SR-12-B (6)
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71tJ;Z r ~tJ 6
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1.2-B
SEP 1 0 1985
_ SEP 1 7 1ge5
Cal:lfornl.a
cjED:PC:SF:nh
Councl.l "1tg:
Santa '1onl.ca,
September 10, 1985
TO; ~ayor and City Council
FRO~: Cl.ty Staff
SUBJECT: Appeal of Plannl.ng Comml.ssl.on DeC1Sl.0n to Deny Condl.-
tlonal Use Perm1.t 393 to Perm1t the Sales of Alcoholl.c
Beverages from a Convenl.ence ~arket Located at 1801
L1ncoln Boulevard. Appll.cantjAppellant: World 011.
INTRODUCTION
Thl.S l.S an appeal of the Plann1ng COmm1SS1.0n decl.sl.on to deny
Condl.tl.onal Use Perml.t (CUP) 393.
The proposed proJect conSl.sts
of the construct1on of a 4,000 square foot retail bUl.ldl.ng along
the southerly property l1ne, and the constructl.on of a 925 square
foot convenl.ence market to replace the eX1stl.ng pay booth located
at the World OJ..ljArco service statl.on.
The Plannl.ng Comml.SSl.on
approved the constrUct1.on of the two reta1.l bUl.ldl.ngs, but denl.ed
the CUP to permit sales of alcoholic beverages w1.thl.n the serVl.ce
statl.on convenl.ence market subJect to the fl.nd1.ngs and cond1tl.OnS
noted 1.n the Statement of Offl.cl.al Actl.on (Attachment B). In
that the actl.on of the Plannl.ng COmm1SS1.0n 1.S conSl.stent with the
general provJ..sJ..ons of OrdJ..nance 1319, staff recommends that the
appeal be denJ..ed and the decl.sl.on of the Plann1.ng COnlIIll.SSl.On
affirmed.
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BACKGROUND
The proposed proJect ~s located on the southeast corner of LLn-
coIn Boulevard and "'1LchLgan Avenue and 1S currently In operat1on
as a self-serv1ce gasol1ne stat1on. A vacant lot lS located
along the southerly property 11ne WhlCh 1S the proposed slte of
the 4,000 square foot commerc1al structure.
Two dr1 veways on L1.ncoln Boulevard and one on "'11chigan Avenue
currently prov1de access to the Slte. An alley is located at the
rear of the Slte Wh1Ch separates the present use from surround1ng
rnultl.-fam1ly structures.
Surround1ng uses cons1st of the NSA
church faC11l.ty to the north across 'I1J..chl.gan Avenue (C4), com-
merl.cal uses to the south (C4), rnultl.ple fam1ly dwell1ngs to the
east (R2), and cornnercl.al uses to the west across Lincoln
Boulevard (C4).
On the serVl.ce station sl.te, the appll.cant 1S proposl.ng to remove
the eX1stlng cashier booth and replace l.t w1th a 930 square foot
conven1ence market WhlCh w1I! be open 24 hours and 1S designed to
sell ~mpulse 1tems, wh1.ch lncludes beer and Wl.ne. The market
w1.11 be located adJacent to the 20 foot alley WhlCh separates the
resldent1.al and comrnerc1.al uses. The two eXlst1ng dr1veways on
Ll..ncoln Boulvevard wl..ll be closed ana one new dr:Lveway will be
1nstalled. The eX1.st1ng dr:Lveway on ~lchl..gan Avenue w1Il remal.n.
Addltlonal l.nformatlon about the proposed proJect 15 conta:Lned 1n
the staff report to the Plann1ng CommLsS1on (Attachment A).
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ANALYSIS
The only lssue raised In the appllcant' s letter of appeal (At-
tachment C) lS the Commlsslon's declslon to deny the alcohol out-
let CUP.
Over the past several years, there has been a contlnu-
lng and J.ncreaslng cornmunl ty COncern over the prol1.feratlon of
alcohol outlets in the Cl ty.
The concern was addressed J.n the
CJ.ty's adopted Land Use and CJ.rculatlon Elements J.n POllCY 1.2.4
WhlCh states that the Clty WJ.ll:
LimJ.t the number or control the locatlon or otherwise mltl-
gate the lmpact of commerClal uses such as alcohol out-
lets. . .1.n those areas where an over-concentration of the use
would have, or the operatlon of such uses ffilght have, an ad-
verse lmpact on the surroundl.ng nelghborhood.
The Clty Counell also addressed the J.ssue by adoptlng Ordlnance
1319 (CCS) on November 13, 1984.
The ordlnance establlshes an
lnterlm CondJ.tional Use Permlt approval process for new and ex-
1.sting alcohol-servJ.ng bUSJ.nesses unt11 permanent controls can be
studl.ed and adopted.
The lnterl.rn process requires that most new
establ1.shments that propose to sell alcoho11.c beverages receJ..ve
approval of a Condi tlonal Use Perml t.
