th~ 3angers of
~' intoxicatian. The prir.t~.ry reason is that we, although a nation of aver4
~~ tipple:s, ~mdersta:zd so very ~ittle abo~t t~e effec~s af ine~riatian. ~n t:~e
• other hand, we are encouraged, conditioned and indoctrinated to dev~~ap a
tas~e and subsequent need for alcoho~ic beverages, especia~Iy in recreational
SGtti~Z~5. For irrsta.rfee, care~Ul7.y katch beer cv~~uuecia~s an TV t~'~is sprizg.
Prime tame station breaks wi11 repeatealy featur~ t~is scenaria: thres
fisher~~n, sans ~D's, with a snall easi~y capsized bcat -- in whz~'~ they are
al~ standin~, and an o~viaus ~is~lay o~ th~ spansvr's praduc~. ImiLation is
tne sinples~, most efzective, and langest lasting ~o~ a~ behaviaral shaning.
Thi^.~c of that in terms of the eyes, both yo~mg and aId adhered to the tuGe.
Are we, as aquatiC educators mindf~l ot our r~s~onsi~alities to our stude:~~~,
' if w-e conti.nL~e to allow this situation to exis~ unncLi.ced and i~c~a?le.~~ed?
Vext, w~at abaut co~d k~ater? Experzen~ed swi:r~ers may become chi3l~d after a
lcng kor'~cout. But, they are use ~o it. That is exac~Iy the point. They nat
only can s~ai~, br~t are mental~y acc~imated to being in less than warm wat4r.
Hcitiever, wl~o k~l~ the*nseives in o~.~r lakes, streams, ri~ers and ponds' R~ght,
non-s~ai:~ers ~ By definition a persan k~o fears the ~ater wi~I not a1low him
or herself to beccme ac~u.stc~med to it. Even with ~xperi.enced swi~ners,
several hi~hly dangerous yet uszaally lmappreciated aspects af co~d water, such
as the tors~ reflex - the ~mcantrolled aspiration r.r~on ~mexpec~ed co~~ wa~~r
'arunersio~, can ove~whe?m even th~m. The defense is clear. We, again, as
aquatic edLCators, must infonn our cw-~,~+mities about the hazard of i~ersion
in ~cmparative~y cQld water. A most effective, and rapid method of doing
this, is to deputize yaur students.
As with most of the ather tragic aspects of draw~ing, an appreciable body af
c~,~~re~ie^sive research, translated into efiective equipment is
avai].a~~e.~4• But, those of us ~~o shou3d knaw th~ most about ~this, are
oft~ the ~as~ to became informed. Rapid dissemination af this in£oxmat~on to
all levels of aquatics, wou~d cmdoub~edly praduce a b~neficial, downward trend
in acca.dents.
~ AQU.~T~C Sr'IF~TY LE~~1i~TG SPEC'IrtUM
Havi.ng disposed af the ].atter ~wa of our fatal trzad, w~at are the neec~s of
the ncn- s~ri.*r~ner, or swinmer who gets into diffia.~Ity? The Caast Guard
estimates that 85o af the 1,4~0 persons trho died k~i~e boating in 197~, would
not have, :~ad they been wear~ng PFD's.~5• Our first line of defense is .
apparent.
5.
CIG~i.3 i
~ ~
Basic dxc~wnproofing, the re3axed, face dawn flaat, w~th trave~. strake, is
excel~ent for a poar s~rilmner, It aid~ develaping skill and confadence. In
canparatively warm wa~er it ~an save his ar her life. Hawever, in eva~uating
its eff~tiveness fi.~iere are two important considerati.ans. Ydhy isn't he or she
wearing a PFD in 'the £irst p7.ace? 5e~ondly, su~pose the persa~n in the water
has more than marginal swi~mning skil~s. ~s drownproofing the reco~ended
course?
I do not believe so. ~gain, anyo~e who can reYax in the water (i.e., a
sw~ner) and float face do~, should be ab~e ta float oai their back wl~e~
Clathed, with appreciable portions of their greatest heat Ioss area (i.e.,
head, neck and ~ace) out af the water, The reascm, hydrostatic pressure
increas~s with depth. If a person ~s vertica~ in the water, pressure is
greates~ an their feet and ~egs. Air in these reg~ons is forced upward and
out. Hvwever, by back floa~ing, and att~~~Yting a motionless horizanta~
attitude, averal~ water pressure ~ the body is great~y reduced. Air sscapes
slawly, thereby providing more flotation and insuiation to a nan-maving
perscm. Shoe and watertight boot taes, especially in h~p ar chest waders,
will trap and hold ai.r for lcmg periods if the prac~iced warer quic.kly brings
them to the surface.
H£LP Atv'D HUDDLE
If yov should imexpectedly find yourself in the water, and you are wearing a
p~rsonal f~.otatia~ device, the folZowing is reco~nended. Shauld you decide
not to try to swim ~or shore and cannot get into a s~,ramped canoe or boat,
(notice the pxeferred pxacedu~e is not ta hang on ta the bottaan, but rather to
attempt to right a s~ma~l craft) then try ~P. This acrouym stands for
heat escap~ ~ess~ning Positio~n. It is a hPac3_~ut nf _th~y,r~tPr~ ~Pra1 t,x-k
~~ r_}i reduces=h~ r~e~t fl g~~~e y~e.~..b~,.ar_~ pa~t ~~n. C~S~SS ankles,
~ aY~~ ~ Q,~7,.P~~ l Pan h~x1C~L~.F'~.~C. Tl"Y it lrl ~
paal before you have to depend on it. Nate fihat the water becoanes m~ch cooler
when arms and legs are extended after halding H~-p for a f~ minu~es. Should
you have diffzcx~lty by rolling from side to side, ~otmtex by tilting your head
~n the app osite directi~. T~ ~his doesn't work, extend you.z~ Iegs
s~ightly.l~•
H~•P can usually be done without a PFD if yau are wearing waders, coveralls
with Iayered c3othing underneath, or a sno~nobile suit. The tr~ck tv this
fo~m of flataxion ~s to ~~,p,i~tt~.~ ~o~~ 3~.d. ~o ~iz._~ragAed.ri,z~y.ouz
~,p~~a c,r w~ders. Again practice b~fore yo~ depend ~ t~e tec.hn~que!
If more than ane persan is in the water, and a17. or most are wearing PFD's,
"hudd3.eF' is rec~,r~~~ended, Make snall, tigh~ gro~s af three or four, with
chest ~~ose~y toaching chest. Arms should be p~aced around the backs of
persons o~n e~ther side but k~pt undexwater. Smaller people or ch3ldren can be
p~aced ~n the middle. As wi.th ~P, the idea is tcs conserve and/or share heat
~ry not maving. Huddle also provides a better visual target for rescuers and
aids morale by encauraging co~imication within the group.lg•
7. ~iu i,~ ~i
~ ~
2. In teaching n~n-s~aimmers, I estimate that 3 out of ~ are afraid to place
their faces in the watex. This may be based an chi~~ood fixation ti,rher~by a
mather atta~~yts to scrub the rhild's ~ace with a cold, wet washcloth. T`he
chi~d's strugg~ing is nat recognized by the mother as ari att~~pt ta brea~he.
