SR-830913-12A
C/~~D:JL:nh
Council b1tg: August 23, 1983
Santa i•4onica, California
AUG 2 3 1983
l~-
TO: Mayor and City Council
FROM: City Staff
SEP 13 P983
SUBJECT: Appeal from Planning Commission action to retain conditions
imposed by City Council on Interim Development Permit 083
for Poi-T-Mart, 3102 Main Street.
Introduction
This is an appeal from the Planning Commission action supporting
conditions imposed by the City Council in granting an Interim
Development Permit for a convenience market at 3102 A4ain Street.
Background
On June 21, 1982 the Planning Commission granted Development
Review Permit 083 for construction of a convenience market at
3102 Main Street in the CM District. This approval was appealed
on the basis of non-conformance with the Main Street Plan. On
July 27, 1982, the City Council denied the appeal and granted an
Interim Development Permit to Michael Toumajian with several
conditions. Two of the conditions--no alcoholic beverages or
24-hour operation--were unacceptable to the applicant who had
proposed instead to eliminate the sale of so called "cheap" wine
and to provide such security measures during the late night hours
as might be required by the Police Chief. The Alcoholic Beverage
Control board eventually granted a liquor license prohibiting the
sale of wine costing less than $2.00 per 750 ml bottle. On June 7,
1983 the City Council referred the two conditions to the Planning
Commission for public hearing and recommendation.
On July 11, 1983, following public hearing, the Commission
AUG 2 3 1983
unanimously approved by a vote of 6-0 a recommendation that the
two conditions be retained. SEP 13 ~~
Mayor and City Council -2- August 23, 1983
On August 15, 1983, the Planning Commission approved the following
findings in support of the recommendation:
1. Michael Toumajian filed an application for Interim
Development Permit DR 083 pursuant to Ordinance 1251 (CCS).
The Development Permit was for construction of a 2 story,
5,400 square foot commercial building on a vacant 9,300
square foot site at 3201 Main Street located at the southwest
corner of Main Street and Marine Street. The proposed use of
the building includes a 2,418 square foot mini-market and a
713 square foot store on the ground floor in addition to a
1,660 square foot office space on the second floor.
Mayor and City Council
-3-
August 23, 1983
2. The proposed development site is located within the
,ecial Main Street Commercial District (CM) as set forth in
Section 9119 of the Municipal Code.
3. Interim Development Permit DR 083 was conditionally
approved on July 27, 1982, after appeal to the City Council.
The conditions for approval included the following:
(a) Construction will be in accordance with
approved plans as modified by the Architectural Review Board;
(b) Not less than 40$ of the structure be devoted
to a convenience market offering a full line of grocery items
including fresh fruits and vegetables;
(c) Hours of operation limited to 6:00 a.m. to
12:00 p.m.;
(d) No liquor to be sold from the premises;
(e) No vending machines, electronic or video games
or amusement devices on the premises;
(f) Street trees be planted along both street
frontages;
(g) Assessment of a development fee of $34,252.20
pursuant to Resolution 6385 (CCS). Collection of this fee is
deferred pending the outcome of the lawsuit in the case of
United Brotherhood of Carpenters and Joiners of America, et.
al. v. City of Santa Monica.
4. The applicant proposed to the City Council that
conditions (c) and (d) be modified. The City Council
refer. red the proposed modificiations to the Planning
Commission.
DSayor and City Council -4- August 23, 1983
5. On July 11, 1983, the Planning Commission conducted
a public hearing to consider modifications to conditions (c,)
and (d). At the conclusion of the public hearing, the
Planning Commission voted unanimously to retain the two
conditions.
6. James F. Keane, Chief of Police of the Santa Monica
Police Department, has indicated Police Department opposition
to the development of the proposed Mi-T-Mart.
Chief Keane notes that due to the location of the
establishment on the the border of Santa Monica and Venice
(City of Los Angeles), the Mi-T-Mart would be an "attractive
target" for robbers who could frustrate effective law
enforcement pursuit across the jurisdictional border.
7. Chief Keane has further noted that the proposed
development site "abounds with alcoholic vagrants" and that
any establishment that is open after 2:00 a.m. and stocks
alcoholic beverages "is inviting problems from customers who
are under the influence, and wish to continue drinking."
8. The proposed development site is located within two
blocks of several large and active public drinking
establishments including the Oar House, S9illie Tiffany's, the
Circle Bar, the Famous Enterprise Fish Company and the Pink
Elephant. These bars have already created a chronic law
~nf~rcement problem due to patrons leaving these
establishments after closing hours-and creating disturbances
in the adjacent residential community. This existing problem
Mayor and City Council -5- August 23, 1983
would be greatly exacerbated if such patrons could purchase
additional alcoholic beverages from the Mi-T-Mart.
9. There is neighborhood concern that an on-premise
security guard will not be effective in reducing crime and
may actually increase the risk to the community. The
potential for such problems was recently illustrated by the
murder of the security guard which occured at the 7-11 store
on Lincoln Boulevard in Venice.
10. Due to the serious nature of these crime problems
it is found that existing police and life-safety services
would be inadequate to accomodate the foreseeable increase in
criminal activity which would result from the .sale of
alcoholic beverages from the proposed Mi-T-Mart. A
prohibition against the sale of alcoholic beverages is a
necessary condition for approval to enable a finding pursuant
to Section 6(c)(3) of Ordinance 1251 (CCS} that existing
protective services will be adequate to accomodate the
anticipated results of the proposed development.
11. A prohibition against the sale of alcoholic
beverages is necessary to ensure that the development of the
proposed Mi-T-Mart will be consistent with the health and
safety of the community and that adequate provisions are made
for the protection of the interests of the adjoining
residential community.
