City of Culver City, California
City Council Agenda Item Report
RECOMMENDATION:
Staff recommends the City Council consider the appeal of the Director’s approval of
the Administrative Use Permit and either:
A. Deny the appeal and uphold the Director’s approval of the Administrative Use
Permit;
OR
B. Grant the appeal, in part, and modify the Director’s approval of the Administrative
Use Permit by imposing additional conditions;
OR
C. Grant the appeal in its entirety, overturn the Director’s approval, and deny the
Administrative Use Permit.
PROCEDURE:
1. Mayor calls on staff for a brief staff report and Council poses questions to staff as
desired.
2. Mayor seeks a motion to open the public hearing, providing the applicant the first
opportunity to speak, followed by the general public.
3. Mayor seeks a motion to close the public hearing after all testimony has been
presented.
Meeting Date: 6/8/2009 Item Number: PH-1
Agenda Item: Public Hearing - An Appeal of an Administrative Use Permit for the
Off-Sale of Beer And Wine Incidental to a Proposed 7-Eleven Convenience Store
Located at 5900-5902 Washington Boulevard, and Adoption of a Resolution
Related Thereto.
Contact Person/Dept.: Thomas Gorham,
Christina Rios/CDD
Phone Number: (310) 253-5727
(310) 253-5756
Fiscal Impact: Yes [X] No [] General Fund: Yes [] No [X]
Public Hearing: [X] Action Item: [] Attachments: [X]
Public Notification: Notices mailed to all property owners and occupants within a 500-
foot radius of the project site (5/14/09); Master E-Mail Notification List (6/03/09);
Applicant and property owner (5/14/09).
Department Approval:
Sol Blumenfeld (06/2/09)
City Attorney Approval:
Carol Schwab (by H. Baker)(06/03/09)
Chief Financial Officer Approval:
Jeff Muir (by N. Kimball)(06/03/09)
City Manager Approval:
Mark Scott (06/03/09) City of Culver City, California
City Council Agenda Item Report
4. Council discusses the matter and arrives at its decision.
BACKGROUND:
The proposed Administrative Use Permit (AUP) is a request to sell beer and wine
incidental to a new 7-Eleven convenience store. The store is proposed to be located
in an existing small retail center on the southwest corner of Washington and La
Cienega Boulevards in the East Washington (EW) Overlay Zone and would occupy
approximately 2,500 square feet of tenant space.
The primary convenience store use is a permitted use in the EW zone and the
proposed use, off-sales of beer and wine incidental to a convenience store, is
allowed within the subject zoning district with the approval of an AUP subject to
required findings. The proposed use was found to be consistent with the Zoning
Code standards and regulations and with the General Corridor General Plan
designation.
Chapter 17.530 of the Zoning Code establishes procedures for reviewing
Administrative Use Permits and provides that such permits be reviewed for
compatibility, configuration, design, location and potential impacts of the proposed
uses and suitability of the use to the site and surrounding uses. Generally, the
types of uses that are subject to administrative approval are noted in the permitted
use list for the applicable zone or in the subject case for alcohol sales, in Chapter
17.400.015 (IG), underlying zone in East Washington Overlay Zone.
In order to grant an approval for an Administrative Use Permit, the Director or his
designee must make all of the following findings:
1. The proposed use is allowed within the subject zoning district and the approval of
the Administrative Use Permit complies with all other applicable provisions of this
Title and the CCMC.
2. The proposed use is consistent with the General Plan and any applicable
Specific Plan.
3. The design, location, size and operating characteristics of the proposed use are
compatible with the existing and future land uses in the vicinity of the subject site.
4. The subject site is physically suitable for the type and intensity of use being
proposed, including access, compatibility with adjoining land uses, shape, size,
provision of utilities, and the absence of physical constraints.
5. The establishment, maintenance or operation of the proposed use will not be
detrimental to the public interest, health, safety or general welfare, or injurious to City of Culver City, California
City Council Agenda Item Report
persons, property, or improvements in the vicinity and zoning district in which the
property is located.
During the AUP comment period, staff received comments of concern mainly from
nearby businesses including a petition from the east Culver City business owners
opposing the approval of alcohol sales (Attachment 3). Their concerns are briefly
summarized below:
• Increase in alcohol sales will result in crime.
• Increase in crime will require the City to invest more time and funding for police
force.
• Alcohol sales will cause a nuisance in the retail center parking lot.
On April 3, 2009, an AUP was approved for the off sales of alcoholic beverages
incidental to a new 7-Eleven convenience store after determining that the required
findings could be made.
Attachment No. 1 contains the AUP Decision Letter and discusses the findings and
conditions of approval.
The AUP is conditioned to ensure compatibility with the surrounding uses and the
following special conditions of approval are included to address potential nuisance
issues:
• Consumption of alcohol on the premises shall be strictly prohibited. Signage
shall be posted at the project site prohibiting alcohol consumption on the
premises and shall be visible to the public.
• There shall be no exterior advertising or sign of any kind, including advertising
directed to the exterior from within, promoting or indicating the availability of
alcoholic beverages. Interior displays of alcoholic beverages or signs which are
clearly visible to the exterior shall constitute a violation of this condition.
