U N N K.

W Y A n
CHIEF ZONING ADMINISTRATOR

i I T Y OF

LoS A N G E L E ~
CALIFORNIA

DEPARTMENT OF

CITY PLANNING
MICHAEL J. LOGRANDE
DIRECTOR

ASSOCIATE ZONING ADMINISTRATORS

R. NICOLAS BROWN SUE CHANG LOURDES GREEN CHARLES J. RAUSCH, JR. FERNANDO TOVAR MAYA E. ZAIVEVSKY

OFFICE OF
ZONING ADMINISTRATION

200 N. SPRING STREET,m FLOOR 7 Los ANGELES, 90012 CA (213) 978-1318 FAX: (213) 978-1334
ANTONIO

R. VILLARAIGOSA
MAYOR

September 27,2012 CASE NO. ZA 201 1-3269(CUB) CONDI1-IONAL USE 5060 West Rodeo Road West Adams-Baldwin Hills-Leimert Planning Area Zone : C2-1, P-I D. M. : 117B177, 120B177 C.D. : 10 CEQA : ENV-2011-3270-CE Legal Description: Lot B, Parcel Map 5709-A

Greg Peters (A) Ralphs Grocery Companies I 100 West Artesia Boulevard Compton, CA 90220 Baldwin Hills Associates Company ( 0 ) 2716 Ocean Park Boulevard Santa Monica, CA 90405 Alex lrvine (R) Craig Lawson & Company, LLC 8758 Venice Boulevard, Suite 200 Los Angeles, CA 90034

Pursuant to Los Angeles Municipal Code Section 12.24-W,l and Ordinance No. 171,684 (South Los Angeles Sale of Alcoholic Beverages for Off-Site Consumption Specific Plan), I hereby APPROVE: a Conditional Use to permit the continued sale of a full line of alcoholic beverages, i~icluding beer, wine, and distilled spirits, for off-site consumption in conjunction with the addition of 18,376 square feet of floor area to an existing 40,125 square-foot grocery store, for a new total of 58,501 square feet of floor area, located in the C2-1 and P-I Zones; upon the following additional terms and conditions: 1. All other use, height and area regulations of the Municipal Code and all other applicable government/regulatory agencies shall be strictly complied with in the development and use of the property, except as such regulations are herein specifically varied or required. The use and development of the property shall be in substantial conformance with the plot plan submitted with the application and marked Exhibit " A , except as may be revised as a result of this action. The authorized use shall be conducted at all times with due regard for the character of the surrounding district, and the right is reserved to the Zoning Administrator to

2.

3.

CASE NO. ZA 201 1-3269(CUB)

PAGE 2

impose additional corrective Conditions, if, in the Administrator's opinion, such Conditions are proven necessary for the protection of persons in the neighborhood or occupants of adjacent property. All graffiti on the site of the Ralphs market shall be removed or painted over to match the color of the surface to which it is applied within 24 hours of its occurrence. A copy of the first page of this grant and all Conditions and/or any subsequent appeal of this grant and its resultant Conditions and/or letters of clarification shall be printed on the building plans submitted to the Development Services Center and the permit issued. Department of Building and Safety for purposes of having a bl-~ilding Indemnification. The applicant shall defend, indemnify and hold harmless the City, its agents, officers, or employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void or ar~nul approval this which action is brought within the applicable limitation period. The City shall prorr~ptly notify the applicant of any claim, action, or proceeding and the City shall cooperate fully in the defense. If the City fails to promptly notify the applicant of any claim action or proceeding, or if the City fails to cooperate fully in the defense, the applicant shall not thereafter be responsible to defend, indemnify, or hold harmless the City. Approved herein is the sale and dispensing of a full line of alcoholic beveragesfor offsite consumption in conjunction with an 18,376 square-foot expansion to an existing Ralphs grocery market for a total of 58,501 square feet, with hours of operation and alcohol sales from 6:00 a.m. to 12:OO midnight, daily. If at any time during the period of the grant, should documented evidence be submitted showing continued violation(s) of any condition(s) of the grant, resulting in a disruption or interference with the peaceful enjoyment of the adjoining and neighboring properties, the Zoning Administrator will have the right to require the petitioner(s) to file for a plan approval application together with the associated fees, to hold a public hearing to review the petitioner's compliance with and the effectiveness of the conditions of the grant. The petitioner(s) sliall submit a summary and supporting documentation of how compliance with each condition of the grant has been attained. Loitering is prohibited on or around these premises or the area under control of the applicant, and this shall be monitored by store employees via video surveillance. The applicant shall be responsible for niailitaining free of litter the area adjacent to the premises over which the applicant has control including the parking area which is used by patrons of the subject premises. Conditions of approval shall be maintained on the premises at all times and produced immediately upon request of the Police Department, the Department of Building and Safety, or other government entity.

