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SR-12-A (31) e ,/eJ-Z-CttJS e / 2 -II NOV 12 I. Callfornla . C/ED:PC:SG:nh Caunell Mtg; Santa Mon~ca, Novewber 12, 1985 TO: Mayor and Clty Councll FROM: City Staff SUBJECT: Appeal of Planning Commisslon DeC1Slon to Deny Condl- tlonal Use Permit 389 to Permit the Sale of AlcohollC Beverages at an Ex~stlng Pharmacy/Market at 1402 Santa Mon1ca Mall. AppllcantjAppellant: Ethical Drugs. INTRODUCTION ThlS 18 an appeal of the Plannlng Comnllssion deCl.S10n to deny Condltlonal Use Permlt 389 to perml.t the sale of alcohollC beverages for consumpt~on off the premises. The appllcant pres- ently operates an exist~ng pharmacy/conven1ence store at the southwest corner of Santa Monica Boulevard and the Santa Monlca Mall. The Plannlng COnuTI1SSlon denied the appllcat~on to perm~ t the sale of alcoho11c beverages at the pharmacy based on the f1nd1ngs noted ln the Statement of Off1clal Action (Attachment A). In that the actlon of the Plann1ng CommlSS10n 18 conslstent w2th the provls1ons of Ord2nance 1319, staff recommends that the decis10n of the Plannlng CommlsSlon be aff~rmed and the appeal be denled. BACKGROUND Ethlcal Drugs 15 located at the corner of the mall and Santa Non1.ca Boulevard. The two story bUlldlng houses Eth1cal Drugs / ~ -A- - 1 - NJ'! 1 2 1985 e e (formerly Beach Drugs) on the flrst level and a dentlst off~ce on the second level. No parklng 1S provlded at the site. Ethical Drugs presently retalls prescriptlon drugs, food, and convenlence goods. The present hours of operatlon are 7:00 a.m. ta 7:00 p.m. Monday through Frlday, 8:00 a.m. to 6:00 p.m. Satur- day, and 10:00 a.m. to 6:00 p.m. on Sunday. The slte lS surrounded by other general retall shops, a bank and the Mayfalr Theatre on Santa Monica Boulevard. Zoning ln the area 15 C3-General Commercial. There are no synagogues, hospltals, play grounds, pdrks or schools withln 500 feet of the proJect. One church does eXlst at 204 Santa Monica Boulevard (Vineyard Chrlstlan fellowshlp), Wlthln 300 feet of the site, there eXlsts 10 alcohol licenses WhlCh allow wlth food only on-slte consumption of alcohol. Withln 500 feet of the Slte there eX1sts an additional 12 llcen- ses for alcohol sales associated wlth restaurants, a bar and a prlvate club. Addltlonal informatlon is avallable ln the staff report to the Plannlng CornmlSSlon (Attachment B). The appllcant currently has no llcense to sell alcoholic beverages. The appllcant proposes to sell beer, wine and general splrlts for off-slte consurnptlon by provldlng shelf space ln thelr eXlstlng beverage cooler and slxteen feet of shelf space wlthln the public retall area. The proposed alcohol display areas would not require any inter lOr remodeling of the space nor - 2 - e e would it be Vl slble from the exterlor. No exterlor Slgnage ad- vertlsing alcohol is proposed. ANALYSIS The Clty has been concerned wlth the proliferatlon of alcohol outlets 1n the Clty and has taken two act~ons to limlt the ad- ver se lmpacts assoclated Wl th alcohol outlets. The concern was addressed in the Land Use Element in POllCY 1.2.4 which states that the C1ty wlll: Llffilt the number or control the locatlon or otherWlse mitl- gate the lffipact of commerClal uses such as alcohol out- lets. . . in those areas where an overconcentratlon of the use would have, or the operatlon of such uses mlght have, an ad- verse impact on the surroundlng nelghborhood. The C1ty Council adopted Ordlnance l319(CCS) on November 13, 1984 WhlCh establlshes an l.nterlm COndltlonal Use Permit approval pro- cess for new and eXlstlng alcohol serving bUSlnesses until perma- nent controls can be studled and adopted. ThlS requ~res that new establishments that propose to sell alcohollC beverages recelve approval of a Condltlonal Use Permlt. In maklng the flnd1ngs requlred for approval of the Cond1t1onal Use Permit under the provlSlons of Ordinance 13l9(CCS), the Plan- ning Commission, and Clty Councll upon appeal, shall conslder whether the grantlng of a llquor llcense wlll: 1. Adversely affect the welfare of nelghborhood resldents, 2. Contrlbute to an undue concentration of alcohol outlets in the area, and 3. Detrlmentally affect nearby resldentially zoned nelghborhoods consldering the dlstance of the alcohol outlet to resldential - 3 - e e bUl1dlngs, churches, schools, hospltals, playgrounds, parks, and other eXlstlng alcohol outlets. The Plannlng Commlsslon, or City Councl1 on appeal, may grant the Condltlonal Use Permlt subJect to those cond1tlons that