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SR-042391-6R !/C2- oar . 6~1f APR f.. J 1:1~1 ealifornia . LUTM: PB: DKW:sw/eCMEMO. peWORD. PLAN Council Mtg: April 23, 1991 Santa Monica, TO: Mayor and City eounci1 FROM: eity Staff SUBJECT: eertification of Statement of Official Action for Appeal of Conditional Use Permit 90-074, 625 Montana Avenue. INTRODueTION This report transmits for city Council certification the statement of Official Action for the appeal of the above listed Conditional Use Permit to allow wine tasting and wine tasting classes on-site in conjunction with retail sales of wine in an existing shopping center located at 625 Montana Avenue. BACKGROUND After a public hearing and careful review of the record and staff recommendations, the city eouncil denied the appeal and approved the proposed eonditional Use Permit on March 12, 1991. ,; REeOMMENDATION It is respectfully recommended that the City Council approve the attached statement of Official Action which contains findings and conditions of approval of Conditional Use Permit 90-074. Prepared by: Susan White, Assistant Planner Paul Berlant, Director of Land Use and Transportation Management Attachment: A. statement of Official Action dated 03/12/91. 6-tr - 1 - APR 2 3 1991 . . SW PCjm015 04jlOj91 - 2 - . . STATEMENT OF OFFICIAL ACTION PROJEeT NUMBER: Conditional Use Permit 90-074 LOCATION: 625 Montana Avenue APPLICANT: Montana Wine Company CASE PLANNER: Susan White, Assistant Planner REQUEST: Appeal of a Planning eommission approval of a eonditional Use Permit to allow wine tasting and wine tasting classes on-site in conjunc- tion with retail sales of wine in an existing shopping center located at 625 Montana Avenue and a request for approval of a proposed 1,200 square foot expansion into an existing retail space adjacent to the east side of the store. CITY COUNCIL AeTION 3/l2/91 Date. Approved based on the following findings and subject to the conditions below. X Denied. Other. EXPIRATION DATE(S) OF ANY PERMITS GRANTED: 3/12/92 eup 90-074 LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATE(S) 6/l2/92 CUP 90-074 CONDITIONAL USE PERMIT FINDINGS 1. The proposed use is one conditionally permitted within the subject district and complies with all of the applicable provisions of the "City of santa Monica Comprehensive Land Use and Zoning Ordinance", in that the C2 zone permits specialized retail uses, and conditionally permits the sale of alcohol for on-site consumption. - 1 - . . 2. The proposed use would not impair the integrity and character of the district in which it is to be established or located, in that there are only 2 other establishments with alcohol licenses within a 500' radius of the site. 3. The subject parcel is physically suitable for the type of land use being proposed, in that the site is currently developed as a retail center. 4. The proposed use is compatible with any of the land uses presently on the subject parcel if the present land uses are to remain, in that the existing uses in the retail center are similar specialized retail uses. 5. The proposed use would be compatible with existing and permissible land uses within the district and the general area in which the proposed use is to be located, in that the use is conditionally permitted in the e2 zone as an alcohol use. 6. There are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety, in that the use would take place within an existing retail center. 7. Public access to the proposed use will be adequate, in that the existing retail center is adequately served by existing streets. 8. The physical location or placement of the use on the site is compatible with and relates harmoniously to the sur- rounding neighborhood, in that the use is oriented toward the commercial street, away from adjacent residential properties. 9. The proposed use is consistent with the goals, objectives, and policies of the General Plan, in that Land Use Element Policy l.7. 1 requires that "... a majority of the ground floor street frontage on a block by block basis be uti- lized for neighborhood commercial uses" and this policy is fulfilled. lO. The proposed use would not be detrimental to the pUblic interest, health, safety, convenience, or general welfare, in that the conditions of approval for the additional al- cohol license would mitigate any negative impact on adja- cent properties. 11. The proposed use conforms precisely to the applicable per- formance standards contained in Subchapter 6, section 9050 and special conditions outlined in Subchapter 7, section 9055 of the City of Santa Monica eomprehensive Land Use and Zoning Ordinance, in that the use is not governed by the applicable chapters. - 2 - . . 12. The proposed use will not result in an overconcentration of such uses in the immediate vicinity, in that there are only 2 other similar uses with alcohol licenses within a 500' radius of the site. ALCOHOL OUTLET FINDINGS 1. The proposed use and location are in accordance with good zoning practice, in the public interest, and necessary that substantial justice be done in that the proposed use is one conditionally permitted in the C2 zone. 2. The proposed use is compatible with existing and potential uses within the general area; traffic and parking conges- tions will not result; the publ ic health, sa fety , and general welfare are protected; and no harm to adjacent properties will result in that the alcohol sales would be limited to bottled wine and that on-site consumption will be limited to wine tasting and will occur in a controlled manner. 