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ESTINEH MAI LI ANINTERIM CHIEF ZONING ADMINISTRATOR
DEPARTMENT OF
CITY PLANNINGCity of Los AngelesCALIFORNIAASSOCIATE ZONING ADMINISTRATORS
JACK CHIANG HENRY CHU
THEODORE L. IRVING ALETA D. JAMES
FRANKLIN N. QUON CHARLES J. RAUSCH JR
FERNANDO TOVAR DAVID S. WEINTRAUB MAYA E. ZAITZEVSKY
VINCENT P. BERTONI, AICP DIRECTOR
(213) 978-1271
KEVIN J. KELLER AICPEXECUTIVE OFFICER
(213)978-1272
M 4!
frJLd/i,LISA M. WEBBER, AICP
DEPUTY DIRECTOR
(213) 978-1274
ERIC GARCETTIMAYOR
http://planning.lacity.org
June 20, 2019
CASE NO ZA-2019-0069-CUB CONDITIONAL USE 19350 West Nordhoff Way Chatsworth - Porter Ranch Planning
AreaZone: C4-1D. M.: 195B11; 198B117C. D.: 12-SmithCEQA: ENV-2019-0090-CE Legal Description: Lot FR 1, Tract TR
26819
Paul Cornejo (A)ALDI, Inc.12661 Aldi Place Moreno Valley, CA 92555
TKG Nordhoff Tampa Plaza LLC (O) 211 N Stadium Boulevard #201 Columbia, MO 65203
Doug Couper (R) GreenbergFarrow 30 Executive Park #100 Irvine, CA 92614
Pursuant to CEQA Guidelines Section 15061,1 hereby DETERMINE:
based on the whole of the administrative record, that the Project is exempt from CEQA pursuant to CEQA Guidelines Section 15301 and there is no substantial evidence demonstrating that an exception to a categorical exemption pursuant to CEQA Guidelines, Section 15300.2 applies.
Pursuant to Los Angeles Municipal Code Section 12.24-W.1 I hereby APPROVE:
a Conditional Use to allow the sale of beer and wine for off-site consumption in conjunction with a proposed grocery store, in the C4-1 zone.
upon the following additional terms and conditions:
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.
1.
The use and development of the property shall be in substantial conformance with the plot plan and floor plan submitted with the application and marked Exhibit "A", except as may be revised as a result of this action.
2.
CASE NO. ZA-2019-0069-CUB PAGE 2
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 impose additional corrective Conditions, if, in the Zoning Administrator's opinion, such Conditions are proven necessary for the protection of persons in the neighborhood or occupants of adjacent property.
3.
All graffiti on the site shall be removed or painted over to match the color of the surface to which it is applied within 24 hours of its occurrence.
4.
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 Department of City Planning and the Department of Building and Safety for purposes of having a building permit issued at any time during the term of this grant.
5.
Prior to the effectuation of this grant, 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 form CP-6770) shall run with the land and shall be binding on any subsequent owners, heirs or assigns. The 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 shall be provided for inclusion in case file.
6.
Authorized herein is the sale of a beer and wine for off-site consumption with a proposed 19,100 square-foot grocery store (ALDI). The hours of operation shall be limited to 9 a.m. to 9 p.m., daily. No after-hour use is permitted, except routine clean-up.
7.
Complaint Log. Prior to the utilization of this grant, a telephone number and email address shall be provided for complaints or concerns from the community regarding the operation. The phone number and email address shall be posted at the following locations:
8.
Entry, visible to pedestriansCustomer service desk, front desk or near the hostess station
a.b.
Complaints shall be responded to within 24-hours. The applicant shall maintain a log of all calls and emails, detailing: (1) date complaint received; (2) nature of complaint, and (3) the manner in which the complaint was resolved.
STAR/LEAD Training. Within the first six months of operation or the effectuation of the grant, all employees involved with the sale of alcohol shall enroll in the Los Angeles Police Department “Standardized Training for Alcohol Retailers” (STAR) or Department of Alcoholic Beverage Control “Licensee Education on Alcohol and Drugs” (LEAD) training program. Upon completion of such training, the applicant shall request the Police Department or Department of Alcoholic Beverage Control to issue a letter/certificate identifying which employees completed the training.
9.
CASE NO. ZA-2019-0069-CUB PAGE 3
Thereafter, STAR/LEAD training shall be conducted for all new hires within three (3) months of their employment.
10. All employees working at the location shall be attired in distinctive, matching uniforms during hours of employment and wear nametags identifying them as employees of the location.
