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Agenda Item #:__________________________

Staff ReportCity of Manhattan Beach

Honorable Mayor Ward and Members of te City Council

THROUGH: Richard Thompson, Interim City Manager

FROM: Laurie B. Jester, Acting Director of Community DevelopmenEric Haaland, Associate Planner

DATE: July 20, 2010

SUBJECT: Determination that the Public Convenience or Necessity Would be Served by theIssuance of an Alcohol Beverage License at 1400 Parkview Avenue (Marriott Hotel)

RECOMMENDATION:Staff recommends that the City Council APPROVE the request by determining that the publicconvenience would be served by the issuance of a beer and wine license for the Marriott Hotelgift shop at 1400 Parkview Avenue

FISCAL IMPLICATION:There are no fiscal implications associated with the recommended action.

DISCUSSION:The City has received a request from a proposed business owner of a gift shop being constructedwithin existing space adjacent to the Manhattan Beach Marriott Hotel lobby. The applicant hasreceived final approval for tenant improvements to accommodate the new shop and is nowseeking Council approval to sell beer and wine for off-site consumption. The hotel operatormaintains alcohol licenses for other aspects of the facility such as restaurant, banquet, and roomservice, but the gift shop is owned and operated separately. Previous gift shop operations havenot included alcohol sales. The applicant’s intention to sell packaged beer and wine in the newgift shop now requires issuance of a Type 20 license from the State Department of AlcoholBeverage Control (ABC).

When reviewing a new license application, the ABC evaluates the concentration of existinglicenses and, for most cases in Manhattan Beach, requires the applicant to demonstrate that a“public convenience” or “public necessity” would be served prior to the ABC’s issuance of thelicense. This determination is typically rendered by the City Council.

The City’s Zoning Code requires use permit approval for new alcohol licenses in all Commercialzones, which typically contains the required determination of “public convenience” for the ABC.No such planning procedures are required in this case since the site is located in a PlannedDevelopment lone, and the proposal is consistent with the hotel’s existing Planned Development

TO:

Agenda hem #:,

permit (attached).

Public notice for this item was provided at the City Hall bulletin board and posted at the subjectlocation.

Although there are other establishments in the vicinity that sell alcohol for on and off-siteconsumption, staff does not believe that the proposed use would adversely contribute to, orsignificantly increase the concentration of alcohol licenses. The gift shop space itself is bufferedfrom residential uses due to its location within a large hotel building that is surrounded bycommercial and recreational uses. The Police Department has had an opportunity to review thesubject request and has indicated no objection to the applicant’s proposal. Based upon staff’sreview, compliance with applicable codes and state mandated regulations, it is anticipated thatthe proposal would provide a convenient, visitor serving business that would not promotedisruptive activity.

ALTERNATIVES:The alternatives to the staff recommendation include:

1. REMOVE this item from the Consent Calendar and make a motion to APPROVE thedetermination that public convenience or necessity would be served by the issuance of theliquor license as modified by the Council.

2. REMOVE this item from the Consent Calendar and make a motion to DENY the request bydetermining that public convenience or necessity would not be served by the issuance of theliquor license.

Attachments:Resolution No. 4114Applicant RequestPolice CommentsPlans

C: Travel Traders Investments, LLC, ApplicantCindy Block, Representative

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1R6SOLUTICN NO. 4114

2 A RESOLuTION OF THE CITY COUNCIL OF THECITY OF MANHATTAN BEACH, CALIFORNIA,3 REVERSING THE DECISION OF THE PLANNINGCOMMISSION MADE IN ITS RESOLUTION NO. 84-94 AND APPROVING THE FINAL PLANS FOR COMMERCiAL PLANNED DEVELOPMENT PERMIT PURSUANT5 TO THE APPLICATION OF MANHATTAN BEACHHOTEL PROPERTIES FOR PROPERTY LOCATED6 AT 1400 PARK VIEW AVENUE IN SAID CiTY7 WHEREAS, the Planning Commission of the City of8 Manhattan Beach conducted a duly noticed publiL hearing on9 February 22, 1984, to review the final plans for a Commercial10 Planned Development Permit pursuant to the application of

ii Manhattan Beach Hotel Properties for property legally described12 as Lot 1 of Parcel Map 13910 in said city; and13 WHEREAS, the puqose of the application is to allow14 the development of an approximately 300,000 ,quare foot,15 400-room hotel with ancillary uses consisting of food, beverageand banquet facilities, in conjunction with a nine-hole golf17 course to be developed on an ad5oining parcel aDproximately18 21 acres in size; and

19 WHEREAS, the City of Manhattan Beach is the owner20 of the subject properties, acquired from Chevron Land and21 Development Conmeny, arid zoned CPD-2 (Commercial Planr.ecl IJevel22 opment) and OS-R (Open Space Recreation); and23 WHEREAS, the final Commercial Planned Dccc- ljpment24 Permit was filed in conjunct on with a Zone Variance Application;and

26 WHEREAS, on February 22, 1984, the Planning Commission27 adopted its Resolurion No. 84-9, denying the final Commercial28 Planned Development Permit, and adopted its Resolution No.29 84-10, apprcvir,g the Zone Variance;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF31 MANHATTAN BEACH, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, FIND,32 DETERMINE AND ORDER AS FOLFOWS:

Ros. 4114•4

I. SECTiON 1. That the City Council hereby makes the2 following findings:

5 1. That the application for approval of finaldevelopment plans has been processed in accordance with the4 requirements of law.