• All windows shall be maintained reasonably free of signs and other material
which would inhibit views into the facility.
• The subject facility, including the parking lot, shall be maintained in an attractive
condition and be kept free of trash and debris at all times.
• Exterior lighting on the building shall be maintained and provide sufficient
illumination of the immediate vicinity so as to render objects or persons clearly
visible. Said lighting shall be directed in such a manner so as to not illuminate
any nearby properties.
• Electronic age verification device(s) shall be installed on the premises which are
used to determine the age of any individual attempting to purchase alcohol. City of Culver City, California
City Council Agenda Item Report
These devices shall be maintained in an operational condition and all employees
shall be instructed in their use.
• At any time during the period of validity of this permit, should documented
evidence be submitted showing continued violation of any condition of this
permit, resulting in an unreasonable level of disruption or nuisance to the
neighboring properties, the Deputy Community Development Director reserves
the right to revoke or modify the Administrative Use Permit as outlined in Culver
City Municipal Code (“CCMC”) Section 17.660.015 A.
• A Covenant and Agreement shall be signed and notarized prior to the business
tax certificate issuance certifying the property owner acknowledges and agrees
the covenant and agreement shall run with the land and shall be binding on any
subsequent owners, heirs or assigns.
The AUP approval was based on the determination that the proposed use, off-sales
of beer and wine incidental to a convenience store, will serve the community and is
compatible with the existing surrounding commercial uses. The subject site does not
immediately abut any residential properties and the project site is found to be
physically suitable for the proposed use. Staff prepared an analysis of the
surrounding uses and found that there were no similar uses in the immediate vicinity
(within 300 feet) of the proposed project.
In making the mandatory findings, staff determined that:
1. The primary convenience store use is a permitted use in the EWO and IG zone.
The proposed use, off-sales of beer and wine incidental to a convenience store, is
allowed within the subject zoning district with the approval of an Administrative Use
Permit (AUP) subject to required findings. The required findings to approve the AUP
have been made herein. The proposed use as conditioned will comply with all other
applicable provisions of Title 17- Culver City Zoning Code and the CCMC.
2. The proposed use, off-sales of beer and wine incidental to a convenience store,
is consistent with the General Corridor General Plan designation which promotes
small commercial establishment that serve the community. The proposed use will
provide basic shopping opportunities for the nearby commercial tenants, commuters
and the nearby residential neighborhood. There is no Specific Plan for this area.
3. There is a variety of commercial uses surrounding the project site and within the
retail center that the project is located. The subject site does not immediately abut
any residential properties and does not have direct access to any residential
neighborhoods. The closest residential uses are over 300 feet away to the west
across Ballona Creek. The project has been conditioned to ensure compatibility with
the neighborhood and future land uses in the vicinity of the subject site. Should City of Culver City, California
City Council Agenda Item Report
unexpected negative impacts arise from the conduct of the proposed use, this
Administrative Use Permit may be subject to revocation or modification as deemed
necessary. Improvements to the site including landscaping, parking, and façade
were previously approved through a building permit. The interior improvements for
the convenience store will be reviewed through a building permit and will meet all
current building, zoning, and fire codes.
4. The 7-Eleven convenience store will be located in a small retail center that
includes Pizza Hut, an optometry office, and a salon which are uses commonly
found in a small retail center. The proposed convenience store will occupy
approximately 2,500 square feet of tenant space and tenant improvements for the
space will be reviewed separately. The retail center requires 20 on-site parking
spaces pursuant to the Zoning Code and 28 on-site parking spaces are being
provided. The project site is compatible with surrounding commercial uses and is
found to be physically suitable for the proposed use subject to compliance with the
conditions of approval contained herein.
5. The applicant is requesting to sell alcohol (beer and wine) incidental to a
convenience store that would serve those who live and work nearby and permit them
to patronize a neighborhood establishment rather than driving elsewhere. The
convenience store will also offer packaged groceries, prepared food, and essential
products used for daily living.
The proposed use will serve the public convenience and welfare and as cited is
compatible with the character of the surrounding uses. The conditions of approval
will ensure that the operation of the convenience store including off-sales of beer
and wine will not be detrimental to the public interest, health, safety, or general
welfare, or injurious to persons, property, or improvements in the vicinity and zoning
district in which the property is located.
On April 6, 2009, Councilmember Armenta requested an opportunity to discuss the
decision with the Council to consider an initiation of appeal. With the consent of the
City Council, the item was placed on the agenda for the City Council’s consideration
of whether or not to initiate an appeal of the Director’s decision to approve the AUP.
Pursuant to Zoning Code Section 17.500.010 Table 5-1 Review Authority
(Attachment No. 6), the City Council has the authority to act on appeal of an
Administrative Use Permit
DISCUSSION:
At the April 20, 2009 City Council meeting, after thorough discussion, some of the
Council Members expressed concerns over crime at existing convenience/liquor City of Culver City, California
City Council Agenda Item Report
stores in the City, over concentration of alcohol sales in the area, and impacts to
nearby schools and surrounding neighborhoods. The Council determined to initiate
an appeal of the AUP approval.
The City Council requested information on crime data at existing convenience stores
and number of licenses allowed by the State Department of Alcohol Beverage
Control (ABC).