A file containing all employees’ names, current address and a photocopy of valid identification shall be maintained and accessible. A thorough background/criminal check shall be conducted on all new Senior Management personnel employed at the location and shall be in accordance to State Labor Code Section 432.7.
11.
All employees shall have valid identification and shall possess them on the premise when working.
12.
The applicant shall be responsible for monitoring both patron and employee conduct on the premises and within the parking areas under his/her control to assure such conduct does not adversely affect or detract from the quality of life for adjoining residents, property owners, and businesses.
13.
14. Loitering is prohibited on or around these premises or the area under the control of the applicant. "No Loitering or Public Drinking" signs shall be posted in and outside of the subject facility.
The Applicant shall be responsible for maintaining the premises and adjoining sidewalk free of debris or litter.
15.
Parking shall be provided in compliance with the Municipal Code and to the satisfaction of the Department of Building and Safety. No variance from the parking requirements has been requested or granted herein.
16.
An electronic age verification device shall be purchased and retained on the premises to determine the age of any individual and shall be installed on at each point-of-sales location. This device shall be maintained in operational condition and all employees shall be instructed in its use.
17.
18. A camera surveillance system shall be installed and operating at all times to monitor the interior, entrance, exits and exterior areas, parking areas, in front of and around the premises. Recordings shall be maintained fora minimum period of 30 days and are intended for use by the Los Angeles Police Department.
There shall be no exterior advertising or sign of any kind or type, 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.
19.
CASE NO. ZA-2019-0069-CUB PAGE 4
All exterior portions of the site shall be adequately illuminated in the evening so as to make discernible the faces and clothing of persons utilizing the space. Lighting shall be directed onto the site without being disruptive to persons on adjacent properties.
20.
21. All outside trash containers at the location shall be enclosed and shall be located so as not to result in noise or odor impacts to adjacent uses. Trash shall be picked up on a regular basis and shall not be allowed to accumulate to the point of overflow. Any trash compactor(s) shall comply with the City Noise Ordinance and shall be in use only between the hours of 8 a.m. and 9 p.m., Monday through Friday, and 9 a.m. and 9 p.m., Saturday and Sunday.
Signs shall be posted in English and Spanish stating that California state law prohibits the sale of alcoholic beverages to people under 21 years of age.
22.
Signage shall be posted on the outside of the premises notifying the public of the provisions of Section 41.27(d) of the Los Angeles Municipal Code, in English and Spanish, as follows:
23.
“It is a violation of Section 41.27(d) of the Los Angeles Municipal Code to possess any bottle, can or other receptacle containing any alcoholic beverages which has been opened, or a seal broken, or the contents of which have been partially removed, on or adjacent to these premises.”
Coin operated game machines, pool tables or similar game activities or equipment shall not be permitted. Official California State lottery games and machines are allowed.
24.
Smoking tobacco or any non-tobacco substance, including from electronic smoking devices, is prohibited in or within 10 feet of the outdoor dining areas in accordance with Los Angeles Municipal Code Section 41.50 B 2 C. This prohibition applies to all outdoor areas of the establishment if the outdoor area is used in conjunction with food service and/or the consumption, dispensing or sale of alcoholic or non-alcoholic beverages.
25.
The Applicant(s) shall comply with 6404.5(b) of the Labor Code, which prohibits smoking within any place of employment. The applicant shall not possess ashtrays or other receptacles used for the purpose of collecting trash or cigarettes/cigar butts within the interior of the subject establishment.
26.
A copy of these conditions shall be retained on the premises at all times and be immediately produced upon request by any law enforcement official, employees shall be made familiar with the conditions and implement them as necessary.
27.All
All windows shall be maintained free of signs and other material which inihibit views into the facility.
28.
CASE NO. ZA-2019-0069-CUB PAGE 5
ADMINISTRATIVE CONDITIONS
MViP - Monitoring Verification and Inspection Program. Prior to the effectuation of this grant, fees required per L.A.M.C section 19.01 E (3) for Monitoring of Conditional Use Permits and Inspection and Field Compliance Review of Operations shall be paid to the City.
Within 24 months from the beginning of operations or issuance of a Certificate of Occupancy, a City inspector will conduct a site visit to assess compliance with, or violations of, any of the conditions of this grant. Observations and results of said inspection will be documented and included in the administrative file.
29.
a.
The owner and operator shall be notified of the deficiency or violation and required to correct or eliminate the deficiency or violation. Multiple or continued documented violations or Orders to Comply issued by the Department of Building and Safety which are not addressed within the time prescribed, may result in additional corrective conditions imposed by the Zoning Administrator.