The ordinance also re-
qUJ..res that most eXJ..stlng busJ..nesses that are currently 11censed
to sell aleohollc beverages receJ.ve approval of a Condltlona1 Use
Perml.t lf the busJ..ness changes the type of retaJ..l llquor IJ..cense
wJ..thJ..n a IJ..cense category.
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In mak.l.ng the f.l.ndl.ngs requ.l.red for approval of the Cond.l. tional
Use Perml.t under the prov1s1ons of Ordinance l3l9(CCS), the Plan-
n.l.ng COmml.SS10n and C.l.ty Counc.l.1 upon appeal shall consl.der
whether the grant.l.ng of a l.l.quor l.l.cense W.l.ll:
1. Adversely affect the welfare of ne.l.ghborhood res.l.dents,
2. Contr.l.bute to an undue concentrat.l.on of alcohol outlets .l.n
the area, and
3. Detr.l.mentally affect nearby resl.dent.l.ally zoned nel.ghborhoods
cons.l.derl.ng the distance of the alcohol outlet to res1dent.l.al
bU.l.ldl.ngs, churches, schools, hosp1tals, playgrounds, parks,
and other eX.l.st1ng alcohol outlets.
The Plann.l.ng Comm.l.ssl.on, or C.l.ty Counc.l.l on appeal, may grant the
COnd.l.t1onal Use Perm1.t subJect to those cond.l.t.l.ons that may be
necessary to ensure that the use:
1. Is compatl.ble w.l.th eX.l.stl.ng and potent.l.al uses w.l.th.l.n the
general area,
2. That traff.l.c and park.l.ng congest.l.on will not result,
3. That the public health, safety, and general welfare are
protected,
4. That no harm to adJacent propert.l.es w.l.ll result, and
5. That the obJectl.ves of the General Plan are secured.
Dur.l.ng reV.l.ew of the CUP appl.l.cat:lon, the Plannlng Comml.SSl.on
took :lnto cons.l.deratl.on the prOX1m.l.ty of publ.l.c fac11.l.t.l.es wh.l.ch
could be affected by the sales of alcoho11c beverages, and the
.l.:mpact on the public welfare of the adJacent res.l.dents. The
sales of alcohol.l.c beverages would take place only 20' from adJa-
cent mult.l.-fam.l.ly uses, less than 50' from the NSA church on the
corner of L1ncoln Blvd. and ~1ch.l.gan Avenue, and only one block
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from Santa ~onlca Hlgh School. Durlng the appllcatlon notlfica-
tlon perlod conducted by the AlcohollC Beverage Control Board
{ABC}, more than 30 letters of obJection were flIed by resLdents
with1.n the surroundlng area. As noted In a memorandum to the
Dlrector of Plannlng prepared by the Chlef of Police (Attachment
D), the 30 letters recel.ved ln Sacramento may represent only a
small percentage of those resl.dents ob]ectl.ng to the appll.catl.on
for 11quor sales. The P1CO Ne1.ghborhood Associatl.on has been
notlfled of the appllcat1.0n and has supported the Plannlng Com-
mlSS10n denlal of the CUP appllcatlon.
Populatlon denSl ty In the 500 foot radlUS l.S approx1.mately 761
persons based on the 1980 census. The ABC gUldel1.nes state that
an overconcentratlon may occur 1f the area has more than one es-
tablishment w1th an off-sale 11.cense for each 1,039 res1dents l.n
the ar~a. (The ABC may deny the l1cense 1f there lS an overcon-
centrat1.on and there 1S 20% more reported crime In the area than
the average for the Clty.) USl.ng the gU1.dell.nes wh1.ch allow one
off-sale llquor llcense per 1,039 populat1on, the area could con-
taln one such llcense. Although the area with1.n the SOD' radlus
has no 11.censes for off sale locatlons, lt should be noted that
thlS llcense would be the tenth establlshment wlthln a flve block
radlUs of the proJect slte wlth a 11quor l1.cense and the second
gasoline stat1.on withln 650' to sell alcohol for off-premlses
consumptlon (see Attachment E).
In the memorandum submltted by the Chlef of Pollce on the pro-
posed appllcatlon, concern 15 expressed over the approval of such
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an appl:l..Catlon and the potentlal for increased 101 terlng, In-
tOXlflcatlon and vandallsm among hlgh school adolescent children
who frequent the area. In addltlon, the Clty Vlce Offlcers have
indlcated that the Cl ty I S largest concentratlon of street pros-
tltutlon 15 on Llncoln Boulevard, very near the proJect s~te, and
Wl th the approval of this appll.catlon an lncrea5e ln the Vl.ce
problems may occur.
CITY COUNCIL AUTHORITY
Under the prOVl.S10nS of Ordlnance 1319{CCS), the Clty Council may
afflrm, reverse or modlfy any determlnation of the Plann~ng Com-
ml.SSlOn ln regard to a alchollC llcense CUP and the decision of
the Cl.ty Councll shall be flnal. In approving an appllcatlon the
COITUTIl.SS1.0n or Councll on appeal must make approprlate flndings
and may add COndl.tlons necessary to protect the publlC welfare.