may be necessary to ensure that the use: 1. Is compatlble with eXlstlng and potentlal uses Wlthln the general area, 2. That traffic and parking congestlon w111 not result, 3. That the publlC health, safety, and general welfare are protected, 4. That no harm to adJacent propertles will result, and 5. That the obJectlves of the General Plan are secured. During review of the Condltlonal Use Perm1t request, the Planning Commission considered the lmpact off-slte sales of alcohollC beverages would have on the surrounding nelghborhood and espe- clally to the Santa Monlca Mall. The Plannlng Commisslon received public testlrnony from approximately twenty persons con- cerned wlth publlC lnebriation Cltywlde and in particular the Santa Monica Mall. Representatlves fro~ the Chamber of Commerce, (Chamber) Thlrd Street Development Corporation (TSDC) and Mall merchants were present to oppose the Cond~tlonal Use Permlt ( CUP) . (Attachment C are letters Opposltlon from the TSDC and Chamber) Concern was expressed by the Chlef of Police when he stated that he could not support any request for an off-Sl te consumptlon - 4 - e e llquor llcense because of an ongolng problem with public lnebrla- tion on the Mall and wlthln the surroundlng area. Crime statis- tlC lnforrnatlon is lncluded In the staff report to the Planning CommlSSlon Attachment B). The maJority of alcohol outlets ln the area are for the sale of alcohol with food consumption. Recent approvals of these facil- ties by the Plann1ng Commlss1on have restrlcted the sale of al- cohol wlthln the premises to prevent pub11c lnebrlatlon. Condl- tions wh1ch have been lmposed to control publlC inebr1atlon in- clude that there be no public bar, that there be no lndependent sales of alcohol without food, that there be no off-sale of al- chol, and that hours of serv1ng alcohol are restrlcted. The ap- p11cam.. did pledge to cont1nue to work co-operatively wlth the PolJ..ce department to dl scourage publlC inebr .l.atlon, but the ap- plicant has no legal authorlty to control the consurnptlon of the alcohol they sell once buyers have left the store. ThJ..s lack of control dlffers from that of restaurant uses WhlCh can rnonltor consumptJ..on on the premlses and have an J..ncentlve to d1scourage 1nebr1atlon because of the negat1ve .l.mpreSS10n it can convey to other dlDers. Lastly, conslderatJ..on was also glven to the fact that the appll- cant's request was 1n an area where populatlon denslty was lower than other areas where the PlannJ..ng Commislon had granted CUP's for alcohol llcenses. In the consJ..deratlon, the Plannlng Comm1s- S10n realJ..zed that the applicant's locatlon lS In an urban area Wh1Ch would have a lower residentJ..al population but higher day- time and early-evening bUSlness population. - 5 - e e CITY COUNCIL AUTHORITY Under the prov1s1ons of Ordlnance 1319(CCS), the Clty Council may afflrm, reverse or modlfy any determlnatlon of the Planning Com- miss.l.on In regard to a alcohol l.l.cense CUP and the deC1S.l.on of the Clty Councll shall be flnal. In approvlng an appllcation the COInmlSS.l.On or Councll on appeal must make approprlate flndlngs and may add condltlons necessary to protect the publlC welfare. BUDGET/FISCAL IMPACT The recommendations presented In this report do not have a budget/fiscal impact. RECOMMENDATION Staff respectfully recommends that the City Counc11 deny the ap- peal and afflrm the decision of the Planning Commiss1on adopting the flnd1ngs and condl tlons conta1ned ln the August 5, 1985 Statement of Offic.l.aI Action Sheet (Attachment A). Prepared by: Suzanne Frick, Acting Prlnclpal Planner Steve Graham, Asslstant Planner City Plannlng Divlslon Communlty and EconOffilC Development Department Attachments: A. B. C. D. E. Statement of OfflClal Actlon Staff report to July 15, 1985 Planning CommlSSlon meetlng Letters of Opposlt10n from TSDC and Chamber Letter of Appeal Legal PubllC Notlce CC37 - 6 - 1 &, ... ~ . . ~.... ~. ~"'I:,~""'""""~"",,,~ re (. STATE~ENT OF OFFICIAL ACTION PROJECT. NUMBER: C.D.P. 389 LOCATION: 1402 Santa ~onlca Mall APPLICANT: Ethlcal Drugs REQUEST: Applicant requests a Cond~tional Use Perrn~t to allow the sale of general spir1ts to be consumed off the premises. PLANNING COM~ISSION ACTION: 8-5-85 Date. Approved based on the following flnd1ngs and subject to the cond1tions below. x Den1ed. Other. FINDINGS: 1. The welfare of exist1ng and future neighborhood reS1dents could be adversely affected by the addltlonal ava11ab1lity of alcohol to publlC lnebriates who already concentrate in the Santa Mon1ca ~all and ltS ad]Oln1ng alleys. ThlS re- duced popularity of the Mall would further endanger the safety or pedestrlans walking alone and reduce the cow~er- clal attractlveness of eX1stlng retall stores. Potent1al trafflC hazards could also endanger resldents and Vls1tors to the area. 2. The establlshment of another alcohol outlet in thlS area wlth off-prernlses sales would further contribute to an eXlst1ng overconcentratlon of alcohol outlets beyond the rat10s approved by the Plann1ng Commlss1on 1n other areas of the C1ty WhlCh do not d1splay problems of publlC inebr1ation. 