Should there be a change in the ownership and/or the operator of the business, the property owner and the business owner or operator shall provide the prospective new property owner and the business owner/operator with a copy of the conditions of this action prior to the legal acquisition of the property and/or the business. Evidence that a copy of this determination including the conditions required herewith has been provided to the prospective owner/operator shall be submitted to the Department of City Planning in a letter from the new operator indicating the date that the new operator/management began and attesting to the receipt of this approval and its conditions. The new operator shall submit this letter to the Department of City Planning within 30-days of the beginning day of his/her new operation of the establishment along with any proposed modifications to the existing the floor plan, seating arrangement or number of seats of the new operation.
The Zoning Administrator reserves the right to require that the new owner or operator file a Plan Approval application, if it is determined that the new operation is not in substantial conformance with the approved floor plan, or the operation has changed in mode or character from the original approval, or if documented evidence be submitted showing a continued violation(s) of any condition(s) of this grant resulting in a disruption or interference with the peaceful enjoyment of the adjoining and neighboring properties. The application, in association with the appropriate fees, and a 500-foot notification radius, shall be submitted to the Department of City Planning within 30 days of the date of legal acquisition by the new owner or operator. The purpose of the plan approval will be to review the operation of the premise and establish conditions applicable to the use as conducted by the new owner or operator, consistent with the intent of the Conditions of this grant. Upon this review, the Zoning Administrator may modify, add or delete conditions, and if warranted, reserves the right to conduct this public hearing for nuisance abatement/revocation purposes.
b.
30.
31.
CASE NO. ZA-2019-0069-CUB PAGE 6
INDEMNIFICATION AND REIMBURSEMENT OF LITIGATION COSTS.32.
Applicant shall do all of the following:
Defend, indemnify and hold harmless the City from any and all actions against the City relating to or arising out of, in whole or in part, the City’s processing and approval of this entitlement, including but not limited to, an action to attack, challenge, set aside, void, or otherwise modify or annul the approval of the entitlement, the environmental review of the entitlement, or the approval of subsequent permit decisions, or to claim personal property damage, including from inverse condemnation or any other constitutional claim.
(i)
(ii) Reimburse the City for any and all costs incurred in defense of an action related to or arising out of, in whole or in part, the City’s processing and approval of the entitlement, including but not limited to payment of all court costs and attorney’s fees, costs of any judgments or awards against the City (including an award of attorney’s fees), damages, and/or settlement costs.
Submit an initial deposit for the City’s litigation costs to the City within 10 days’ notice of the City tendering defense to the Applicant and requesting a deposit. The initial deposit shall be in an amount set by the City Attorney’s Office, in its sole discretion, based on the nature and scope of action, but in no event shall the initial deposit be less than $50,000. The City’s failure to notice or collect the deposit does not relieve the Applicant from responsibility to reimburse the City pursuant to the requirement in paragraph (ii).
(iii)
(iv) Submit supplemental deposits upon notice by the City. Supplemental deposits may be required in an increased amount from the initial deposit if found necessary by the City to protect the City’s interests. The City’s failure to notice or collect the deposit does not relieve the Applicant from responsibility to reimburse the City pursuant to the requirement in paragraph (ii).If the City determines it necessary to protect the City’s interest, execute an indemnity and reimbursement agreement with the City under terms consistent with the requirements of this condition.
(v)
The City shall notify the applicant within a reasonable period of time of its receipt of any action and the City shall cooperate in the defense. If the City fails to notify the applicant of any claim, action, or proceeding in a reasonable time, or if the City fails to reasonably cooperate in the defense, the applicant shall not thereafter be responsible to defend, indemnify or hold harmless the City.
The City shall have the sole right to choose its counsel, including the City Attorney’s office or outside counsel. At its sole discretion, the City may participate at its own expense in the defense of any action, but such participation shall not relieve the applicant of any obligation imposed by this condition. In the event the Applicant fails to comply with this condition, in whole or in part, the City may
CASE NO. ZA-2019-0069-CUB PAGE 7
withdraw its defense of the action, void its approval of the entitlement, or take any other action. The City retains the right to make all decisions with respect to its representations in any legal proceeding, including its inherent right to abandon or settle litigation.
For purposes of this condition, the following definitions apply:
“City” shall be defined to include the City, its agents, officers, boards, commissions, committees, employees, and volunteers.
“Action” shall be defined to include suits, proceedings (including those held under alternative dispute resolution procedures), claims, or lawsuits. Actions include actions, as defined herein, alleging failure to comply with any federal, state or local law.
