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12-C
APR 2 2 1986
CjED:PC:KR:nh
Counc11 Mtg: Apr11 22, 1986
Santa Mon~ca, Callforn~a
TO:
Mayor and Clty Councl1
FROM:
City Staff
SUBJECT:
Appeal of Plannlng CO~~iSS10n DeC1S1.0n Approvlng Condl-
t10nal Use Per1l1~ t 411, to Per~l t the Sale of Off -Sale
Beer and Wlne at an Existlng Conven1ence Market, 2838
Santa MOlllCa Boulevard. Appl1.cant: M. H. Khalil1.. Ap-
pellant: COl1ncl1~ernber Herb Katz.
INTRODUC'TIOK
On March 3, 1986, following a publ1.c hearing, the P1ann1.ng Co~-
~lSS10n approved by a vote of 4-1, COnd1.tlonal Use Per~lt 411 to
per~1.t the sales of off-s1.te beer and W1.ne at an eXlst1.ng conve-
nlence ~arket at 2838 Santa Monlca Boulevard for a per1.od of one
year subJect to annual reV1.ew by the Plann1ng Co~~i SS1.on. An
appeal of the Plannlng C01l11l11.SS1.on deter1111.natlon has been flIed by
Counc21~e1l1ber Herb Katz.
BACKGROUND
The eXlstlng conven1.ence ~arket total11ng 1,051 sq. ft. 1.S located
W1. thln a single story reta1.1 center at the southwest corner of
Santa Monlca Boulevard and Yale Street ln a C4 zone.
The pro-
posal 1.S to per1111t th1.s convenlence ~arket to sell beer and Wlne
for off pre'luses consu~pt1.on.
The proposed hours of operat1.on
are fr0111 6:00 a.1l1. to 12:00 1l1ldn1ght seven days per week.
Four
e111ployees are on the pre1l11.ses at the peak hours of operat1.on.
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APR 22 1986
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The appl1cant proposes to prov1de shelf space W1th1n the1r ex~st-
~ng beverage cooler for the sale of beer and wine.
Accord1.ng to
the appl1cant, the percentage of gross sales co~prised of alcohol
~s not expected to be ~ore than 5% of the total gross sales.
ANALYSIS
The Plannlng COtn'llJ. SSlon tnay grant a Condl t10nal Use Perrn1 t sub-
Ject to those condltlons that ~ay be necessary to ensure that the
use:
1. Is co~pat1ble w1th eX1sting and potentlal uses wlthin the
general area,
2. That traff1c and park1ng congest1on wlll not result,
3. That the publ1C health, safety, and general welfare are
protected,
4. That no har'll to adJacent propert1es w1ll result, and
5. That the obJectlves of the General Plan are secured.
Dur1ng the reV1ew of the Cond1tJ.onal Use Perrn1t appl1cat1on, the
Plann1ng CO~~lSSlon cons1dered the prOX1tn1ty of the proposed off-
5i te sale of beer and Wlne llcense to other alcohol outlets 1n
the area, lncludlng a llquor store Wl thln one block located at
2933 Santa Monlca Boulevard and a restaurant with a beer and W1ne
llcense 1n the saTfle retall center.
Although the latter type of
11cense J.S 15sued for sale of beer and Wlne 1n assoclatJ.on wlth
food conSU'llptlon, there are no AlcohollC Beverage Control regula-
tJ.ons WhlCh prohJ.b1t the sale of alcohol for consu'llptJ.on off the
prernlses.
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Al though there are no other alcohol outlets w~ th~n a 500 foot
radius of the proposed site, on Santa Monlca Boulevard between
25th Street and 31st Street there are a total of s~x alcohol out-
lets. Two of these are for off-sale general spir~ts, three are
for beer and Wlne for Bona F~de Publ1C Eatlng Places and one is
an on-sale beer and w~ne llcense for a publlC prel'Illses. The
sales of alcohollC beverages would also take place less than 20
feet from the Chr~st1an and M1ss1onary All1ance Ch'lrch at 1420
Yale Street and close to another church with1n a 500 foot radlUS
of the slte. Durlng the appllcation not1flcatlon per10d conduct-
ed by the ABC SlX letters of Ob]ect1on lnclud1ng one fro'U the
owner of the retall center were rece1ved. Followlng receipt of
the CUP appllcatlon, the property owner of the reta11 center also
contacted Plannlng Staff to 1ndlcate h1S obJect1ons to the appll-
cant's request for an off-sale beer and Wlne license.
