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NOV 12 I.
Callfornla
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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
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(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
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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
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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
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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.
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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
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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.
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SG:nh STCUP389
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1ST 11'person
Planning CommlSS10n
Clty of Santa ~onlca
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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
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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.
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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.
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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
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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
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Third Street Developme'1: Cor~n
1427 Santa Monica Mall \. ..
SUIte 202
San'a Monica Ca:lforn;a 90~01
213393 8355
.
1111111111 1II1111111 1111111111
T S 0 C
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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
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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\
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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
<. ,.
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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----
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