Nothing in the definitions included in this paragraph are intended to limit the rights of the City or the obligations of the Applicant otherwise created by this condition.
OBSERVANCE OF CONDITIONS - 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 upon you to advise them regarding the conditions of this grant.
VIOLATIONS OF THESE CONDITIONS. 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 Condition imposed by the Director, Zoning Administrator, Area Planning Commission, City Planning Commission or City Council in connection 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
CASE NO. ZA-2019-0069-CUB PAGE 8
punishable by a fine of not more than $2,500 or by imprisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment.
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 complied 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 JULY 5. 2019. unless an appeal therefrom is filed with the City 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 the 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 available on-line at http://planning.lacitv.org. Public offices are located at:
San Fernando ValleyMarvin Braude San Fernando
Valley Constituent Service Center 6262 Van Nuys Boulevard, Room 251
Van Nuys, CA 91401 (8181 374-5050
DowntownFigueroa Plaza
201 North Figueroa Street, 4th Floor Los Angeles, CA 90012
(2131482-7077
West Los AngelesWest Los Angeles Development
Services Center 1828 Sawtelle Boulevard,
2nd FloorLos Angeles, CA 90025
(3101 231-2598
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 Planning Staff assigned to this case. This would include clarification, verification of condition compliance and plans or building permit applications,etc.
FINDINGS OF FACT
After thorough consideration of the statements contained in the application and the plans submitted therewith, 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 under the provisions of Section 12.24-W have been established by the following facts:
CASE NO. ZA-2019-0069-CUB PAGE 9
BACKGROUND
The subject property is a level, irregular lot, with approximately 800 feet of frontage along Nordhoff Way and 170 feet of frontage along Nordhoff Street in Northridge. The property measures approximately 396,792 square feet and is developed with one large shopping center building with a surface parking lot and a parking garage. Tenants in the shopping center currently include Best Buy, 24-Hour Fitness, Flamebroiler, and Jersey Mike’s.
The applicant is requesting a Conditional Use Permit to allow the sale and dispensing of beer and wine for off-site consumption in conjunction with a proposed 19,100 square foot grocery store (ALDI), with proposed hours of operation from 9:00 a.m. to 9:00 p.m., daily.
The submitted site plan shows the subject tenant space as located in the northwest corner of the building. The entrance to the grocery store is located along the approximately 92 feet of building frontage facing the parking lot. Beer and wine are located in a display aisle nearest the checkout area. The checkout area is between the entrance and the beer and wine display.
The subject site is located within the Chatsworth - Porter Ranch Community Plan Area with a Regional Center Commercial land use designation. The subject site is zoned C4- 1. The property is further located within a MTA Project area (ZI-1117), an Urban Agriculture Incentive Zone, and the Los Angeles State Enterprise Zone (ZI-2374). The site lies within 7.2 kilometers of the nearest known fault line (Santa Susana) and is within a liquefaction zone.
Immediate surrounding properties are zoned for commercial, industrial, and public facilities uses. A channelized wash and a heavy rail right-of-way are adjacent to the site to the south and are zoned OS-1XL and MR2-1 respectively. The properties to the east, west, and north are zoned C4-1 and are developed with a large shopping centers and a mall (Northridge Fashion Center).
STREETS
Nordhoff Wav, adjoining the property to the west, is a designated Boulevard II, dedicated to a width of 110 feet and improved to a width of 100 feet with concrete curb, gutter and sidewalk.
Previous zoning related actions on the site/in the area include:
Subject Property:
Case No. ZA-2018-1063-CUB - On August 29, 2018 the Zoning Administrator approved a Conditional Use to allow the sale of beer and wine for on-site consumption in conjunction with an art studio (19350 West Nordhoff Way Suite E).
Case No. AA-2006-1296-PMLA- On August 20, 2018, a request to subdivide lot into 4 parcels was terminated.
CASE NO. ZA-2019-0069-CUB PAGE 10
Case No. ZA-2013-2777-CUB - On March 17, 2014 the Zoning Administrator approved a Conditional Use Permit authorizing the sale and dispensing of beer and wine only for on-site consumption in conjunction with a new restaurant, in the C4-1 Zone (19332 Nordhoff Street).
Case No. ZA-2010-238-ZAD - On May 20, 2010 the Zoning Administrator approved a Zoning Administrator's Determination to permit 1,148 parking spaces to be shared parking spaces for the Tampa Plaza Shopping Center in lieu of the 1,401 parking spaces required in the C4-1 and PI Zones (19312-19342 West Nordhoff Street).
