SR-9-B (21)
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r CrTY PLANNrNG DIVIS 'ION
Land Use and Transportation Management Department
MEMORANDUM.
DATE: March 4, 1992
TO: The Honorable Planning Commission
FROM: Planning staff
SUBJECT: Conditional Use permit 91-041
Address: 625 Montana Avenue
Applicant: Montana wine company
SUMMARY
Action: 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. The State Department
of Alcohol Beverage Control (ABC) has filed formal charges
against the applicant regarding non-compliance with a state
statute requiring 50% of all retail sales to be from non-
alcoholic items. Suspension of the existing license and payment
of fines may result from the charges. The applicant has the op-
tion to apply for a Type 21, Off-Sale General, alcohol license.
A Type 42, On-Sale Beer & Wine, alcohol license for purposes of
wine-tasting in conjunction with retail sales of wine is pending
with the ABC.
Recommendation: Denial.
Permit Streamlininq Expiration Date: July 2, 1992
SITE LOCATION AND DESCRIPTION
The subject property is a 30,000 sq. ft. parcel located on the
north side of Montana Avenue between sixth and seventh streets
having a frontage of 200 feet. Surrounding uses consist of a one
story single family residential unit (Rl) to the north, two story
commercial buildings (C2) to the south, two story commercial and
two story mUlti-family structures (C2 & Rl) to the east and a two
story mUlti-family residential structure (R3) to the west. Ex-
isting on-site uses include a 14,976 sq. ft. retail building with
50 existing on-site parking spaces.
Zoning District: C2
Land Use District: Neighborhood Commercial
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Parcel Area: 150' x 200' = 30,000 sq. ft. ,IF
,
PROJECT DESCRIPTION
The applicant is proposing an upgrade from a Type 20, Off-Sale
Beer & Wine, alcohol license to a Type 21, Off-Sale General, al-
cohol license for the Montana Wine Company, an existing retail
wine sales establishment. Formal charges by the ABC have been
filed against the applicant regarding non-compliance with state
law that requires 50% of all retail to be non-alcoholic items.
This law applies to all Type 20, Off-Sale Beer & Wine, alcohol
outlets in Los Angeles County approved by the ABC since 1985.
Suspension of the existing Type 20 alcohol license and/or payment
of fines may occur as a result of the charges against the appli-
cant. Revocation of the existing license may also occur if the
applicant does not come into compliance with the 50% non-
alcoholic retail sales requirement. The applicant has an option
to apply for a Type 21, Off-Sale General, alcohol license. No
changes to the existing floor plan are proposed at this time. A
Type 40, On-Sale Beer & Wine, alcohol license for purposes of
wine tasting in conjunction with retail wine sales is pending ABC
approval.
MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE
i
The proposed project is consistent with the Municipal Code and in
conformity with the General Plan as shown in Attachment A.
CEQA STATUS
The project is categorically exempt, Class I (21) , Ci ty of Santa
Monica Guidelines for Implementation of CEQA.
RENT CONTROL STATUS
The project is exempt from Rent Control.
FEES
No additional Planning fees are required.
PUBLIC NOTIFICATION
Pursuant to Municipal Code Section 9130.8, within 30 days after
the subject application was deemed complete, the applicant posted
a sign on the property stating the following information:
Project case number, brief project description, name and
telephone number of applicant, site address, date, time and
location of public hearing, and the Planning and Zoning Division
phone number. It is the applicant's responsibility to update the
hearing date if it is changed after. posting.
In addition, pursuant to Municipal Code Section 9131.5, notice of
the public hearing was mailed to all owners and residential and
commercial tenants of property located within a 500 foot radius
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of the project at least ten consecutive calendar days prior to
the hearing. A copy of the notice is contained in Attachment B.
ANALYSIS
Project Chronoloqy
A conditional Use Permit (CUP 546) was approved by Planning Com-
mission on November 2, 1988 to permit the issuance of a Type 20,
Off-Sale Beer &. Wine, alcohol license for the operation of a
2,625 sq. ft. retail wine shop and bakery (Attachment C). Approx-
imately 1,850 sq. ft. of floor space is currently used for Montana
Wine Company (Attachment K). According to the ABC, Odeon Bakery
obtained a lease for the remaining portion of the building on
August 9, 1988. Montana Wine company and Odeon Bakery are two
separate businesses. The bakery is not considered part of the
Montana Wine Company's premises.
A conditional Use permit (CUP 90-074) was approved by City Coun-
cil on appeal on March 12, 1991 (Attachment D). The CUP allows
wine tasting and wine tasting classes on-site in conjunction with
retail sales of wine for Montana Wine Company with a Type 40, On-
Sale Beer & Wine, alcohol license. Expansion of the establish-
ment into the adjacent retail space of 1,200 sq. ft. was also ap-
proved. Approval of the alcohol license with the ABC is- still
pending.
