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SR-820727-12APL:Jh:nh Santa bloni~ California ~~ Council Mtg,: July 9, 198?. J U L 2 7 1982 TO: The Mayor and City Council PROM: City Staff SUBJECT: Alternative Submission Proposal, DR 083,'Mi-T Mart, Inc., 3102 Main Street, CM4, M. Toumajian. Introduction This is a carry-over on an appeal by Mayor Goldway of the Planning Commission's approval of an Interim Development Permit for a proposed mini--mart and commercial office building at 3102 Main Street. The matter was previously considered as Agenda Item 12A on July 6, 1982, Background The applicants proposed a commercial building consisting of a mini-, mart and commercial rental space on the southwesterly corner. of N;ain and Marine which did not meet the Main Street zoning requirements in 3 regards: 1. A Conditional Use Permit for a single occupancy in excess of 75' of ground floor street frontage. 2, Pedestrian Orientation in that 304 of the Main Street frontage was not improved with commercial space. 3. Landscaping was deficient for. lack .of a 2' wide planting strip. The Planning Commission also recommended withdrac~ral of the City's opposition to the store's application for a liquor license. • /~ -~ JUL 2 7 1982 ,.. Mayor and City Cour l ;,1 -2- July 27, 1982 Following hearing on the appeal on July 6, 1982 the matter. was continued for 2 weeks to allow the continued negotiation with the applicant including the hours of operation and submission of an amended project plan. Amended Plan ' An amended plan has been submitted in which the proposed .building is rotated to the south which overcomes the three deficiencies of the previous. plan in that 30% of the Main Street frontage is in commercial space, no single occupancy .exceeds 75' and a 2' wide planting strip is planned in front of each parking wall. 14_spaces in lieu of the former 13 are proposed. Remaining Issues Inasmuch as the major siting deficiences have been corrected those issues remaining of concern to the Council appear to include the building's exterior architecture, pedestrian access, hours of operation, diversity of stock and limitation, if .any, of beer and wine display. The applicant's representative has indicated willingness to compromise on all issues other than hours of operation, reiterating the position that a 24 hour operation is essential to economic feasibility. .The 'Chief of Police on the other hand, believes that a 24 hour establishment at this particular location, almost directly on the boundary line between Santa Monica and Venice, could be an attractive crime target especially after 2:Q0 A.M. He and other knowledgeable persons are concerned about the sale of alcoholic beverages in the area. And for these reasons the Chief apposes the project. Mayor and City Couxt~ll -3- Analysis July 27, 1982 Inspection of the applicant's store at 8501 Pershing Drive, Vista del Mar indicates approximately 120 of shelf space devoted to wine and beer and 2% to fresh produce. The CM Zoning permits retail stores with less than 50% of shelf area devoted to liquor and is silent insofar as hours of operation are concerned. Under Interim Development procedures the City Council may impose any reasonable conditions in granting an Interim Development Permit. Recommendation It is respectfully recommended that the Interim Development Permit be granted on the following terms and conditions. 1. That construction be in substantial accordance with the alternative plans submitted except as modified by the Architectural Review Board and that the ARB be authorized to require whatever exterior treatment they consider necessary or desirable to assure compliance with the Main Street Plan and the needs of the neighborhood with special reference to the possibility of additional windows or doors on the Main Street frontage. 2. That not less than 40a of the structure be devoted to a convenience market offering a full line of grocery items including fresh fruits and vegetables, but not necessarily fresh meat or poultry. 3. That the hours of operation be limited to those between 6:00 A.M. and 72;00 A.M., the business to remain closed between the hours of ]Z;00 A.M. and 6:00 A.M. daily. 4, That no liquor be sold on the premises. Mayor and City Coup '.1 -4- .July 27, 1982 5. That no vending machines, electronic or video games or amusement devices of ar.y kind be included or permitted in the building either as principal or incidental uses. 6. That street trees be planted along both street frontages, in accordance with the direction of the Recreation and Parks Department. 7. That under Resolution 6385 (CCS) a development fee of $34,252.20* would be required in connection with the approval of the project. The City of Santa Monica is currently enjoined from enforcing the provisiohs of such resolution relating to fees. If the City of Santa Monica prevails. in the case of United Brotherhood of Carpenters and Joinders of America et al v. City of Santa Monica., et al., Los Angeles Superior Court, Case Number WEC 069227, such fee (or any lesser fee required by any subsequently adopted ordinance) shall be due and payable within 90 days of the date that City of Santa Monica is no longer subject to such injunction. *Fee is calculated as follows: Land Cost...... ........... ..... .,....5465,000.00 (9300 sq.ft. @.