SR-072892-6E/ D!/ r ~~ b 'JYr
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LUTM:PB:DKW:SW/CCMNTN.PCWORD.PLAN Santa Mona.ca, California ~._
Council Mtg: July 28, 1992 -~~~ ~~~ `~~~~
T4: Mayor and City Council ~ ~ ; ~ ~_ ~,: °~
~ _
FROM: City Staff
SU&TECT: Certification of Statement of Official Actian for
Appeal of Conditional Use Permit 91-D41, 625 Montana
Avenue.
INTRdDUCTION
This report transmits far City Council certification the
Statement of Officia~ Action far the appeal of the abova list~d
Conditional Use Permit to allow the upgrade from an existing Type
20 (~ff-Sa1e Beer and Wine) alcohol license to a Type 21
(off-Sa1e General) al.cohol license for an existing retail wine
sales es~ablishment, Montana Wine Company.
BUDGETIFINANCIAL IMPACT
This recommendation will have no budget ~r finanoial impact.
RECOMMENDATION
It ~s respecttully recommended that the City Council approve the
attached Statement of Officia~. Action which contains findings and
conditions of approval for Conditionai LTSe Permit 9I-041.
Prepared by: Paul Berlant, Directoz of Land Use and
Transportation Management
Susan White, Assistant Planner
Attachment: A. Statement ot ~fficial Action dated 6/2/92.
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A~'ACI~E~1T~' A
CITY C~UNCIL
STATEMENT ~F OFFICIAL ACTION
~~fl TTi'!'~T
CASE NUMBER: CanditionaY Use Permit 91-041
LOCATION: 625 Montana Avenue
APPLICANT: Murray Weber, Montana Wine Company
CASE PLANNER: Susan White, Assistant Planner
REQUEST: Appeal of a Planning Commissian Approval of
Conditional Use Permit 91-~41 to allow an up-
grade fram an ex~sting Type 20, Off-Sale Beer
and Wine alcor~-~ license ta a Type 21, Off-
Sale General a~cohol license for an existing
retail wine saies establishment.
CEQA STATUS: The praject is categorically exempt, Class
1(21), City of Santa Monica Guidelines for
Implementation of CEQA.
CITY COUNC~L ACTIQN
6l2/92 Date.
Appeal Approved.
XX Appeal Denied, Planning Commission approva~ of
CUP 91-041 upheld laased on the following findings
and subject to the canditions below.
Other.
EFFECTIVE DATE(S) QF ACTIDN{S):
6~2/92 Case ~CUP 91-041
EXPIRATION DATE~S~ dF ANY PERAiITS GRANTED:
6~2~95 Ca~e #CUP 91-D41
LENGTH ~F ANY PQSSIBLE EXTENSION OF EXPIRATION DATE(S):
Any request far an extension af the expiration date must be
received in th~ Planning and Zoning Division prior to expiration
of this permit.
6/2/95 Case ~CUP 31-041
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CONDITIONAL USE PERMIT ~INDINGS
1. Th~ praposed use is one conditionally permitted within the
subject district and camplies with all of the applicable
provisians af the "City of Santa Monica Comprehensive Land
Use and Zaning ordinance", in that the proposal to upgrade
the existing Type 20, Off-Sale Beer & Wine, alcohol
license to a Type 21, Off-Sale General, alcohol license
for an existing retail wine sales establishment is a con-
ditionally permitted use in the C2 (Neighborhaod Cammer-
cial) District.
2. The proposed use wouZd nat impair the integrity and
character of the dis~rict in which it is ta be estab~ished
ar located, in that the use is far an upgrade from an ax-
isting Type 20, aff-Sale B~er & Wine, alcohol license to a
Type 21, aff-Sale General, alcohol license for an existing
retail wine sales establishment and in that conditions of
approval as proposed by the applicant will limit the quan-
tity of sales of spirits to ten percent (~0~) of tota~
alcohol sales, that a fixed location will ~e established
for spirits, that only full-size bottles of liquor with no
con~enience-size bott~es may be sold and that on-sale of
spirits is not permitted.
3. The subjec~ parcel is physically suitable ~ar the type af
land use being proposed, in that the proposal is for an
existing commercial structure in the C2 district.
4. The proposed use is campatibl~ with any of the land uses
presently an the subject parcel if the present land use~
are to remain, in that the proposa~ is to add aff-sale of
spirits in an existing commercial structure which current-
ly is a wine stare in the C2 district.