3. The granting of the CUP would not detrlrnentally affect nearby resldentlally zoned nelghborhoods, churches or schools, but would compromlse efforts to revitallze a publlC faClllty (Santa ~on1ca Mall) WhlCh is important to the City as an example of lts efforts to create a safe pedestrl.an-Orlented downtown buslness/retal1 center. - 1 - r. oO .. .. ~ . ~ SG:nh STCUP389 (e . C2.6'\ \'\/i 5 - 2 - 1ST 11'person Planning CommlSS10n Clty of Santa ~onlca ... ce p."",~~~, ~ (e IA- 11w.J PLANNING AND ZONING DIVISION COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT M E M 0 RAN DUM DATE: June 5, 1985 TO: The Honorable Plannlng Commission FROM: Paul J. Silvern, Dlrector of Plann1ng SUBJECT: C.U.P. 389, 1402 Santa Mon1ca Mall, C3. To Permit the Sale of Off-Sale Beer, Wlne and Liquor at an Existlng Pharmacy/Market. Appllcant: Rockl1n Enterprises Inc. Summary. The proposal to allow the sale of general spirits which wll1 be consumed off the premlses requlres a Condltlonal Use Per- rnlt under the provislons of Ordlnance 1319 (CCS) for all new or changed alcohol outlets. Staff recommends denial of the Conditional Use Permit. Existing Conditions. Ethlcal Drugs is located at 1402 Santa Monica Mall. The locatlon is at the mld-sectlon of the mall at Santa Monica Boulevard. The two story bUlldlng houses Ethical Drugs (Beach Drugs) on the flrst level and a dentist offlce on the second level. Tenants of the buildlng on Santa Monica Boulevard include a shoe store, tal10r, vldeo shop and take-out restaurant. No parklng lS provlded at the slte. Ethlcal Drugs presently sells prescrlpt10n drugs, food, and con- venlence goods. The store contalns approxlmately 3200 square feet of publlC space. Approxlmately 3800 square feet is used for offlce and storage use on the flrst level and 1n the bUlld1ng's basement. The present hours of operatlon are 7 a.m. to 7 p.m. Monday through Frlday, 8 a.m. to 6 p.m. Saturday, and 10 a.m. to 6 p.m. on Sunday. SlX employees are on the premlses at the peak hours of operatlon. The slte is surrounded by other general retall shops, a bank and the MayfaJ.r Theatre on Santa Mon1ca Boulevard. Zoning in the area 1S C3-General CommerC1al. There are no synagogues, hospltals, play grounds, parks or schools wlthln 500 feet of the proJect. One church does eXlst at 204 Santa Monlca Boulevard (Vlneyard Chrlstian Fellowshlp). Withln 300 feet of the slte, there exist 10 alcohol licenses. Elght of these are on-sale beer and Wlne for Bona Flde Publ1C Eatlng Place llcenses WhlCh allow the sale of beer and 'wine for consumptlon on the prem~ses where food is sold. The other two llcenses are on-sale general for Bona Flde Public Eatlng Place WhlCh allow the sale of general splrlts for consumptlon on the premlses where food lS sold. The nearest outlet ~s at 222 Santa - 1 - ..:. (e ceo Mon~ca Boulevard WhlCh is a take-out restaurant located wlthin the same bUl1dlng as the appllcant. With~n 500 feet of the slte there eXlst an addltlonal 12 alcohol llcenses. SlX of these are for on-sale beer and Wlne for Bona Flde Publ~c Eatlng Place and four for on-sale general for Bona Flde Publ~c Eating Place. An on-sale general for public premlses (bar) lS located at 1432 Fourth Street. A club license lS lssued to the Eagle Lodge organ1zation at 1420 Second Street and a spe- clal on-sale general llcense 15 issued to Moody' 5 at 321 Santa Monlca Boulevard wh~ch is a prlvate for-profit members only club. It should be noted that although alcohol licenses are issued for on-premise consumptlon of alcohol w~th food, the AlcohollC Beverage Control regulations allow "off-sale to go" transactions unless speciflcally restricted by a condltion placed on a llcense. None of the eXlstlng licenses have such a restrlction. Proposed Project. The appl~cant currently has no license to sell alcohollC beverages. The appllcant proposes to sell beer, wine and general sp1rits by providing shelf