CASE NO. ZA 201 1-3269(CUB)

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Within six months of the effective date of this action, all employees involved with the sale of alcoholic beverages shall enroll in the Los Angeles Police Department "Standardized Training for Alcohol Retailers" (STAR). Upon corr~pletionof such training, the applicant shall request the Police Department to issue a letter identifying which employees completed the training. The applicant shall transmit a copy of the letter from the Police Department to the Zoning Administrator as evidence of compliance. In the event there is a change in the licensee, within one year of such change, this training program shall be required for all new staff. 13. Electronic age verification device(s) which can be used to determine the age of any individual attempting to purchase beer and wine shall be installed on the premises at each point-of-sale location. The device(s) shall be maintained in an operational condition and all employees shall be instructed in their use prior to the sale of any beer and wine. 14. A camera surveillance system shall be maintained to monitor interior and exterior areas of the grocery market, including the area where alcoholic beverages are stocked, in conjunction with the upgrade of the market. 15. No coin operated amusement devices, video games or similar game activities shall be maintained on the premises. 16. The applicant shall offer a courtesy van program at its store on a trial basis and conduct a survey as to the demand for such a service on a permanent basis. If the program proves to be infeasible, then the operator shall prominently post notices about the availability of the City's "Cityride" program that reduces enrollees' costs for taxi and dial-a-ride services. The results of the survey shall be given to the Zoning Administrator prior to discontinuing or making permanent such program. 17. The applicant shall coordinate with the property owner to seek the discontinuation of the recycling center that currently operates on the shopping center property or the moving of it to a more inconspicuous location after the current lease for the recycling center expires. While the current recycling center is in operation, a decorative screening wall shall be placed between the center and La Brea Avenue. In addition, the security guards for the shopping center shall make the recycling center a part of their regular patrol of the shopping center grounds. 18. Prior to the clearance of anv conditions, the applicant shall show proof that all fees have been paid to the Department of City Planning, Expedited Processing Section. 19. Prior to issuance of any permits relative to this matter, a covenant acknowledging and agreeing to comply with all the terms and conditions established herein shall be recorded in the County Recorder's Office. The agreement (standard master covenant and agreement for CP-6770) shall run with the land and shall be binding on any subsequent owners, heirs or assigns. This agreement with the conditions attached must be submitted to the Department of City Planning for approval before being recorded. After recordation, a certified copy bearing the Recorder's number and date

CASE NO. ZA 201 1-3269(CUB)