5. The proposed use would be compatib~e 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 proposal to upgrade the existing Type 20, Off-Sale
Beer & Wine, alcohol license to a Type 21, Off-Sale
General, alcohol license ~or an existing retail wine sales
establishment is a conditionally permitted use in the C2
district and in that conditians af approval as proposad by
the app~icant wi11 limit the quantity of sales of spirits
to ten percEnt (~0~) of total alcohol sales, that a fixed
location will be established far spirits, that only full-
size bottles of liquor with na convenience-size bottles
may be sold and that on-sale of spirits is not permitted.
6. There are adequate provisions for water, sanitation, and
public utilities and servic~s to ~nsure that the proposed
use would not be detrimental to public health and safety,
in that the praposal is for an existing retaii sales es-
tablishment in an existing commercial structure in the C2
district and all amenities are on-site.
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7. Public accass to the proposed use will be adeq~ate, in
that the proposal is for an existing cammercial structure
with fifty (50) existing parking spaces on-site in the C2
d~strict.
8. The physical location or placement of the use an the site
is compatible with and relates harmoniously to the sur-
ro~nding neighborhood, in that the proposal is for an ex-
isting retail sales establishment in an existing structure
in the C2 dis~rict.
9. The proposed use is consistent with the goals, objectives,
and policies of the General Plan, in that the use is far
an upgrade from an existing Type 20, Off-Sale Beer & Wine,
alcoh~l license to a Type 21, Off-Sale General, alcohol
~icense far an existing retail wine sales establishment.
in that conditions of approval as propasad by the appli-
cant will li~it the quantity of salas of spirits to ten
percent (la~) af to~al alcohol sales, that a fixed loca-
tion will be established for spi~itsr that only full-size
bottles of ~iquor with nQ canvenience-size battlas may be
sold and that on-sale of spirits is not permitted and in
that Objective 1.7 of the Land Us~ and Circu~ation Elemant
for the Neighborhoad Cammercial District is to protect and
~xpand uses that pravide for the day-to-day shapping and
service needs o~ nearby residents and for the City to en-
courage the pravision of neighborhood commercial services
within walking distance of all neighborhoads.
10. The proposed use would not be detrimental to the public
interest, health, safety, con~enience, or generai welfare,
ir- that the use is for an upgrade from an existing Type
20, Off-SaZe Beer & Wine, alcohol license to a Type 21,
~ff-Sale General, alcohol license for an existing retail
wine saies establishment and in that candit~ons of approv-
al as proposed by the applicant will limit the quantity af
sales of spirits to ten percent (~0~) of total alcohol
sal~s, that a fixed 1QCation wi1l be established for
spirits, that anly full-size bottles of liquor with no
can~enienca-size bottles may be sold and that on-sale af
spirits is not permitted.
11. The proposed use canforms precisely to the applicable per-
formance standards contained in Subchapter 6, Section 9050
and sp~cial conditions outlined in Subchapter 7, Sectian
9055 af the City of Santa Manica Camprehensive Land Use
and Zoning Ordinance, in that this section is not ap-
plicalale to the proposal.
12. The proposed use will not result in an overconcentration
af' such us~s in the immediate vicinity, in that the pra--
pasal is far an existing alcohvl outlet for retail sales
of win~ with an upgrade to a Type 21, Off-Sale General,
alcohol license and in that there are two other a~cohol
outlets within a 500' radius of ~he site.
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ALC~HOL 4UTLET FINDINGS
l. The proposed use and laca~ion are in accordance with good
zoning practice, in the pub~ic interest, and necessary
that substantial ~ust~ce be done in that the use is for an
~pgrade from an existing Type 20, Off-Sale Beer & wine,
alcohol license to a Type 21, Off-Sa~e General, alcQhal
license for an existing retail wine sales establishment
conditionally permitted in the C2 (Neighborhoad
Cozn~mercial} bistrict and in that conditions of approval as
approved by the applicant will limit the quantity of sales
o~ spirits to ten percent (10~) of total alcohol sales,
that a fixed location will be established for spirits,
that only full-size bottles of liquar with na
con~enience-size battles may be sold and that on-sale of
spirits is not permitted.