The CUP expiration date is March 12, 1992. The applicant has
requested a code-permitted six month extension for CUP 90-074
(Attachment E). In view of the information from the ABC about
the applicant's non-compliance with requirements associated with
the original license, staff has denied this six-month extension
for the CUP to allow the pending Type 40, On-Sale Beer & Wine,
alcohol license. The applicant is also currently proposing a
Type 21, Off-Sale General, alcohol license which is an option in-
lieu of complying with the 50% non-alcoholic sales requirement.
proposal
A Type 20, Off-Sale Beer & Wine, alcohol license exists for the
Montana Wine Company for retail sales of wine in an existing com-
mercial building. Currently, there are formal charges against
Montana Wine Company by the ABC with regards to the sale of more
than 50% of all products on-site as alcoholic beverages (AttaCh-
ment D). An ABC representative has indicated that the applicant
had misconstrued facts to obtain the existing Type 20 license in
that the adjacent "Odeon Bakery" is a separate business and not
connected to Montana Wine Company. Further details of the pend-
ing case against the applicant have not been divulged by the ABC
at this time. A hearing with the Office of Administrative Hear-
ings is scheduled for April 7, 1992.
Based on information from the ABC, suspension of the existing
license and payment of fines appear likely as a result of the
charges against the applicant. Revocation of the existing
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license is possible unless the establishment is brought into com-
pliance with the 50% non-alcoholic sales requirement. As men-
tioned above, this requirement applies to all Type 20, Off-Sale
Beer & Wine, alcohol outlets in Los Angeles County issued after
1985 (State Government Code Section 23804, Business and Profes-
sions Code). The ABC informed the applicant that they have the
option to apply for a Type 21, Off-Sale General, alcohol license
to alleviate the requirements of the state statute. This would
allow sales of spirits in addition to wine. The applicant has
proposed various conditions limiting the amount of spirits sold
and displayed. other options for the applicant are to bring the
establishment into compliance with the statute or to cancel the
existing alcohol license. The charges against the applicant will
not be dropped regardless of whether the applicant obtains a CUP
for the proposed Type 21 alcohol license.
The ABC has approved a "premises expansion" as approved per CUP
90-074 into the adjacent retail space. The applicant would be
required to comply with state law requiring 50% of any retail
sales to be from non-alcoholic products for this area. The ex-
pansion area may also be used legally as storage for wine only
without further permits.
Two violations have occurred for the premises. They consist of
sale to a minor (a Police Department decoy) and failure to fur-
nish books & records to the ABC. According to an ABC representa-
tive, the applicant has paid a maximum first-time fine of $1,500
in-lieu of a la-day (alcohol license) suspension. The applicant
is currently in violation of the state statute requiring 50% of
all sales to be from non-alcoholic products and is subject of the
pending charges.
A Santa Monica Police Department representative indicated to
staff that they have observed consumption of wine purchased at
the wine store on the premises at Ode on Bakery. In the Police
Department's view, this is in violation of the existing CUP al-
lowing the Type 20, Off-Sale Beer & Wine, alCOhol license (At-
tachment C). The Police Department recommends denial of the pro-
posal to upgrade to a Type 21 alcohol license. One of their main
concerns is that the establishment could become a full liquor
store (Attachment G). Liquor stores have been the source of
numerous problems elsewhere in the city.
Alcohol Outlets
There are two alcohol outlets consisting of a restaurant (Type
47, On-Sale Beer & Wine) and grocery store (Type 21, Off-Sale
General) within a 500' radius of the site:
Type Establishment Address
47 Le Petit Moulin, Inc. 714 Montana Avenue
21 Van's Grocery Store 820 Montana Avenue
There are no schools or churches located within a 500' site
radius. saint Monica's is located outside the 500' radius at 7th
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and California Streets. Roosevelt Elementary School is located
just outside the 500' radius at 801 Montana Avenue. According to
the 1980 Census, there are approximately 800 persons residing
within the 500' site radius.
Parking and Circulation
There are fifty (50) existing on-site parking spaces. Nine (9)
parking spaces are devoted to the existing retail space. Addi-
tional spaces are not required for the proposal and no changes
are proposed.
Conclusion
The proposal for an upgrade to a Type 21, Off-Sale General, al-
cohol license from an existing Type 20, Off-Sale Beer & Wine,
alcohol license at Montana Wine company is one option for the
applicant in-lieu of complying with state law requiring that 50%
of all sales be from non-alcoholic items. Staff feels that that
the proposal is inappropriate for the establishment as formal
charges regarding this non-compliance are pending against the
applicant by the ABC, that two violations have occurred at the
site including sale to a minor, that the Santa Monica Police De-
partment has observed patrons of the wine company consuming wine
on-premises in violation of the original CUP, and that an off-
sale general license has the potential to create enforcement
problems for the Police and community.