BUDGET/FISCAL I~PACT
The recommendatlons presented in thlS report do not have a
budget/fl.scal impact.
RECO~NDATION
Staff respectfully recorrunends that the Cl ty CounCll deny the ap-
peal and affirm the dec1.Sl0n of the Plannlng Commlsslon adoptlng
the flndlngs and condltlons contalned l.0 the June 17, 1985 State-
ment of Offl.Clal Actlon sheet.
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Prepared by: Peggy Curran, Acting DLrector of CommunLty and
Economic Development
Suzanne Fr~ck, Actlng PrLnclpal Planner
Clty Plann~ng D1VLSLon
Community and Economic Development Department
B.
c.
D.
E.
Staff report to June 3, 1985, PlannLng
CommlSSlon meetlng
Statement of Off~clal Actlon
Letter of Appeal
~emorandum from Chlef Keane
Locatlon ~ap of Surround~ng Alcohol Outlets
Attachments: A.
CC31
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· A-TffiCHMl?NI;/J
PLANNING AND ZONING DIVISION
CO~~UNITY AND ECONO~IC DEVELOP~ENT DEPART~ENT
~ E ~ 0 RAN D U ~
DATE:
June 3, 1985
TO:
The Honorable Plann~ng Cornm~ss~on
FRO/\1 :
Paul J. S11vern, D~rector of Plann~ng
SUBJECT:
DR 301, CUP 383, Construct~on Of A One Story 4,000
Square Foot Reta~l Build~ng, And The Construction Of A
925 Square Foot Conven~ence ~arket. A CUP ~s Request-
ed To Perm~t The Conven~ence ~arket To Sell Alcohol~c
Beverages.
SU~Y The proposal is to construct a one story 4, ODD square
foot reta~l bu~ld~ng located along the Southerly property line
and construct a new 925 square foot conven~ence market w~th sales
of alcohol~c beverages. The prOJect conforms to the "'1un~cipal
code requ~rements perta~nlng to park1ng, and staff ~s recommend-
ing approval of commerclal structures and den~al of the CUP ap-
pl1cat~on for sales of alcohollC beverages.
EXISTING CONDITIONS The proposed proJect 1S located on the
southeast corner of L~ncoln Boulevard and ~lch~gan Avenue and ~s
currently ~n operat~on as self-serv~ce gasol~ne station. A va-
cant lot 1S located along the southerly property 11ne which ~s
the proposed s~te of the 4,000 square foot commerC1al structure.
Two dr~veways on Llnoln Boulevard and one on ~lchgan Avenue cur-
rently provide access to the s~ te. An alley is located at the
rear of the s~te WhlCh separates the present use from surroundlng
multl-famlly structures. Surroundlng uses conslst of the NSA
church fac~llty to the north accross ~lgh~gan Avenue (C4), com-
merclal uses to the south (C4), multlple faml1y dwelllngs to the
east (R2), and commerc~al uses to the west across L~ncoln
Boulevard (C4).
On June 20, 1983 the Planning Comm~SSlon approved DR 086 conslst-
ing of v~rtually the same proJect w1th the except~on of the new
925 square foot conven~ence market. Conslderable publlC concern
was expressed at the orlglnal hearings and as a result the Com-
mlssion granted approval of the 4,000 square commercial bUl1d1ng
wlth several condlt~ons. In that the Commercial buildlng as pro-
posed 16 substantl.ally the same as the previous proJect, staff
has l.ncluded the previous condl. t~ons of approval for thJ..6 new
proJect.
PROPOSED PROJECT The proposed proJect conslsts of the contruc-
tlon of a one story 4,000 square foot retall bu~ldlng WhlCh w~ll
contaln 4 leasable spaces. Located to the rear of the commerclal
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structure are accessable restrooms and a trash enclosure. Four-
teen parklng spaces are provlded adJacent to the bUllding which
wlll be screened from Llncoln Boulevard wlth landscaplng.
On the same slte, the appllcant ~s proposlng to remove the eXlst-
lng serVlce statlon cashler boooth and replace lt with a 930
square foot convenlence market will be open 24 hours and is
deslgned to sell lrnpulse lterns, WhlCh beer and Wlne. The market
wlll be located adJacent to the 20 foot alley WhlCh separates the
resldentJ.al and commercial uses. The two existlng drlveways on
Llncoln Boulevard wlll be closed and one new drlveway wlll be
lnstalled. The existlng drlveway on ~lchigan Avenue wlll remaln.
The Parklng and Trafflc Engineer has revlewed and approved the
Parklng and Circulatlon pattern as proposed.
JtIDNICIPAL CODE AND GENERAL PLAN CONFORJfANCE
Category
"'iunlclpal
Code
Land Use
Element
ProJect
Permltted Use
General Com-
merc~al
Commerclal
retaJ..l uses
Retall uses
Helght
6 storles 90'
3 storles 45'
1 story 25+'
Setbacks
none requlred none requlred N: 25'
s: 0 f
E: 0 I
W: 10 I
Floor Area
Ratlo
3.3
1.5
.2 entlre slte
Parklng
1:300 for
4,930 square
feet=16
N/A
16
GENERAL PLAN CONFOR~CE The proJect lS conSJ.stent wlth the
pollcles and obJectlves of the Land Use Element pertal.nlng to
Llncoln Boulevard. POllCY 1.6.5 ldentlfles Llncoln Boulevard for
general commerclal, serVlce and spec1.alty commerclal uses.