Case No. ZA-2008-4524-CUB - On June 3, 2009 the Zoning Administrator approved a Conditional Use to allow the sale and dispensing of beer and wine only for off-site consumption with a proposed 15,670 square-foot market, in conjunction in the C4 and P-1 Zones (19320 West Nordhoff Way).
Case No. AA-2007-1590-PMEX - On May 22, 2008, the Advisory Agency approved a lot line adjustment between two parcels in the C4-1 and P-1 Zone.
Case No. ZA-2006-10306-ZV-SPR - On January 14, 2008 the Zoning Administrator approved a Variance granting the conversion of an existing two-story building to an approximately 44,100 square-foot health club in the C4 Zone as part of an existing approximately 188,000 square-foot shopping plaza; and a Determination of Site Plan Review for the conversion of existing space to include a health club (19340 West Nordhoff Way).
Case No. ZA-2004-7415-CUB-SPR - On February 24, 2006 a request was withdrawn for a conditional use for off-site sale of beer and wine and site plan review for demolition and construction of retail store (19350 West Nordhoff Street).
Surrounding Properties:
Case No. ZA-2018-4699-CUB - On January 10, 2019 the Zoning Administrator approved a Conditional Use to allow the sale and dispensing of a full line of alcoholic beverages for on-site consumption in conjunction with a proposed restaurant. (9034 Tampa Avenue)
Case No. ZA-2015-25-CUB - On March 2, 2016 the Zoning Administrator approved a conditional use to allow the sale of a full line of alcoholic beverages for off-site consumption in at an existing market in the C4-1 Zone. (9031 Tampa Avenue #134)
Case No. ZA-2014-3318-CUB - On June 11, 2015 the Zoning Administrator approved a conditional use to permit the sale of a full line of alcoholic beverages for on-site consumption in conjunction with an existing restaurant. (9301 Tampa Avenue, Suite 144)
Case No. ZA-2014-960-CUB - On November 19, 2014 the Zoning Administrator approved a conditional use authorizing the sale and dispensing of beer and wine
CASE NO. ZA-2019-0069-CUB PAGE 11
for on-site consumption in an existing restaurant in the C2-1 L Zone. (9084 Tampa Avenue)
Case No. ZA-2013-313-CUB - On May 22, 2013 the Zoning Administrator approved a Conditional Use to permit the sale and dispensing of a full line of alcoholic beverages in conjunction with the renovation of an existing 5,473 square- foot retail space into a restaurant, with a 634 square patio and a 462 square-foot lounge area. (9301 N. Tampa Avenue)
Case No. ZA-2012-1978-CUB - On November 16, 2012 the Zoning Administrator approved a Conditional Use to permit the sale and dispensing of beer and wine for on-site consumption in conjunction with an existing full service restaurant. (192301 9240 West Nordhoff Street; 19241 West Eddy Street; and 8940-9084 North Tampa Avenue)
Case No. ZA-2011-1645-CUB - On April 25, 2012 the Zoning Administrator approved a Conditional Use Permit authorizing the sale and dispensing of beer and wine only for on-site consumption, in conjunction with an existing restaurant in the C1-1L and P-1 Zones. (8876 Corbin Avenue)
Case No. ZA-2008-3403-CUB - On March 20, 2009 the Zoning Administrator approved a Conditional Use to allow the sale and dispensing of beer and wine only for on-site consumption for tasting events and education classes, and to permit the sale and dispensing of a full line of alcoholic beverages for off-site consumption, in conjunction with the use and maintenance of a wine and spirits store, totaling 22,500 square feet in floor area, located in an existing commercial building in the C4 and P-l Zones. (8941 North Tampa Avenue)
Public Hearing
The public hearing was held on May 21, 2019 at the 1st Floor Conference Room in the Marvin Braude Building in Van Nuys. The hearing was attended by the applicant’s representative, Dough Cooper.
Mr. Cooper made the following statements:
Aldi’s market will be occupying the subject space.The site is zoned C4 and in the Chatsworth Porter - Ranch Community Plan area. The land use designation is Regional Center Commercial and is within the 255,139 square-foot Northridge Plaza Shopping Center.The site is within an Enterprise Zone, which addresses parking regulations.The Aldi’s market will occupy a 19,000 sf space previously occupied by Office Max. Aldi’s is a grocery store that will have ancillary beer and wine sales.Hours will be from 9 a.m. to 9 p.m., daily.There will be surveillance at each aisle.Aldi’s will have exterior lighting and offer training to its employees.Outreach includes the neighborhood council and the council office, who expressed support.
CASE NO. ZA-2019-0069-CUB PAGE 12
There were no public speakers present at the public hearing.