The Culver City Police Department confirmed there has been a total of 5 attempted
robberies and robberies at the two existing 7-Eleven convenience stores on
Washington Boulevard and one robbery at the existing ARCO AM/PM, adjacent to
the project site, within the past 2 years. No injuries were reported.
Currently there are 5 establishments along Washington Boulevard between
Sherbourne and La Cienega with off-sale licenses including one convenience store,
one market, one bar and two liquor stores (Attachment 2).
A separate permit for the proposed alcohol sales at the 7-Eleven is required from
ABC, which has the authority to add additional conditions and restrictions on the
license.
The subject site is surrounded by commercial and industrial uses and does not
immediately abut any residential properties. The closest residential uses are over
300 feet away. The nearest school and park is more than 1,000 feet away.
At the Council meeting, the property owner and applicant stated the project meets all
of the required findings necessary to support approval of an AUP because of the
following:
• The proposed use of alcohol sales is incidental to a convenience store and is
surrounded by a variety of commercial uses.
• The proposed convenience store will serve the community and provide basic
shopping needs.
• The project site does not immediately abut any residential properties, schools,
or parks.
• The conditions of approval will ensure that the proposed operation is compatible
with the surrounding neighborhood.
The applicant also stated a training program will be implemented for the safe and
legal sale of alcoholic beverages. This includes, preventing on-premises
consumption, sales to minors and to anyone intoxicated.
City of Culver City, California
City Council Agenda Item Report
In the event that the Council determines that it wants to modify the staff
recommendation it may wish to include a condition requiring the AUP to be
reviewed by staff 6 months and then 1 year from date of opening or operation and
report to the Planning Commission and City Council on any violations related to the
use. Further the Council may consider limiting the hours during which alcoholic
beverages could be sold. As outlined in the current conditions of approval, if any
violations are found the AUP may be called back for reconsideration and the AUP
may be modified or revoked pursuant to Chapter 17.660 of the Zoning Code.
Pursuant to CCMC Section 17.640.030.C.2, if the Council determines to grant the
appeal, it should be based upon an error in fact, dispute of the findings made in the
approval of the AUP or inadequacy of the conditions imposed to mitigate potential
impacts.
FISCAL IMPACT:
This is a private venture project with no City or Agency funds reserved for the
project. If appeal is denied and the Director’s approval is upheld, then the City would
gain commercial taxes once the project is operational. The use may generate
additional City costs in the event that there are emergency services call outs to the
site.
ATTACHMENTS:
1. April 3, 2008 AUP Decision Letter
2. Map of Existing Liquor Sales
3. Written Public Comments
4. Draft Resolution No. 2009-R___ Denying the Appeal
5. Draft Resolution No. 2009-R___ Granting the Appeal
6. CCMC Section 17.500.010 Table 5-1 Review Authority
MOTION:
That the Council either:
A. Adopt a Resolution denying the appeal and upholding the Director’s approval of
the Administrative Use Permit for the off-sales of beer and wine incidental to a
proposed 7-Eleven convenience store;
City of Culver City, California
City Council Agenda Item Report
OR
B. Adopt a Resolution granting the appeal, in part, and modifying the Director’s
approval of the Administrative Use Permit by imposing additional conditions as
determined by the City Council;
OR
C. Adopt a Resolution granting the appeal, in its entirety, overturning the Director’s
approval and denying the Administrative Use Permit for the off-sales of beer and
wine incidental to a proposed 7-Eleven convenience store.
MEETING DATE: 06.08.2009
AGENDA ITEM: PUBLIC HEARING ON THE APPEAL OF AN
ADMINISTRATIVE USE PERMIT FOR THE OFF-SALE OF BEER AND WINE
INCIDENTAL TO A PROPOSED 7-ELEVEN CONVENIENCE STORE
LOCATED AT 5900-5902 WASHINGTON BOULEVARD.
ATTACHMENTS
1. April 3, 2009 AUP Decision Letter
Pages
1-5
2. Map for Existing Liquor Sales|1010|3. Written Public Comments 7-16
4. Draft Resolution No. 2009-R Denying Appeal 17-20
5. Draft Resolution No. 2009-R Granting Appeal 21-22
6. CCMC Section 17.500.010 Table 5-1 Review Authority 23FAX (310 253-5721
PLANNING DIVISION
THOMAS GORHAM
DEPUTY COMMUNITY
DEVELOPMENT DIRECTOR
9770 CULVER BOULEVARD, CULVER CITY, CALIFORNIA 90232-0507
April 3, 2009
Anil Ali
2637 33rd Street
Santa Monica, CA 90405
NOTICE OF DECISION: ADMINISTRATIVE USE PERMIT, AUP P-2009009
5900-5902 Washington Boulevard in the East Washington Overlay (EWO) zone and the
Industrial General (IG) zone.
Dear Mr_ Anil:
This letter is to inform you that we have approved your Administrative Use Permit, AUP P-
2009009, subject to conditions of approval for the off-sales of beer and wine incidental to a
proposed new 7-Eleven convenience store located at 5900-5902 Washington Boulevard
within a retail center.