$50 per sq.ft.} Building... ....... .....,. ........... 159,300.00 (.5400 sq.ft. @ 29.50 per sq.ft.)~ Total Cost $624,300.00 6% of $624,300.00 .............................$ 38,058.00 loo reduction for 2 credit points 3,805.80 (Santa Monica employees and less than maximum bldg.) $ 34,252.20 Mayor and City Council -5- July 27, 1982 It is also recommended that the City Council not withdraw the City's letter of opposition to the requested liquor license. Prepared by: Mark Tigan James Lunsford Y °^... r~ CfTY OF SANTA M,, NfC,4 r ':~n1CA ~.Q. ~,pr.~1CE ~1~'; itAn! ~cl: JuL 15 ~ e~, : , DATE: • :. July 15, 1982 ~. TO:"~ John H. Alschuler Jr, - City Manager FROM: James F. Keane Chief of Police SUBSECT: Proposed Mini-Mart at Main and Marine Streets. It has recently cow to my attention that amini-market is being considered for construction at Marine and Main Streets. Although I understand there is a need for a market in this area, I would like to point out a rnm~ber of factors that might have an effect upon police service. Any twenty-four hour establishment that is staffed by one or just a few employees is an attractive target for robbers. In this case this is especially true because the establishment is a7rmst on the boundry line between Santa I~lonica and Venice. This fact is well known to the criminal element who make a habit of com- mitting acrime "just across the border" and then fleeing to their own neighborhood. They feel, and probably with some validity, that their chances of escape are enhanced when they cross the city line. Any establishment that is open. and stocks alcoholic beverages, yet is prohibited from selling them after 2:00 am is inviting problems from "customers°' who are under the influence, and wish to continue drinking. This would result in an increase in the ntnnber of disturbance calls to the police department. The area that would be served by this market abounds with a1co- holic vagrants from both Santa Monica and Uenice. As far as Santa Monica is concerned, there has been a concentrated effort to encourage stores to restrict the sale of °'cheap alcoholic beverages", which is usually wine, in an effort to displace these people to other areas. If the Mini-Mart has a beer and wine license it might make an already bad problem worse. For these reasons the police department would oppose the con- struction of the proposed P-ti.ni.-Market. JFK/MPL/pra >~-~~~~ 12-A Conn makes n ion to grant permit.,.. t vhe're Jennings ;.., makes his motion CONN: Madame Mayor, members of the council., I'd like to say that I prefer the changes in this design that we have before us and I would like to support the staff recommendation. So I am going to move that we grant the interim development permit with the condit~ io _ i\` n '~ e s a r roe o r t • ('r,,,, .~..~ r r~~ ~. GLbr-,^~-^~-~= ~- , F.'~~ _.c- ~~ ~ G~i~~ PRESS:. second y~„~, ~ ~' ~- „--~ YG: Moved by Conn, seconded by Press.. City Attorney, ATTORNEY: One of the objections that was raised in the letter ~---•- of Christopher Harding indicated calculation of the fee, And I think i;t should be pointed out that the fee that the staff recommendation contains is generally based upon a calculation without credits - and the credits will be assessed at the time of the certificate of occupancy so that that sets the upper limit. And by no mean does it indicate that the developer will not be able to establish any credits that would be provided that would be provided by Resolution 6385, assuming that it can be enforced at the time of certificate of occupancy. CONN: That was my understanding, Thank you, ~ Any other discussion on the motion. CM Reed, and, then Zane and Jennings. REED: I have some grave reservations about these points that Mr. Harding .raises in his letter vis a vis unequal protection under the law.. The fact that we are here with a land use action, attempting to regulate both. hours of operation and the things that the store will sell when in fact the zoning .and the other regulatory actions that the City have taken in the recent past, do not address those considerations at all, And that the City has never before on a case by case basis made this kind of a requirement on a potential developer. And it seems to me that if the Council wishes to control liquor licenses, the appropriate way to do it is to have some sort of a zoning overlay which establishes areas where they will be legal and establishes other areas where they will not be legal, But basically you're in the position of saying you are going to regulate this one little parcel of land in a different manner than every other parcel developed previously on Main Street., has been regulated,. And it seems to me that a very good argument could be made against us