FEES In that the proJect provides no offl.ce space, the proJect
1.5 exempt from the hous1.ng and parks mltlgat1.0n fee.
CEQA The proJect 1.S categorically exempt from the provl.s1.ons of
the C1.ty of Santa ~on1.ca GUldellnes for implementation of the
Cal1.fornla Env1.ronmental Quallty Act, Class 3(14).
PROJECT ANALYSIS The proJect as proposed is In vlrtually the
same confl.gurat1.on as the orlgl.nal appl1.catl.on approved by the
COmrnlSSl.On in 1982. As a condltlon of approval from DR 086, the
retall stores wlll be Ilmlted to nel.ghborhood serving uses such
as an ice cream shop, flower shop, shoe store, restaurant,
laundromat or drycleaners. The parking provl.ded meets the number
requl.red by code and wl.ll result 1n the relocat1.on of only one
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dr~veway on Lincoln Boulevard. Overall, the proJect as proposed
is a compatible use on L~ncoln Boulevard.
Over the past several years there has been a contlnuLng and Ln-
creasLng community concern over the prolLferatLon of alcohol out-
lets ~n the Clty. Durlng the orlg1nal hearing for thlS proJect,
conslderable communLty lnput was glven and speclflc cond1tlons of
approval were attached WhlCh prevented the sales of alcoholLc
beverages. The close proXlmlty of thJ..s use to the res1dent1ally
zoned property would detrlmentally affect the nearby resldences
In that the 24 hour use as proposed lS only 20' away from eXlst-
ing apartments.
As requlred by State law, the Alcohollc Beverage Control Board
has posted a not1ce of ~ntent on thlS part1cular property. As a
result, over 30 letters have been ffia1led to Sacramento obJect1ng
to the proposed llcense.
From a practlcal stand-polnt, the 24 hour sales of beer and wine
at a drJ..ve In convenient market 1S not an approprlate use and lS
J..nconslstent Wl th the General PrOV1Sl0ns of OrdLnance 1319. As
stated lh Ordl.nance 1321 the Plannl.ng Commisslon shall consJ..der
whether the grant1ng of the Llquor llcense wlll:
1. Adversely affect the welfare of nelghborhood resldents.
2. Contrlbute to an undue concentrat1on of alcohol outlets In
the area and,
3. Detrlmentally affect nearby resldentlally zoned nelghborhoods
considerlng the distance of the alcohol outlet to residential
bU1ld~ng, churches, shcools, hospitals, playgrounds, parks
and other existlng alcohol outlets.
Based on the above crLterla Lt cannot be found that the 24 hour
sales operat2on of alcoho12C beverages would not be detrlmental
to the surround1ng resldentlal ne1ghborhood. Therefore, Planning
staff 18 reconunendJ..ng the Plannlng Commisslon deny the CUP ap-
pl~cat20n to permLt sales of alcohol.
RECO"'NENDATION
Plannlng staff respectfully recommends that the Planning Commis-
Slon dpprove DR 301 for the constructlon of the 4,000 square foot
retal1 bUJ..ldlng and convenJ..ence market, and deny CUP 383 for the
sales of alcohollC beverages on this slte.
FINDINGS
1. The development lS cons1stent WJ.. th the flnd1ngs and purpose
of Ordlnance 1321 as set forth below.
2. The physlcal locatlon and placement of proposed structures on
the slte are compatlble wlth and relate harmoniously to sur-
roundlng sLtes and neighborhoods ln that convenlence market
as proposed J...S desLgned so that customers enter and exJ... t on
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the furthest side from the resLdentlal uses so as to mlnlffiLze
the lmpact on surroundlng area.
3. The eXlstlng and/or proposed rlghts-of-way and facilltles for
both pedestrlan and automoblle trafflc wl.ll be adequate to
accommodate the anticlpated results of the proposed develop-
ment J..ncludJ..ng off-street parking facJ..llties and access
thereto 1.n that one dr1. veway shall be elJ..minated on L1.ncoln
Boulevard and adequate parkl.ng w1.11 be provlded to accomodate
the demands generated by thls development.
4. The eX1.stJ..ng and/or proposed publ1C and/or pr1.vate health and
safety faCl11.tles (J..ncludlng, but not Ilffilted to, san1.tat1.on,
sewers, storm dralns, flre protectJ..on devJ..ces, protect1.ve
services, and public utll1.ties) w1.ll be adequate to accommo-
date the ant1clpated results of the proposed development.
5. The proposed development 1.S conSlstent wlth the General Plan
of the C1ty of Santa ~on1ca and the Zoning Ord1nance 1n that
the project will conform to the he1ght, bulk, use and urban
des1gn pollc1es for the Llllcoln Boulevard as spec1.f1ed 1n the
Land Use Element of the General Plan and conform to the ap-
propr1ate C4 standards contalned III the Zonlng Ord1nance.