Request and Background
Culver City Municipal Code (CCMC) Title 17 - Zoning, Section 17.400.015 requires an
Administrative Use Permit (AUP) to sell alcoholic beverages incidental to a convenience
store that is located in the Industrial General Zoning District and within 300 feet of
residentially zoned property. The underlying EWO and 1G zone standards and general
regulation standards apply.
On February 26, 2009, notification of the administrative pending decision of this application
for beer and wine sales incidental to a 7-Eleven convenience store, and invitation to submit
comments was sent to property owners and occupants within 500-feet of the proposed
convenience store.
Several comments were received expressing concern regarding the number of existing
businesses that sale alcohol in the area. Business license and Alcoholic Beverage Control
records show that there are currently four convenience/liquor stores on Washington
Boulevard between National Boulevard and Fairfax Avenue that sell alcohol. This does not
include restaurants or bars. Other comments received were related to potential crime and
loitering in the proposed convenience store parking lot. The Culver City Police Department
reviewed the application and had no objections or comments. In addition, there have not
been verified nuisances related to alcohol sales at the two existing 7-Eleven convenienceAdministrative Use Permit AUP P-2009009
5900-5902 Washington Boulevard
Page 2 of 5
ATTACHMENT 1
stores in the city and conditions have been placed on the proposed operation to address
loitering in the parking lot of the retail center and noise impacts to the neighbors.
Alcoholic beverages (beer and wine) are typical products sold at 7-Eleven convenience
stores along with packaged groceries, prepared food, and essential products used for daily
living. Conditions of Approval contained herein will ensure that the applicant conducts the
use with due regard to the character of the neighborhood_ In addition, the conditions
contain provisions for revocation or modification of the permit if unexpected problems linked
to the proposed use occur.
The administrative decision herein was reached after closure of the comment period.
Findings
The following necessary findings for an AUP have been made pursuant to Zoning Code
Section 17.530.020:
1. The proposed use is allowed within the subject zoning district with the approval of
an Administrative Use Permit and complies with all other applicable provisions of
this Title and the GCMG.
The primary convenience store use is a permitted use in the EWO and 1G zone. The
proposed use off-sales of beer and wine incidental to a convenience store, is allowed
within the subject zoning district with the approval of-an Administrative Use Permit (AUP)
subject to required findings. The required findings to approve the AUP have been made
herein. The proposed use as conditioned will comply with all other applicable Provisions of
Title 17- Culver City Zoning Code and the Municipal Code.
2_ The proposed use is consistent with the General Plan and any applicable Specific
Plan.
The proposed use, off-sales of beer and wine incidental to a convenience store, is
consistent with the General Corridor General Plan designation which promotes small
commercial establishment that serve the community. The proposed use will provide basic
shopping opportunities for the nearby commercial tenants, commuters and the nearby
residential neighborhood. There is no Specific Plan for this area.
3. The design, location s
size, and operating characteristics of the proposed use are
compatible with the existing and future land uses in the vicinity of the subject site.
There is a variety of commercial uses surrounding the project site and within the retail
center that the project is located. The subject site does not immediately abut any residential
properties and does not have direct access to any residential neighborhoods. The closest
residential uses are over 300 feet away to the west across Ballona Creek. The project has
been conditioned to ensure compatibility with the neighborhood and future land uses in the
vicinity of the subject site. Should unexpected negative impacts arise from the conduct of
the proposed use, this Administrative Use Permit may be subject to revocation or
modification as deemed necessary. Improvements to the site including landscaping,
2Administrative Use Permit AUP P-2009009
5900-5902 Washington Boulevard
Page 3 of 5
ATTACHMENT 1
parking, and facade were previously approved through a building permit_ The interior
improvements for the convenience store will be reviewed through a building permit and will
meet all current building, zoning, and fire codes.
4. The subject site is physically suitable for the type and intensity of use being
proposed, including access, compatibility with adjoining land uses, shape, size,
provision of utilities, and the absence of physical constraints.
The 7-Eleven convenience store will be located in a small retail center that includes Pizza
Hut, an optometry office, and a salon which are uses commonly found in a small retail
center. The proposed convenience store will occupy approximately 2,500 square feet of
tenant space and tenant improvements for the space will be reviewed separately. The retail
center requires 20 on-site parking spaces pursuant to the Zoning Code and 28 on-site
parking spaces are being provided. The project site is compatible with surrounding
commercial uses and is found to be physically suitable for the proposed use subject to
compliance with the conditions of approval contained herein.
5. The establishment, maintenance or operation of the proposed use will not be
detrimental to the public interest, health, safety, or general welfare, or injurious to
persons, property, or improvements in the vicinity and zoning district in which the
property is located.
The applicant is requesting to sale alcohol (beer and wine) incidental to a convenience
store that would serve those who live and work nearby and permit them to patronize a
neighborhood establishment rather than driving elsewhere. The convenience store will also
offer packaged groceries, prepared food, and essential products used for daily living.
The proposed use will serve the public convenience and welfare and as cited is compatible
with the character of the surrounding uses. The conditions of approval will ensure that the
operation of the convenience store including off-sales of beer and wine will not be
detrimental to the public interest, health, safety, or general welfare, or injurious to persons,
property, or improvements in the vicinity and zoning district in which the property is located.