Thereaf ter the child is made fearful by having his or her face in water. To
overcame this I rec.,~E~~~~nd that a nan-swi~aner €irst becaane used to repeatedly
placing their face in a sma].1 bawl of wazm water. Next, they Iearn to hold
their breath as lvng as possible arid also to blow bnbbles in the water. When
they can carnfortably do this, they ar~ ready to leam to swim,
3. I be2ieve ~hat anyone who can swim can also f~.oat on their back. Musc~e
tensian and reguZarity of breat.hing have de~i.nite effects an floatin~.
Relaxing af mus~les and expans~.an of the ~taigs de~reases the body' s specific
gravity, and a re3,axed swimmer floats. Canversely, irxegular, Si~allow
breathing plus anxiety related flexing of the muscles increases specific
grauity, and ~he n~-s•~r~er or the dastressed swinnner doe~ not f1Qat.
Chr~nic sinkers also tend to exhale as they go be~aw tiie sur£ace. A person
wha ha~s dif~'ic.vlty floating ~hould atta„~t to xelax as much as passib}.e,
inhale de~ply, and hvld their brea~h. They shouid then roli into a tight
ball, this will positively effect thsir buoyancy, enabling floation with t~e
back above t~e water's sc~face. After experience and confi~ence is gained in
~this positian, the relaxed swi~aner is thm ready to att~t back flotat~an.
1~tormaZly, a persan not used to back fl~ating may su£fer dzscomf~rt thraugh
water in the nose. Hence, nose c~ips are required. Ne~ct, completely inflate
the ~~gs and try relaxed f~aating aa~ the back. The arms shouid be floated as
far above the head as possibZe, kTith the back arched and the chin ~olled away
frrnn the chest. The feet and legs may begin to sink in 'this attitude.
Haweerer, by ~ncreasing tlze arch a~ the back an~ ro~.~~ng the head furthe~
backwards, sinking motion of the feet and 3egs can be ca~mtered. Breathino in
this attitude is the same expiasi~e tec}mique used zn droxnproflfing. ~ have
taught swimmers k~o ~auld nat otherwise back float, to fil~ their l~mgs
c~E~letely, bend backwards zn the water and grasp thair ankZes. Although this
is ~.mdavbtedly an~musva~ aquatic posit~on - they float= ~nce they aece~t
their abi~ity to do ev~n this, they should be able to progress toward back
floating while ful~.y c~othed.
4. 3n many nat~ona~ly ac~epted aquati~ safety courses, participants are
canditioned to remave clothi.ng in the water. This is done either to rescue
others or to faxm a f].otatian aid for the zndividual. Here the emphasis
sha~I~ again rest cm making the survzva~ proced~re ap~licahle to tlze
situation. Satisfactory flflating without removing any clathing, ther~by
insuring in~ulation and air ent~d~ment, should be taught and att~E~~ted before
disrabing. '
9.
~iC~i.~S
~ ~
''. "The Ubiquitous Boozs", Driver Magazine, U.S. Air Force AFISC/~, Norton
AF Base, CA 92409. 5eptember 198D.
8. AZc7oIzo1, Vision and Driving. Fa~ph3ets ~3385 and ~3361, American
Auto~rob ile Associatii~n, 'i'raffic Engineering and Safety Department, Falls
Chr~ch, ~TA 22042.
9~ Op Cit 4. abave.
14. The informatian in this see~ian was origina~~y presented in an article
Entitled "The Sudden Drowning Syndrame", The Ph~-sician and Sportsnedieine
Magaz ine, Vo~t~r~e $, Ncmber 6, Jcme 14$0, and ~s reprodc~ced wrth the
p`~i ~~~ier' s pe:missiam.
lI. Water Sa~ety Fi.~ms, Inc., 3 Boc~~der Brae Lane, Larchmont, NY 1p538.
Phor_e CSi4) 834-7~35
~2, Harnett, R. M. and Bij3ani, M. G., The Tnvo~vement of Co~d Water In
Recreationa~ Baating Accic~ents. Springfield, VA Narional Technical
Inforn~ation Senr~ce, ReporC ~~v'o. CG-D-3Z-79.
13. ".4t~aut Li~e Jackets n' PFD's.....with II~". 5tearns Manufacturing Ca.,
P.O. Box ~.498, 5't. C1oud, hN 543fl1
14. CansuZt the Second Coast Guard Distri.ct's "Handbock of Cold ~~ater
Sunrival" for an up-to-date Iisting o£ variaus 'types of ~Coast G[~rd Approved
ersona Flotation D~vices and flotat~on garments. The handbook a].so has a
canpsn~ium o£ new aquatic safety films and slide shows. For capies, Frrzte ta
+,.he address in faotnote S. above.
15. Do].~ T., Stiehl C., Pfauth M. et al: Persana7. Flotation Devices
Research, Spzingfield, VA Natianal Techincal ~nfarmatian 5ervice Repart No.
~~7T 3.976.
15. A Pocket G~ide to Cold Water Survi.val, [C~~uuandant Instruc'tian M3131.5)
and Hy~o~i~e:ania and Ca~d ~r'a~~r Su~--vit~al Gaast Guard P~rtph~et, At~-2Q2, ~1S
Coast Guard Hea~quar~ters; titi'ashington, D.C.
].7. Boatin~ Safety Nek~sietter, Minnesv'ta D~partment of Natural Resources,
Minneapoz~s, N~v, ~an ~981. This contains a short repor~ on hypothermia
~research at the University of I-~nnesota, Duluth.
~8. US Coast G~rd Hypather~nia and Cold Water Surviva]. S7.ide Show.
~Yashingt~, D. C., l~at~ona~ Aud~.a Visual Center, General ~ 5ervices
A~ninistratian.
~9. Man in Cold Water, Crawley Enviranmental Services Ca., Seattle, ~+IA
{cop~es avai~a~~.e frwn: Med~a and Tec~nical Senrices University of Vic~oria,
Victoria B.C. V8tV2Y2 Canada.}
20. 4p Cit ~. above,
II. ~ui,ira
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c~'a~9e tt~e~~~
0
C ~ L ~ Q ~ o E
May 8, 1990
Ta Whom It May Concernr
FoundatEOn, Inc.
CLA,R.E Foundat,~on, Inc , is a nonprofi t~ ~Dlnmu~~ ty-based seruice
organization dedicat~d ~o help~ng financia3ly and socially
depleted alcoh~lics and fami~y members help themselves,
Alcahol.ism ~s vsewed at CLA.RE as an individ~a~, a family, and
a com~nunity prab2e~r. The organization has received nat.zona~
recognit.ion for its innovative social model recovery approach.
CLARE is partia~.ly funded by the Los Angeles County Office af
Alcohal Programs and the City of Santa Monica.