space in thelr existing beverage cooler and s~xteen feet of shelf space within the publlC retal1 area. The proposed alcohol dlsplay areas would not re- QUlre any interlor remodeling of the space nor would it be vislble from the exterl0r. No exterlor signage advertlsing al- cohol lS proposed. General Plan Conformance. The Comm~SSlon · s review of the pro- posed upgradlng of the llquor license 1S conslstent wlth General Plan Polley 1.2.4 whlch states that the C1ty shall 11ml.t the num- ber, control the location, and mltigate the lrnpact of alcohol outlets. Alcohol outlets are perml.tted in C3-General Commerc~al zones when approved through Condltional Use Permlt process under the provlslons of Ordl.nance 1319 (CCS). CEQA The proJect 1S categorlcaly exempt the Cl ty of Santa Monlca GUldellnes for Californla Envlronrnental Quallty Act as fac111tles proJect. from the provislons of Implementation of the a Class 1 eX1stlng Fees. The proJect is exempt from the Housing and Parks mitl.ga- t~on program contained ln the adopted Land Use and C1rculatlon Elements. Project Analysis. Over the past several years, there has been a contlnulng and lncreas ing commun1. ty concern over the prol1.fera- tion of alcohol outlets in the Clty. The concern was addressed in the Clty'S adopted Land Use and Clrculation Elements ln POI1CY 1.2.4 WhlCh states that the City wl11: Llmlt the number or control the locatlon or otherWlse m~t1- gate the l.mpact of commerclal uses such as alcohol out- lets...in those areas where an over-concentration of the use would have, or the operatlon of such uses m~ght have, an adverse lrnpact on the surroundlng nelghborhood. - 2 - .' . ' ~ ce The Clty Councll also addressed the issue by adopting Ordlnance 1319 (CCS) on November 13, 1984. The ordlnance establ1shes an lnterlffi condltlonal use permlt aproval process for new and exist- lng alcohol-servlng bUSlnesses until permanent controls can be studled and adopted. The inter~m process requlres that most new establlshments that propose to sell alcohollC beverages recelve approval of a condltlonal use perrnlt. The oralnance also re- qUlres that most eXlsting buslnesses that are currently llcensed to sell alcohollC beverages receive approval of a conditlonal use permlt lf the buslness changes the type of retall l1quor license wlthln a license category. In rnaklng the flndings requlred for use perml t under the provislons of Plannlng COl1lInlssion shall conslder 11quor license will: approval of the conditional Ordinance 1319 (CCS), the whether the grantlng of a 1. Adversely affect the welfare of nelghborhood resldents, 2. Contrlbute to an undue concentrat10n of alcohol outlets in the area, and 3. Detrimentally affect nearby resldentially zoned nelghborhoods conslderlng the dlstance of the alcohol outlet to residential bUlldings, churches, schools, hospltals, playgrounds, parks, and other eXlstlng alcohol outlets. The Plannlng CommlsSlon may grant the condltLonal use permlt sub- Ject to those condltions that may be necessary to ensure that the use: 1. Is compat1ble with eXlstlng and potential uses wlthln the general area, 2. That trafflc and parking congestion will not result, 3. That the publlC health, safety, and general welfare are protected, 4. That no harm to adJacent propertles will result, and 5. That the obJectlves of the General Plan are secured. The buslness is famlly owned and operated. There lS currently no license to sell alcohol at the premises. Accordlng to the appli- cant, the percentage of the gross sales composed of alcohol l.S not expected to be more than 10% of the eXlstlng gross sales. The bUSlness has good Sl.te v~slblllty at lts location on Santa Monlca Boulevard and the Santa Monlca Mall, wl.th lt I S prlmary entrance at that locatlon. The facllity has no parklng aval1able nor does lt have a waltlng area. It lS located at a traff~c Slg- nallzed crosswalk. Potentlal trafflc problems could occur wlth drlvers atternptlng to make purchases at the slte where no appro- prlate parklng or wa1t1ng areas are provlded. - 3 - .' . . ~ ce The prox1mlty of publlC facll~tes WhlCh could be affected by the sale of alcohol are mlnlmal Wl th the exceptlon of the Mall 1 t- sel f. There 1S only one church located Wl thln 500 feet of the Sl te (Vlneyard Chrlstlan FellowshlP 204 Santa Monlca Boulevard). No grade schools are located within 500 feet. ThlS slte is located at the mld-polnt of the Santa Monlca Mall which ~s a publlC gatherlng place, lS deslgned for that functlon and lS used by all of the Santa