2. The proposed use will not adverse~y affect the wel~are of
neighborhood residents in a significant manner in that the
use is for an upgrade from an existing Type 20, Off-Sale
Beer & Wine, alcohol licensa to a Type 21, Off-5ale
General, alcahol license for an existing retail wine sales
establishment and in that conditions of approval as
proposed by the app~icant limi~ing quantity of sales af
spirits to ten pera~nt (10~) of total alcohal sales witih a
fixed location established for spirits, with only
full-size bottles of liquor and na cnnvenience-size
b~ttles to be sold and no on-sale of spirits, have the
potentia~ to limit adverse effects.
3. The praposed use will not contribute to an undue
concentration of alcohol autle~s in the area in that the
praposal is for an existing alcohQl outlet for retai~
sales af wine with an upgrade ta a Type 2~, Off-Sa1e
General, alcohol license and in that there are two other
alcohol autlets within a 540' radius of the site.
4. The proposed use will not detrimentally affect nearby
neighborhoods considering the distance of the a~cohal
outlet to residential buildings, churches, schools,
hospitals, playgrounds, parks, and other existing alcohal
outlets in that there is one school in close proximity to
the site and one church located ~ust auts~de of the 50~'
radius and in that conditions for approval as proposed by
the applicant have the potential ta minimize the potential
effect an the adjacent residential uses.
5. The proposed use is compatible Wlth existing and po~ential
uses within the general area in that the use is for an
upgrade fram an existing Type 2~, Off-Sale Beer & Wine,
alcohol license to a Type 21, Off-Sale General, alcoho~
license for an existing retail wine sales estab2ishment
and in that conditions of approval limiting quantity of
saZes of spirits to ten percent (10~) of total alcohol
sales with a fixed locatian established for spirits, with
only fu~i-size battles of liquar and no convenience-size
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bott~es to be sold and no on-sale of spirits, have the
potential to limit adverse effects.
6, Traffic and parking congestian will not result from the
p~oposed use in that the use is far an upgrade from an
existing Type 20, Off-Sale Beer & Wine, alcohol license to
a Type 21, Off-Sale General, alcohol license for an
existing retail wine sales establishment and rights
granted herein will not significantly alter existing
traffic or parking impacts as compared to th~ present
operation.
7. The pubiic health, safety, and generaZ welfare are
prot~cted in that the use is for an upgrade from an
existing Type 20, ~ff-Sale Beer & Wine, alcohol license ~o
a Type 21, Off-~ale General, alcohol license for an
existing retail wine sales establish~ent and in that
c~nditions of approval as proposed by the applicant will
~imit the quantity of sales of spirits to ten percent
(10~) o£ total alcohal sales, that a fixed location will
be established for spirits, that only Full-size bottles of
~iquor with no canvenience-size bottles may be sold and
that an-sale af spirits is not permitted.
8. N~ harm to adjacent properties will result in that the use
is for a minar upgrade ~rom an existing Type 20, Off-Sale
Beer & Wina, alcohal license to a Type 21, Off~Sale
General, alcohol license far an existing retail wine sales
establishment.
9. The proposed use is consistent with the objectives of the
Genera~ Plan in that the ~se is for an upqrade fro~ an
existing Type 20, Off-Sale Beer & Wine, alcahol license to
a Type 21, Off~Sale General, alcohal Iicense for an
existing retail wine sales establishment and in that
conditions of approvaZ as propased by the applicant will
limit the quantity of sa~es of spirits ta ten percent
(10~) of total alcahol sales, that a fixed Iocatian will
be established far spirits, that only full-size bottles of
liquor with no convenience-size bottles may be sold and
that on-sale of spirits is not permitted.
ALCOHOL OUTLET CONDITIONS
1. Conditional Use Permit 91-041 allowing a Type 21, Off-Sale
General aZcQho~ ~~cense for the premises shall expire
three years from the approval date of June 2, 1992. The
applicant must return to the Planning Commission for
approval of a Condi~ianal Use Permit to allow cantinuance
of the Type 21, aff-Sale General alcahol license.
2. Sales of spirits for on-site consumption shall not be
permitted.
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3. The primary use of the premises shall remain as retail
wine sales. The storage and display of spirits shall not
exceed ten percent (10~} of the overall s~orage and
display ar~a.
4. Documentation showing that gross sales of spirits did not
exceed 14~ of grass retail sales of wine shall be provided
ta the Planning Director by January 31st o~ each year of
the thr~e year approval term.
