SR-6-I (65)
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PLANNING COMMISSION
STATEMENT OF OFFICIAL ACTION
PROJECT
NUMBER: Conditional Use Permit 91-041
LOCATION: 625 Montana Avenue
APPLICANT: Montana Wine Company
CASE PLANNER: Susan White, Assistant Planner
REQUEST: Application for a Conditional Use Permit to
allow 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.
PLANNING COMMISSION ACTION
3/18/92 Date.
XX Approved based on the following findings and
subject to the conditions below.
Denied.
other.
EFFECTIVE DATE{S) OF ACTION{S) IF NOT APPEALED:
4/1/92 Case #CUP 91-041
EXPIRATION DATE{S} OF ANY PERMITS GRANTED:
4/1/93 Case #CUP 91-041
LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATE{S)
7/1/93 Case #CUP 91-041
CONDITIONAL USE PERMIT FINDINGS
l. 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 proposal to upgrade
the existing Type 20, Off-Sale Beer & Wine, alcohol
license to a Type 21, Off-Sale General, alcohol license
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. for an existing retail wine sales establishment is a con-
ditionally permitted use in the C2 (Neighborhood commer-
cial) District.
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 the use is for an upgrade from an ex-
isting 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 in that conditions of
approval as proposed by the applicant will limit the quan-
tity of sales of spirits to ten percent (10%) of total
alcohol sales, that a fixed location will be established
for 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.
3. The subject parcel is physically suitable for the type of
land use being proposed, in that the proposal is for an
existing commercial structure in the C2 district.
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 proposal is to add off-sale of
spirits in an existing commercial structure which current-
ly is a wine store in the C2 district.
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 - proposal to upgrade the existing Type 20, Off-Sale
Beer & Wine, alcohol license to a Type 21, Off-Sale
Generalt alcohol license for an existing retail wine sales
establishment is a conditionally permitted use in the C2
district and in that conditions of approval as proposed by
the applicant will limit the quantity of sales of spirits
to ten percent (10%) of total alcohol sales, that a fixed
location will be established for 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.
6. There are adequate provisions for water, sanitationt and
public utilities and services to ensure that the proposed
use would not be detrimental to public health and safety,
in that the proposal is for an existing retail sales es-
tablishment in an existing commercial structure in the C2
district and all amenities are on-site.
7 . Publ ic access to the proposed use will be adequate, in
that the proposal is for an existing commercial structure
with fifty (50) existing parking spaces on-site in the C2
district.
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. 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 proposal is for an ex-
isting retail sales establishment in an existing structure
in the C2 district.
9. The proposed use is consistent with the goals, objectives,
and policies of the General Plan, in that the use is for
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,
in that conditions of approval as proposed by the appli-
cant will limit the quantity of sales of spirits to ten
percent (10%) of total alcohol sales, that a fixed loca-
tion will be established for 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 and in
that Objective 1.7 of the Land Use and Circulation Element
for the Neighborhood Commercial District is to protect and
expand uses that provide for the day-tp-day shopping and
service needs of nearby residents and for the city to en-
courage the provision of neighborhood commercial services
within walking distance of all neighborhoods.
10. The proposed use would not be detrimental to the public
interest, health, safety, convenience, or general welfare,
in that the use is for 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 in that conditions of approv-
al as proposed by the applicant will limit the quantity of
sales of spirits to ten percent (10%) of total alcohol
sales, that a fixed location will be established for
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.
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 Comprehensive Land Use
and Zoning ordinance, in that this section is not ap-
plicable to the proposal.
12. The proposed use will not result in an overconcentration
of such uses in the immediate vicinity, in that the pro-
posal is for an existing alcohol outlet for retail sales
of wine with an upgrade to a Type 21, Off-Sale General,
alcohol license and in that there are two other alcohol
outlets 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 use is for an
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. 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
conditionally permitted in the C2 (Neighborhood
Commercial) District and in that conditions of approval as
approved by the applicant will limit the quantity of sales
of spirits to ten percent (10%) of total alcohol sales,
that a fixed location will be established for 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.
2. The proposed use will not adversely affect the welfare 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 license to a Type 21, Off-Sale
General, alcohol license for an existing retail wine sales
establishment and in that conditions of approval as
proposed by the applicant limiting quantity of sales of
spirits to ten percent (10%) of total alcohol sales with a
fixed location established for spirits, with only
full-size bottles of liquor and no convenience-size
bottles to be sold and no on-sale of spirits, have the
potential to limit adverse effects.