CLARE Foundation supports the work Stephanie Barbanel3 is
doing in opposi~ion ta ~h~ creatian of any additiona3 alcoho3
outlets irt c~nsus tract 7QI9. We agree wi~h her that, with
.ZO2 outl~ts a~read~ in existence in a.6 mi3e area, her
ne~ghb~rhood is over saturated with alcohol sale sitES.
~%
i~ ResEarch has shown that over concentrat~on of alcohol outlets
zs direc~ly re.~ated to increased alcohol consumption. The
more alcohol is consumed, the greater the problems associated
,wzth its use. Where there is this much avai2abili~y, the
prob.Iems of the people we serve are aggravated. These peop~e
inc~ude the ~707RE1ES5, pub.Iic inebriates, teenagers, and their
families.
We are a~so concerned about the prolzferation of "mini-bars'~
in hote~ rooms. For recoveri~g a~cohol~cs and peop~e wxth
alcohal prob~ems, regax-dless of ~inancial status, the
anr~ny~nous ava~~abilzt~ that ~ini-bars offer poses an active
threat of undesirab3e alcohol eonsumption and cansequ~nces.
We also maintain that our comrrrunity wil.~ h~ a healthier, safer
place when people recogr~iae that it is not necessary to
consurrre s~c~ha~ to en~oy life.
T~iank you for yaur cansiderat~on of this iustter.
sincerely,
QrLiJ
Ca oI A. Nott ey
Ch~ef Exece~tive Officer
CLARE FDUNDATION, INC~RFDRATED
CAN:SC
~~U~(
C o m m u n ~ i y ~~ v; n g t o r A t e o~ o ~~ c s e y R e h e b r ~ i t e t i o n a n d E d u c s t r o n
P O Box 5849 • 1B71 9th Street ~ Sanla Mon~ca, CA QDaQS • (2l3} 450-5i23 • 7DD (2l3) 450.1973
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'~ BY: icERQx TEI~~COP i E!~ 70 i 0: S~ 17-92 B: 49Ar1 ,
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.r.+~ w r.y,~ow~x~, ~ sue~es~ •w,~sro~~nqw.,wc s.ous{Na wQe ycY
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DEP,~cA7wlElVT pF Ai£i~r~i~LtiC $~VERAGE COMTRO~
too~ #RO~ApwAr, ~M~~TC 956~e
~9],5) 445~]221 .
7lpxil 1S, 1992
Mr. Ira Raintr, District Attarn~y
OtticR at th~ Di~trlCt ~1~t~rn~y
County a! Los l,rigalas . .
180D0 Cri~ainal Courta Suiiding
~l0 w~st r~aplr str~et
Los Jl:tqaisa, C71 90ai2
S. 3.199i
i if~~ri~i ~ ~L/
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Daar Mr. R~in~rs
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This is in rapiy ta your r~c~nt l~t~~r raquosting essistanoa
irom t~• Departmert a! !-lcorn~ic 8ov~rags Control ~rith r~gnrd to
ths ~nforcaa4nt o! Prapo~i~ion 6~ ("Safs Drinking Watir and ~`oxia
~starcax~aat ,Rot of i98S") ss it portains to pr~mis~~ licsr~sa~ by
th~.s D~partm~nt.
Th• D~partment sharas your concerr-s with rsgard to the .
haslth psriis associat*d with toxic su~st~nc~s and w• r~~il srek
to coon~rats with your oltiae ae v~ll a-~ tha ~istrict ]-~torneys
., o! a1i ooun~i~a.
~n tl~ia r~sp~ct, tF~s Dsgart~~nt t~a~ fmplsmsntad ~ policy o!
notityinq a12 appiioant~ tor alcoh~lia b~vor~ga licrnss$ o! ths
raquir~snts af Pxo~osition 6S and th~ir r~spon~ibiliLy tor
po:Cinq the mandatary warr~ing r,o~i~~s, In a~dition, through th~
flapartm~r~t ~ s a~xver trsir-ing proqr~n~, Lic•r+s.• Edueatioa on
Alcohol nnci Druq~ (LEAD), elcoholic hevQ~~ge iicsn4eea who
rsceive tra~riing ar• remfrd~~ a~ :he ~ropasiticn 65 rsgu.rement*
clur~.nq th~ 3 hour cour~4 af #nstrrsction. Hatri app2,to~nts for rt~w
l~o~na~a ~s~d existfnq 2iesri~a~a receiviriq ~Q:ver trafnfng are
, tol,d haw and whsrs tc obtain t!s• s~gns.
~fnally, ad you ~ay ba arrAre, :hs Dap~rtment has hsd to
t~mgorar~Zy sUSpind a major portion a~ it~ anforce~sent progra~rt to
~ d~al wiCh a~ ~rfticdliy bac~Zoqged 2scensins groqrem. As a
cor~afquence, comp~lar.ce inspe~tfo:~s have ba~n auspcndad until
such ti~e• an the licanninq progrn~ is stabiliz~d. A~ zh~ poin~
tihat our •ntorcemar.t capabil~tias are r~stvr~~, w• wii:
incorporate Proposition 6S ec~:pliance qu~stions as part of th~
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Ch~ak sh~~ts us*d in conneetion with pr~mises in4p~c~ion
sntoresmsnt visits. our Los 1-ngeles county district otfiaas wi11
hoC~ly Yaur at.:c= o[ ~ictnsaes w1~o ere taund in non-con~p3lttncs
a~ a rsault c! thas~ pramises inspectione.
I appr~ciat• your ~uggestions en~ l~oga ths me~surss outlin~d
abovs wiii bs ot ao~i~tsric4.
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.-~' ~` NEW .089~fi DUI* CHARTS
~•. , DRiNKiNG UMDER 21 YEARS 4F AGE IS ILLEGAL
There is no sa#e way ~a drive after ~rinking. Even one dri~l~ can make yau an
unsa#e driver. Drinking affects yaur BLOOD ALCOHOL CONCENTRAT~DN (BAC}.
illegal to drive with a BAC of .0$°r6 (.D49'c if you have a cammercia~ driver
l~nse). Even a BAC below .0$96 does not mean that it is safe or legal to ~rive.
~he cf~arts sh~w the BAC Yanes #or varEaus numbe~s of dri~tks and time periods.
HOW TO USE THESE CHAR~S: Find the chart that inclades your weight. I.nak
at the tota~ ~umber af drinks yau have had and compare that to the time shawn.
You can q~ickly tell if you are at risk of being arrested.'" If yaur BAC level is in the
grey zone, your chances af ~aving an acc~dent are 5 times higherthan i# yau had
no drin~s, and 25 t~mes higher if yaur BAC levei falls into the ~lack zone.
*UC 23152, YC 23153, YC Z3140 DUI/Dnving under the influence of alcahol and/or dru¢s.
~
Prepared ~y DMY in cooperation with the ~HP, Ofiice of traffic
Safety, pepar~ment of Alcohol an~ Drug Programs ar~d
Oepartment of Justice
REMEMBER: "Qne dr+nk" is a l2-ounce beer, ar a 4-ounce glass of w~ne, or a
11/~-ounce shot of 80-proof liquar (even if it`s mixed with non-alco~olic dri~ks).