Monlca general populatlon. Concern has been expressed by varlOUS Clty offlclals and the Police Chief to Plannlng staff that the MaIlls now used by public lnebrlates WhlCh detracts from the deslreabllity of the Mall as a place to shop and to gather. The pollce Chlef has stated that he cannot support any more off-sale establlshments 1n the area because pub11c inebriates in the area have been an on-golng problem. He states that the sale of ~nexpensive beers and wines especially contr1butes to the protHero. A police report for the Ethlcal Drugs 10cat10n shows that two incldents of petty theft occurred at this location dur1ng 1984. A police report act1vlty for the Santa Monlca Mall for 1984 indicates 29 crlmes d1rected agalnst persons, 200 crimes agalnst property (burglary, theft, arson and vandalism) and 39 crlrnes of intox1catlon and disturbing the peace. The 39 crimes of dlsturbances indicates a 22% reduction from the 1983 crimes. The Pollce Chlef' 5 concern over the number of establlshments WhlCh sell alcohol can also be seen ~n the number of alcohol es- tablishnents 1n the area. Wl thln 500 feet of Etlucal Drugs there are twenty-four other buslnesses WhlCh supply alcohol. These lnclude 15 on-sale beer and wine for Bona Flde Eatlng Places, 5 on-sale general for Bona Flde PubllC Eatlng Place, lon-sale general for publlC premlses (bar), 1 club llcense, and 1 spec~al on-sale general (llffi1ted membersh1p club). Although the ma]Orlty of these llcenses are issued for sale of beer, wine and alcohol in assoclatlon with food consurnptlon, there are no ABC regula- tlons WhlCh currently prohlblt the sale of alcohol for consump- tlon off the premlses. Therefore, most restaurants may operate as off-sale retallers of alcohol. ThlS lS especially true for fast-food restaurants where alcohol sales may take place without the purchase of any food. Resldents, buslness people, employees and Clty guests have multlple access to alcohol through the ex- lstl.ng locat~ons. Although the appllcant pledges to contlnue worklng cooperatlvely wlth the Pollce Department, they have no legal authorlty to control the consumptlon of alcohol once buyers have left the store. Populatlon dens~ ty In the 500 foot rad~us 1S lower than other areas where the Clty has granted Condltional Use Permlts for al- cohol llcenses. The ABC gU1dellnes state that an overconcentra- tlon may occur lf the area has more than one establlshment wlth an off-sale 11cense for each 1,039 resldents ln the area. (The ABC may deny the license lf there lS an overconcentratlon and there lS 20% more reported crlme ln the area than the average for the C1ty. Santa Mon~ca does not keep cr1me statistlcs in a form used by the ABC). Based on the 1980 census, the blocks surround- ing the phdrmacy (Ocean Boulevard to Fourth Street and Arlzona to Broadway) had a populatlon of about 646 persons. Using the - 4 - . . J ce ce gu~dellnes which allows one off-sale llquor llcense per 1,039 populat1on, the area could conta1n one such liquor l~cense. Al- though th~s area has no llcenses Wl thln the area for off-sale locatlons, it should be noted however, that sales for consurnptlon off the premlses are avallable at 24 other locatlons wlth~n 500 feet of thlS Sl te. Conslderatlon should be 91 ven to the fact that thlS is an urban area wlth a concentrat~on of commercial uses and an increase in the populatlon to be served would occur durlng the day and early evenlng hours. However, thlS would be a hlgher concentratlon of alcohol outlets than the Plannlng Commls- 510n has prev~ously approved (C.U.P. 379 9 outlets for 1460 persons, C.ll.P. 388 - 5 outlets for 1,341 persons). The Plannlng Commission has received several letters of OppOS1- tion to the proJect which are attached. Recommendation. The Planning staff recommends that the Planning CommlSSlon deny CUP 389 wlth the follow1ng flndings: 1. The welfare of existing and future neighborhood resldents could be adversely affected by the add~tlonal avallability of alcohol to publlC inebr1ates who already concentrate in the Santa Monica Mall and ltS adJoinlng alleys whlch dlscourages use of a publlC property by the general public. This reduced popularity of the Mall would further endanger the safety of pedestrians \'ialklng alone and reduce the commercial attrac- tlveness of exist~ng retall stores. Potentlal trafflC hazards could also endanger residents and vJ.sitors to the area. 2. The establlshment of another alcohol outlet in thlS area with off-premlses sales potentlal would further contrlbute to an eXlstlng overconcentratlon of such alcohol outlets beyond the ratlos approved by the Plannlng Commlsslon In other areas of the Clty WhlCh do not dlsplay problems of publlC lnebrlatlon. 