At the conclusion of the public hearing, the Associate Zoning Administrator approved the request.
Public Correspondence
On April 25, 2019, the Board of Northridge South Neighborhood Council voted unanimously to support the request for the granting of a Conditional Use Permit for the sale of beer and wine at the subject location.
CONDITIONS IDENTIFIED FOR CONSIDERATION BY THE STATE DEPARTMENTOF ALCOHOLIC BEVERAGE CONTROL RELATIVE TO THE SALE ANDDISTRIBUTION OF ALCOHOLIC BEVERAGES
In approving the instant grant, the Zoning Administrator has not imposed Conditions specific to the sale or distribution of alcoholic beverages, even if such Conditions have been volunteered or negotiated by the applicant, in that the Office of Zoning Administration has no direct authority to regulate or enforce Conditions assigned to alcohol sales or distribution.
The Zoning Administrator has identified a set of Conditions related to alcohol sales and distribution for further consideration by the State of California Department of Alcoholic Beverage Control (ABC). In identifying these conditions, the Office of Zoning Administration acknowledges the ABC as the responsible agency for establishing and enforcing Conditions specific to alcohol sales and distribution. The Conditions identified below are based on testimony and/or other evidence established in the administrative record, and provide the ABC an opportunity to address the specific conduct of alcohol sales and distribution in association with the Conditional Use granted herein by the Zoning Administrator.
• Cashiers selling beer and wine shall be over 21 years of age.• Consumption of beer and wine on-site is prohibited.
BASIS FOR CONDITIONAL USE PERMITS
A particular type of development is subject to the conditional use plan approval 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 conditional use permit from the Zoning Administrator are located within Section 12.24-W of the Los Angeles Municipal Code. In order for the sale and dispensing of beer and wine for off-site consumption in conjunction with a grocery store to be authorized, certain designated findings have to be made. In these cases, there are additional findings in lieu of the standard findings for most other conditional use categories.
CASE NO. ZA-2019-0069-CUB PAGE 13
FINDINGS
1. The project will enhance the built environment in the surrounding neighborhood or will perform a function or provide a service that is essential or beneficial to the community, city or region.
The subject property is a level, irregular lot, with approximately 800 feet of frontage along Nordhoff Way and 170 feet of frontage along Nordhoff Street in Northridge. The property measures approximately 396,792 square feet and is developed with one large shopping center building with a surface parking lot and a parking garage. Tenants in the shopping center currently include Best Buy, 24-Hour Fitness, Flamebroiler, and Jersey Mike’s.
The Conditional Use Permit allows the sale and dispensing of beer and wine for off-site consumption in conjunction with a proposed 19,100 square foot grocery store (ALDI), with proposed hours of operation from 9:00 a.m. to 9:00 p.m., daily.
The proposed grocery market will provide a service that benefits the neighborhood and greater Northridge area by keeping with the nature of the area’s commercial development. The neighborhood-serving store will offer a one-stop shopping convenience that will benefit residents of the area and region. The sale of alcohol is an expected offering of full service grocery stores and allows the Northridge community to enjoy the same level of amenities and beverage options and as expected in other grocery stores. The sale of alcohol is only a portion of the goods and services offered from the grocery market, where groceries, sundries, beverages, and meats, in addition to other goods typically offered at a grocery supermarket are offered. With the imposition of conditions, the sales of beer and wine for off-site consumption at the grocery market will be compatible with surrounding uses in the area.
The project’s location, size, height, operations and other significant features will be compatible with and will not adversely affect or further degrade adjacent properties, the surrounding neighborhood, or the public health, welfare and safety.
2.
The applicant is requesting a Conditional Use Permit to allow the sale and dispensing of beer and wine for off-site consumption in conjunction with a proposed 19,100 square foot grocery store (ALDI), with proposed hours of operation from 9 a.m. to 9 p.m., daily. No new or additional floor area is proposed and there are no physical alterations proposed to the location, size or height of the building as a part of this request.
The subject property is zoned C4-1 with a Land Use designation of Regional Center Commercial. Grocery store uses are permitted in the C4 zone and are consistent with the Regional Center Commercial land use designation. The proposed grocery store will be owned and operated by an established company, ALDI, that responsibility operates many similar stores in the region. The sale of
CASE NO. ZA-2019-0069-CUB PAGE 14
beer and wine is compatible with the grocery store use and the surrounding commercial retail uses.
There are no residential uses within 500 feet of the site. The site is located in large Regional Commercial Center with many shopping centers. A full-service grocery store provides surrounding neighborhoods and local employees with a necessary and convenient amenity, enhancing, rather than degrading, the surround neighborhood.