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shall be provided to the Department of City Planning for attachment to the SI-~bject case file. The following conditions are alcoholic beverage specific conditions included in the application and shall be complied with: 20. There shall be no exterior advertising or sign of any type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. 21. The quarterly gross sale of beer and wine shall not exceed the gross sale of food items during the same period. The Peti,tioner(s) shall at all times maintain records, which reflect separately the gross sale of food and the gross sale of alcoholic beverages of the business. Said records shall be kept no less frequently than on a quarterly basis and these records shall be made available to the Police Department and other law enforcement agencies upon demand. OBSERVANCE OF CONDI'TIONS - TIME LIMIT LAPSE OF PRIVILEGES All terms and Conditions of the approval shall be fulfilled before the use may be established. The instant authorization is further conditional upon the privileges being utilized within three years after the effective date of approval and, if such privileges are not utilized or substantial physical construction work is not begun within said time and carried on diligently to completion, the authorization shall terminate and become void. TRANSFERABILITY This authorization runs with the land. In the event the property is to be sold, leased, rented or occupied by any person or corporation other than yourself, it is incumbent that you advise them regarding the conditions of this grant. VIOLATIONS OF THESE CONDI'TIONS, A MISDEMEANOR Section 12.29 of the Los Angeles Municipal Code provides: "A variance, conditional use, adjustment, public benefit or other quasi-judicial approval, or any conditional approval granted by the Director, pursuant to the authority of this chapter shall become effective upon utilization of any portion of the privilege, and the owner and applicant shall immediately comply with its Conditions. The violation of any valid Conditio~i irr~posed the Director, Zoning Administrator, by Area Planning Commission, City Planning Con-~rr~issionCity Council in connection or with the granting of any action taken pursuant to the authority of this chapter shall constitute a violation of this chapter and shall be subject to the same penalties as any other violation of this Code." Every violation of this determination is punishable as a misdemeanor and shall be punishable by a fine of not more than $1,000 or by imprisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment.

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APPEAL PERIOD EFFECTIVE DATE The applicant's attention is called to the fact that this grant is not a permit or license and that any permits and licenses required by law must be obtained from the proper public agency. Furthermore, if any Condition of this grant is violated or if the same be not corr~plied with, then the applicant or his successor in interest may be prosecuted for violating these Conditions the same as for any violation of the requirements contained in the Municipal Code. The Zoning Administrator's determination in this matter will become effective after October 12,2012, unless an appeal .there,from is filed with the Citv Planning Department. It is strongly advised that appeals be filed early during the appeal period and in person so that imperfections/incompleteness may be corrected before the appeal period expires. Any appeal must be filed on the prescribed forms, accompanied by tlie required fee, a copy of the Zoning Administrator's action, and received and receipted at a public office of the Department of City Planning on or before the above date or the appeal will not be accepted. Forms are also available on-line at http:/lcityplanning.lacity.org. Public offices are located at: Figueroa Plaza 201 North Figueroa Street, 4th Floor Los Angeles, CA 90012 (2 13) 482-7077 Marvin Braude San Fernando Valley Constituent Service Center 6262 Van Nuys Boulevard, Room 251 Van Nuys, CA 91401 (8 18) 374-5050

If you seek judicial review of any decision of the City pursuant to California Code of Civil Procedure Section 1094.5, the petition for writ of mandate pursuant to that section must be filed no later than the 90th day following the date on which the City's decision became final pursuant to California Code of Civil Procedure Section 1094.6. There may be other time limits, which also affect your ability to seek judicial review. NOTICE The applicant is further advised that all subsequent contact with this office regarding this determination must be with the Department of City Planning's Development Services Center. This would include clarification, verification of condition compliance and plans or building permit applications, etc., and shall be accomplished BY APPOINTMENT ONLY, in order to assure that you receive service with a rnirrimum amount of waiting. You should advise any consultant representing you of this requirement as well. FINDINGS OF FACT After thorough consideration of the statements contained in the application, the plans submitted therewith, the report by the Department of City Planning Staff thereon, and the statements niade at the public hearing on June 20, 2012, all of which are by reference made a part hereof, as well as knowledge of the property and surrounding district, I find that the requirements for authorizing a conditional use permit under the provisions of Section 12.24-W have been established by the following facts:

CASE NO. ZA 201 1-3269(CUB) BACKGROUND

PAGE 6

The applicant seeks a conditional use to permit the continued sale of a full line of alcoholic beverages for off-site consumption in conjunction with the expansion, remodel and continued operation of an existing Ralphs grocery market in the C2-1 and P-I Zones and located within the boundaries of the South Los Angeles Alcohol Sales Specific Plan. The existing 40,125 square-foot grocery store proposes to expand into an adjacent, vacant 18,376 square-foot tenant space for a new total of 58,501 square feet of floor area, of which 1,313 square feet is proposed for an alcohol sales area, with hours of operation and alcohol sales from 6:00 a.m. to midnight, daily, in the C2-1 and P-I Zones. The subject property is an irregular-shaped lot, consisting of 309,162 square feet of land, having frontages on Rodeo Road and La Brea Avenue. The site is developed with an existirlg shopping center that includes the subject Ralphs grocery store, a Fallas Paredes, and a vacant tenant space (formerly Treasure Hunt). The shopping center has 362 on-site parking spaces shared between all of the tenant spaces, with vehicular ingress and egress via driveways on both adjoining streets. Surrounding properties include another shopping center (with an Albertsons grocery store, Del Taco, and Rite Aid), and a vacant commercial building to the north across Rodeo Road in the MI-1VL Zone, multifamily housing directly to the east of the subject site in the R3-1 Zone, the commercial tenant spaces directly to south of the subject site in the C2-1 Zone and a rnirri-shopping center called the Baldwin Hills Center to the west across La Brea in the C2-1 Zone. Previous Cases, Affidavits, Permits, and Orders On the Applicant's Property: Case No. ZA 201 1- 3269(PAB): On March 21,2012, a public hearing was scheduled for a Plan Approval Case to allow the continued use and maintenance of the sale of a full line of alcoholic beverages for off-site consumption in conjunction with the addition of 18,796 square feet of floor area to an existing 41,200 square-foot grocery store, for a new total of 59,996 square feet, of which 1,313.2 square feet are proposed for an alcohol sales area, with hours of operation and alcohol sales from 6:00 a.m. to midnight, daily, with 408 shared parking spaces. At the public hearing, the Zonirlg Administrator determined no public testimony could be taken on the matter because the case was improperly filed and required a full conditional use permit, which has resulted in the instant request. Previous Cases, Affidavits, Permits, and Orders on Surrounding Properties: Case No. ZA 2001-4826(CUB)(CU): On May 6,2002, the Zoning Administrator approved a conditional use permit for the off-site sale of alcoholic beverages from a drug store and a conditional use to permit a reduction in the amount of exterior walls which face La Brea Avenue and Rodeo Road below the 50% minimum on each such wall, at 3553 South La Brea Avenue. Case No. ZA 98-175-CUB: On July 31, 1998, the Zoning approved a conditional use permit for the sale and dispensing of alcoholic beverages for on-site consumption at 5120 Rodeo Road.

CASE NO. ZA 201 1-3269(CUB)

PAGE 7

The subject property is located within the West Adams-Baldwin Hills-Leimert Community Plan, which designates the site for Community Commercial land uses, with corresponding zones of CR, C2, C4, RAS3, RAS4, and P, and Height District No. 1. The property is currently zoned C2-1 and P-I, which is consistent with this land use designation. The site is also within the South Los Angeles Alcohol Sales Specific Plan, which regulates establishments dispensing for sale or other consideration alcoholic beverages, including beer and wine, for off-site consumption. This project is subject to the regulations of the Specific Plan. Rodeo Road is a designated Major Highway - Class II dedicated to a 100-foot width at the project's northern street frontage. La Brea Avenue is a designated Major Highway - Class II dedicated to a 100-foot width at the project's western street frontage. Public Hearing The public hearing was held on June 20, 2012 in City Hall, Room 1020, and was attended by approximately 25 people, including the applicant's representative, and a planning deputy from Council District 10. The applicant's representative, Jessica Pakdaman, made the following statements in support of ,the request: The established Ralphs market is expanding and wishes to continue its existing alcohol permit in the new store; The site is an 85,000 square-foot shopping center built in 1960; The Ralphs market has been at this location since 1981; The market is expanding into an adjacent tenant space; however, there will be no increase in the total floor area of the existing shopping center; The alcoholic beverage sales area will be reduced in size in the expanded market, and moved from the front portion to the center of the store; Ralphs is spending $17.5 million to upgrade this store to better serve the community; The new store will feature a remodeled exterior, more glass windows, faster checkout stands, and more landscaping in the parking lot; The expansion will enable Ralphs to hire more eniployees and to expand the sales area for baked goods; This conditional use request is to permit the continued sale of alcoholic beverages in the expanded market. Several members of the public spoke regarding the proposed project, mostly in support, but also raising some issues. Comments included the following: I support the expansion of the Ralphs market as it is currently proposed; The recycling center should be removed from the area; it is not compatible with 'the surrounding neighborhood; I'm glad Ralphs is improving the store; it does not currently have good quality foods and operates as a forgotten store;