If you have larger or stranger tlrinks, or dr~nk an a~ empty stomac~, yau can be
UNSA~~ WITH ~EYY~R DRINKS. Also you can be unsafe with fewer drinks i# you
are tired~ sick, upset, or have taken medicines or drugs.
T~CHNICAL HO~E: ~hese charts are «tended ta be guEdes and are not legal
evidence of the actua~ b~aod alcohol cancentration. Altl~nug~ it is poss~ble for
anyor~e to exceed the des~gnated lim~ts, the charts have been constr~cted sa that
fewer thar~ 5 per~on~ in ~a0 wEll excee~ these Gmits when drinking the stated
amaunts on an empty stomach. Ac#uaf values can vary by body type, sex, health
stat~s, and other factors.
SHA~IMGS IN THE CHAR~S l~BOVE MEAN;
^(.0~°~&-.04°Jb) May be DUI ~(.059b-.0796} Liket~ DUI -DEF7NlTE[l~ DU! lf UNDER 18 !'RS~ DiD ^(.08~ Up) Definitety DUI pl 606 (REY 119~
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To: Suzanne Frick and Douglas Kim
P~anners: Santa Monica Pier Restoration Project
~ctober 29, 1990
Fram: Stephanie Barbanell
16 Seaview Terrace
Santa Monica, California 9040~
Re: Additional Input for Public Scaping of EIR for Pier
Restoration Project
~ X~M~ ~rt' 3, p. i Gu~~~~
~ .
Furth~r Issues fvr the Pier Restoration EIR Scoping Session.
The canditional use permits for the nine proposed alcohol
autlets of the Santa Manica Pier u-ust not be satzdwiched into
the EIR approval Process.
Separate hearings and the appropriate notification for each
and every CUP for alcoho3 on the Pier must be conducted.
The methadology devised by the planning department in
establishing their findings for A~cohol CUP's must inc~ude a
crime statistic analysis af crime reporting district or Beat
2 and its 3 sub-beats. This needs to be the case in order ta
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
taward undue-concentration should be se~f-evident in the
granting of land use permits and alcohol licenses.
Input fro~n lifeguards, police, paramedics, Santa Monica and
St. John~s HQSpital Emergency Physicians, Clare Foundation,
Santa Monica High School Administrators and the Superintendent
af the Santa Monica, Maiibu 5chool District (The Pier is with
3~0~0 feet of the Sa~ta Monica High Schoo~) must be solicited
in order ta adequately assess impacts of increased alcohal
availability at the pier an the surrounding neighborhood and
community at large that is in cens~s tract 7019 wh~re the Pier
is located. Census tract 7019 eurrently is an area of undue-
concentratic~n as defi~ed by the California Alcohol Beverage
Control department because it contains 1Q2+ alcahol outlets
and cantains 183$ above the average amount of crime that is
found in the other crime reporting districts citywide.
Please offer an expianation of why the proposed family
restaurant required any a~cohol license let alone a fuli
distilled spirits, type 47 license. Alcohai in a family
restaurant promotes the possibility of drinkinq and driving
and puts child pass~r~g~rs at risk. The practiee runs contrary
to the health, safety and we~fare of children.
Presumably the "Fun Zane" ]ocated on the Pier is designed to
include children and teens who are beiaw the drinking and
driving age. The proposed Fun Zane is surrounded by four
L-~C~-} t f31T 3~~•~~ G u ~ 4 5
. ~
alcohol outlets and the possibility of nir-e plus proposed
additional aut3ets. This is co~nter to the California State
Attorney General's goals of creating DRUG FREE ZONES as
outlined ir the enclosed materials {once again consider the
Pier's proximity to the high school). The city must role-
~odel the concept of fun without drugs; to do atherwise is to
be entire].y socia3ly irresponsible. There is no public
necessity to drink alcoholic beveraqes!
Economic benefits derived fram the tax revenues col~ected in
alcohol sales are overwhelmingly over-shadowed by the alcohol
related service cost to the commt~nity.
Public convenience is more than satisfied by the 102+ alcahol
out].ets that a].ready exist in the ,6 mile are known as census
tract 70~9. The Pier is located in census tract 7019, as I
have already mentioned, and the ABC Department recommended
number of fln-sale outlets for the entire area is three.
20,400 drinkers can currently be accommodated by those
outlets.* How many peaple does tha City of Santa Monica
P~anning Staff and EIR consuZtants think shou~d be drinking
and driving? How wi11 you advise the Planninq commission?
How will you measure the negative impacts of the potential
drinking and driving that will result from inereased alcohol
availability on the Pier?
Finally, it is illegal by Santa Manica's municipal code ta
drink alcoholic beverages on the beach in Santa Manica. Why
is it leqal to drink alcohol above the beach? People who go
into the water and have been drinking alcoho3 increase their
risk af drowning. Parents who have been drink~ng have
impaired their judc~ement during a time when they need to be
supervisinq their chi~dren's beach and swimming activities -
placing a greater, yet avoidable, demand on lxfeguards 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 ~mpacts for the purpo~e of the Pier
Restoration prajact to be determined? What means exists to
measurably assess the health risks and negative impacts af the
proposed Pier Restoration Project increases in alcohol
availability on the pub~ic? What measurable, objective
criteria referenced data will be•identified and gathered for
the purpose of the EIR to make'tha~ as'sessment?
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The Civic Center is
Gavernment Agencies,
reflecting the values
~
=rrraonvcTiox
l~u~Jst ~~ 1 '~ ~ J
the seat of Local, County~ and State
It should serve as a rale-model area
and priorities of our community.
BACKGRODND STATEMENT
1984: Residents of Seaview Terrace formed a Neighborhood
Watch under the guidarioe of the Santa Monica
Police.
1985-199~: To date, 100$ of the praperties on Seaview Terrace
have been robbed or burglarized. Many res~dents
have had multiple burqlar~es and robberies '~a~
snite af an active Ne~ghbarhaad Watch because
there is no police patrol of the private easement
and inadequate deterrence of crime in the area.
I989: Resident/Homeowners af Seaview Terrace was farmed
to become more knowledgable and protective of our
riqhts given the impacts of the tremer~dous amount
of de~elopment in our immediate vicinity.
199D: I was appointed to the Civic Center Specific Plan
Advisory Committee (CCSPAC) by Mr. John Jalili to
serve as the representative af this Sea~iew
Terrace Group to this cammittee. I and my
neighbars have first- hand experience concernir~g
the davelopment of ovr area -- and the impacts to
the ~ivab~lity o~ our neighborhood.
1991: A resident of Seaview Terrace is killed in an
unsignaled Ocean Avenue cross-walk south of the
Laew's Hote3.
Since the beqinninq of this prOC~55~ my goa~ has
been to assure that th~s adjoining residential
area wauld be protected, preserved, and considered
thrcughaut this CCSPAC procass and that this Civic
Center would remain an area that the entire
c~tizenry of Santa Manica would find as a safer,
cleaner area than it is currently.
