Zoning Administrator
Appeal: 1495 Melrose Ave.
1 City Council
Item 7.1
March 7, 2023
2Hearing on January 17, 2023
• Appeal of the Zoning Administrator decision heard at
City Council on January 17, 2023.
• City Council voted 3-1-0 to uphold the appeal and
approve the CUP and directed staff to return at a
future council meeting with a resolution reflecting
approval of the CUP .
3Hearing on January 17, 2023
• Subsequent to the January 17th hearing, city staff
reviewed and confirmed mailed notices were not
mailed out to residents/owners as required for noticed
public hearings for City Council.
• This item has been properly noticed in the newspaper
and mailed notices sent.
4 ALCOHOL LICENSING/PERMITTING
• Sets Policies for Licensure
• Licensure of Alcohol Sales
• Determination of Public Convenience or
Necessity (PCN)
• Places Conditions on Licenses and/or Permits
• City Council Sets Policy for Permitting
• Issues Conditional Use Permits (CUP)
for Sale of Alcohol
• Places Conditions on Permits
5TYPES OF ALCOHOL LICENSES
Type 20 - (Retail Store) Authorizes the sale of beer
and wine for consumption off the premises where
sold. Minors are allowed on the premises. (Off Sale)
Type 21 - (Retail Store) Authorizes the sale of beer,
wine and distilled spirits for consumption off the
premises where sold. Minors are allowed on the
premises. (Off Sale)
Types 40 and 42 are for bars and taverns
Types 41 and 47 are for restaurants
6PROCESS – ABC LICENSE
•Applicant
applies for
license
•ABC asks CVPD
for input
ABC
•PCN
determination
•Provide input/
conditions
CVPD
•Check zoning
•Determine if
permit is
required
DSD
7PROCESS – CUP PERMIT
•Require
applicant to
contact City
•Provide data
on
concentration
ABC
•Provide data
on crime rate
•Provide
input/
conditions
CVPD
•Inquire on
concentration and
crime rate
•Check zoning
•Issue/Deny CUP
DSD
8OVERCONCENTRATION
Overconcentration of liquor licenses is calculated by
census tract and is limited to “one [license] for each
2,500, or fraction thereof, inhabitants of the [census
tract] in which the premises are situated”
California Alcoholic Beverage Control Act, Section
23817.5(a)(1)
9OVERCONCENTRATION
City of El Cajon: 17.210.160
National City: 18.30.050.D.
City of San Diego: 141.0502(c)(2)
City of San Marcos: 20.425.030.B.1.
City of Solana Beach: 17.60.030.A.1.
10OVERCONCENTRATION
City of Santa Monica Municipal Code
Article 9.31.040:
“To limit the potential for community
problems such as public drunkenness,
drunk driving, traffic accidents, violent
crime, noise, and nuisance from an
overabundance or overconcentration of the
availability of alcohol and its consumption.”
HISTORY - 1495 MELROSE AVE. 11
April 14,
2008
May 14,
2008
June 9,
2008
June 17,
2008
August 12,
2008
PCN
Hearing
held by
CVPD
PCN
form
filed
CVPD
determined
PCN not
met
PCN
Appealed
CVPD
decision
upheld
by City
Council
2008
HISTORY - 1495 MELROSE AVE. 12
August 9,
2012
August 24,
2012
September
11, 2012
November
20, 2012
Notice of
Decision
approving
permit
Zoning
Admin.
(ZA)
hearing
ZA
Decision
Appealed
ZA
overturned;
permit
denied by
City Council
2012
HISTORY - 1495 MELROSE AVE. 13
January
24, 2019
February
15, 2019
No
Appeal
Notice of
Decision
denying
permit
Zoning
Admin.
(ZA)
hearing
2018-19
HISTORY - 1495 MELROSE AVE. 14
2022-23
CT 133.06 - CONCENTRATION 15
CENSUS TRACTS 133.06 & 133.12 16
HISTORY - 1495 MELROSE AVE. 17
May 17,
2022
May 25,
2022
July 12,
2022
October
2022
CVPD
protests
and places
conditions
on license
ABC sends
letter to
CVPD
CUP
applied
for by
Applicant
DSD staff
discover over-
concentration;
Public hearing
requested
2022-23
HISTORY - 1495 MELROSE AVE. 18
November 15, 2022 – Applicant emails ABC about data
2022-23
HISTORY - 1495 MELROSE AVE. 19
November
16, 2022
December
2, 2022
December
15, 2022
January 17,
2023
Notice of
Decision
denying
permit
ZA hearing
held
Appeal
filed
Public
hearing
held
2022-23
CENSUS TRACTS 133.06 & 133.12 20
ABC LICENSES IN 133.06 21
ZONING ADMIN’S DECISION 22
BASIS OF APPEAL 23
BASIS OF APPEAL 24
BASIS OF APPEAL 25
ABC LICENSES IN 133.06 26
RECOMMENDATION
Conduct a public hearing and adopt a Resolution:
A - Affirming the Zoning Administrator’s decision and
denying the appeal for a CUP; or
B - Affirming the appeal and approving the CUP for a
license to sell beer, wine, and distilled spirits; or
C - Affirming the appeal and approving the CUP for a license to sell only beer and wine at 1495 Melrose Avenue.
27 BACKUP SLIDES
28 HISTORY - 1495 MELROSE AVE. 29
Conditions Placed on ABC License by CVPD:
May 25, 2022 – CVPD protested the issuance of the license and placed conditions on the license if ABC were to move forward with issuance:
• Alcohol to be sold only between 8am and midnight, M-F • No loitering on premises
• Owner must maintain litter- and graffiti-free premises • No loud amplification systems (for noise control)
• All beer and malt beverages must be sold in
manufacturer’s pre-packaged, multi-unit quantities
• All US Super Gas employees must attend ABC training