Conditions of Approval
Planning
Based upon the above findings, and on authority found in Zoning Code Section 17.530.025,
Administrative Use Permit, AUP P2009009, is hereby approved, subject to the following
conditions:
1. The proposed use shall comply with all applicable provisions of the Culver City Zoning
Ordinance and the Culver City Municipal Code (CCMC).
2. This Administrative Use Permit shall be valid for beer and wine sales only incidental to
the convenience store. There shall be no sale of hard liquor_
3Administrative Use Permit AUP P-2009009
5900-5902 Washington Boulevard
Page 4 of 5
ATTACHMENT 1
3. The convenience store shall operate with regard for the character of the surrounding
neighborhood, and the right is reserved to the Deputy Community Development Director
to impose additional corrective conditions, if, in the Deputy Community Development
Director's opinion, such conditions are proven necessary for the protection of persons in
the neighborhood or occupants of adjacent properties.
4. All graffiti on site shall be removed or painted within over to match the color of the
surface to which it is applied within 24 hours of its occurrence.
5. Consumption of alcohol on the premises shall be strictly prohibited_ Signage shall be
posted at the project site prohibiting alcohol consumption on the premises and shall be
visible to the public.
6. There shall be no exterior advertising or sign of any kind, including advertising directed
to the exterior from within, promoting or indicating the availability of alcoholic beverages.
Interior displays of alcoholic beverages or signs which are clearly visible to the exterior
shall constitute a violation of this condition_
7. Beer and wine may only be sold daily between the hours of 6:00 a.m. and 2:00 a.m.
8. The applicant shall be responsible for discouraging loitering on the subject property.
9. Any new sign(s) shall comply with the provisions of Zoning Code Section 17.330 and
shall be approved by the Planning Division.
10.AII windows shall be maintained reasonably free of signs and other material which
would inhibit views into the facility.
11.The subject facility, including the parking lot, shall be maintained in an attractive
condition and be kept free of trash and debris at all times.
12. Exterior lighting on the building shall be maintained and provide sufficient illumination of
the immediate vicinity so as to render objects or persons clearly visible. Said lighting
shall be directed in such a manner so as to not illuminate any nearby properties.
13_ Electronic age verification device(s) shall be installed on the premises which are used to
determine the age of any individual attempting to purchase alcohol. These devices shall
be maintained in an operational condition and all employees shall be instructed in their
use.
14_ At any time during the period of validity of this permit, should documented evidence be
submitted showing continued violation of any condition of this permit, resulting in an
unreasonable level of disruption or nuisance to the neighboring properties, the Deputy
Community Development Director reserves the right to revoke or modify the
Administrative Use Permit as outlined in the Culver City Municipal Code Section
17_660.015 A.
4Administrative Use Permit AUP P-2009009
5900-5902 Washington Boulevard
Page 5 of 5
ATTACHMENT 1
15. A Covenant and Agreement shall be signed and notarized prior to the business tax
certificate issuance certifying the property owner acknowledges and agrees the
covenant and agreement shall run with the land and shall be binding on any subsequent
owners, heirs or assigns.
16.The project shall comply with all applicable CCMC noise regulations.
17. These conditions of approval shall be retained on the property at all times and shall be
produced immediately upon the request of the Planning Division, Police Department,
Code Enforcement Division, Building Safety Division or any other enforcement agency.
18. This Administrative Use Permit will expire if not used within one year after the date it
becomes effective, unless the applicant submits an extension request in writing, and is
granted the said extension by the Deputy Community Development Director. If the sale
of alcohol ceases for one year or more after this Administrative Use Permit becomes
effective, then this AUP will become null and void.
19.The applicant and property owner shall indemnify, defend and hold harmless the City,
and the City's elected and appointed officials, officers, employees, agents, contractors
and consultants from and against any and all claims, demands, lawsuits, judgments,
liability, injury or damage which may result from or arise in connection with third party
challenges to the City's approval of the project. Said indemnification shall be set forth in
a written instrument acceptable to the City Attorney.
Appeal
This administrative decision may be appealed in accordance with Title 17, Article 17.640,
Appeals, by any interested person, within 15 calendar days of approval, or by 5:30 P.M., on
April 20, 2009. If no appeal is filed by that date, the decision shall be final. If a timely
appeal is filed, we will notify you. If you have any questions, please contact Christina Rios,
Assistant Planner, at (310) 253-5756.
Sincerely,
Thomas Gorham
Deputy Community Development Director/Planning Manager
Copy: Decision Letter Binder
Case File
52400'
1800'
2100'
1500'
1200'
900'
600'
RADIUS MAP
Parcel
r• • bmai
city_bounclary
GIS PROGRAM
1 8636 WASHINGTON BLVD
CHRIS'S MARKET
2 8582 WASHINGTON BLVD
R & Z LIQUOR
3 8554 WASHINGTON BLVD
ALTENO BAR
4 6142 WASHINGTON BLVD
AL'S LIQUOR
5 5900-02 WASHINGTON BLVD
PROPOSED SITE
6 5884 WASHINGTON BLVD
AM/PMSPEISER CARD
CITY OF CULVER CITY
CITY COBOL
ATTACHMENT 3
Please Print
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;444Le 451
4tt ne— 4 Z.ix_A-214
__gz-7-2.e_ at. 77/ &i it
A
>"2, •(Continue on other side)
I agree 10 the Rules ol Decorum on the reverse side of this card.ATTACHMENT 3
Please ohserve these rules
when addressing the city Council
Then addressing the City Council, speakers will abide by the Rules of liecorurn as set forth in the Munkipal
Code [3.01.145(A)(2)], as well as rulings of the Mayor in support of respectful conduct and language. All
speakers must avoid disruptive activity. Any speaker, whose manner O f presentation disregards these basic
standards of propriety and accepted public speech, will be directed by the Mayor to cease.