3. The welfare of neighborhood residents will not be adverse- ly affected in that the proposed use would be oriented toward the commercial street, away from adjacent residen- tial properties. 4. There will be no detrimental affect on nearby residential- ly zoned neighborhoods considering the distance of the alcohol outlet to residential buildings, churches, schools, hospitals, playgrounds, parks, and other existing alcohol outlets in that there are only 2 other alcohol outlets within a 500' radius of the site and in that the conditions for approval will minimize the potential effect on the adjacent residential uses. eONDITIONAL USE PERMIT eONDITIONS Special Conditions 1. The proposed expansion to the east of the existing retail space shall be limited in use to retail sales of wine only. There shall be no expansion of rights for the ap- proval of the wine tasting service. 2. The wine tasting activity shall only take place on the first floor in a designated area not to exceed 470 square feet. Wine tasting activity, in conjunction with retail sales of wine, shall take place only after 5 p.m., Monday through Friday and during retail hours of 11 a.m. to 6 p.m., Saturday and Sunday. 3 . Only persons 21 years of age and older are permitted in the wine tasting area. 4. No more than three (3) bottles of wine may be open at any one time during approved wine tasting hours in conjunction - 3 - . . with retail sales of wine. A maximum of three, one half ounce portions of wine may be served per person within a 24 hour period. 4. Activity within the first floor wine tasting area is limited to serving of wine beverages only and small pieces of bread during supervised wine tasting classes for cleansing of palate only. No other alcoholic beverage or incidental food may be served on the premises. 5. A table and chairs shall be provided for wine tasting classes only. The number of persons and staff shall be limi ted to 14 for the wine tasting classes at anyone time. 6. No advertising or promotion of the wine tasting service shall be made in the media or the yellow pages. Wine tasting classes may be advertised in the Montana wine Com- pany newsletter only. 7. Wine tasting classes shall only be held when retail sales are not in effect. Wine tasting classes are permitted after 7 p. m., Monday through Thursday and after 6 p. m. , Saturday and Sunday only. No wine tasting classes are permitted on Friday evenings. B. The applicant shall be on notice that future standard al- cohol conditions which may be developed shall apply to this proj ect if the conditions are instituted prior to final building inspection of the first floor wine tasting area. Plans 9. This approval is for those plans dated November 21, 1990 a copy of which shall be maintained in the files of the City Planning Division. Project development shall be con- sistent with such plans, except as otherwise specified in these conditions of approval. 10. The Plans shall comply with all other provisions of Chap- ter l, Article IX of the Municipal eode, (Zoning Or- dinance) and all other pertinent ordinances and General Plan policies of the city of Santa Monica. 11. Minor amendments to the plans shall be subject to approval by the Director of Planning. An increase of more than lO% of the square footage or a significant change in the ap- proved concept shall be subj ect to Planning Commission Review. eonstruction shall be in conformance with the plans submitted or as modified by the Planning eommission, Architectural Review Board or Director of Planning. Architectural Review Board - 4 - . . 12. Prior to consideration of the project by the Architectural Review Board, the applicant shall review disabled access requirements with the Building and Safety Division and make any necessary changes in the project design to achieve compliance with such requirements. The Architec- tural Review Board, in its review, shall pay particular attention to the aesthetic, landscaping, and setback im- pacts of any ramps or other features necessitated by ac- cessibility requirements. l3. Signage shall be sUbject to the approval of the Architec- tural Review Board. 14. Plans for final design, landscaping, screening, trash en- closures, and signage shall be subject to review and ap- proval by the Architectural Review Board. 15. The Architectural Review Board, in its review, shall pay particular attention to the project's pedestrian orienta- tion and amenities; scale and articulation of design ele- ments; exterior colors, textures and materials; window treatment; glazing; and landscaping. Environmental Mitigation l6. Ultra-low flow plumbing fixtures are required on all new development and remodeling where plumbing is to be added. (Maximum l.6 gallon toilets and l.a gallon urinals and low flow shower head.) Miscellaneous Conditions 17. The operation shall at all times be conducted in a manner not detrimental to surrounding properties or residents by reason of lights, noise, activities, parking or other actions. l8. street and/or alley lighting shall be provided on public rights of way adjacent to the project if and as needed per the specifications and with the approval of the Department of General Services. Validity of Permits 19. In the event permittee violates or fails to comply with any conditions of approval of this permit, no further per- mits, licenses, approvals or certificates of occupancy shall be issued until such violation has been fully remedied. 