6 2. That the submitted development plans were reviewedand found to be in substantial compliance with the approved$ preliminary plans and conditions.‘1 SECTiON_2. That the City Council does hereby$ approve the Final Commercial Planned Development Permit forg Nanhattan Beach Hotel Properties, subject to the following

1.0 conditions:

11 1. No improvements other than landscaping shall beinstalled on the parcel 25 feet in width concentric with the12 existing southerly line of Park View Avenue, 15 feet in width,and extending from Park Way to the easterly boundary of theis golf course property, to be preserved for future improvementof Park View Avenue or other public purpose.142. Public improvements peripheral to the development,is including but not necessarily limited to curb, gutter, sidewalk,driveways, pavement, lighting, traffic signs, and other such1$ improvements as may be required by the City shall be installedby the applicant in conjunction with the development.1.73. Refuse enclosure areas shall be constructedj subject to approval as to location and design by the PublicWorks Department

194. A site landscaping plan shall be submitted in20 con;unction with building permit application and shall besubject to approval of the Public Works Department.21.5. On-site fire suppression system shall be subjectte approval by the Fire and Public Works Departments, whichmay include the installation of fire hydrant(s), connectingwater nina, and roadways (firelanes) with adequate tuningradii as deemed appropriate to serve the development.246. The installation of safety precautions, such asa fence, shall be installed adjacent to the proposed bike pathto mitigate a safety concern around parts of the golf course.The path should be designed in compliance with current safetystandards.

277. A survey signed by a licensed surveyor orregistered Civil Engineer shall be submitted noting the existingeevations of the site.

8. Valot parking service shall be mandatory at tinswhen nuder parking is utIlized., z 9. All of the mitigation measures as detailed n theInitial Study/Environmental Assessment No. 83-2 shall be32 included as conditions, to be implemented in conjanctton withthe development of the hotel complex.

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Res. 4114

110. The project shall be in substantial compliancewith the plans as submitted.2

11. On-site and off-site access and circulation3 shall be subject to approval by the Departments of Public Worksand Community Development in conjunction with the submittal of4 the Final Commercial Planned Development Permit. The proposedcirculation plans may require revisions to the proposed oval5 entry court, which may include, but not limited to, locatingthe point of ingress/egress to the east along the proposed6 Park View Avenue extension or to eliminate the easterly barrel

of the entry court, creating a circular entry court connected7 to Park View Avenue by a roadway similar to the westerly barreldirectly opposite Park Way81

12, Secondary access shall be provided to the9 proposed structure subject to the approval of the Departmentsof Public Works and Community Development. Said access may10 require that Park View Avenue be fully developed to its ultimatewidth to the easterly property line of the development with11 a cul-de-sac at its terminus.

121 iS. Installation of structures within the SouthernCalifornia Edison Company shall require approval of said utility13

l4. Water shall not be alirwed to sheet flow from14 the neoperty. All nuisance and storm water shall be confinedto underground Storm drain pipes, which shall be connected to15 the existing storm drain line located around the perimeter ofthe development, subject to approval by the Public Works16 Department.

17 IS. All hotel aeas, including the water elenents,shall be constructed no lower than an elevation of 75 feet.18I 16. All levels of parking shall be well lighted19 hours a day and emergency telephones shall be made availableon each parking level for those patrons who park their cars20 and utilize elevators or stairways to the lobby.

21 17. lIfe specific plans for the golf course shall bercvised to address the concerns of the Departments of Parks22 and Recreation and Public Works prior to construction.23 18, The applicant shall secure approval by the Cityof a covenant agreement whereby the required twenty 120) feet24 wrde Fire Department access, extending along and adjoinrngthe east building line and encroaching onto adjacent City25 property, shall bc naintal-ied open, free and clear uf bstructions and as otherwcse may be required by the Fire Department26 for the life of the building. The applicant shall obtaininsurance as may be recurred by the City and complete all27 applicable installation requirements and execute any maintenanceagreements as may be deemed appropriate for said access.28

19. if there is change of project archrtect,29 currently Maxwell Starkean ar .-issociates, the developer sial1immediae1y notify the Crly of Manhattan Beach in writing.3020. The applicant shall work with the Department31 of Community Development to mst:gatc the design concernsaddressed in the February 8, 1984 Staff Report and by the32 Planning Commissioners at the puh]ic hearing including, hitnor limited to, the double row planter treatment on the

lies. 1113

1. south roof duck as a substitute for thu terracing concept,the intcrit ion of the parking 5ttucturn wsth the aaainder2 oF the hotel structure, the Iront entrance and porte cochere,the architectural relief treatment on the south elevation, and3 the treatment of the west and east elevations.4 21. Park View Avenue shall he extended further eastto the oroperty line as previously agreed to by the developer,5 not as ndacated on the latest site plan.