3. The grantlng of the CUP would not detr~mentally affect nearby res identlally zoned nelghborhoods, churches or schools, but would cornpromlse efforts to rev1tallze a public faclllty (Santa Monlca Mall) WhlCh lS lmportant to the Clty as an ex- ample of ltS efforts to create a safe pedestrlan-oriented downtown buslness/retall center. Prepared by: Steve Graham, Asslstant Planner Plannlng and Zonlng D1V1Slon Communlty and EconomlC Development Department SG:ca Mcup389 - 5 - ..... ... .- -:s:: j; :z o ... ... SI o x -- .... .., :E: s 9~ ~~; .. :0:: SI ...., l! -"" 0Ii. o.. ", ~ ~ ~ ~ s. ..... .. ~ ~ .. ~ ..J l! ~ ~ II ~ r ;,,:;;;: .. M' ..., -V ., .... :. 'Z 9 .. :.: s ~ ~ :;: "" :;; So Z~ :;;; "" s< lI- Z 3. ~ ~ ... ....., ,,~ ..., V>' Si -w- oo, -"'. 5! 0 S! l! ...., J 0 $l Sl:e""'l :it o .~ ~ ..., Q ~ 0 s: .. I- - ....:a " YSI ..., .,. ." "x"" 0';, l! .,.~ ~~ ~ ~ 51: Sle- 0 SI 0.. ,~2 ::. ~ ~ 51: .... ~ Q.. ... / ..' ...' d ..., .i - .j..l :E:'Si ...' 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SUIte 202 San'a Monica Ca:lforn;a 90~01 213393 8355 . 1111111111 1II1111111 1111111111 T S 0 C 1111111111 1Il1l1l1ll 1II1111l11 f.fay 28, 1985 . City Planning Commission City of Santa Monica 1685 Main Street Santa Monica, CA 90401 Re: Conditional Use Permit '389 1402 Santa Monica Mall Dear Commissioners: We understand that a public hearing regarding the above conditional use permit will be held on June 3, 1985. We strongly recommend that Neal Rocklin of Ethical Drugs not be allowed to obtain this condltional use permit allowing sale of alcoholic beverages in his establishment. Such a permit would aggravate an existing problem in this area. Adoption of a Specific Plan for the'Santa Mon1ca Outdoor Mall is anticipated by the end of thIS year, and we hope to include in it a policy concerning thls typ~ of sale of alcoholic beverages. Speclflcally, we are looking to prohibit the sale of alcohollc beverages through the condltlonal use permlt process in any establishment not specifically delineated as a grocery store; sale of alcoholic beverages in any establishment where pharmaceuticals or gasoline are sold; and sale of cheap, fortified wines in any establishment, whether under on- or off-sale permits. Thank you for your consideratlon. Sin~' ely yours, omas H. Carroll Executive Director TC:gm cc: Robert Myers Pdul Silvern e e Septewber 26, 1985 The Honorable Mayor ChristIne Reed Tne Honorab Ie Mayor Pro Tem \hll iam j enn1ngs The dOBorable LAmes Conn, member of CIty Council The HOllOrable DavId Epstein, member of CI ty CounCIl The tIonorab1e I1erbert Katz, member of City CounCIl The 110l1Orable Dennis Zane, member of CI ty CounCIl The Honorable Steve Graham, PlannIng CommIssion Cl ty Hall 1685 Main Street Santa Monica, CA 90401 Dear Sirs/Madam: ThIS letter 15 to clarify our pOSItIons regardlnb the appeal of CUP 389 located at 1402 Santa ~on1ca NaIl to permIt the sale of off-sale beer, wine and lIquor at an eXIsting pharmacy/market. The PlannIng Commission denIed the request effectIve 8-5-85. Subsequent to the August 1st hearIng which was held at Ethical Drug's request for a condItIonal use permIt, the Planning CommISSIon approved a request to permIt the sales of alcoholic beverabes for a restaurant on 8-19-85 on CUP 398. The site of the restaurant IS withIn one block of our locatIon at 1402 Santa MonIca Mall. We realIze that CUP 398 IS for on-sale consumptIon WIth a prOVISO of no off-s1te sales. However, the same pOInts should apply to all) addI- tional cilcoholIC sales. The EthIcal Drugs staff report denotes 24 locations WIthIn 500 [cet with on-sale lIcenses. The staff re?ort on CUP 398 doe~n't even mentIon any number of locatIons WIthIn 500 feet. ,~e realIze that on-sale lIcenses include off-sale actIVItIes, but practlcally speaklng there is only one establIshment wlth off-s31e actIVItIes WIthIn 500 feet, and thIS establishment has mInImal llours of operatIon dnd IS IlmIted to only beer and WIne. The number of reSIdents as stated In the EthIcal Drug staff report was utIlIzed to show that there ]s already an overabundance of lIquor outlets In relatIon to Jopulatlon. While there are allegedly not enough reSIdents In the area for Ethlcal Drugs to warrant another llquor outlet, the staff report 1n cur 398 skirted the Issue and stated II.. .It IS Important to note