The hours of operation from 9 a.m. to 9 p.m., daily, will not affect or further degrade the adjacent properties, the surrounding neighborhood or the public health, welfare, and safety. Conditions requiring security cameras, adequate lighting, and responsible management practices will ensure that the presence of alcohol sales will not degrade community safety. The grocery stores emphasis will be grocery items and the sale of beer and wine for off-site consumption completes the selection of beverage offerings and is an amenity incidental to general grocery sales. As conditioned, the alcohol will be compatible with and will not adversely affect or further degrade adjacent properties, the surrounding neighborhood, or the public health, welfare and safety.
The project substantially conforms with the purpose, intent and provisions of the General Plan, the applicable community plan, and any specific plan.
3.
The General Plan is the City’s roadmap for future growth and development. The General Plan Elements establish goals, policies, purposes, and programs that provide for the regulatory environment in managing the City, and for addressing environmental concerns and problems. The majority of the policies derived from these elements are implemented in the form of Municipal Code requirements. The General Plan is comprised of the Framework Element, seven state-mandated elements, and four additional elements.
The Framework Element establishes the broad overall policy and direction for the General Plan. The Framework Element includes Objective 3.10 which reinforces existing regional centers that accommodate a broad range of uses that serve, provide job opportunities, and are accessible to the region, are compatible with adjacent land uses, and are developed to enhance urban lifestyles. The proposed project furthers this policy objective by bring a new, viable, commercial use (a grocery store that also sells beer and wine) to an existing Reginal Center Commercial area.
The Land Use Element of the City’s General Plan divides the City into 35 Community Plan areas. The Chatsworth - Porter Ranch Community Plan designates the property for Reginal Center Commercial land uses with the corresponding zones of C2, C4, RAS3, P, and PB. The subject property is zoned C4 and thus is consistent with the General Plan land use designation for the site.
The Community Plan text is silent with regards to alcohol. In such cases, the Zoning Administrator must interpret the intent of the Plan. Approval of the
CASE NO. ZA-2019-0069-CUB PAGE 15
conditional use permit request is consistent with vision of the Community Plan which states the following:
“The Chatsworth Business District, Northridge Fashion Center and the Porter Ranch Regional Center will serve as focal points for shopping, civic and social activities for the Community. These commercial areas should contain professional offices, department stores, restaurants and entertainment facilities.”
The proposed project is within the commercial hub surrounding the Northridge Fashion Center. The project provides the area with a new grocery shopping opportunity within the area the community plans identifies as a “focal point” for shopping thus furthering the Community Plan’s vision for the commercial uses in the area. Therefore, the proposed project is in conformance with the spirit and intent of the General Plan and other City objectives and policies which aim to promote the subject property and its immediate area with healthy and viable commercial activity.
The proposed use will not adversely affect the welfare of the pertinent community.
4.
The applicant is requesting a Conditional Use Permit to allow the sale and dispensing of beer and wine for off-site consumption in conjunction with a proposed 19,100 square foot grocery store (ALDI), with proposed hours of operation from 9 a.m. to 9 p.m., daily.
Beer and wine sales are an expected amenity within markets that offer a full line of grocery products. ALDI will provide a convenience for residents to obtain their grocery needs, which include alcoholic beverages, and is a major corporation with established operating procedures and guidelines which ensure consistency in their service. Possible effects associated with grocery stores selling alcoholic beverages are loitering and littering issues. The approval, as conditioned, will avert these impacts by requiring that there be no loitering or congregating in the parking lot and that a security cameras are installed in the parking lot to monitor activity on the premises. The grant includes a number of conditions to safeguard the community. Employees will undergo training on the sale of alcoholic beverages including training provided by the Los Angeles Police Department STAR (Standardized Training for Alcohol Retailers) Program. The grant also requires conditions that will mitigate potential negative effects commonly associated lighting around the exterior of the subject site. Age verification devices, and monitoring of property, and the requirement for an on-site security guard will ensure the operation will not adversely affect the welfare. These with alcoholic beverages to protect the welfare of the surrounding community.
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
5.
CASE NO. ZA-2019-0069-CUB PAGE 16
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 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 Department of Alcoholic Beverage Control (ABC) licensing criteria, two (2) on-site and one (1) off-site consumption licenses are allocated to subject Census Tract No. 1133.01. Currently there are seventeen (17) on-site licenses and seven (7) off-site licenses in this Census Tract. The subject request entails a Conditional Use Permit (CUB) to allow the sale and dispensing of beer and wine for on-site consumption in conjunction with a proposed grocery store and will add one additional active license to the area.