Based upon the cr1ter1a identifled 1n Ord1nance 1319(CCS), Plan-
n1ng staff reco'Urnended denlal of thlS Condlt1onal Use Per'Ult 1n
that the sales of beer and Wlne adJacent to a church and wlthln
an area wlth a large resldentlal populatlon Wh1Ch already has a
11quor store to serve the area could adversely affect the welfare
of the ne1ghborhood residents.
Durlng the publlC hearlng, the appl1cant e'Uphaslzed that h15 cus-
tomers have expressed to h1'1\ that they would beneflt from belng
able to purchase beer and W1ne at thl s market. An opponent of
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the proposal c1ted the presence of the adJacent church, the prox-
l~lty of other llquor stores 1n the area and the potent1al 1n-
crease of noise and lltter assoclated w1th the grant1ng of an
off-sale beer and W1ne 11cense.
In approving the Condl t10nal Use Per'l1l t the Plannlng C0'11'l1iSS10n
ind1cated the1r support due to the apparent de'11and by the eX1st-
ing patrons of the ~arket. The Plann1ng C0'11'l11SS10n 11'lllted the
approval to a per10d of one year, and '11ade the approval sUbJect
to annual reV1ew by the C0'l1'111SS1on. As noted 10 the Off1C1al
Act10n State'11ent (Attach'llent C) the Plann1ng CO'll'1l1SS10n 1n ap-
provlng the cup also proh1blted the sale of fort1f1ed Wlnes and
requlred that shelf space devoted to beer and Wlne be 11'111ted to
5% of the total shelf area 1n the store.
Plann1ng staff '1lal.nta1ns that the addl tion of the sale of beer
and wine at the convenlence 'llarket lS not an appropr1ate use
glven ltS proxl'llity to a church and other llquor outlets in the
area Whl ch are avallable to serve the surroundlng resldentlal
neighborhood.
Therefore Plannlng staff bel1eves that the pro-
posed sale of beer and W1ne at th1S convenlence store lS lncon-
slstent w1th the general prov1s10nS of Ord1nance 1319(CCS). Ad-
dltionally, thlS conditlon confllcts wlth ABC licens1ng proce-
dures 1n that the ABC 1ssues llcenses on a per'11anent basls w1th-
out t1'11e per10d restr1ct1ons.
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CITY COUNCIL AUTHORITY
Under the prov1s1ons of Sectlon 9l48C(SMMC), the C1ty Councll ~ay
afflr~, reverse or ~Odlfy any deter~lnatlon of the Plannlng Co~-
~iss10n 1n regard to a Cond1tlonal Use Per~lt and the declsion of
the C1ty Councll shall be flnal.
In approv1ng an appllcatlon the
CO~~isslon or Councll, on appeal, ~ust ~ake approprlate flnd1ngs
and ~ay add condltlons necessary to protect the publlC welfare.
BUDGET/FINANCIAL IMPACT
The reco~~endatlons presented 1n thlS report do not have a
budget/f1nanclal l~pact.
RECOMMENDATION
Staff re spectfully reco~'llends that the C1 ty Councl.l grant the
appeal and deny the proJect as Sub~ltted and dlrect staff to pre-
pare approprlate flndlngs for adoptlon at a subsequent Councll
'lleetlng, such flndlngs to be based on those contalned 1n the
March 3, 1986 staff report.
Prepared by: R. Ann Slracusa, Dlrector of Plannlng
Suzanne Fr1ck, Actlng Prlnclpal Planner
Karen Rosenberg, ASslstant Planner
C1ty Planning Divislon
CO'll~unity and EconO~lC Develop~ent Depart'llent
B.
Staff Report to Plannlng CO'll~iSS10n, February
3, 1986.
A~end~ent to Staff Report to Plannl.ng
CO~'lliSS10n, March 3, 1986.
Letter of Appeal.
State'llent of Offlc1al Actlon.
Revlsed Locatlon Map of Surroundlng Alcohol
Outlet s.
Attach~ent s: A.
C.
D.
E.
cc59
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EXHIBIT A
CITY PLAKNING DIVISION
Co~~un1ty and EconO~lC Develop~ent Depart~ent
M E M 0 RAN DUM
DATE:
February 3, 1986
TO:
The Honorable Planning co~~ission
FROM:
Plann1ng Staff
SUBJECT:
C.U.P. 411, 2838 Santa Mon1ca Boulevard, C4, to Per~lt
the Sale of Off-Sale Beer and W1ne at an EX1stlng Con-
ven1ence Mlni-Market. Applicant: M. H. Khalil1.