the site IS In urban enVIronment surrounded by commercIal uses WIth a very low reSIdentIal populatIon.. No negatIve impacts WIll occur to surrounulng resIdentlal u~cs. In fact, the approval of thIS CUP will have a POSItIve Impact ~n that thIS r~stallrant WIll contrIbute to the revltaliz~t~oll of the 3rd Street Mall.' . ' e e Page 2, Nayor,Clty ~ouncIl PlannIng Commis~ion In makln& the fIndIngs requIred for approval of the condltIonal u~e permIt under th~ provIsions of Ordinance 1319 (CCS), the Plannln6 CommIssIon shall consIder whether the grantIng of a lIquor lIcense wIll: 1. adversely affect the welfare of neIghborhood re~idents; 2 contrlhute to an undue concentratIon of alcohol outlets In the area; and 3. detrImentally affect nearby resIdentIally zoned neIghhorhoods consIderIng the distance of the alcohol outlet to resIdentIal bUIldIngs, churches, schools, hospitals, playgrounds, parks, and other eXIstIng alcohol outlets. Although the OrdInance gIves the above gUIdelines regarding the grantIng 01 condItional use permIt~i the gUIdelInes have not been faIrly and unIformly dpplIed when the bto]cal Drug report ana the CUP 398 report dre compdred. RegardIng the alleged adverse affect on the welfdrc of nCIghborhood reSIdents and the alleged detrImental affect on nearby rc~identlally zoned neIghborhood, the EthIcal Drug staff report states that there IS already an overdbundance of lIquor outlets In relatIon to JopulatIon. The stafi report on CUP 398, however, cites the fact that the area IS urban WIth a very low resident1al populatIon. The cur ~98 report says thdt no negatIve Impact to sUlfounJlng re~IdentIal u~e~ WIll occur, and, ]n fact, states that a POSItIve Impact would result. RegardIng the alleged contrlb\ltion to undue concentratIon of alcohol outlets In the area, the standards were aga1n unfaIrly avplled The EthIcal Drug report CItes 24 locations WIthIn 500 feet, hut the CUP 398 report does not even mentIon other outlets In the area. It IS the POS]tIon of Ethical Drugs that If standarJs are ro be used In the grdntIng or denldl of condItIonal use permIts said standards should be applIed unIformly to all apJllcants SImIlarly sItuated as is the case here rcgardIng [thIcal Drugs and CUP 398. ThIS was clearly not done as eVIdenced by the discrepanCIes In the two staff reports with the two locat~ons WIthin one block of each other. I t should be paID ted out that 1 t ] s a fact that <,11 .la trons ,,,ho cat and drInk at a restaurant leave that restdurant WIth dt least ~ome percent- age of alcohol In theIr 1.lood As the patron ledvl~ thtS cre=~1~.$ an immedIate SOCIal problem. The Plannin6 CommISSIon contended LiLlt there h'ould be harm to adjacent propertH'~, publIC health sdret~T, dnd general welfare as customers of EthIcal Drugs ~oulJ Ipave the premLses ]n a drunken condItIon, or leave to drInh 1n d puhlIc place. Actllally, the PlannIng CommISSIon IS laborIng under tllt' i"1 ,apprehenSIon that thIS would he the case. It IS a fact that no alcohol Fthical Drugs. It IS a VIolation IIC beverages in a publIC place. or Von's have much more extenslve here, and they have absolutely no could be legally consumed on SIte dt of law for any person to consume alcoho- Larger establishments such as ThrIfty's lIquor departments than that proposed l,roh 1 ems l'; I th pe rs ons con:', r~ga t Lng on ~ It e Page 3, Mayor, CIty CouncIl Planning Commls~Ion thelr premIses to co~sume purchased alcoholic beverages. It is merely speculatIon on the part of the PlannIng Cornmisslon that the alcoholIC sales at Ethical Drugs would cause a mass of per~ons to vIolate the law and consume alcoholic beverages eIther on SIte or In publIC places. The PlannIng CommISSIon further noted that while the owners of EthIcal Drugs have the best Intentions of not selling alcohol to public ineb rIa te 5, employees are not al\vays as dIlIgent, In re la t I on to the CUP 398 approval, we would tUTTI the question around and ask how bartenders, and cocktaIl waItresses whose Income is dIrectly related to the sale of alcoholic beverdges can be more dIlIgent than an employee who IS paId dn Ilourly wage WIth no relatIon whatsoever to alcohollc sales. To rebut the puhIIC O~)POsltlon, the hulk of the OppOSl tion came from members of the ImmedIate commerCIal communIty who are tn dIrect compet L t Ion 'VI th the appllcant, ~ ~uch as T Ina Conde III 0 f COP de 11 i ' 5 Ih: 1 1. C ~1. t c 5 ~ en. I t So h 0 u } d be Jl 0 t e d t hat she d i J n l. t s P (' a k (J 11 ton the ~ a In e lS~UC~ on ClIP 398. Yet \<ihcn ::.hc dHl speak out agaInst 1 tlllCdl I1rug~, saYing another outlet of alcohol1C beverages WOll1d aggravd~e the loebrIatc problem, Condelll-~ Dell maintaIned a sidewalk Sl~n advertL~ing the sale of beer. TIll:, sign has SInce been Cl ted as a CI ty Viol atlon a.ld the [1 tr has forced its rCInoval. In D~1J1tlon, [thlcal Drugs feels t!l,1t It can rurthe~ addre~~ tile Jssue of Sdnta Monica's SOCIal problem by ellInlnatlng the ~,dc of sInblc-can beers lHthout ::he sale of food. L1C inebrIate 1 ~ " 1I e 1 ~ deLL n 1 t c 1 ; f 0 C 11 sed up 011 the s a I e 0 f for t I fie d ,.... 