5. Wine tasting activity, in conjunction with retai~. sales of
wine, shall take pZace anly after 5 p,m., Manday through
Friday and during ratail hours of 11 a.m. to 6 p.m.,
Saturday and 5unday.
6. A fixed location for display of spirits shall be
estabZished and approved by the Director of Planning.
Minor amendments to the plans shall be subject to approval
by the Directar of Planning.
7. Sales of spirits shall not exceed ten percent (10$) of
gross sales.
8. Only full-size bottles of liquor ar spirits may be ~ffered
for retail saZe. No convenience size bottles of liquar or
spirits may be offered for retail sale.
9. The applicant shall comply with all legal requiraments
regarding provisions for the disabled, including those set
~orth in the California Administrative Code, Title 24,
Part 2.
10. Refuse areas, storage areas~ and mechanical equipment
shall be scr~ened in accordance with Section 9127J.2-4
(SMMC). Refuse areas shall be of a size adequate to mee~
on-site need.
11. Ido ~xpansion in intensity of operation shall occur without
priar approval fr4m the City of Santa Monica and State
ABC.
].z. The operation shall at all times be canducted in a manner
not detrimental to surrounding properties or residents by
reason of lights, noise, activities, parking, or other
actians.
13. No noise generating compressors or other such equipment
shall be placed adjacent to neighboring residentiai
buildings.
14. No video or other amusement games shall be permitted vn
the p~emises.
15. Within thirty (30) days from data of appro~al (if
approved) the applicant shall pravide a copy of the
Statement o~' Offa.cial Actzon far this approval to the
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local office of the State Alcoho~ic Beverage Control
department.
15. This permit shall expire one year from the ef~ective date
of appraval unless the rights granted herein are exercised
by obtaining required ABC permits. One ninety (90) day
extensian of the ona year period may be permitted if
approved by the Director of Plann~ng. Applicant is on
notice that an extension may not be granted if development
standards relevant to the project have changed since
project approval.
1~. Applicant is on natice that all temporary signage is
subject to the restrictions of the City sign ordinance.
VOTE
Ayes: Abdo, Ho~brook, Katz, Zane
Nays: Genser, Dlsen, Vazquez
Abstain:
A}~sent :
NOTICE
If this is a final decision not subject ta further appeal under
the City of Santa Monica Comprehensive Land Use and Zoning ~r-
dinance, the time within which judicial review of this decision
must be sough't is governed by Code of Civil Pracedure Secti~n
1094.6, which pro~ision has been adopted by the City pu~suant td
Municipal Code Section 1400.
z hereby certify that this Statement of ~fficiai Actian accurate-
ly reflects the finai determination af the City CQUncil of the
City of Santa Monica.
signature
C].arice Dykhouse, City Clerk
Please Print Name and Title
date
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I hereby agree to the above canditions
acknowledge that failure to comply with such
canstitute grounds for potentia~ revocation
approval.
Applicant's Signature
Print Name and Title
PC/STMONT
DKW:SMW
af approval and
conditions shall
of the permit
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~oaal office of the State A3coholic Beverage Control
depart~ent.
~6. This permit s~al~ e~tgire one year from the effective date
of approval unless the rights granted here3n are exerc~sed
by nbtaining required ABC permits. an~ ninety C9~~ day
extensian of the cne year pariad may be permitted ~f
approved by the Director o~ Flanning. Applicant is on
notice that an extension may not be granted if development
standards re~evant ta the pro~ect have changed since
project apprava~.
17. Applicant is on notice that alI temporary signage is
sub~ect to the restrictions of the City sign ard~nance.
voTE
Ayes: Abda, Holbrook, Katz, Zane
Nays: Genser, olsen, vazquez
Abstain:
Absent:
NOTICE
If ~hzs ~.s a fina3 decisian not subject
the City o~ 5anta Monica Comprehensive
dinance, the time within which ~udicia~
must be saught is governed hy Cvde of
].os4.6, which provi~ion has been adopted
Muni~ipa~ Coc~e S~ction 1400.
ta f~~ther appea~ under
Land Use and Zc~ning or-
review 4f this decisivn
Civi1 P=ocedure Section
by the City pursuant to
I hereby certify that this statement af O~ficial Ac~tian accurate-
ly ref3ects the final determination of the City Cauncil of the
City of Santa Man~.c~.
~
/i~d~~.Ci~~ ~ Cl
~gnature ~
C~arice D~khause, City Clerk
Please Przn~ Name and Title
~~~~~
~ate --
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