-~-
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To that end, I will support any and all efforts to
keep open spaces as they are or support ir~creases
of open qreen spaces -- and wi11 encaurage,
remodeliing and/ar renovatinq of existing spaces -
- as weil as encourage underground development.
With reqard to public welfare and safety, I have
presented alcohal availability findings for census
tract 7109 (which is where the Civic Center is
located) to the Advisory Cammittee and am now re-
submitting these findings for inclusion in the
appendix 6ection of this document along with other
updated alcohol information pertinent to the Civic
Center Area. Aiso included are 2 proposed palicy
requests that were submitted earlier for CCSPAC
cansideration.
-2-
GUJ~~~-
~
~
GENERAL COI~II~iEI~1T8 ~N T8E PLAN' 8 ELEMENTS
FISCAL POLICY AND ]~iPPEHDIS
I. Land Oso Elemeat
Alcohol Outlet Findings and Background:
o No Santa Moniaa City ("City") standard ar
numeri~a3 definition of over-concentration
exists. Howe~er, the finding of "no
aver-concentratian," has routinely been
applied~ for the purposes of approving
Conditional Use Permits ("CUP's") for
a~cahol, since the CUP ordinance for alcahol
was estab~ished in 1985. (See Planning
Commissian deliberations reqarding the CU~
far alcohol for the Boathouse outdoar dining
area, July, 199I).
o There exists no City Standard for determining
allowable distanceS of al~ohol out~ets to
residential areas, schools, parks,
playgraunds or churches. The ABC star,dard
states that ~}Q alcohol outlets shall be
a~lowed within 100 feet af such Zar~d ~sages -
unless the applicant can pra~e
non-interference with the quiet enjoyment of
these properties.
o Based on an ABC data-print- out, dated March
19, 1991, approximateiy 181 of the ex~sting
324 alcohol outlets in Santa Monica have
received their Alcohol Severage Sales
licenses since ~985. This means that
approximately 181 CUP~s for a~cohal, a pre-
requisite to obtaining the ABG licenses, wQre
issued by the City since 1985 when the CUP
for alcahol ordinance came into effect. The
Alcaho! CUP ardinance was established in 1985
in recoqnitian of the over-cancentration of
alcohol autlets that existed at that time.
o Only 3 off-sale CUP's and 1 on-sa~e CUP for
a~cohal have ever beex~ denisd since 1985, and
the 18~ alcohol autlets that have received
their alcohol CUP's have done so, in the
-3-
Gti~1~:~
. ~
absence of a City numerical standard vr
definition of whnt constitutes o~er-
cancentration. (See Santa Monica City
Ordnance for Alcohol Out3ets, Subchapter 5J,
Section 9049.1, p. 340-141).
o According to the Caltfornia Alcohol Beverage
Cantrol Department ("ABC"), undue-
concentra~tion of alcohol autlets exists in
Census Tr~ct 7flt'~, in wh~ch the Civic Center
is lvcated. (See Administrative Law Judge,
Richard Ranger's Decision in Barbanell vs.
Hyatt Carp~ration, December, ~990.)
o ABC def ines undus-concentration as a proli-
feratian ot alcohol outlets in a census tract
area, whose erime reporting district, or
beat, has 20$ above the average amount of
crime ns compared with other crime reparting
districts ci~ywide. (Business and Frofes-
sional Code, Secticn 23958, Rule 6~.3,
Undue-Concentration, p. 24.6.)
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LETTER D
To: Santa Kanica Planning 6teff
Planninq Commission
City Courcil '
From: 8tephanfe Barbanall
16 seaview Terrace
Santa Konica, Calitornia 9o40i
Re: Draft E~R Santa ~Ionica
Pier Redeva~opaQnt Project
tntroduction
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D-1
lls a n~iqhbor o! tha 8anta Konica Pier I a~ in lavor of its
rsstoration, pr~sorvation, and intsrior r~~odalling .' I aa in favor
of providinq sa~a, heaithy and progortionats publ~c •c:c~sa to the
beach and ~ts attraction~, for ail. I u in lavor o! r~ducing cri~ae
in Baat II in tihich tha santa Konica Pi~r fs lacsted, lros being
thn hiqhest cri~ae sraa oi the city. I aa in favor of reducing the
anviromaenta2 fapacta oi the axc~ssi~~ alcoAol ~vailability and
undva-concantration of a~cohol vutl~ts that avrr~ntiy ~xi:ts in
census tract 7039 in ~fiich tha pi~r is locat~d and r~ucinq the
rasultant alcoho~ raiat~d problams,by lorbidding an~-Mr C[1P~s !or
alcohol on tha Pi~r and by r~duc3.r~,~y attr3tio~, t~a sxfst#nq
alcohol outlets on the Pier. I a~ in ~avor of tb~ citp ot Banta
Honiea qoinq out o! th• bart~ndirq busi~ness on citY-avnad property
ebova tha Santa Konica 8sach bscans~ it ~s aqait~st aunicipal cade
tv drtnk aicohol an th~ baach. ~u~blie convanlancs rill b~ sore
t3~an ad~quat~~y served by th~ rs~ainirg ~7 aloohoi auti~ts in the
,.6 0~ a~ii• ar~a sunoundiny ths Pfar.
I a~a oppvs~d to any ~nd ali Pi~r sxpan~ion or int~n~ifieation o~
Pi~r usaqs. I questior #hs cr~dibility of e city tbat ~ould omit
ass~ntiel nsiqhborhood input t.bat i-as sub~ittsd in ~ ti~~ly aanner
D-2 and that ras ~ummnrily ignor~cl, as avidsnc~d that input's
c d
•xclusion lro~ this draft S~R. ~t'a ozission ta the public
procass.
~~Kr~~T L,P~9•~
C~u1~i
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1984: R~sidents o! Seaviaw Terracs lor~ a
Heighborhood i~atch und~r th~ qvidanc~ o!
tha Santa lsonica Polic~.
1985-1991; To data~ 140~ a! ths propsrtias on Saaview Terracs
hav~ Iarsn robb~d ar burqisri~~d -(ths aost recent,
3 veeks aqo - Octob~r, i991j. X~r~y residents hava
had aultipl• burqlari~s and ro~b~ri~s despite an
activa nsiqtsberhood aatch beceus• thars i^ no
polic~ patrol of ttif~ privat~ easemant~ S~avfer~
Terraca, and•inaQ~quat~ d~t~rr~nc~ o! criaa in tho
araa. . ~.,,. ;a
i989: Ree~idsrft/Honeown~rs ot Seavier T~rrac~ ras
loraed to b~coaa aor~ kno~rl~dqsabl• and
prot~ctiv~ of aur rigbts, qfvsn th~ iapacts
o! tri~ treaandoua a~our-t o! dev~lop~~rt
in our t~madiat~ vicinity.