6 SECTION 5. This resolution shall become effective7 immediately.

8 SECTION 1. The City Clerli shall certfy to tEepassage and adoption of this resolution; shall cause the saae

10 to be entered in the book of original resolutions of said Ci:shall ma)e a minute of the passage and adoption thereof in che

12 records of the psoccedings of the City Council of said City in13 the minutes of the nceting at which the same is pacd an.14 adopted and shall forward a certified copy of this resolution- to the Director of Community Develooment and the applicant

for their information and files.

17 PASSED, APPROVED and ADOPEID this 27th day of18 February, 10I4.

19 !‘rs Lesser, Sweeney, Sw:tser, Wajccr, and Mayor HolmesNoes. None20 Absen: : None

Abst3in: None21

/s/ C. R. Holmes22

Mayer, City of Manhattan Ecach,California23

24 ATTE5T.

25 1i’S! John Allan Lacey26

__________________

27 City Clerk

28.,

, .

29j

Public Convenience and Necessity Application

Project DescriptionTravel Traders, LLC

1400 Park View Avenue, Manhattan Beach

The Applicant is the operator of a gift shop located within an existing 400 room, 300,000 s.f.

Marriot hotel located on City land and developed pursuant to City Council Resolution No. 4114,

dated February 27, 1984. The gift shop itself is approximately 670 s.f. in size, and is located in

the hotel’s main floor lobby adjacent to the registration counter. The Applicant proposes to sell

a selection of beer and wine along with a variety of gifts, snacks, and sundry-type items at the

gift shop for the convenience of hotel guests, and is requesting that the City Council make a

finding of Public Convenience and Necessity to enable the gift shop to sell these products.

Page 1 of 2

Eric Haaland

From: Bryan Klatt

Sent: Tuesday, June 29, 2010 2:39 PM

To: Eric Haaland

Subject: FW: Manhattan Beach PCN

Fric,

Afler a rev iev of the attached letter from (‘indy Block of 1 ravel I’raders regarding theestablishment of a separate liquor license to operate an independent gift shop that sells alcoholicbeverages to operate inside the Murriot hotel, I have no objection to al1ov ing them to moveforvv arti v ith applying to the ABC for a separate license.

B ryan

Bryan KlattWatch Commander Lieutenant

MANIJAIfAbI BLACH

From: cindy block [mailto: cindy@liquorlicense.com]Sent: Tuesday, June 29, 2010 2:22 PMTo: Bryan KlattSubject: FW: Manhattan Beach PCN

Here you go

From: cindy block [mailto:cindy@liquorlicense.comjSent: Monday, June 21, 2010 9:09 AMTo: ehaaland@citymb.infoSubject: Manhattan Beach PCN

Hi Eric,

Thank you for your assistance ,it is much appreciated. Let’s try this again ..... Attached please find the

revised letter of explanation for the pending PCN on the project at the Marriott located at 1400 ParkView.Should you or Sergeant Vargas have any questions please let me know.

Cindy Block

06/29/2010

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Liquor License Specialists17383 Sunset Blvd, Suite A 310Pacific Palisades, CA. 902728OO222577731O.526O7B8 direct dial31O4593688 faxcindy@liquorlicense.comwww. liquorlicensecom

Please consider the environment before printing this email.

06/29/2010

Ub/.ll/.UiU MON 9:1t LA2 jVVI 0V4

6205 Blue Lagoon DriveSuite 550

Miämi, FL 33126786-388-2500 Office786-388-2560 Fax

Project Description

Travel Traders, LLC

1400 Park View Avenue, Manhattan Beach

The Applicant, Travel Traders LEC, an independent, operator of the gift shop located within an existingMarriot hotel located on City land and developed pursuant to City Council Resolution No. 4114, datedFebruary 27, 1984. The hotel comprises of 400 rooms and 300,000 s.f.

Travel Traders, LLC (applicant) the gift shop operator, is a completely separate entity from TheMarriott itselL Irave1 Traders, LLC (applicant) has permission from the hotel to obtain its own liquorlicense and to sell beer and wine along with a variety of gifts, snacks, and sundry-type items at the giftshop for the convenience of hotel guests. The gift shop itself is approximately 670 s.f. in size, and islocated in the hotel’s main floor lobby adjacent to the registration counter.

The Marriott hotel has its own liquor license that serves the hospitality areas, including the ballroom,conference area, and a small bar area. The hotel’s license is for on-site consumption. The gift shop’slicense will be for off-site consumption. Travel Traders, LLC (applicant) is requesting that the CityCouncil make a finding of Public Convenience and Necessity to enable the gift shop to sell theseproducts.

Public Convenience and Necessity Application

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HotelEntrance

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Marriott Hotel Vicinity

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CCC

Gift Shop Floor Plan