PowerPoint Presentation — Manhattan Beach City Council, May 17, 2022

“Note: This PowerPoint presentation is
intended solely as a visual aid to an oral
staff presentation of an agenda report topic.

In the event of any differences between the
presentation and the agenda report, the
information in the agenda report prevails.”

DE NOVO CONSIDERATION OF A

USE PERMIT TO UPGRADE AN

EXISTING ALCOHOL LICENSE AT
1221 ARTESIA BOULEVARD, SUITE 101
MAY 17, 2022

2CITY OF

MANHATTAN BEACH
“Note: This PowerPoint presentation is
intended solely as a visual aid to an oral staff
presentation of an agenda report topic. In
the event of any differences between the
presentation and the agenda report, the
information in the agenda report prevails.”

APPLICATION TIMELINE

DE NOVO CONSIDERATION OF A USE PERMIT

TO UPGRADE AN EXISTING ALCOHOL LICENSE
AT 1221 ARTESIA BOULEVARD, SUITE 101 MAY 17, 2022
Nov. 10, 2021
Feb. 9, 2022
Feb. 22, 2022
7-Eleven submitted an application
for a Use Permit to upgrade their
existing off-sale beer and wine
alcohol license to one that would
also allow off-sale distilled spirits.

Planning Commission approved the
Use Permit request.

Richard McQuillin appealed the
approval of the Use Permit.
3CITY OF

VICINITY & ZONING MAPS

DE NOVO CONSIDERATION OF A USE PERMIT

TO UPGRADE AN EXISTING ALCOHOL LICENSE
AT 1221 ARTESIA BOULEVARD, SUITE 101 MAY 17, 2022
• Northwest corner of Artesia Blvd. & Prospect Ave.
• Surrounded by commercial, church, office, & multi-family residential, and school properties
NN

GENERAL COMMERCIAL

HIGH-DENSITY RESIDENTIAL

SINGLE -FAMILY RESIDENTIAL

PUBLIC & SEMI PUBLIC
4CITY OF

BACKGROUND

DE NOVO CONSIDERATION OF A USE PERMIT

TO UPGRADE AN EXISTING ALCOHOL LICENSE
AT 1221 ARTESIA BOULEVARD, SUITE 101 MAY 17, 2022
Applicant (7-Eleven) has operated at
its current location with an alcohol
license that has allowed off-sale beer
and wine.

Upgrade existing off-sale beer and
wine alcohol license to include off-sale
of distilled spirits.

No physical exterior modifications or
expansion are proposed.
24/7 store operation with alcohol
sales from 6 AM to 2 AM daily.
1984

REQUEST

LIMITS OF

REQUEST
HOURS
5CITY OF

BACKGROUND (CONTINUED)

DE NOVO CONSIDERATION OF A USE PERMIT

TO UPGRADE AN EXISTING ALCOHOL LICENSE
AT 1221 ARTESIA BOULEVARD, SUITE 101 MAY 17, 2022
The applicant proposes to store
distilled spirits to allow direct access
only to employees.

RECORD
POLICE
SAFETY

MEASURE
In 37 years of operation, no notable
alcohol license violations.

Reviewed by the Police Department;
no concerns or objections.
6CITY OF

DE NOVO CONSIDERATION OF A USE PERMIT

TO UPGRADE AN EXISTING ALCOHOL LICENSE
AT 1221 ARTESIA BOULEVARD, SUITE 101 MAY 17, 2022
COLOR LEGEND:

Beer
Wine
Distilled Spirits

7CITY OF

USE PERMIT REQUIRED FINDINGS

DE NOVO CONSIDERATION OF A USE PERMIT

TO UPGRADE AN EXISTING ALCOHOL LICENSE
AT 1221 ARTESIA BOULEVARD, SUITE 101 MAY 17, 2022
“The proposed location of the use is in accord with the objectives of this title and the purposes of the district in which the site is located.” “The proposed location of the use and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan; will not be detrimental to the public health, safety or welfare of persons residing or working on the proposed project site or in or adjacent ….”
“The proposed use will comply with the provisions of the City’s Planning and Zoning Title, including any specific condition required for the proposed use in the district in which it would be located.” “The proposed use will not adversely impact or be adversely impacted by nearby properties.”
1 2
3 4
8CITY OF

PLANNING COMMISSION SUMMARY

DE NOVO CONSIDERATION OF A USE PERMIT

TO UPGRADE AN EXISTING ALCOHOL LICENSE
AT 1221 ARTESIA BOULEVARD, SUITE 101 MAY 17, 2022
• Planning Commission conducted public hearing
on 2/9/2022
• Staff presented the Use Permit request.
• The applicant’s representative spoke in favor of
the project.
• One member of the public (Mr. Richard
McQuillin) expressed concerns regarding the
Use Permit.
• Planning Commission voted 5-0 to approve.
9CITY OF

APPEAL POINTS

DE NOVO CONSIDERATION OF A USE PERMIT

TO UPGRADE AN EXISTING ALCOHOL LICENSE
AT 1221 ARTESIA BOULEVARD, SUITE 101 MAY 17, 2022
FOUR MAJOR POINTS IN THE APPEAL:

1. The store’s proximity to residences.

2. An alleged existing abundance of liquor stores.

3. An alleged existence of nuisances in the
neighborhood.

4. The alleged existence of litter and graffiti at
the store.
10CITY OF

DE NOVO CONSIDERATION OF A USE PERMIT

TO UPGRADE AN EXISTING ALCOHOL LICENSE
AT 1221 ARTESIA BOULEVARD, SUITE 101 MAY 17, 2022
POINT 1:

STAFF ANALYSIS:

The store’s proximity to residences.
• City regulations do not dictate minimum
distance between store that sells alcohol
and nearest residence.
• Conditions of approval designed to
minimize potential adverse impacts of the
sale of distilled spirits to surrounding uses.
• Applicant must obtain Alcoholic Beverage
Control (ABC) license and comply with
State regulations.
11CITY OF

DE NOVO CONSIDERATION OF A USE PERMIT

TO UPGRADE AN EXISTING ALCOHOL LICENSE
AT 1221 ARTESIA BOULEVARD, SUITE 101 MAY 17, 2022
POINT 2:

STAFF ANALYSIS:

An alleged existing abundance of liquor
stores.
• City regulations do not limit number of
similar businesses within a given area.
• There are 16 stores in the City with same
alcohol license as requested by 7-Eleven.

None open as late as 2 AM; most close
before midnight.
• 7-Eleven is 24-hour business and cuts off
alcohol sales at 2 AM in compliance with
ABC regulations.
12CITY OF

DE NOVO CONSIDERATION OF A USE PERMIT

TO UPGRADE AN EXISTING ALCOHOL LICENSE
AT 1221 ARTESIA BOULEVARD, SUITE 101 MAY 17, 2022
POINT 3:

STAFF ANALYSIS:

An alleged existence of nuisances in the
neighborhood.
• No proof that nuisances were caused by
7-Eleven.
• Proposed conditions hold 7-Eleven
accountable.
• Noncompliance with conditions may
result in loss of alcohol sale privileges.
• Without a Use Permit, 7-Eleven is legally
permitted to sell beer and wine until 2 AM.

Granting a Use Permit gives the City
greater ability to regulate alcohol sales.
13CITY OF

DE NOVO CONSIDERATION OF A USE PERMIT

TO UPGRADE AN EXISTING ALCOHOL LICENSE
AT 1221 ARTESIA BOULEVARD, SUITE 101 MAY 17, 2022
POINT 4:

STAFF ANALYSIS:

The alleged existence of litter and graffiti
at the store.
• City records do not show reports or
confirmed violations of litter or graffiti on
the subject property.
• Draft Condition No. 10 requires property
management to police the property and
keep it free of litter and food debris. A
lack of compliance with this or any other
condition could trigger a review of the
Use Permit and loss of alcohol sales
privilege.
14CITY OF

REVIEW SUMMARY

DE NOVO CONSIDERATION OF A USE PERMIT

TO UPGRADE AN EXISTING ALCOHOL LICENSE
AT 1221 ARTESIA BOULEVARD, SUITE 101 MAY 17, 2022
Staff evaluated the appeal and
found no basis for granting the
appeal.

Staff was able to make the findings
in support of the Use Permit
request’s approval.

APPEAL
USE
PERMIT
15CITY OF

ENVIRONMENTAL DETERMINATION

DE NOVO CONSIDERATION OF A USE PERMIT

TO UPGRADE AN EXISTING ALCOHOL LICENSE
AT 1221 ARTESIA BOULEVARD, SUITE 101 MAY 17, 2022

CEQA GUIDELINES
Categorical Exemption
Section 15301 (Class 1)
Exempts the permitting and licensing of
existing private structures involving negligible
expansion of existing or former use
Thus, no further environmental
review is necessary
16CITY OF

NOTICING AND PUBLIC COMMENT

DE NOVO CONSIDERATION OF A USE PERMIT

TO UPGRADE AN EXISTING ALCOHOL LICENSE
AT 1221 ARTESIA BOULEVARD, SUITE 101 MAY 17, 2022
•May 5, 2022 – In compliance with MBMC

10.84.040(B), notices were mailed (500-
foot radius & 79 properties), posted at City
Hall, and published in Beach Reporter.
•May 11, 2022 – Staff report and
attachments released for public review
•No public comments received
17CITY OF

RECOMMENDATIONS

DE NOVO CONSIDERATION OF A USE PERMIT

TO UPGRADE AN EXISTING ALCOHOL LICENSE
AT 1221 ARTESIA BOULEVARD, SUITE 101 MAY 17, 2022
•Conduct public hearing de novo
•Direct staff to draft a resolution making
an environmental determination of
exemption under CEQA and
approving the Use Permit subject to
conditions.
“Note: This PowerPoint presentation is
intended solely as a visual aid to an oral
staff presentation of an agenda report topic.

In the event of any differences between the
presentation and the agenda report, the
information in the agenda report prevails.”

DE NOVO CONSIDERATION OF A

USE PERMIT TO UPGRADE AN

EXISTING ALCOHOL LICENSE AT
1221 ARTESIA BOULEVARD, SUITE 101
MAY 17, 2022

Manhattan Beach City CouncilMay 17, 2022

Manhattan Beach City Council
May 17, 2022