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PAGE 8

They are closing a grocery market on Crenshaw Boulevard, so ,this expansion will help to absorb some of the jobs that will be lost in that closing; I worked in a remodeled Ralphs market, and it has helped to irr~prove local area; the What they are doing to upgrade the store is great; The new store will be a fresh new building that will be a more pleasant environment for workers and shoppers alike, an improved shopping experience for everyone; I'm concerned about what goes inside the new store, that they upgrade the products as well as the building and give us the same products and services as other corr~munities. A representative of Council District 10, made the following additional statements in support of the request: It's not often that we get a lot of people to come out in favor of something like this; Ralphs is trying to get something done about the recycling center; Council District 10 supports this request to enable Ralphs to improve its facilities and provide improved services and a better shopping environment to the community. Public Correspondence Two letters in support of the request were received, including one from Co~~~ncilmember Herb Wesson of the Tenth District, which includes the subject property. The letters state that the proposed expansion and improvements to the existing grocery market will benefit the surrounding community. Two letters in opposition to the request were received. One letter expressed concern that the sale of alcoholic beverages at the subject marketwould exacerbate problems related to high crime in the neighborhood. The second letter raised concerns about the recycling center in the same shopping center, but did not address the proposed sale of alcoholic beverages at the Ralphs market.

BASIS FOR CONDITIONAL USE PERMITS

A particular type of development is subject to the conditional use process because it has been determined that such use of property should not be permitted by right in a particular zone. All uses requiring a condi,tional use permit from the Zoning Administrator are located within Section 12.24 of the Los Angeles Municipal Code. In order for the sale of alcoholic beverages for off-site consumption to be authorized, certain designated findings have to be made. In these cases, there are additional findings in lieu of the four standard .Findingsfor most other conditional use categories.

MANDATED FINDINGS
Following (highlighted) is a delineation of the findings and the application of the relevant facts to same:

CASE NO. ZA 201 1-3269(CUB) 1.

PAGE 9

The proposed location will be desirable to the public convenience or welfare.

The proposed location is an approximately 7-acre lot located at the intersection of Rodeo Road and La Brea Avenue, and developed with an existing shopping center that includes the subject market, a Fallas Paredes, and a vacant tenant space. The shopping center has driveways on both adjoining streets. The subject Ralphs market has existed on the subject property and held a Type 21 Off-Sale General license for the off-site sale of a full line of alcoholic beverages since October 20, 1981. The proposed expansion of the market will enable Ralphs to improve its physical facilities and to provide enhanced services and an improved shopping environment for the community. The continued sale of alcoholic beverages in the expanded market will serve public convenience and welfare since it has a longstanding history of providing service to the local community at this location and is compatible with the commercial character of the surrounding uses. The subject market is near other commercial businesses and residential areas, at a convenient location that can be reached by vehicle, walking, or by public transit. In addition, the Zoning Administrator has irr~posed numerous conditions to safeguard public welfare and enhance public convenience. Therefore, as conditioned herein, and welfare. the proposed location will be desirable to the public conver~ience 2.
The location is proper in relation to adjacent uses or the development of the community.