20. Within ten days of Planning Division transmittal of the statement of Official Action, project applicant shall sign and return a copy of the statement of Official Action pre- pared by the Planning Division, agreeing to the Conditions of approval and acknOWledging that failure to comply with such conditions shall constitute grounds for potential - 5 - . . revocation of the permit approval. By signing same, ap- plicant shall not thereby waive any legal rights applicant may possess regarding said conditions. The signed state- ment shall be returned to the Planning Division. Failure to comply with this condition shall constitute grounds for potential permit revocation. 2l. The approval of this permit shall expire one year from the permit's effective date, unless the relevant building per- mit, business license or ABC license has been issued prior to the permit expiration date. One three-month extension of the one year period may be permitted if approved by the Director of Planning. ALeOHOL OUTLET eONDITIONS l. The Santa Monica Police Department shall not be restricted in access to the first floor wine tasting area during retail hours or during wine tasting classes. 2. No persons under 21 years of age shall be allowed within the first floor wine tasting area and signs shall be posted to this effect. 3. Serving of alcoholic beverages is restricted to tasting of wine in conjunction with retail sales of wine after 5 p.m. only, Monday through Friday, from 11:00 a.m. to 6:00 p.m., Saturday and Sunday, and during supervised wine tasting classes after 7 p.m., Monday through Thursday and after 6 p.m., Saturday and Sunday. Wine tasting classes may be conducted only outside of regular store operating hours, due to parking demand. 4. The Montana Wine Company shall provide a driver to any inebriated customers or wine-tasting students. 4. Serving of food other than bread shall not occur in con- junction with the wine tasting activity. Any expansion of the retail bakery is subject to approval by the planning Director. 5. No dancing or live entertainment shall be permitted on the premises. 6. No change in intensity of operation shall occur without prior approval from the city of Santa Monica and State ABC. 7. Minor amendments to the plans shall be subject to approval by the Director of Planning. An increase of more than lOt of the square footage or a significant change in the ap- proved concept shall be subj ect to planning Commission review. eonstruction shall be in substantial conformance with the plans submitted or as modified by the Planning Commission, Archi tectural Review Board, or Director of Planning. - 6 - . . 8. The applicant shall comply with all legal requirements regarding provisions for the disabled, including those set forth in the California Administrative eode, Title 24, Part 2. 9. Refuse areas, storage areas, and shall be screened in accordance (SMMC). Refuse areas shall be of a on-site need. mechanical equipment with Sec. 9127J.2-4 size adequate to meet 10. The operation shall at all times be conducted in a manner not detrimental to surrounding properties or residents by reason of lights, noise, activities, parking, or other actions. 11. No noise generating compressors or other such equipment shall be placed adjacent to neighboring residential buildings. l2. Alcohol shall not be served in any disposable container such as disposable plastic or paper cups. 13. No video or other amusement games shall be permitted on the premises. l4. Within thirty (30) days from date of approval (if ap- proved) the applicant shall provide a copy of the state- ment of Official Action for this approval to the local office of the state Alcoholic Beverage Control department. l5. This permit shall expire one year from the effective of approval unless required ABC permits are obtained. three-month extension of the one-year period may be mitted if approved by the Director of Planning. date One per- Prepared by: Susan White, Assistant Planner VOTE Ayes: Abdo, Genser, Holbrook, Katz, Olsen, Vazquez, Zane Nays: Abstain: Absent: NOTICE If this is a final decision not subject to further appeal under the city of Santa Monica Comprehensive Land Use and Zoning Or- dinance, the time within which judicial review of this decision must be sought is governed by Code of civil Procedure Section l094.6, which provision has been adopted by the eity pursuant to Municipal Code section l400. - 7 - . . I hereby certify that this statement of Official Action accurate- ly reflects the final determination of the eity council of the city of Santa Monica. - , ,; ,~- c/- q<-/(t-l1TU>':)/ s igna.lture ./1 /j f;'.; 1/ date Beth HOlmes, Asslstant Clty Clerk Please Print Name and Title I hereby agree to the above conditions of approval and acknowledge that failure to comply with such conditions shall constitute grounds for potential revocation of the permit approval. Applicant's signature Print Name and Title PC/cc625 SMW - 8 -