Writtea Comments (continued):
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„iox) L--ATTACHMENT 3
TO: Christina Rios, Assistant Planner
Culver City Planning Division
P.O. Box 507
Culver City, CA 90232
FROM: Mark Amparan, President
Artex Mfg. Co. dba Nova Color
5894 Blackwelder St.
Culver City, CA 90232-7304
RECEIVED
MAR 04 2009
Culver City
P
lanning Division
Cell: 310-612-3719
Email: markamparan©earthlink.net
03-03-09 RE: AUP P-2009009 (7-Eleven; Anil Ali)
Dear Ms. Rios;
Please accept this as a follow-up to our email of 02-02-09.
We wish to renew our objection to the permit for alcohol sales at 5900 and 5902
Washington Blvd. The applicant is Anil All of Santa Monica.
We do not see any benefit to our community in having more alcoholic
beverages made available in our area. There are already too many alcohol-
related incidents of car accidents, domestic troubles, and addiction in our cities.
We think that adding to the availability of alcohol does not help in solving these
alcohol-related problems.
Thank you for your consideration of our comments.
e/
Mark Amparan
Artex Mfg. Co.
9ATTACHMENT 3
RECEIVED
February 2, 2009
FEB 1 6 - 2009
Mrs. Rios, Culver City
Plannin g
Division
We, the concerned business owners of East Culver City, would like to address the
authorization of a liquor/convenience store located at:
5900 and 5902
Washington Blvd.
Culver City, California
90232
The approval of an Alcoholic Beverage License in East Culver City would be a nuisance
and great detriment to the area for several reasons. We strongly believe that the city
must look in the best interest of our surrounding environment and take necessary
precautions to ascertain that East Culver City develops in positive ways.
East Culver City has an ample amount of Alcoholic Beverage Licenses. As concerned
business owners, we do not agree with the approval of an Alcoholic Beverage License in
our area With the increase in alcohol sales and distribution, come problems of public
drinking and crime, especially in this proposed location. Customers can drink in the
parking lot behind the Pizza-Hut, creating a nuisance. An increase in the crime rate
would mean that the city must invest more time and funding in the police force, to help
correct such problems in the area.
As the concerned business owners of Culver City, we are very pro-business and growth_
We strongly agree with, and are extremely proud of the vitalization that has taken place
in East Culver City; however, we are very much against the approval of any Alcoholic
Beverage Licenses in the area. We believe that the location should be used for a purpose
that can benefit our neighborhood in a much better way.
The type of development that takes place in East Culver City, will greatly impact the
direction our community is headed in. We must take the necessary steps to continue to
beautify East Culver City. The businesses in our area will shape our progress and
growth. We must ensure that the businesses that enter our community help us head in the
right direction.
Thank you for your cooperation.
Best Regards,
Concerned East Culver City Business Owners
10ATTACHMENT 3
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R6d1ttACHMENT 3
FEB
7N9
To Whom It May Concern: Culver Cit."
?tanning Div:slon
My name is Sammie Sayegh, and I own the property located at 5879 Washington Blvd, in
Culver City_
I strongly oppose the approval of an Alcoholic Beverage License for 5890-5892
Washington Blvd, Culver City.
Washington Blvd. is rapidly improving. Adding another Alcoholic Beverage License
will be a step backwards for our community, increasing crime in the neighborhood, and
promoting and condoning the use of alcoholic beverages.
East Culver City is so saturated with such licenses that the city should take measures to
reduce alcoholic beverage sales, not promote them. I strongly feel that another Alcoholic
Beverage License would not be healthy for my community.
Regards,
15Page 1 of 1
ATTACHMENT 3
Rios, Christina
From: Mark Amparan [markamparan@earthlink.net]
Sent: Monday, February 02, 2009 3:44 PM
To: Rios, Christina
Subject: AUP for alcohol sales; Anil All
Hello, Ms. Rios.
Please note our objection to the permit for alcohol sales at 5900 and 5902 Washington Blvd.
The applicant is Anil All of Santa Monica,
There is no positive benefit to our community in having more alcoholic beverages made
available in our area. There are already too many alcohol-related incidents of car accidents,
domestic troubles, and addiction. Why add to the supply of alcohol presently allowed?
Thank you for your consideration of our comments.
Mark Amparan
Artex Mfg. Co.