Alcohol Outlet F1ndings
1. The proposed use and locat10n are not 1n accordance w1th good
zon1ng practlce, and 1n the public 1nterest, 1.n that the
sales of alcohol1C beverages w1ll take place only 20' from
adJacent resldentlal uses thus creatlng a negatlve lmpact on
the surrounding res1dential neighborhood. The sales of al-
coho11c beverages at a locdtlon Wh1Ch prlmarily caters to the
automob~le drJ..ver is not J..n the best J..nterests of the pub11c
welfare 10 that the alcohol purchased on the s1te has the
potentJ..al of belng consumed by the automob1.1e operator and
thus contrlbutlng to the problems assoc1ated wlth drJ..nk1ng
and drlv1ng.
2. The proposed use 1.5 1n-compatlble w1th eXlsting and potent1al
u~~s W1.th1n the general area; traff1.c and parkJ..ng congest10ns
will result: the pub11c health, safety, and general welfare
will not be protected; and harm to adJacent propert1es w111
result J..O that the sales of alcohollC beverages are likely to
contr1bute to 101.ter1ng of customers who are distruptive to
the surround1ng resldentlal area.
3. The welfare of nelghborhood res1.dents wJ..ll be adversely af-
fected 1n that the locat1on and sale of alcohollc beverages
wJ..ll be ava1lable 24 hours seven days a week.
4. In keep1ng Wl th sound plannJ..ng pollcy, the Planning Comm1S-
Slon has cons1stently requ1.red for all new automoblle service
statlons that sales of alcoho11c beverages are expresly pro-
h1b1ted. In that th15 appllcatJ..on does not represent a
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unlque cLrcumstance, the PlannLng Commisslon cannot flnd ade-
quate cause to approve the sales of alcoholJ.c beverages at
th1.s locat1.on.
CONDITIONS
1. Plans for flnal deslgn, landscapJ.ng, screen1.ng, trash enclo-
sures, and sJ.gnage shall be subJect to review and approval by
the Archltectural Rev1.ew Board.
2. ~inor amendments to the plans shall be subJect to approval by
the Dlrector of Plann1.ng. An J.ncrease of more than 10% of
the square footage or a slgnlf1.cant change Ln the approved
concept shall be subJect to Plann1.ng Comm1.ssion RevJ.ew. Con-
struct1.on shall be J.n substant1.al conformance with the plans
submltted or as modLfied by the Plannlng COImn1.ssion, Ar-
chitectural ReVLew Board or D1.rector of Plann1.ng.
3. The rJ.ghts granted here1.n shall be effective only when exer-
cised W1.thLn a per1.od of one year from the effective date of
approval. Upon the wrJ.tten request of the applLcant, the
Director of Plann1.ng may extend th1.s per1.od up to an add1.-
t1.onal SJ.X months.
4. The appl1.cant shall comply wJ.th all legal requirements
regarding provislons for the dlsabled, lncluding those set
forth in the Callfornia Admi.n1.stratl ve Code, T1.tle 24, Part
2.
5. The park1.ng lot shall be strJ.ped, screened and landscaped 1.n
conformance with Sec. 9127.J.l and Sec. 9129.F.7 (S~~C).
6. Refuse areas, storage areas and mechan1.cal equ1.pment shall be
screened 1.0 accordance Wl th Sec. 911 7J. 2-4 (S1I1"1C). Refuse
areas shall be of a Slze adequate to meet on-slte need.
7. The operatLon shall at all t1.mes be conducted in a manner not
detr1.mental to surroundlng propertJ.es or residents by reaSOn
of llghts, n01.se, act1.v1.t1.es, park1.ng or other actions.
8. No nOlse generdtlng compressors or other such equ1.pment shall
be placed adJacent to ne1.ghbor~ng resJ.dentLal bU1.1d1.ngs.
8. A securJ. ty plan shall be approved by the Chl.ef of Pollee
pr1.or to l.ssuance of a Certlfl.cate of Occupancy.
10. The eX1.stl.ng drL veway (s) and apron (s) , located on Lincoln
Boulevard shall be removed and the existLng curb cut (s) re-
placed with standard curb and gutter per the spec1.f1.cat1.ons
of the Department of General SerV1.ces.
11. Street trees shall be ma1.ntained, relocated or prov1.ded as
requlred l.n a manner consLstent w1.th the CLty'S Tree Code
(Ord. 1242 CCS), per the spec1.f1.cat1.ons of the Department of
R~creatlon and Parks and the Department of General SerV1.ces.
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No street tree shall be removed wlthout the approval of the
Department of Recreation and Parks.
12. Street and/or alley Ilghtlng shall be provlded on publlC
rlghts-of-way adJacent to the proJect if and as needed per
the speclficatlons and wlth the approval of the Department
of General SerVlces.
13. The exterior parklng area shall be used for employee and
customer parklng only and not for repalr or flulshlng work
or long-term (over one week) storage of vehlcles.