The project location is a commercial shopping center located on an approximately 7-acre site in a commercial district at 'the intersection of two Major Highways. The location is adjoined by commercially- and industrially-zoned properties on all sides except to the east. Surrounding properties include another shopping center that has an Albertsons grocery store, Del Taco, and Rite Aid, and a vacant commercial building to the north across Rodeo Road in the MI-1VL Zone, multifamily housing directly to the east of the subject site in the R3-1 Zone, the commercial tenant spaces directly to south of the subject site in the C2-1 Zone and a mini-shopping center called the Baldwin Hills Center to the west across La Brea in the C2-1 Zone. The Ralphs market is a long-established business at this location, and granting the request will not cause a change in the mode and character of the existing business as a grocery market. The sales area for alcoholic beverages will actually be reduced in size and moved from the front portion to the center of the store, which is logically a safer location to allow better visual monitoring by store employees. The proposed use conforms to the commercial zoning on the subject site and adjoining properties. In addition, the Zoning Administrator has imposed numerous conditions of approval to help integrate the use into the surrounding neighborhood and prevent adverse environmental in-~pacts. Therefore, the s ~ ~ b j elocation is proper in relation ct to adjacent uses and the development of the community.

CASE NO. ZA 201 1-3269(CUB) 3.

PAGE 10

The use will not be materially detrimental to the character of the development in the immediate neighborhood. The subject site is a commercial shopping center located at the intersection of two Major Highways, and surrounded by commercial zoning and uses on most sides. The subject Ralphs market has existed and sold a full line of alcoholic beverages for off-site consumption at this location since 1981, with no apparent problems caused to the surrounding community. The market's Type 21 alcohol license has no history of violations. The proposed service of alcoholic beverages ill conjunction with the proposed expanded market will not be materially detrimental because the area is primarily characterized by commercial uses, the expansion will not introduce a new use or alcohol license into the area, but is merely an expansion of an established business, and will not significantly change the mode and character of the market. The sales area for alcoholic beverages will be reduced in size and moved to a safer location in ,the store. The Zoning Administrator has imposed numerous conditions to prevent adverse irr~pactsand integrate the use into the neighborhood. Therefore, as conditioned, the sale of beer and wine within the expanded grocery market will not be materially detrimental to the character of the development in the immediate neighborhood.

4.

The proposed location will be in harmony with the various elements and objectives of the General Plan. There are eleven elements of the General Plan. Each of these elements establishes policies that provide for the regulatory environment in managing the City and for addressing environmental concerlis and problems. The majority of the policies derived from these Elements are in the form of code requirements of Los Angeles Municipal Code. Except for those entitlements described herein, the project does not propose to deviate from any of the requirements of the Los Angeles Municipal Code. The Land Use Element of the City's General Plan divides the City into 35 Community Plans. The West Adams-Baldwin Hills-Leimert Community Plan designates the subject property for Community Commercial land use, which is consistent with its existing zoning and the subject shopping center and grocery market use. The Community Plan text is silent in regard to alcohol sales and hours of operation. In such cases, the Zoning Administrator must interpret the intent of the Plan. The sale of alcoholic beverages within the subject Ralphs market will provide a service and amenity to patrons and the surrounding community. As such, it is consistent with many provisions of the Community Plan, including Goal 2 - A strong and competitive commercial sector which best serves the needs of the community through maximum efficiency and accessibility while preserving the historic Commercial and cultural character of the community; Objective 1-1 - To conserve and strengthen viable commercial development; Policy 2-1 . I - New commercial uses shall be located in existing, established corr~mercial areas or existing shopping centers; Policy 1-3.3 - Encourage the approval of larger markets for alcohol sales

CASE NO. ZA 201 1-3269(CUB)