5894 Blackwelder St., Culver City 90232
markamparan@earthlink_net
16
02/05/2009ATTACHMENT 4
RESOLUTION NO. 2009-R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CULVER CITY,
CALIFORNIA DENYING AN APPEAL AND UPHOLDING THE DIRECTORS
APPROVAL OF AN APPLICATION FOR AN ADMINISTRATIVE USE PERMIT
FOR THE OFF-SALE OF BEER AND WINE INCIDENTAL TO A PROPOSED 7-
ELEVEN CONVENIENCE STORE LOCATED AT 5900-5902 WASHINGTON
BOULEVARD.
(Administrative Use Permit, AUP P-2009009)
WHEREAS, on January 21, 2009, Anil Ali, as the applicant, filed an
Administrative Use Permit (AUP) application for the off sale of beer and wine incidental to a
proposed 7-Eleven convenience store located at 5900-5902 Washington Boulevard in the
East Washington Overlay (EWO) zone and the Industrial General zone; and
WHEREAS, on February 26, 2009 notification of the pending administrative
decision of the AUP application for beer and wine sales incidental to a 7-Eleven convenience
store, and invitation to submit comments was sent to property owners and occupants within
500-feet of the proposed convenience store; and
WHEREAS, on April 3, 2009 following close of the required comment period, the
Administrative Use Permit, AUP P-2009009 was approved by the Director; and
WHEREAS, at the April 20, 2009 City Council meeting, after thorough
discussion, the Council determined by a vote of 3 to 2 to initiate an appeal pursuant to Zoning
Code Section 17.640.015 of the AUP approval; and
WHEREAS, on June 8, 2009, the City Council conducted a duly noticed public
hearing on the appeal of the Administrative Use Permit approval, fully considered the
application, plans, staff report, and all testimony presented and the City Council by a vote of
to denied the appeal upholding the approval of Administrative Use Permit, AUP P-
2009009.
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29ATTACHMENT 4
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CULVER CITY,
CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Pursuant to the foregoing recitations and the provisions of the
Culver City Municipal Code (CCMC) Section 17.530.020 required findings for an
Administrative Use Permit, subject to all conditions of approval contained the Notice of
Decision dated April 3, 2009, the following findings are hereby made:
A. The proposed use is allowed within the subject zoning district with the approval
of an Administrative Use Permit and complies with all other applicable
provisions of this Title and the CCMC.
The primary convenience store use is a permitted use in the EWO and IG zone. The
proposed use, off-sales of beer and wine incidental to a convenience store, is allowed
within the subject zoning district with the approval of an Administrative Use Permit
(AUP) subject to required findings. The required findings to approve the AUP have
been made herein. The proposed use as conditioned will comply with all other
applicable Provisions of Title 17- Culver City Zoning Code and the Municipal Code.
B. The proposed use is consistent with the General Plan and any applicable
Specific Plan.
The proposed use, off-sales of beer and wine incidental to a convenience store, is
consistent with the General Corridor General Plan designation which promotes small
commercial establishment that serve the community. The proposed use will provide
basic shopping opportunities for the nearby commercial tenants, commuters and the
nearby residential neighborhood. There is no Specific Plan for this area.
C. The design, location, size, and operating characteristics of the proposed use are
compatible with the existing and future land uses in the vicinity of the subject
site.
There is a variety of commercial uses surrounding the project site and within the retail
center that the project is located. The subject site does not immediately abut any
residential properties and does not have direct access to any residential
neighborhoods. The closest residential uses are over 300 feet away to the west
across Ballona Creek. The project has been conditioned to ensure compatibility with
the neighborhood and future land uses in the vicinity of the subject site. Should
unexpected negative impacts arise from the conduct of the proposed use, this
Administrative Use Permit may be subject to revocation or modification as deemed
necessary. Improvements to the site including landscaping, parking, and façade were
previously approved through a building permit. The interior improvements for the
convenience store will be reviewed through a building permit and will meet all current
building, zoning, and fire codes.
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29ATTACHMENT 4|10101010101010|D. The subject site is physically suitable for the type and intensity of use being
proposed, including access, compatibility with adjoining land uses, shape, size,
provision of utilities, and the absence of physical constraints.
The 7-Eleven convenience store will be located in a small retail center that includes
Pizza Hut, an optometry office, and a salon which are uses commonly found in a small
retail center. The proposed convenience store will occupy approximately 2,500 square
feet of tenant space and tenant improvements for the space will be reviewed
separately. The retail center requires 20 on-site parking spaces pursuant to the Zoning
Code and 28 on-site parking spaces are being provided. The project site is compatible
with surrounding commercial uses and is found to be physically suitable for the
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E. The establishment, maintenance or operation of the proposed use will not be
detrimental to the public interest, health, safety, or general welfare, or injurious
to persons, property, or improvements in the vicinity and zoning district in
which the property is located.
The applicant is requesting to sale alcohol (beer and wine) incidental to a convenience
store that would serve those who live and work nearby and permit them to patronize a
neighborhood establishment rather than driving elsewhere. The convenience store will
also offer packaged groceries, prepared food, and essential products used for daily
living.
The proposed use will serve the public convenience and welfare and as cited is
compatible with the character of the surrounding uses. The conditions of approval will
ensure that the operation of the convenience store including off-sales of beer and wine
will not be detrimental to the public interest, health, safety, or general welfare, or
injurious to persons, property, or improvements in the vicinity and zoning district in
which the property is located.