14. No alcohollC beverages shall be sold.
15. At least one publlC handlcap-accesslble restroom shall be
prov1ded WJ. th separate mens and women fac1litles. The
restroom bUllding shall be relocated to a port1on of the
81 te more dlrectly v1sJ..ble from the retall bUlldJ.ng and
convenience market.
16. Vl.deo games shall be prohlbJ. tted on-site, and should a
restaurant be located on thlS site, the number of seats
shall be 11.ffiJ..ted to 50 seats or less.
17. The hours of operatlon for the 4,000 square foot commer-
cial structure shall be llmited to 7:00 a.m. - 10:00 p.m.
18. At least one world oJ.l employee shall go l.nto the neJ.gh-
borhood at least tWlce a day to pl.ck-up trash from any
eatl.ng establl.shment located on the slte.
19. Trafflc speed bumps shall be installed 1n the alley by the
appllcant subJect to the reV1ew and approval of the traf-
flC englneer.
SF:ca
DR301
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!tIT itCH Me)/I 13
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STATE~ENT OF OFFICIAL ACTION
PROJECT.
NU~BER:
DR 301, C.D.P. 383
LOCA'l'ION:
1801 L~ncoln Boulevard
APPLICANT:
G~lbert AJa & Assoc~ates, Arch~tects
23117 Plaza Po~nte Dr~ve, Suite 100
Laguna H~lls, Californ~a 92653
REQUEST:
Construct~on of a Qne Story 4,000 Sq.Ft. Retail
Bu~ld~ng and the Construct~on of a 925 Sq. Ft.
Convenience ~arket. A C.U.P. is requested to
Perm~t the Conven~ence ~arket to Sell Alcoholic
Beverages.
PLANNING CO~~ISSION ACTION:
6-17-85
Date.
x
Approved DR 301 based on the follow~ng find~ngs and
SUbJect to the cond~t~ons below.
x
Den~ed CUP 383 based on the follow~ng f~nd~ngs under
Alcohol Outlet F~nding8.
Other.
FINDINGS
1. The development 1S cons~stent with the f~nd1ngs and purpose
of Ordlnance 1321 as set forth below.
2. The physlcal locatlon and placement of proposed structures on
the s~te are compatlble wlth and relate harmoDlously to sur-
roundlug s~tes and nelghborhoods J.n that convenJ.ence market
as proposed J.S desJ.gned so that customers enter and eXJ.t on
the furthest s~de from the resJ.dential uses so as to mJ.nJ.mlze
the J.mpact on surroundJ.ng area.
3. The eXJ.stlug and/or proposed rJ.ghts-of-way and facJ.lJ.tJ.es for
both pedestrJ.an and automobJ.le traffJ.c wJ.ll be adequate to
accorrunodate the antJ.cJ.pated results of the proposed develop-
ment lncludJ.ng off-street parkJ.ng facilltJ.es and access
thereto J.n that one driveway shall be eliminated on LJ.ncoln
Boulevard and adequate parkJ.ng will be provJ.ded to accomodate
the demands generated by th~s development.
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4. The ex~st~ng and/or proposed publ~c and/or pr~vate health and
safety fac~llt~es (~nclud~ng, but not llmited to, sanltatlon,
sewers, storm dralns, flre protect1on dev~ces, protect1ve
serV1ces, and publ1c ut1l1t1es) will be adequate to accommo-
date the antlclpated results of the proposed development.
5. The proposed development is conslstent w1th the General Plan
of the C~ty of Santa "4on~ca and the Zon1n9 Ord~nance 1n that
the proJect will conform to the height, bulk, use and urban
deslgn pol1c1es for the L1ncoln Boulevard as spec1f1ed 1n the
Land Use Element of the General Plan and conform to the ap-
propr1ate C4 standards conta1ned in the Zon1ng Ordinance.
Alcohol Outlet Flndings
1. The proposed use and locat1on are not 1n accordance with good
zon1ng practlce, and ln the publJ..c ~nterest, J..n that the
sales of alcoholic beverages wlll take place only 20 I from
adJacent res1dentlal uses, one block from the Cl.ty' s h1gh
school and less than 50' from a church, thus creatlng a nega-
t~ve l.mpact on the surround1ng res~dent1al nelghborhood. The
sales of alcohol:l.c beverages at a locat1on whJ..ch pr1mar:l.ly
caters to the automobl.le drlver 1S not in the best interests
of the publlC welfare 1n that the alcohol purchased on the
S1 te has the potentlal of being consumed by the automob1le
operator and thus contr1butlng to the problems associated
with drLnk1ng and drlvLng.
2. The proposed use is In-compatible wlth eX1sting and potentlal
Uses wlthln the general area; traffLC and parklng congestions
wlll result; the publlC health, safety, and general welfare
w111 not be protected; and harm to adJacent propertles wlll
result 1n that the sales of alcohol1.c beverages are likely to
contr1bute to loiterlng of customers who are dlstruptlve to
the surroundlng res1dential area.