SITE LOCATION AND DESCRIPTION
The eX1sting convenlence ~arket 1S located wlth1n a slngle story
reta1l center at the southwest corner of Santa Mon1ca Boulevard
and Yale Street. Surroundl.ng uses conS1 st of off1ces, retal1
shops and a ~otel to the north (C4), a church and '111.11 tl-fa'llily
res1dent1al bU1ld1ngs to the south (R2), a restaurant and reta1l
shops to the east (C4) and reta1l shops and off1ces to the west
( C4) .
Zon1ng ClasS1f1cat1on: C4
Land Use D1str1ct: CO'1l~erc1al Corr1dor
Parcel Area:
28,470 square feet
PROJECT REQUEST
SU'lI'lIary: The proposal 15 to per'lllt an eX1st1ng conven1ence
'1larket totall1ng 1,051 square feet to sell beer and Wlne for off
pre'lllSeS conSU'1lpt1on. The proposed hours of operat1on are fro'll
6:00 a.'ll. to 12:00 'llidn1ght seven days per week. Four e'1lployees
are on the pre~lses at the peak hours of operatl.on. The appl1-
cant proposes to provlde shelf space with1n the1r exist1ng
beverage cooler for the sale of beer and W1ne. Accord1ng to the
appl1cant, the percentage of gross sales cO'llprised of alcohol lS
not expected to be ~ore than 5% of the eX1st1ng gross sales.
Although Plann1ng staff requested that the appllcant SUb'lllt plans
WhlCh are drawn to scale and co~pletely dl~enSloned, the attached
plans were sub~ltted by the appl1cant. Add1t1onally, following
rece1pt of th1S appl1catlon, the property owner of the reta1l
center contacted Plann1ng staff to 1ndlcate his Ob]ect1ons to the
appllcant I S request for an off sale beer and W1ne llcense. The
property owner has also flIed hlS ObJ€ct1ons w1th the Alcohol1C
Beverage Control Board.
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Under Ord~nance 1319(CCS) a Cond~t~onal Use per'1lit ~s required
for new off sale alcohol llcen ses. Plannl.ng staff recotnrnends
denlal of thlS Cond~t~onal Use Per'1l~t.
COMMERCIAL PROJECTS
EXlstl.ng Square Footage:
1, 051 sq. ft .
Proposed Square Footage:
1,051 sq. ft. (no change)
MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE
Category
Land Use
Munl.cl.pal Code E1ernent
ProJect
Perrnl.tted Use
C4: Hlghway
CO'1l'1lercl.al
Uses
General Offl.ce
and Retal1
EXlstlng
Convenlence
Market with
Proposed
Beer & Wine Sales
Parking
EXlstlng
13,792 sq.ft.
retall center
@ 1:300 = 46
parklng space s
requlred
Satne as
Munlc1pal Code
A total of 47
parklng spaces
provl.ded for
retal.l center
Fees The proJect l.S exe'1lpt fro'1l the Housl.ng and Parks Ml.tl.gatl.on
Progra'1l contal.ned In the adopted Land Use and Cl.rculation
Elements.
CEQA Status The proJect 1.S categor1.ca11y exe~pt fro~ the provl.-
Slons of CEQA, Cl.ty of Santa Monl.ca Gu~dell.nes for Irnple'1lentatlon
(Class 1(21)).
Analysl.s Over the past several years there has been l.ncreas~ng
COrnrn1lnl. ty concern over the proll.feratlon of alcohol outlets ~n
the Clty. ThlS concern l.S addressed In Policy 1.2.4 of the adop-
ted Land Use and Clrculatlon Ele'1lent as follows:
Ll.'lUt the nU'11ber or control the locatl.on or otherwl.se
'1ll.tigate the l.'1lpact of CO'll'llerclal uses such as alcohol
outlets...ln those areas where an over-concentratlon of
the use would have an adverse l.'1lpact on the surroundlng
nelghborhood.
Thl.s issue is also addressed 1n Ordl.nance 1319 (CCS) whl.ch was
adopted on Nove'1lber 13, 1984. The Ordl.nance establl.shes an
Interl.'1l Condltlonal Use Per'1ll.t process for new and eXlst1ng
alcohol-serVlng businesses untl1 per'llanent controls can be
studl.ed and adopted. The l.nterl.'1l process requlres that '1lost new
establl.sh'1lents that propose to sell alcoholl.c beverages recel.ve
approval of a COndl.tlonal Use Per'1l1t.
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W1th1.n the eX1st1ng reta~l center there ~s a restaurant wlth an
on sale beer and Wlne llcense. Although thlS type of l~cense 1S
issued for sale of beer and W1ne 1.n assoclation Wl th food con-
SU'llpt1on, there are no ABC regulatlons Wh1Ch currently prohibit
the sale of alcohol for consu~ptlon off the pre'lllSes. Therefore,
~ost restaurants may operate as off-sale retal1ers of alcohol.