PAGE 11

only in appropriate areas and where special provisions of public convenience and necessity can be justified; and Objective 1-4 -To attract uses which strengthen the economic base and expand market opportunities for existing and new businesses. Given the many conditions of approval imposed by the Zoning Administrator, the proposed use can be deemed to be in harmony with the intent of these provisions. FINDING NOS. 5-7 ARE ADDI'TIONAL REQUIRED FINDINGS PURSUANT TO SECTION 12.24-W(l) OF 'THE MUNICIPAL CODE AND ORDINANCE NO. 171,684 - THE SOU'TH LOS ANGELES ALCOHOL SALES SPECIFIC PLAN 5. The proposed use will not adversely affect the welfare of the pertinent community and will not adversely affect the welfare of area residents. The subject market is located within an existing shopping center at the intersection of two major highways in a commercially designated area and surrounded mostly by other commercial uses. All nearby residential uses are buffered from the subject market by the commercial buildings and parking lot of the shopping center or other nearby commercial uses. The only other sensitive use in the immediate vicinity, St. Paul's Presbyterian Church, is approximately 600 feet away and buffered from the subject market by streets and other commercial businesses, and has a liquor store licensed to sell alcoholic beverages located closer to it than is this Ralphs market. The subject Ralphs market has existed and sold a full line of alcoholic beverages for off-site cons~~mptionthis location since 1981, with no apparent problems caused at to the surrounding community. The market's Type 21 alcohol license has no history of violations. The proposed expansion will not introduce a new use or alcohol license into the area, but is merely an expansion of an established business, and will not significantly change the mode and character of the market. The sales area for alcoholic beverages will be reduced in size and moved to a safer location in tlie store. In addition, the Zoning Administrator has imposed numerous conditions of approval to prevent adverse environmental impacts to the surrounding uses and community. The continued sale of alcoholic beverages within the subject grocery market will not adversely affect the economic welfare of the corr~munity because it will enhance the market and thereby positively impact the financial health of the property and improve the economic vitality of the area via increases in taxable revenue and local employment. Therefore, the proposed use will not adversely affect the welfare of the pertinent community or area residents. 6. The granting of the application will not result in an undue concentration of premises for the sale or dispensing for consideration of alcoholic beverages, including beer and wine, in the area of the City involved, giving consideration to applicable State laws and to the California Department of Alcoholic Beverage Control's guidelines for undue concentration; and also giving consideration to the number and proximity of these establishments within a one thousand foot radius of the site, the crime rate in the area (especially those crimes involving public drunkenness, the illegal sale or use of

CASE NO. ZA 201 1-3269(CUB)

PAGE 12

narcotics, drugs or alcohol, disturbing the peace and disorderly conduct), and whether revocation or nuisance proceedings have been initiated for any use in the area.

According to the California State Department of Alcoholic Beverage Control licensing criteria, 6 on-site and 4 for off-site consumption licenses allocated to the subject census tract (Census Tract 2362.02). Currently there are zero on-site licenses and one off-site license in this census tract. These figures indicate that the subject census tract is not over-concentrated. Further, the project will not adversely affect community welfare because the subject grocery market is an established and desirable use in an area designated for such, and the request does not involve a new alcohol license, but merely the upgrading of an existing business that is already licensed. In fact, the area of the store where alcoholic beverages are stocked and sold will actually be reduced in size by this project and moved to a safer and more central location in the market. Statistics from the Los Angeles Police Department's Southwest Division Vice Unit reveal that in Crime Reporting District No. 361, which has jurisdiction over the subject property, a total of 278 crimes were reported in 201 1, compared to the citywide average of 144 offenses and the high crime reporting district of 173 crimes for the same reporting period. Crimes reported include Horr~icide(I), Rape (2), Robbery (22), Aggravated Assault (16), Burglary (45), Burglary Theft from Vehicle (19), Personal Theft (3), Other Theft (35), Auto Theft (33), Other Assault (9), ForgeryICounterfeit (2), EmbezzlementIFraud (2), Stolen Property (0), Weapons Violation (6), Prostitution Related (0), Sex Offences (2), Offenses Against Family (3), Narcotics (1 I ) , Liquor Laws (0), Public Drunkenness (I), Disturbing the Peace (0), Disorderly Conduct (0), Gambling (0), DWI related (41) and Other Violations (25). These figures indicate the subject property is located in an area with a higher than average crime rate. However, the majority of the crimes in the area were not alcohol-related, and the request does not involve a new alcohol license and will reduce and improve the alcohol sales area of an existing licensed business. The Zoning Administrator has also imposed numerous conditions related to the service of alcohol and the operation of the subject business that will reduce any potential crime concerns. 7.
The proposed use will not detrimentally affect nearby residentially zoned communities in the area of the City involved, after giving consideration to the distance of the proposed use from residential buildings, churches, schools, hospitals, public playgrounds and other similar uses, and other establishments dispensing, for sale or other consideration, alcoholic beverages, including beer and wine.