12. The 24 hour operation of the proposed Mi-T-Mart
when combined with stocking alcoholic beverages would present
serious crime problems as noted above. Due to these problems
P4ayor and City Council -6- August 23, 1983
it is found that existing police and protective services
would be inadequate to accomodate the foreseeable increase in
criminal activity which would result from the 24 hour
operation of the proposed Mi-T-Mart. A restriction on the
hours of operation is a necessary condition for approval to
enable a finding pursuant to Section 6(c)(3) of Ordinance
1251 (CCS) that existing protective services will be adequate
to acconodate the anticipate results of the proposed
development.
13. The City of Santa Monica is in the process of
revising the Land Use Element of its General Plan in
accordance with the standards and procedures set forth in
Section 65300 et seq. of the Government Code. The City has
employed consultants to assist in this process. The land use
consultants have recommended that the Land Use Element
include policies for mitigating the negative impacts of 24
hour commercial establishments throughout the City. At the
present time the land use consultants are uncertain what
specific mitigation. measure they will recommend.
14. Unless necessary mitigation measures are
incorporated into the design of this project, an important
commercial parcel will be irrevocably committed to a use that
may be inconsistent with public health, safety and welfare.
T^ lieu of such mitigation measures, the approval of the
Mi-T-Mart for a 24 hour operation at the present time would
prejudice the ability of the City to adopt a revised land use
element. A restriction on the hours of operation is a
Mayor and City Council -7- August 23, 1983
necessary condition for approval so that a finding can be
made pursuant to Section 6(c)(5) of Ordinance 1251 (CCS) that
the proposed development will not prejudice the ability of
the City to adopt a revised land use element.
15. During public hearings before the Planning
Commission and City Council there was considerable public
testimony which reflected strong neighborhood opposition to
the 24 hour operation of the Mi-T-Mart. The City has
consistently denied or conditioned approval of other markets
throughout the City based upon articulated neighborhood
concerns. As set forth in Section 1(n} of Ordinance 1251
(CCS), one of the purposes of revising the Land Use Element
is to ensure that zoning is consistent with the needs of the
community. A restriction on the hours of operation of the
Mi-T-Mart is a necessary condition so that a finding can be
made pursuant to Section 6(c)(1) of Ordinance 1251 (CCS) that
the development is consistent with the findings and purposes
of Ordinance 1251 (CCS).
16. Section 9119 of the Municipal Code establishes a
special CM zone for the Main Street Commercial District.
Section 9119(2) provides that the legislative intent in
creating the CM zone was to encourage:
improvements of low to moderate scale
which will continue to be compatible
with nearby commercial and
residential uses and to encourage a
variety of commercial and residential
Mayor and City Coundl~- -8- ~. 3ust 23, 1983
uses which will provide a balanced
supply of goods and services
consistent with the historical
pattern.
17. The 24 hour operation of the proposed Mi-T-rYart is
incompatible with neighborhood commercial and residential
uses. A restriction on the hours of operation is a necessary
condition for approval so that a finding can be made pursuant
to Section 6(c)(4) of Ordinance 1252 (CCS) that the proposed
development will comply with existing regulations in the
Municipal Code.
On July 15, 1983, the Commission's action was appealed by the
applicant.
Staff Analysis
Responding to the concerns raised by the Planning Commission and
the City Council, the applicant has proposed the following changes
to his project as originally presented:
- Provided an alternate site plan which brings the
proposed project into conformance with zoning and the
Main Street Plan including parking requirements;
- Offered to close the proposed convenience store between
the hours of 2:00 a.m. and 6:00 a.m.;
- Agreed to provide a number of security measures in the
project design and on-site security guards as directed
by the Chief of Police if he finds the location a crime
problem;
- Agreed to the conditions of the Alcoholic Beverage
Control Type 20 license that there be no wine selling
for less than $2.00 per 750 ml. bottle.
' Mayor and City Counc -9- ' .gust 23, 1983
It is the opinion of the planning staff and the City Attorney's
office that the City has no legal basis on which to deny this
permit with recommended amended conditions.
Alternatives
Under the provisions of Ordinance 1251 (CCS) the City Council may
affirm, reverse or modify any action of the Planning Commission
in the matter of an appeal.
Recommendation
Staff recommends that the City Council approve the amendments to
Development Review Permit 083 in that other mechanisms to ensure
the intent of the original conditions have been developed.
The Alcoholic Beverage Control condition will address the issue
raised by the Chief of Police that the sale of "cheap alcoholic
beverages" would aggravate Iaw enforcement problems in an area
abounding in alcoholic vagrants, while still allowing the Mi-T-
i4art to offer packaged beer and wine in addition to their line of
food and other non-alcoholic products for the convenience of
regular customers.
By addressing the problem of security .through the applicant's
proposal for reduced hours and a security plan developed in
cooperation with the police department, the City will resolve
security problems.
Mayor and City Council -10- August 23, 1983
The recommended amendments read as follows:
1. Conditions 3 and 4 of the original approval be deleted;
2. That the following new conditions be added:
a. That the applicants submit for the approval of the
Chief of Police a security plan which includes
measures for on-site security personnel when deemed
necessary by the Chief of Police, and physical de-
sign features for crime prevention.
b. That the applicants comply with the provisions of
Alcoholic Btverage Control License Type 20, with the
condition that there shall be no sales of wine cost-
ing less than $2.00 per 750 ml. bottle.
c. That the proposed convenience store be closed
between the hours of 2:00 a.m. and 6:00 a.m. daily.
It is further recommended that the Architectural Review Board be
directed to give special attention to ensure that proper
provision is made in the site plan for trash receptacles.
Prepared by: Mark Tigan, Director
Department of Community & Economic Development
James W. Lunsford, Director, Planning & Zoning Division
Department of Community & Economic Development