SR-042391-6R
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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.
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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.
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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.
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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
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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
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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
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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.
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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.
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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.
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s igna.lture ./1
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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
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