The following sensitive uses are located within a 1,000-foot radius of the project site: Single-Family Residences Multi-Family Residences St. Paul's Presbyterian Church

5100 Coliseunl Street

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PAGE 13

The sale of alcoholic beverages at the subject grocery market will not adversely affect these uses because, except for the residential properties directly east of the subject shopping center, all of the other sensitive uses are buffered from the subject market by streets and other commercial businesses, and have other businesses that sell alcoholic beverages located closer to them than the subject Ralphs market. In addition, this grant will not introduce a new use or alcohol license into the area, but merely allows an expansion and upgrade of an established business ,that has sold alcoholic beverages in the community since 1981, and it will not significantly change the mode and character of the existing market, the proposed use will not detrimentally affect nearby residential areas or other sensitive land uses in the area. Condition No. 17 was added to the Conditions of Approval after testimony at the Public Hearing described the recycling center on the site as a public nuisance that draws an excess of homeless people to the area and has become a congregation point for people who panhandle and otherwise harass customers of the market. In addition, the recycling center is on the south side of the shopping center directly facing La Brea Avenue, which is a major northlsouth route for travel in tlie Los Angeles area. The recycling center appears from La Brea Avenue as a large metal shipping container with no screening on a major boulevard. While the center is on a two-year lease, it shall be screened from easy view from La Brea Avenue to improve the aesthetics of the site from travelers on that street. When the lease expires, it should either be terminated because of the social problems created by the recycling center or moved to a more inconspicuous but visible location for security purposes. A location on the south side of the Ralphs market would take it out of the view from La Brea Avenue and place it next to another commercial use and far away from nearby residential uses to the east of the site and from the view of travelers on La Brea Avenue.

ADDITIONAL MANDATORY FINDINGS

8. The National Flood Insurance Program rate maps, which are a part of the Flood Hazard Management Specific Plan adopted by the City Council by Ordinance No. 172,081, have been reviewed and it has been determined that this project is located in Zone B, which are areas between limits of the 100-year flood and 500-year flood; or certain areas subject to 100-year flooding with average depths less than 1 foot or where the contributing drainage area is less than 1 square mile; or areas protected by levees from the base flood. On December 21, 201 I , the project was issued a Notice of Exemption (Article Ill, Section 1, City CEQA Guidelines), log reference ENV-2011-3270-CE, for a Categorical Exemption, Class 1, Category 22, City CEQA Guidelines, Article Ill, Section 1, State EIR Guidelines, Section 15300. 1 hereby adopt that action.

9.

CASE NO. ZA 201 1-3269(CUB)

PAGE 14

I concur with the report prepared by Jeffrey W. Pool, Planning Staff for the Office of Zoning Administration, on this application and approve the same.
Jeffrey W. Pool City Planner

H CHARLES J. ~ ~ U S C JR., Associate Zoning Administrator

cc:

Co~~ncilmember Wesson Herb Tenth District Adjacent Property Owners

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PARTIAL WEST ELEVATION (FALLAS BLDG)

L-.

SIDEWALK PLAN
SCALE

;i:, .,7

PROPOSED EAST ELEVATION

SC.LL5

!;=,

"

PROPOSED WEST ELEVATION :<ALE ,=t 0 (FACING LA BREA)

PROPOSED SOUTH ELEVATION

S C I L E ;1 =

-@spandrel Glalng

0
SW 7716 Croissant SW 7694 Dromedary Camel SW 7702 Spiced Cider Coronado Stone Playa Vista Stone Color: Alaskan Sunset Drystack Green Screen
0

EEHTS
1 1 1

POIM OFARE RELAT~VE L o w GRADE TO

li

1 .

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Los Angeles, CA