3. The welfare of nelghborhood resldents will be adversely af-
fected 1.n that the locatlon and sale of alcoholic beverages
w1ll be ava1lable 24 hours Seven days a week.
4. In keepl.ng WJ.. th sound plannl.ng pollcy, the Plannlng COnuTIl.S-
Slon has cons1stently regu1red for all new automoblle service
statlons that sales of alcohollC beverages are expresly pro-
h1blted. In that thl.s appllcatlon does not represent a
unl.que circumstance, the Plann1ng COnuTI1SSlon cannot flnd ade-
qUate cause to approve the sales of alcohol1.C beverages at
thl.S locatlon.
CONDITIONS
1. Plans for flnal design, landscaplng, screen1ng, trash enclo-
sures, l~ghtlng, and sl.gnage shall be subJect to reV1ew and
approval by the Archl tectural Rev1.ew Board. The developer
shall prov1de screening along the exter10r lot llnes through
the use of ralsed planters, berms or other vertlcal screening
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elements sUbJect to approval by the Arch1tectural Review
Board.
2. ~lnor amendments to the plans shall be subJect to approval by
the D1rector of Plann1ng. An 1ncrease of more than 10% of
the square footage or a slgn1flcant change in the approved
concept shall be subJect to Plann1ng Comm1SS1on Review. Con-
strUctlon shall be in substant1al conformance w1th the plans
submltted or as mod1f1ed by the Plann1ng Comm1ss1on, Ar-
chltectural ReVlew Board or D1rector of Plannlng.
3. The rlghts granted hereln shall be effectlve only when exer-
clsed wlth1n a perlod of one year from the effective date of
approval. Upon the wr1 tten request of the appl1cant, the
D1rector of Plannlng may extend thlS perlod up to an addl-
tlonal SlX months.
4. The appl1cant shall comply with all legal requirements
regardlng provls1ons for the d1sabled, 1nclud1ng those set
forth in the Callfornloa Adm1n1stratlve Code, Title 24, Part
2.
5. The parklng lot shall be strlped, screened and landscaped 1n
conformance w1th Sec. 9l27.J.l and Sec. 9l29.F.7 (S~~C).
6. Refuse areas, storage areas and mechanlcal equ1pment shall be
screened lon accordance with Sec. 911 7J . 2-4 (SII1I11C). Refuse
areas shall be of a Slze adequate to meet on-site need.
7. The operatlon shall at all tlmes be conducted in a manner not
detrlmental to surroundlng propert1es or res1dents by reason
of llghts, nOlse, actlvltles, parklng or other actions.
8. No nOlse generatlng compressors or other such equlpment shall
be placed adJacent to nelghborlng reslodent1al bUlld1ngs.
9. A securl ty plan shall be approved by the Chlef of Pollce
pr10r to lssuance of a Certlflcate of Occupancy.
10. The existlng dr1veway(s) and apron(s) I located on Llncoln
Boulevard shall be removed and the eXlst1ng curb cut (s) re-
placed wlth standard curb and gutter per the speclficat10ns
of the Department of General Serv1ces.
11. The eX1st1ng drlve way on ~lch1gan Avenue shall be relocated
to the east and shall be SUbJect to reVlew and approval of
the Traff1c Englneer.
12. Street trees shall be malnta1ned, relocated or provlded as
requ1red 1n a manner cons1stent with the Cl ty I S Tree Code
(Ord. 1242 CCS), per the speclf1cat1ons of the Department of
Recredt10n and Parks and the Department of General Servlces.
No street tree shall be removed wlthout the approval of the
Department of Recreatlon and Parks.
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13. Street and/or alley l~ght~ng shall be provided on public
rights-of-way adJacent to the proJect l.f and as needed per
the specl.fl.cat~ons and wl.th the approval of the Department of
General Services.
14. The exterl.or parking area shall be used for employee and cus-
tomer parking only and not for repal.r or f~nJ..sh:l.ng work or
long-term (over one week) storage of vehJ..cles.
15. No alcoholJ..c beverages shall be sold.
16.
At least one
prov l.ded WJ.. th
room bUJ..ldl.ng
more dl.rectly
nJ..ence market.
publJ.c handl.cap-acces~nble restroom shall be
separate mens and women facJ.lJ.tl.es. The rest-
shall be relocated to a portl.on of the 5J. te
vJ.sib1e from the retaJ.1 bUJ..ld~ng and conve-
17. V1deo games shall be proh1bJ_tted on-s1te, and should a res-
taurant be located on th:l.s sl.te, the number of seats shall be
1imJ.ted to 50 seats or less.
18. The hours of operation for the 4,000 square foot commercla1
structure shall be l~m:l.ted to 7:00 a.m. - 10:00 p.m.
19. At least one world 0:l.1 employee shall go lnto the ne1.ghbor-
hood at least tW1.ce a day to p1.ck-up trash from any eatJ.ng
establ1.shment located on the S:l.te.
20. Traff1.c speed bumps shall be ~nstalled 1.n the alley by the
appl~cant sUbJect to the reV1.ew and approval of the traffic
engJ.neer.