3. The proposed use will not contribute to an undue
concentration of alcohol outlets in the area in that the
proposal is for an existing alcohol outlet for retail
sales of wine with an upgrade to a Type 21, Off-Sale
General, alcohol license and in that there are two other
alcohol outlets within a 500' radius of the site.
4. The proposed use will not detrimentally affect nearby
neighborhoods considering the distance of ~he alcohol
outlet to residential buildings, churches, schools,
hospitals, playgrounds, parks, and other existing alcohol
outlets in that there is one school in close proximity to
the site and one church located just outside of the 500'
radius and in that conditions for approval as proposed by
the applicant have the potential to minimize the potential
effect on the adjacent residential uses.
5. The proposed use is compatible with existing and potential
uses within the general area in that the use is for 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 in that conditions of approval limiting quantity of
sales of spirits to ten percent (10%) of total alcohol
sales with a fixed location established for spirits, with
only full-size bottles of liquor and no convenience-size
bottles to be sold and no on-sale of spirits, have the
potential to limit adverse effects.
6. Traffic and parking congestion will not result from the
proposed use in that the use is for an upgrade from an
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.. 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 in that
conditions of approval as proposed by the applicant will
limit the quantity of sales of spirits to ten percent
(10%) of total alcohol sales, that a fixed location will
be established for 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 and have the
potential to lessen the impacts from increased traffic and
parking congestion.
7. The public health, safety, and general welfare are
protected in that the use is for 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 in that
conditions of approval as proposed by the applicant will
limit the quantity of sales of spirits to ten percent
(10%) of total alcohol sales, that a fixed location will
be established for 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.
8. No harm to adjacent properties will result in that the use
is for 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
establishlnent and in that conditions of approval as
proposed by the applicant will limit the quantity of sales
of spirits to ten percent (IO%) of total alcohol sales,
that a fixed location will be established for 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.
9. The proposed use is consistent with the objectives of the
General Plan in that the use is for 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 in that
conditions of approval as proposed by the applicant will
limit the quantity of sales of spirits to ten percent
(10%) of total alcohol sales, that a fixed location will
be established for 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. Sales of spirits for on-site consumption shall not be
permitted.
2. The primary use of the premises shall remain as retail
wine sales. The storage and display of spirits shall not
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J exceed ten percent (10%) of the overall storage and
display area.
3. A fixed location for display of spirits shall be
established for approval by the Director of Planning.
Minor amendments to the plans shall be subject to approval
by the Director of Planning.
4. Sales of spirits shall not exceed ten percent (10%) of
gross sales.
5. Only full-size bottles of liquor or spirits may be offered
for retail sale. No convenience size bottles of liquor or
spirits may be offered for retail sale.
6. Current store hours shall remain as follows; 11:00 a.m.
ta 7:00 p.m., Monday through Saturday and 11:00 a.m. to
6:00 p.m. on Sunday.
7. The applicant shall comply with all legal requirements
regarding provisions for the disabled, including those set
forth in the California Administrative Code, Title 24,
Part 2.
8. Refuse areas, storage areas, and mechanical equipment
shall be screened in accordance with Section 9127J. 2-4
(SMMC). Refuse areas shall be of a size adequate to meet
on-site need.
9. No expansion in intensity of operation shall occur without
prior approval from the city of Santa Monica and State
ABC.
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.
12. No video or other amusement games shall be permitted on
the premises.
13. Within thirty (3D) days from date of approval (if
approved) the applicant shall provide a copy of the
Statement of Official Action for this approval to the
local office of the State Alcoholic Beverage Control
department.
14. This permit shall expire one year from the effective date
of approval unless required ABC permits are obtained. One
ninety (90) day extension of the one year period may be
permitted if approved by the Director of Planning.
Applicant is on notice that an extension may not be
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. granted if development standards relevant to the proj ect
have changed since project approval.
15. Applicant is on notice that all temporary signage is
subject to the restrictions of the City sign ordinance.
VOTE:
Ayes: Mechur, Morales, Pyne, Rosenstein
Nays: Gilpin, Nelson
Abstain:
Absent: Polhemus
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
1094.6, which provision has been adopted by the city pursuant to
Municipal Code Section 1400.
I hereby certify that this statement of otficial Action accurate-
ly reflects the final determination of the Planning commission of
the city of Santa Monica.
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~nature da teY I
i alph Mechur, Chairperson
lease Print Name and Title
I
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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
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