As reported by the Los Angeles Police Department, Valley Devonshire Vice Unit which has jurisdiction over the subject property, within Crime Reporting District No. 1764, a total of 570 crimes were reported in 2018 (516 Part I and 54 Part II crimes), compared to the Citywide Average of 185 crimes and compared to the High Crime Reporting District Average of 222 crimes. Alcohol related Part II Crimes reported include Narcotics (8), Liquor Laws (1), Public Drunkenness (1), Disturbing the Peace (0), Disorderly Conduct (0), Gambling (0), DUI related (9), and other offenses (15). These numbers do not reflect the total number of arrests in the subject reporting district over the accountable year. Arrests for this calendar year may reflect crimes reported in previous years.
The number of active on-site ABC licenses within the census tract where the subject site is located exceeds ABC guidelines. Concentration can be undue when the addition of a license will negatively impact a neighborhood. Concentration is not undue when the approval of a license does not negatively impact an area, but rather such license benefits the public welfare and convenience. In active commercial areas where there is a demand for licenses beyond the allocated number, the ABC has recognized that high-activity retail and commercial centers are supported by a significant employee population, in addition to the resident population base in the area. ABC has discretion to approve an application if there is evidence that normal operations will not be contrary to public welfare and will not interfere with the quiet enjoyment of property by residents. In addition, the Zoning Administrator is imposing conditions of approval in order to prevent public drinking, and public drunkenness.
The above statistics indicate that the crime rate in the reporting district where the subject site is located is higher than the citywide average. However, no evidence has been submitted indicating that the-future off site sales of alcoholic beverages at the subject site would lead to an increase in crime rate. Furthermore, potential negative impacts commonly associated with the sale of alcoholic beverages, such as criminal activity, public drunkenness, and loitering are already below average in this area and are mitigated by the imposition of conditions requiring surveillance,
CASE NO. ZA-2019-0069-CUB PAGE 17
responsible management, and deterrents against loitering. The conditions will safeguard the welfare of the community. As conditioned, allowing the sale of beer and wine for off-site consumption at the subject location will benefit the public welfare and convenience because it would provide a convenience and amenity within the existing neighborhood.
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.
6.
The following sensitive uses were observed within a 600 foot radius of the subject property:
Exer More Than Urgent Care Monster Music Lessons Smile Design Studio (Dentist)
19346 Nordhoff Street 19520 Nordhoff Street 19524 Nordhoff Street #3b
The following sensitive uses were observed within a 600 to 1,000-foot radius of the subject property:
Living Faith Christian Church Harvest Celebration Church Multifamily Residential Single Family Residential
19503 Business Center Drive 19444 Business Center Drive (multiple)(multiple)
There were no letters, telephone calls, or public testimony from any of these sensitive uses indicating the operation has or will impact these uses. Consideration has been given to the distance of the subject establishment from the above-referenced sensitive uses.
The sale of alcohol for off-site consumption will not detrimentally affect nearby residential zones as the project is located within an existing commercial hub that was intended to offer variety of commercial services, such as full service grocery stores. There are no residential uses within 500 feet of the project site. Furthermore, this grant has placed conditions upon the request and has not authorized the use of the property for activities which may create potential nuisances for the surrounding area. The potential effects of disruptive behavior have been considered and addressed by imposing conditions related to noise and loitering. The proposed project will allow a proposed grocery store to sell beer and wine for off-site consumption for both surrounding residents and their guests and will therefore provide convenience to the surrounding neighborhood.
Alcoholic beverages are a common and expected good for sale in grocery stores. The sale of alcoholic beverages will not detrimentally affect the neighboring
CASE NO. ZA-2019-0069-CUB PAGE 18
properties in the area, and will occur within a controlled environment by trained employees and is subject to multiple security and nuisance abatement measures.
The grant has been well conditioned, which should protect the health, safety and welfare of the surrounding neighbors. The project is consistent with the zoning and in keeping with the existing uses adjacent to the development. This project will contribute to a neighborhood and will serve the neighboring residents and the local employees. As conditioned, the project will not detrimentally affect residentially zoned properties or any other sensitive uses in the area.
ADDITIONAL MANDATORY FINDINGS
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 within the 500 year flood zone and is within Zone B.
Inquiries regarding the matter shall be directed to Renata Ooms, Planning Staff for the Department of City Planning at (213) 978-1222.
7.
Henry ChuAssociate Zoning Administrator
HC: RO:bk
Councilmember- Greig Smith Twelfth Council District
Adjacent Property Owners
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