1 Il e S d n d SIn g ] c cm beer sales. \'ih i Ie the Te \....as not pub 11 c commen t ,cgardIng a pd rk 1 n g :}rob lem d t I: t h 1 C aID rug ~, the ~ t d f f r e ~) 0 r t '-' j d no t 11 c SIt ate tom e n t 1 on t) 11 S 1 S S 11 e whIle :,cC'lIIlnh1y overlooking the pubI1C pdr:~lng structures that eX1st on 2nd and 4th Strcet~. EthIcal Dru~s' a~ses~ment for these stluctuTes have escalated trom $1,000.00 In 1984-85 to $2,600.00 In 1985-86. The grantIng of a cur [or EthIcal Drugs wII} further prOVIde addItlon81 revenues for the CIty of Santa MonIca for WhICh the entIre CIty beneflts. We would apprec1ate a reversal of the deCISIon made by the Planning CommISSIon In llght of the ahove-ment1.oned statement. NCR ed SUIL:crely yours, IS! Neal C. Rockl"ln,VICe PrcslJcnt RocklIn Enterprises, lnc. JhJ Ethlcal Drugs 1402 Santa I'lon "lCel ;.la 1 1, Santa MonIca, Ct\ A:'~"'-~-""" 0 ra:1'e-P'j #' t;::. 8:} I ~ t.C> . ~ f?~ 13 2~BS (r--- ~ ;,:: , (' 7 01' c..fff>1r/! ~/V/[.+ ?C;f/1/;1//f1'/0- 2)cp IJ. ~G- Y Cu /2/LIlA 11'27 vsr OJ 3.. /9.ty' /) ~ fl&-G: I; :I- (/-/ J ..5 f.- -fu ~ 41c.,r 4+ rJ /h/" ~ o r- -rL Tr U6-uS7 ~~ ( 9 b-- 7) El/ S>/C7-J ,.;- . ---:;)( . ~7 '7#& ?LA flip! /~ C- fJ~r"Gr~EN7 ~ ()E/Yl' /'-1/ c, u ?, if7 / Y c 2- S fi.rJ r 4- ;11"'..../ CA. JV1A -I,M,.-..JtZ 70r.-: )/8rc C' l(ocJ<-.r.;' E/?17 ( .4- (' /) /Z-[~ C; {. ,. ~ ,r e e A1T)C,t+~ ~ OFFICLAL NOTICE OF PUBLIC HF.~ING UN AVISO DE UNA AUDIENCIA PUBLICA* TO: Concerned Persons FROM: The City of Santa Monica SUBJECT: Notice of Public Hearing A Public Hearing w~ll November 12, 1985 be held by the City Council on the followlng request: on Tuesday, , This is an appeal of the Planning Conunlsslon decision to deny C.U.P. 389 to permit an existlng pharmacy to sell general sp1rits, beer and Wl.ne for consumption off the premises. Any retall business whl.ch desires to sell alcohol is required to receive approval of a Condltional Use Permit prior to the issuance of a llcense by the State Alcoholic Beverage Control Department to sell alcohol. Applicant: Rocklin Enterprl.ses (Ethl. cal Drug s) . TIME: TUESDAY, November 12 - , 1985 AT 7:30 P.M. LOCATION: COUNCIL CHAMBER, ROOM 213 CITY RAT.T. 1685 MAIN STREET, SANTA MONICA SUBJECT OF HF.ARING: C.U.P. 389 PROPERTY ADDRESS AND ZONING: 1402 Santa Monica Mall C3 You are belng informed of this hearl.ng because according to lnformation submitted by the applicant, you are a property owner or a resldent near the proJect Sl. te. If you are no longer the owner of property 1n this area, please forward th1S notice to the current owner. The City encourages public conunent on this and other proJects. You or your representative, or any other persons can comment at the public hearing, or by writlng a letter. Letters should be addressed to the City Plannl.ng Divisl.on, Room 212, Clty Hall, 1685 Maln Street, Santa Monica, Callfornla 90401. If desired, further informatl.on on any appllcatlon may be obtalned from the Clty Plannlng Dl.V1Sl0n, Room 212, Santa Monl.ca City Hall, 1685 Maln Street, Santa Monl.ca, California 90401 or by telephone (213) 458-8341. The meeting facl.ll ty lS accessible. If you have any speclal needs such as slgn language lnterpreting, please contact Offlce of the Disabled at 458-8701. Pursuant to Callfornia Government Code Sectlon 64009(b), if thlS matter is subsequently challenged in Court, the challenge may be Ilmited to only those issues raised at the Public Hearing <. ,. e e descrlbed in th~s notice, or in written correspondence del~vered to the City of Santa ~onlca at, or prlor to, the Public Hearing. * Este es un aviso de una aud~encla publica de appl~caclones para un CamblQ de zona en Santa ~onlca que por 10 cual puede ser de interes para usted. Para mas lnforrnac~on par favor llame a ~ary Testa en Clty Plann~ng DiVls~on a1 numero (213) 458-8341. hear2 APPROVED AS TO FOR~: ..., ~- - .L. I J,.-- I L.1r~J-........., -- Robert ~. ~yers City Attorney 0---- .....,