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SECTION 2. Pursuant to the foregoing recitations and findings, the City Council
of the City of Culver City, California, hereby approves Administrative Use Permit, AUP P-
2009009112, subject to all conditions of approval contained in the Notice of Decision dated
April 3, 2009.
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Page 3 19ATTACHMENT 4
APPROVED and ADOPTED this 8th day of June, 2009.
ANDREW WEISSMAN, Mayor
City of Culver City, California
ATTESTED BY: APPROVED TO AS FORM:
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Page 4 20ATTACHMENT 5
RESOLUTION NO. 2009-R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CULVER CITY,
CALIFORNIA GRANTING AN APPEAL AND OVERTURNING THE
DIRECTORS APPROVAL OF AN APPLICATION FOR AN ADMINISTRATIVE
USE PERMIT FOR THE OFF-SALE OF BEER AND WINE INCIDENTAL TO A
PROPOSED 7-ELEVEN CONVENIENCE STORE LOCATED AT 5900-5902
WASHINGTON BOULEVARD
(Administrative Use Permit, AUP P-2009009)
WHEREAS, on January 21, 2009, Anil Ali, as the applicant, filed an
Administrative Use Permit (AUP) application for the off sale of beer and wine incidental to a
proposed 7-Eleven convenience store located at 5900-5902 Washington Boulevard in the
East Washington Overlay (EWO) zone and the Industrial General zone; and
WHEREAS, on February 26, 2009 notification of the pending administrative
decision of the AUP application for beer and wine sales incidental to a 7-Eleven convenience
store, and invitation to submit comments was sent to property owners and occupants within
500-feet of the proposed convenience store; and
WHEREAS, on April 3, 2009 following close of the required comment period, the
Administrative Use Permit, AUP P-2009009 was approved by the Director; and
WHEREAS, at the April 20, 2009 City Council meeting, after thorough
discussion, the Council determined by a vote of 3 to 2 to initiate an appeal pursuant to Zoning
Code Section 17.640.015 of the AUP approval; and
WHEREAS, on June 8, 2009, the City Council conducted a duly noticed public
hearing on the appeal of the Administrative Use Permit approval, fully considered the
application, plans, staff report, and all testimony presented and the City Council by a vote of
to grant the appeal and deny the approval of Administrative Use Permit, AUP P-
2009009.
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29ATTACHMENT 5
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CULVER CITY,
CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1.
Pursuant to the foregoing recitations and the provisions of the
Culver City Municipal Code (COMO) Section 17.530.020, the following required finding can
not be met to approve the Administrative Use Permit:
SECTION 2. Pursuant to the foregoing recitations and findings, the City Council
of the City of Culver City, California, hereby approves Administrative Use Permit, AUP P-
2009009112, subject to all conditions of approval contained in the Notice of Decision dated
April 3, 2009.
APPROVED and ADOPTED this 8th day of June, 2009.
ANDREW WEISSMAN, Mayor
City of Culver City, California
ATTESTED BY: APPROVED TO AS FORM:
ELLA VALLADARES, City Clerk CAROL SCHWAB, City Attorney
Page 2
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29ATTACHMENT
Table 5-1
Review Authoni
Role of Review Authority (1)
Procedure
Board of
Type of Permit or Decision
is in
Section
Director
Zoning
Adjustmen
t
Planning
Commission
City
Council
Administrative and Amendments
General Plan Amendments 17.620 Recommend Decision
Interpretations 17.120 Decision Appeal Appeal Appeal
Time Extensions 17.595 Decision Appeal Appeal
Zoning Map Amendments 17.620 Recoi nmend Decision
Zoning Text Amendments 17.620 Recommend Decision
Land Use Permits/Development Aunrovals
Administrative Use Permits 17.530 Decision Appeal Appeal
Administrative Site Plan Review 17.540 Decision Appeal Appeal
Administrative Modifications 17.550 Decision Appeal Appeal
Comprehensive Plans 17.560 Recommend Decision
Conditional Use Permits 17,530 Decision Appeal
Development Agreements 17.590 Recommend Decision
Height Exemptions 17.300 Recommend Decision
Master Sign Program 17.330 Decision Appeal Appeal
Site Plan Review 17.540 Decision Appeal
Specific Plans 17.570 Recommend Decision
Special Event/Temporary Event Permits 17.520
Decision
(2)
Appeal Appeal
Temporary Use Permits Decision 17.520 Appeal Appeal
Tentative Parcel Map 15.10 Decision
Tentative Tract Map 15.10 Recommend Decision
Variances 17.550 Decision Appeal
Zoning Clearances 17.510 Decision Appeal Appeal
Notes:
(I) "Recommend" means that the review authority makes a recommendation to a higher decision-making body;
"Decision" means that the review authority makes the final decision on the matter; "Appeal" means that the
review authority may consider and decide upon appeals to the decision of an earlier decision-making body, in
compliance with Chapter 17.640 (Appeals).
(2) Decisions on Special Events permits may be referred to the Committee on permits and licenses for review and
approval per CCMC Chapter 11.01. (General Licensing).
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