21. The conven~ence market shall only be open for bUSJ.ness dur1.ng
the hours that gasol1.ne 1.S sold.
Date
/5/ Cha~rperson
Plannl.ng CommJ.ssion
City of Santa ~onJ.ca
KR:nh STDR301
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ATfA0H I--1DJT G e
L>,W OFFICE5 OF
C. SAMUEL BUCK
1\ P~OFESSIC"'^L :::CR.PCILAoTIO.....
POBOX S025
FA,l~B"'''''KS ""''-CH PLA,ZA
lOS ANGElES 1213> 557-4755
OR.A"GE (714) 857-0454
RIVE=tS-ICE- 171.4) 359-5~89
RA"ICHO SANTA FE CALIFORNIA 92067
(619) 756-599.1
June 25, 1985
Clty of Santa Monica
1685 Main Street, Room 212
Santa Monlca, CA 90406-2200
Re: World Oil - CUP 383, 1801 Llncoln Boulevard
Dear Mr. Silvern:
This flrm has been retalned to represent the interests of The World Oil
Company with regard to an appeal from the Planning Commission to the City
Councll of the Clty of Santa Mon1ca.
This appeal 1S based upon the Plannlng Commission's decision to deny
CondltlOnal Use Permlt 383 without cons1denng the eVldence Wh1Ch
dlstlngulshes thlS proJect as a nelghborhood shoPPlng center. Some of the
Commissioners stated thelr reason for denlal was an unwllllngness to offer
the sale of beer and Wlne from gasoline statlOns. These are not proper
grounds for this denlal Slnce the facts do not support thlS concluslon that
the proJect proposed is a mere gasollne statlon.
Please accept this letter as an appeal to the Santa Monica Clty Counell from
the decislon of the Plannlng CommlsSlon and we would request you adVlse this
offlce as to the time and date of the appellate hearing. Enclosed is the
$75.00 appl1cation fee.
~l ?
CSB:lr
Encs.
cc: Ron Coleman
Dennls OIDorlsio
Kerry Roussellot
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ATl~pe
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CITY OF SANTA MONICA
INTER-DEPARTMENT MEMO
DATE: June 12, 1985
TO: Paul J. Silvern, D~rector Of Plannlng
FROM. Chlef James F. Keane
SUBJECT: DR 301, CUP 388, request to permlt sales of alcohollC
beverages at a service statlon convenlence market.
In your memorandum, you requested my opinion of the
proposal to allow the sales of alcohol at a proposed
24 hour service station convenience market.
The approval of such a convenience market would be
detr~mental to the tranquillity and peace of the sur-
roundlng neighborhood and established businesses
currently operatlng in the area. The 30 plus letters
that Sacramento has recelved from concerned citizens
Ob)ectlng to the prollferatlon of alcoholic beverage
sales sites, in my oplnion, 15 only a small percentage
of the actual number of residents who for one reason
or another dld not or could not express thelr concerns.
Many of the resldents in the nearby multl-farn~ly dwell-
ings are Spanlsh speaklng Latlno fa~llies of lower income
who cannot read the notices of lntent placed by the
Alcoholic Beverage Control Board. Others may feel they
are not in a posltlon to obJect to such a proposal.
Many of these resldents are slngle parents who are al-
ready havlng a dlfficu1t time trYlng to keep thelr
children from the clutches of crlm~nal temptation. The
approval of alcohollc beverage sales at thls slte wlll
only add to their burden of malnta~nlng control of
the~r chl1dren by provlding yet another area to "Hang
out."
The CltylS largest hlgh school is only one block west of
the proposed Slte. It has been the Pollce Depart~entls
experlence that to fUrnlsh another site that sells
alcohol would allow the hlgh school adolescent chlldren
to sollClt the ?UrC~aslng of alcohol from adult customers.
The lOlterlng of students would lncrease Juvenlle related
act~vlty such as gang actlvity, grafflt~, lntoxlcatlon,
drlvlng whlle intoxlcated and vandallsm.
-
-
Paul J. S11vern, Dlrecto~ Of Plann1ng
Jur:.e 12, 1985
Page 2
Presently the~e are nine establishments wlthin a five
block raclus of the proposed slte that have ABC Llcenses
and sell alcohol1C beverages in one form or another. To
allow one more establlshrnent the sales of alcohol in the
already proliferated area would enhance the posslbility
of crimlnal activlty and the soclological breakdown of
the younger more vulnerable chlldren.
The N.S.A. Church is also located less than 50 feet from
the proJected slte. The church has serv~ces durlng the
even1ng hours, and the operatlon of a 24 hour liquor store
would potentlally have a detrimental affect to the church
partic1pants going to and from their place of worship.
My Vlce Officers have informed me that the Cityrs largest
concentrat~on of street prostitution 15 on Lincoln Boule-
vard, very near the proJected site. It seems the elements
of llquor s~ores and motels invite this type of vice
actlvlty. To allow another slte WhlCh sells alcohol wl11
undoubtedly add to our Vlce problems wlthout any slgnifl-
cant benefit to the Clty, its c1tlzens and buslness patrons.
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