1Karch 1, 1989: This niiqhborhood ^iqn~d an an.notat~d Initial study
atyd N~ighborhood Iagact Study Stateasnt !or th~
DEIR of th~ propos~d Ocaan 7lvsnu~ Plaza Project
located at tha corn~r o! Oc~an 7lvenur and Pico
HouZ~vard. ' ~
~ugust, i9s9: Th~ n~fqhborbood siqn~ annvtatad Initial
St~sdyi- '• ar~ Neiqhbor~ood 7.~pact -•' "- 5 tatemeret
is o~ritted ~ro~ ths DBIR ot that pro j act. though
subsitted ih a tiuly a~,nn~r.
~~ 71uq. 24, 1990: I subait a l~ttsr to Pfar Dev~lopsart Assiatant
Plannir. Douq ~ ~ =~qardinq ~y olaj~ions to
plans iorkincr~as~d alc~ol availability on tha
- pfit. ntflisinq alcohol Cl7P assessatnt languaq~.
11uq. ~7, 199ot I subait ar annatat~d Initial Btudy and
• H~iqhborhood Zapact Stataaant !or purposs, of
inciusion in th~ DSIR for Pf~r Davilopiant~in a
ti~~ly ~ann~r.
oct. 2, 2990s City CoclnaiZ autiroria~s proparatfon o! Pisr
Dsv~lop~ant EIR,
Oct. 25, ~990s 2 oftsr a r~p~at o! ~y annotatsd =niti~l Stud~ and
l~tlghborhood I~paet 8tat~aant. Z*y~s" iapacts
raaain !or ~ntirs pro~~ct - Nons o! tb~ *y~t, no's
or aayb~'s• ars chanqad or~ th~ Initial Study and
N~iqhborhood I~-pact Sta-t~ant. Additiona3ly, I
subait criar statistics and 11~C Dapartment
inlor~ation and l~ttsr !r~ CL~iRB Foundation in `)
support ot no sar~ alcohol outl~ts in censu~ tract
~oig in Which th~ ~f~~ is locatad.
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To:
~rom:
Datt:
Hanorable Plar-ning Commission
Steghnni• 8arbana~l
ilastside 7~lcohol policy Chair
October ~3, 1991
Ra: Santa lrionica pier Alcohol Fo3lcy - Itei SC
Tha city-orrned Santa lionica pier is locat~d in th~ hfghest crime
araa of tha city and is in an arsa o! axtr~se undue-concentratfon
of alcohol outlats as de~~nad by the ~tat~ alcohol beverage
control departaent. (8~a factual data pack~ts}
By adoptinq the lollowinq aicohol policy for tbe city-owned piar,
Santa Konica has the opportunity to pravid~ a aod~l slcoho~ and
othar druq lrea laafly snvironaant rhich rill pr~oaot: tb~ public ~
baalth, safsty and vsitar~ o! not anly its ~itiser~s~ but the
qrovinq raqion~-1 and intarnational visitor popu3ation to our city
as rrell,
1) Is~ua no new alcohal tQP'a on tt~~ city-ownad
Pi~r.
2) Reduce~ ~y attrition~ ai~ ~acistinq aicohol servfnq
and s~ilinq outi~ts on tb~ Pi~r.
In so doing. th~ Cfty o! Banta Konfca ~rill b~ s~ndinq this very
ci~ar i~ssaqa: "
'~ 1ia rill craate a]cohol ~nd athsr druq ~r~~ ~aafly
~ntertain~ent ~nviron~ants an efty-o~w~ned land, tharefor~,
rs ars qaing out o! th~ bartsndinq businass.
Th• aicohal policias pro~ot.~d ~i tri~ PRC ara aara~y a
list o! c~nditions and aa such sbould bs disaissa~
b~cau~e reo a=ount oi conditions riii serv~ to raducs the
a~ctraa~ ur~du~-conc~ntration that pra-ixists in t.t~e ar~a.
Enloro~a~nt o! thos• conditions ar~ unviabl• bacaus~ o~
t?ia drastic euts in 118C anlorc~a~nt personnal and rfil
only servt to lurth~r b~urdar~ ths Santa l~ionica Polic.~ xith
~nlorcazent r~aponsibiliti~s in th~ high~~t orfa~ ar~a
o! th~ city irhich, fts turn, ~fii rssuit in isaving ath~r
parts of th~ city ror~ undar-protect~d than they are,
curr~nt3y.
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Safety Issues and The Proposed Parking Structure
The proposed parkinq structure will exacerbate the parking lot
vandalism, graffiti and pub~ic urination, defecatian and other
anti-social behavior that currently plagUes the neighborhoad beach
lots in the vicinity of the Santa Monica Pier. Gang and drug
dealing prablems also occur in existing beach parking facilities
north and south af the Fier and north of Pico. The beach lots are
not patrol~ed on a constant 24 hour basis and are currently a
palice problem. only 24 hour guards at the praposed struct~re wi~l
passibly mitigate the potential crime impacts the structure will
pose. See comments of EIR for Hyatt Hote1. See Santa Manica crime
stats.
Traffic Impacts
The traffic study needs to factor in the foilowing:
1) weekend traffic*
2) special events*
3) hot weather*
4) summertime*
*Caunts should be taken in the summer, on weekends with and
without special events gainq on at the Pier.
The cumulative effe~ts that all the hotel development traffic will
praduee and the Civic Center Speci~ic Plan EIR speculates will
occur because of that develapment, should be analyzed.
I include a video of the Cinco de MayQ Festival which shows:
1) Bike path dangerously Ioaded with pedestrians (traffi~
and circulation patterns should ba studied and counts
~~r~ ~B~'T: 3 ~~y u~~~~4
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August 15, 1992
Rabert Myers
City Attornep
City of Santa Monica
Box 220D
Santa Monica, CA 904C36
Dear Ci~y Attarney ~yers:
~T~~~~ ~ ~~ ~
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This is a formal citizens complaint tihat the Sar~ta i~Ionica
Plannins Staff and the Planning Cammiss2or~ cons~.stently
violate portions of City Ordin~nce Su~chapter 5~7. Aico}~ol
Qut?ets. Section 90~+9. Request that your offace investigate
tllese violat~Qns by revei»ing the Planning Dcpartment S~a~S
Reports on Cfond~tzonal Use Perr~~t Applicatzons 92-D26 an~
~J2-02S s;.hedu~ed to be h~ard by the Flanning Commission this
Wednesdaq August 19th.
The ~etter and intent of SECtion 9~49.3 requires Crat a
Condit~ona~ L'se PErr~it for saie of alcoholic beverages cari
be ~ssued on3.y if the follo~ving findin~s be m~de in a
affsrr~a~i~~e man~er;
{a) The proposed use wz11 nat adverselp affect the welfare
of ne~ghborhood resider,LS in a signi£icant manner.
(b} The ~rogosed use wa1~ not cortribut~ to an ~n~ue
concentration of alcoho~ outl~ts in the area.
(c) The proposed use will not de~riTentallp affect nearby
neighborhoads considering the d~stance of th~ alcohol autle~
to residential beildings, chu~ches, schoals, haspita~s,
playgrounds, parks, and other exi.st~ng alconol outlets.
(d) The proposed us~ is compatible ~rith ~xisting a~d
potentia~ uses within the g~r~eral area.