with regard to our possibly protecting the existing buisnesses that are on Main Street by trying to ~ exclude this one. Also pointing out the fact that we have in fact bent over backwards for some immediately previous cases to remove the City's objection to a beer and wine license and allow people to go forward and get a beer and wine license. And I think that it is not fair nor is it appropriate, ner is it probably legal to proceed in this manner on a land use mction. Now 3 or 4 weeks ago, when they need a variance, I couldn't have made :that argument because a variance allows for a wide latitude of discretionary acts on the part of the body judging the variance or the conditional use permit. But they have now redesigned their project according to our requests, they have brought it completely within all of the regulations 12-A (Reed con't)c of the City. They don't need a variance and they don't need a conditional use permit. They have a legal project here. And we're trying to stick them with. conditions that we haven't stuck. anybody else with., And I d.on"t think that will stand up in court and I can't vote for this - the way you've got i . ATTORNEY: It is the opinion of the City Attorney's office that the conditions in this case a.re legal and. appropriate. What the developer is required to secure, is an interim development permit. One of the findings in adopting Ordiance 1251 wa.s the necessity to protect the public peace, health., safety and welfare. The record before the City Council which consists of a memorandum from the Chief of Police indicates a serious and significartt public safety concern because of the. location of this project on the border b.etwePn Venice and Santa Monica. The fact that Venice area, south of SM borders, does have a crime rate. There are a number of legitimate a.nd reasonable concerns concerning public safety. And it certainly i.s not inapprapriate for the City of Santa Monica in the context of granting a discretionary permit, to impose reasonable cond.itions.in order to avoid significant public safety concerns that the Police Dept, in lx&a~~xh~acx the City has. And therefore, the conditions are within the Police. power of the City of SM. The equal protection argument we don't think. has any merit. liand use decision are constantly changing in response to changing circumstances. The fact that one property owner may have been permitted. to build a. en story building, 10 years ago, and a current property owner can only build a si_x story building doesn't. indicate that there is a violation of equal protection. What it indicates is that govt through the constant evolutionary process of decision making is responding to different concerns at different points in times and the concerns that. the Chief of Police has on this. project is a public safety concern. And it would appear to be within the Counci 's discretion if it so desires to impose conditions. ZANE: I have been - was inititally supportive of the notion of this project. I think that the memorandum from the Chief has convinced me that the conditons suggested by Staff are appropriate and I intend to support the staff recommendation. JENN, INGS__ I'll move an amendment to the motion ;to delete condition number 3 relating to hours of operation. .-~:-..-e ~~~~-<4-, ~-"" ~ ~- ---- YG: second. CM Edwards. ~ ~~`"','~'""~- . %J ~ED~~ry`u ncerned about the Chi.ef's letter -s omeone who I respect very much.. And there is the unique problem of it being right on the border. I think it's misleading to get into a discussion about the quality of the wine as if that's an issue. I think. what Mr. Schonlau will probably be informing us of in a few minutes is that substance abuse is not limited merely to those who are homeless and have a taste for thunderbird. .It's a problem in all parts of the City. It's a problem on the northside 12-A -Mayor moved to'continue with 12-A ... to beginning pf 12-A YG: The next item is 12-A CLERK: Appeal from the decision of the Planning Comm. to grant...... MANAGER: CM - we have the 11 items that you passed by.... ~G: My intent was to do them last, but if you..,. MANAGER: If we could postpone 11-B til next week, and action on 1-C we would hope would be perfunctoxy and we could get that out of he way. And my hope is that would also be the case with 11-D since that item has already been acted on by the Council previously and we're simply dealing with the contract. So, .... YG: City Attorney, there are no people who wish to speak on item 11-C and D - can we just vote them? Councilmembers - is it agreeable - we will hear items 11-C $ D and postpone 11-B, ED4VARDS: Are there people here to speak on those items. YG: No. EDWARDS:? If the Staff's concern is that we don't get to them, we should just commit ourselves to get to them and take the items that have public comment first. YG: I move that we continue with 12-A and get back to the others later. ZANE OR EDWARDS: second (sorry - can't tell on second - could be anyone) YG; All those in favor. Unanimous. 12-A ---