In addlt1.0n to this on pre'lllSeS beer and Wlne 11.cense, w1thin one
block of the Sl te, at 2933 Santa Mon1.ca Boulevard, there 1. s a
liquor store w1th a general off-sale 11cense. ~fuile there are no
other alcohol outlets w1th1n a 500 foot rad1.us of the proposed
Sl te, on Santa Monica Boulevard between 25th Street and 31 st
Street there are a total of SlX alcohol outlets. Two of these
are for off-sale general spirits, three are for beer and W1ne for
Bona Flde Publ1C Eat1ng Places and one is an on-sale beer and
Wlne l1cense for a publlC pre'l11se.
The ChrlstJ.an and M1ss1onary All1ance Church and its assoc1ated
pr1vate school ~s located less than 20 feet to the south of the
51te, at 1420 Yale Street. Add1t10nally, w1th1.n 500 feet there
1S another church and a prlvate grade school.
Populat1on density W1 th1n the 500 foot rad1us is approxi'llately
1,071 persons based on the 1980 census. The ABC gU1de11nes state
than an overconcentratlon 'llay occur if the area has 'TIore than one
establish'llent with an off-sale 11cense for each 1,039 residents
in the area. US1ng thlS guideline, 1t appears that the eX1stlng
11quor store at 2933 Santa Mon1ca Boulevard lS adequate to serve
the surround1ng resldent1al ne1ghborhood.
The add1t1on of the sale of beer and wine at this conven1ence
'llarket is not an appropriate use g1ven 1tS prOX1'l11ty to a church
and school. Therefore, Planning staff feel s that the proposed
sale of beer and W1ne at th~s conven~ence store 1S ~nconsistent
w1th the general prOV1S1ons of Ord1nance 1319(CCS). As stated 1n
Ord1nance 1319, the Plannlng CO'll'lllSS10n shall cons1der whether
the grantlng of this 11quor llcense will:
1. Adversely affect the welfare of the nelghborhood res1dents,
2. Contr1bute to an undue concentrat1on of alcohol outlets 1n
the area, and
3. Detri'llentally affect nearby res1dent1ally zoned ne1ghborhoods
cons1der1ng the dlstance of the alcohol outlet to resident1al
bU1ld1ngs, churches, schools, hosp1tals, playgrounds, parks
and other eX1sting alcohol outlets.
Based on the above crlterla, 1t cannot be found that the sales of
beer and Wlne at th1S convenlence market would not be detrl'llental
to the surround1ng res1dent1al neighborhood. Further~ore, 1n
that lt 1S Plann1ng staff's understand1.ng that the property owner
of th1s retail center objects to the sales of alcoho11C beverages
at thlS conven1.ence 'llarket, Plannlng staff reco'11'l1ends that the
Plann1.ng CO'll'll1ssion deny th1S Condit1onal Use Per'lllt app11catlon.
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RECOMMENDATION
Plannlng staff respectfully reco~~ends that the Plannlng CO~~lS-
Slon deny CUP 411 for the sale of beer and Wlne at 2838 Santa
Monlca Boulevard.
F~nd~ngs
1. The proposed use and locatlon are not In accordance wlth good
zonlng practlce, or in the publ1C lnterest ln that the sales
of alcohollC beverages does not ~eet with the property
owner's consent, and wlll take place adJacent to resldentlal
uses thus creatlng a negatlve impact on the surroundlng
residentlal nelghborhood.
2. The establlsh~ent of another alcohol outlet In this drea wlth
off-pre~lses sales would be detrlrnental to the area in that
there already exists one alcohol outlet wlth general off-
pre~ises sales to serve the resldent population wlthln a 500
foot radlus.
3.
The grantlng of the CUP would
resldentlally zoned property ln
beverages wlll take place only
and church.
detrl'Tlentally affect nearby
that the sales of alcohollC
20 I fro~ an adjacent school
Prepared by: Karen Rosenberg
ASslstant Planner
CUP 411 KR:nh
2-3-86
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!IMIT^" AfONIC^ OLVO.
Store being 1eased herein 2838 Santa Mon1ca Blvd., Sta. Mon. ,Calif.
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LEGAL DESCRIPTION OF SHOPPING CENTER PROPERTY' Lots 51 6, 7 and 8 1n Block 5
of Serra VIsta Townslte, in the C1ty of Santa Monica, in the County of Los
Angeles I State of Ca1ifornlal as per Mup recorded in Book 61 Page 138 of HapsI
1n the Offlce of the County Recorder of Sdld County.
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