(e) Traffic and parking congestfon will not reaul~.
(f) The publlc hea~th, safety, and general welfare are
pra~ected.
T~e sta~f reporti on the two above Condit~.ona3. ~se Permit
appli.cations do no~ even address the welfare af neighbarhood
residents~ ~ndue nexghborhood aJ.caho~ concentration, affect
o^ chxldr~n playgrounds, Qarks (public beach), public
hea~th, safety and general welfare. Somehow the plannin~
staff, plannzng commissioners and city co~nc31 members have
drifted into b~lieving that such concerns are nat imgartant
and can be ignored. If the ~it~ wishes ta adopt t~is
negligent viewpoint, they must go,throu~h Lhe process of
cha.ngin~ ~he law ta accoar~odate- ttris Za•x viewgaz~zt.
UUU~.-~
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P~~us~ re~ieu Se~~2on 9L49.1 zf ycur office has any doubts
ar~ Lhe ~rten~ of this 1akT. This s~c~~.on ~1ear~y states a
corcern kath "p~3~lic drunk~ness~ dru:.k dri~ing, traffic
a~cidents, violent crime, ~~ise, and AL115ariC@~~. This section
a~so staCes that "The City of Santa Monica contains an
overconcentration of axGOhol outlets at khich alcohol
be~Terapes are sold on prem~ses". The preparation of this law
in~•olved extensive stvdy af the alcohol availability,
a].colio7. cansur~ptzon and res~l.tant aZcoho~ prabZer~s,
Plannin~ ~o~misszon eecis~o~s do not preempt 5anta Monica
Cit} O:uinance. You once com~ented that if the PZanning
Com~issYOn~rs deci.~es an issue this makes it so. This ~s not
correct as Co~nmissioners and Citp Council Merahers are bound
ta a~~~e by the law as established in City Ordinances as any
oth~r citizen,
R~~~est t~:~t youz~ staxf cr~.ticaZZy revzew ~he twa CL'P
Applicat~on listed abor~ ~nd i~struct the Planning
DeparL.r~ent and ehe P~anair.g Cor~mission or their legal
req~:iremea~s.
S~.ncerely,
~~~ ~~~~~"''~~
Ken Sch4~tl~u
4r'est L9 ~lcohol policy Caalirion
P.O. Box 5235, Saiita Monica 9~409
Tel ~ (310) 3~6-5270
cc : ,iayor i~.en Ge;szer
Czty :`•Ia:~ager John JaliJ.i
Plan~~ng Cammzsxon Cair Mechur
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AT~ACHIVIE~T C
PLANNING COMMI$SION
STATEMENT OF OFFICIAL ACTION
CASE NUMBER: Conditional Use Permit 92-026
Reduced Parkinq Permit 92-002
LOCATION: 25D Santa Monica Pier
APPLICANT: Ash Grove Ent~rprises/City of Santa Monica
CASE PLANNER: Da~id Martin, Associate P~anner
REQUEST: Application for a Conditional Use Permit and
Reduced Parking Permit to allow the issuanca
of a Type-47 alcohoZ license far a 376-seat
cabaret and restaurant.
CEQA STATUS: The project is categorically exempt pursuant
to Class 1(1~) of the City of 5anta Monica
Guidelines for Implementation of CEQA.
PLANNING COMMISSION ACTION
08r26/92 Date,
XX Approved based on the following findings and
sub~ect to the conditions beiow.
Denied.
Other.
EFFECTIVE DATES OF ACTIONS IF N~T APPEALED:
09110f92 Case ~CUP 92-026
03/I0~92 Case #RPP 92-002
L'Y~TD~TT/\AT ~am~c n~ a~rv nr~~rmc !"DaTFTL'71.
Q9/10/93 Case #CUP 92-026
09~Z0~93 Case #RPP 92-002
LENGTH OF ANY POSSIBLE EXTENSION ~F EXPIRATION DATES:
Any request far an extension o~ the expiration date must be
received in the Planning and Zoning Division prior ta expiration
of thi~ permit.
3 P~onths Case ~CUP 92-026
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6 Months Case #RPP 92-002
C~NDTTIONAL USE PERMIT FINDINGS
1. The praposed use is one conditionally permitted within the
subject district and complies with all of the applicable
provisions of ~he "City of Santa Monica Comprehensiv~ Land
Use and Zoning Ordinance", in that an aicohal license in
conjunction with a restaurant and entertainment use in
canditionally permitted in the RVC District.
2. The proposed use would nat impair the irxtegri.ty and
character of the district in k7hich it is to be established
or lacatad, in that the alcohol license wi~l b~ 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 af
land use being proposed, in that the alcahol license will
be used in conjunction with a restaurant and entertainment
us~ located on the Santa Monica Pier platform, which is
suitable and intended for such a use.
4. The propQSed use is compatible with any of the land uses
presently an 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 facilitiea as shops, res-
taurants and services,
5. The prop~sed usa would be compatible with existing and
permissible ~and uses within the district and the general
area in wha.ch the proposed use is to be lacated, in that
the cabaret/rastaurant will be located in the Residential-
Visitor Commercial Distr~ct, which allaws restaurant and
entertainment uses and conditionally permits alcohol
outlets.
6. There are adequate provisions far water, sanitation, and
public utilities and services to ensure that the proposed
use wauld not be detrimental to public health and safety,
in that the site is located in an urbanized area, ade-
qua~ely served by exis~ing infrastructure.
7. Public access to the praposed use will be adequate, in
that the existing access ta the Pier is adequate to serve
the praposed use.
8. The physical location ar placement of the use an the site
is compatible with and relates harmoniously ta the sur--
- rounding neighborhaod, in that the restaurant and enter-
tainment use wil~ be located in an existing bui~ding, and
ad j acent uses will not be adversely impacted by the pro--
posed use.
C1VU~~t
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9. The praposed use is consis~ent with the goals, objectives,
and policies of the Gen~ral Plan, in that the project is
located in the Oceanfront District, which encaurages visi-
tor-sex~ving entertainment uses.
10. The proposed use would not be detrimental to the public
interest, health, safety, convenience, ar general welfare,
in that the use is consistent with the Zoning ardinance
and the Land use Element of the General Plan.
I~. The propQSed 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 Zaning Ordinance, in that no performanee standard per-
mit is required.
12. The proposed ~se will not result in an overconcentration
of such uses in the immadiate vicinity, in that the serv-
ing of alcohol from the subject estab~ishm~nt will be an-
cillary to the primary use of the premises, which w~Il be
as a restaurant and entertainmant facility.
ALCOH~L OUTLET FINdINGS
1. The prapased use and lacation are in accordance with good
zaning practice, in the public interest, and necessary
that substantial justiae be done in that the alcohol
license will be for a previausly approved restaurant with
a cabaret.
2. The proposed use will not adversely affect the welfare of
neighborhood residents in a significant manner ~.n that
there are no residents within 500' af the restaurant.
3. The proposed use will not contribute tv an undue
cancentration of alcohol outlets in the area in that the
restaurant is ~ocated on the Santa Monica Pier, which
serves a regional population of aver two million people
per year.
4. The proposed use will not detrimentally affect nearby
neighborhoods considering the distance of the alcahol
outlet to residential buildings, churches, schools,
hospitals, playgrounds, parks, and oth~r existing alcohol
autl.ets in that there are no residential buildings,
G~1~1~'C~1~5~ schaals, or hospitals in the immediate ax~ea,
and the issuance of a Type 47 alcaho~ license which only
allaws on sit~ consumption of alcohol will not
detrimentalZy affect the public beach since it allows
an-site consumption only and in that the conditions for
approval such as the hours of operation, server training
requiraments and limitations on the percentage of alcohol
to gross sa2es that can be sold wi3.l minimize the
potential affect on tha nearest residential uses.
T 3 _ C!U J:7 +
5. The proposed use is campatible 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 nat result from the
praposed use in that the Pier is served by existing
streets and parking is available on the Pier and in the
parking lots adjacent to the Pier.
7. The public health, safety, and general weZfare are
protected in that the project is cansi.stent with the
provisions of the Zoning Ordinance and the Land Use
Element of the General Plan.
8. No harm ta adjacent prope~ties will result in that the
conditi~ns of approval will ansure that the establishment
operat~s as a bona fide restaurant with a cabaret.
9. The proposed use is cansistent with the abjectivas of the
General Plan in that the Land Use El.~ment of the General
P~an designates the area as the Ocean Front District, and
encourages uses that serve visitars and residents.
REDUCED PARK~NG PERMIT FINDINGS
~. A sufficient number of spaces are prvvided ta meet the
greater parking demand of the participating uses in that
the shared parking analysis contained in the Pier
Development project ETR coneludes 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. Satisfactary evidence has been submit~ed 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 canflict between them in that
the shared parking arrang~ment was ana~yzed in the Pier
Projact EIR. and this anaiysis indicated there would be
sufficient parking spaces available.
ALCOHOL OUTLET COND~TIONS
1. The premises shall maintain a kitchen ~r food-serving area
in whi.ch a variety of f~nd is pr~pared and caakad on tha
premises.
2. The premise~ shall serv~ food to patrons during all haurs
the establishment is open for custamers.
3. Seating arrangements for sit-down patrans shall not exceed
376 seats.
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4. Take out s~rvice shall be only incidental to the primary
sit-down use.
5. No a].coholic beverage shall be sold far consumption beyond
the premises.
5. The primary use of the outdoor dining area shall be for
seated meals s~rvice, Patrons who are standing in the
~utdo~r seating area shall nat be served except during
private parties when the general public is not admitted.
7. The outdoor patios must b~ adequately secured to prohibit
contact with non-patrons, and doar security must be
prov~ded 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. Alcoho~ 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
said in a distinct cup. Alcohol shall not be served at
walk-up counters in cans or batt~es.
10. Na m~re than three video ar other amusement gamea shall be
permitted on the premises.
11. Within thirty (30) days from date of appraval (if
approved) the applicant sha11 provide a copy of the
Statement of Dfficial Action for this approval to the
ioCai office of the State Alcaholic Beverage Control
department.
12. This permit sh~ll expire one year fram the effective date
af approval unless required ABC permits are obtained. One
ninety (9~) day extension of the one year period may be
permi~ted if approved by the Director of Planning.
Applicant is on notice that an extension may not be
granted if developrnent standards relevant to the projeat
have changed since project approval.
13. Applicant is on notice that all te~porary signage is
subject to the restrictions of the City sign ordinance.
14. Any new restaurant at the site with greater than 50 seats
is required to install an interceptor with ].OpO gallons
mini~um holding capacity. The General Services Depa~tment
may modify the above reqezirements only for good cause.
Specifical~y, the facility must demonstrate ta the satis-
faction of the Industrial waste Section and Builda,ng and
Safety Division that interceptor installatian is not
feasible at the site in question.
~ilirtb~
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15. No expansion ~n number of seats, intensity of operation,
ar outdoor areas shall oecur without prior approval from
the City of Santa Monica and State ABC.
16. Prior to issuance Qf a business license, a security plan
shall. be submitted to the Chief of Palice for review and
appraval. The plan sha1Z address bQth physical and
aperationa~ security issues.
17. Priar to issuance af 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's palicies addressing alcohal con~~mption and
inebriatian. The operator shall proyide City with an
annual compliance report regarding complianee with this
condition. This project shall be s~bject to any future
City--wide alaohol awareness training pragram condition
affecting similar establishm~nts. The plan shall also set
forth a"designated driver" proqram, which shall be
offered by the operator of the establishment to patrons.
18. Final plans for any changes to exterior design,
land~caping, trash enclasures, and/or signage shall be
subject ta reviEw and approval by the Landmarks
Com~nission.
19. Minor amendments to the plans shail be subject to appraval
by the Director of Planning. An increase of more than ~0~
af the square footage ar a significant change in the
apprdved concept shall be subject to Planning Commission
Review. Canstructian shal~ be in substantial conformance
wi~h the plans submitted ar as ~odified by the Plar~ning
Commission, Architectural Review Board, or Diractor of
Planning.
20. The applicant shall comply with all ~.egal requirements
regarding provisions for ~he disabled, including those set
forth in the California Administrative Code, Title 24,
Part 2.
21. R~fuse areas, storage areas, and mechariical equipment
shall be screened in accordance with Sec. 9127J.2-4
(SN~IC) . Refuse areas sha11 be o~ a size adeqexate to meet
on-site need.
22. The operation shall at al~ times be conducted in a manner
not detrimental to surraunding properties or residents by
reasan of lights, naise, activities, parking, or other
actians.
23. For any minimum purchase per patran, the estab~ish~ent
shall permit the min9.mum to be satisfied wi~h the pt~rchase
of foad, as well as alcQholic and non-alcohalic he~erages.
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,, ~,, L
24.
VOTE
A queuing plan for the facility shall be approved by the
Pier Restoration Corporation Director prior to the
issuance of Certificate af ~ccupancy.
Ayes: Morales,
Nays: Polhemus
Abstain: Pyne
Absent: Gilpin
NOTICE
~'GOnnor, Mechur, Rosenstein
If ~his is a final decision not subject
the City oF Santa Monica Comprehensive
dinance, the time within which judicial
must be sought is governed by Code of
I094.&, which pravision has been adopted
Municipal Code Section 1400.
to further appeal under
Land Use and Zoning or-
review of this decision
Civil Procedure Section
by the City purs~an~ to
I hereby certify that ~his Statement of Official Actian accurate-
ly reflects the final datermination of the Planning Commission of
the City of Santa Moniaa.
I h~reby
acknowledge
canstitute
appra~al.
PC/OA9226
DM
signature date
Ralph Mechur{ Chairperson
PZease Print Name and Title
agree tn the abave canditions a€ appraval and
that failure to comply with such conc~itions shall
grounds for potential revoaation of the permit
Applicant's Signature
Print Name and Title
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