RECOMMENDATION
It is recommended that the Planning commission deny Conditional
Use Permit 91-041 to allow the upgrade of an existing Type 21,
Off-Sale Beer & Wine, alcohol license to a Type 20, Off-Sale
General, alcohol license subject to the findings below:
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 proposal to upgrade
the existing Type 20, Off-Sale Beer & Wine, alcohol
license to a Type 21, Off-Sale General, alcohol license is
a conditionally permitted use in the C2 (Neighborhood Com-
mercial) District.
2. The proposed use would impair the integrity and character
of the district in which it is to be established or lo-
cated, in that the applicant is not in compliance with
state law for Type 20 alcohol outlets approved in Los An-
geles County since 1985 requiring that 50% of all retail
sales be from non-alcoholic products, that two ABC viola-
tion have occurred for the premises consisting of sales to
a minor and failure to provide books and receipts to the
ABC and in that the Santa Monica Police Department has
observed patrons consuming wine on-site at the adjacent
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establishment in violation of Conditional Use permit con-
ditions and in that conversion to an off-site general
licens, allowing the sale of spirits, may lead to greater
impact on Police Department enforcement resources, based
on experience with other such outlets in the city, and in
that the site is in close proximity to a school.
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 for an existing
commercial structure in the C2 district.
5. The proposed use would not 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
although the existing retail wine sales establishment is a
permitted use in the C2 district and the proposal for an
alcohol outlet upgrade to a Type 21 alcohol license is a
conditionally permitted use, establishment of such use may
lead to an adverse impact on Police enforcement resources,
which has been the case at other liquor store sites'in the
city.
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 proposal is for an existing retail sales es-
tablishment in an existing commercial structure in the C2
district.
7. Public access to the proposed use will be adequate, in
that the proposal is for an existing co~~ercial structure
with 50 parking spaces on-site in the C2 district.
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 not consistent with the goals, objec-
tives, and policies of the General Plan, in that the ap-
plicant is not in compliance with state law for Type 20
alcohol outlets approved in Los Angeles County since 1985
requiring that 50% of all retail sales be from non-
alcoholic products, that two ABC violations have occurred
for the premises consisting of sales to a minor and
failure to provide books and receipts to the ABC and in
that the Santa Monica Police Department has observed
patrons consuming wine purchased at the wine store on-site
at the adjacent establishment in violation of Conditional
Use Permit conditions, and in that conversion to an off-
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site general license, allowing the sale of spirits, may
lead to greater impact on Police Department enforcement
resources, based on experience with other such outlets in
the City, and in that the site is in close proximity to a
school.
10. The proposed use would not be detrimental to the public
interest, health, safety, convenience, or general welfare,
in that the applicant is not in compliance with state law
for Type 20 alcohol outlets approved in Los Angeles County
since 1985 requiring that 50% of all retail sales be from
non-alcoholic products, that two ABC violations have oc-
curred for the premises consisting of sales to a minor and
failure to provide books and receipts to the ABC and in
that the Santa Monica Police Department has observed
patrons consuming wine purchased at the wine store on-site
at the adjacent establishment in violation of Conditional
Use Permit conditions, and in that conversion to an off-
site general license, allowing the sale of spirits, may
lead to greater impact on Police Department enforcement
resources, based on experience with other such outlets in
the City, and in that the site is in close proximity to a
school.
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 and in that there are two other alcohol outlet
within a 500' radius of the site.
ALCOHOL OUTLET FINDINGS
1. The proposed use and location are not in accordance with
good zoning practice, in the public interest, and
necessary tha t substantial justice be done in that the
applicant is not in compliance with state law for Type 20
alcohol outlets approved in Los Angeles County since 1985
requiring that 50% of all retail sales be from
non-alcoholic products, that two ABC violations have
occurred for the premises consisting of sales to a minor
and failure to provide books and receipts to the ABC and
in that the Santa Monica Police Department has observed
patrons consuming wine purchased at the wine store on-site
at the adjacent establishment in violation of Conditional
Use Permit conditions, and in that conversion to an
off-site general license, allowing the sale of spirits,
may lead to greater impact on Police Department
enforcement resources, based on experience with other such
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outlets in the city, and in that the site is in close
proximity to a school.
2. The proposed use will adversely affect the welfare of
neighborhood residents in a significant manner in that in
that conversion to an off-site general license, allowing
the sale of spirits, may lead to greater impact on Police
Department enforcement resources, based on experience with
other such outlets in the City, and in that the site is in
close proximity to a school.
3. The proposed use will not contribute to an undue
concentration of alcohol outlets in the area in tha t the
proposal is for an existing alcohol outlet for retail
sales of wine 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 the 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'
site radius. , ....
5. The proposed use is not compatible with existing and
potential uses within the general area in that the
proposal is for an upgrade to a Type 21, Off-Sale General,
alcohol license permitting the off-sale of distilled
spirits with the potential for an adverse impact on Police
enforcement resources, which has been the case at other
liquor store sites in the City, and in that a school and a
church exist within general proximity to the site.
6. Traffic and parking congestion may result from the
proposed use in that the proposal for an upgrade to a Type
21, Off-Sale General, alcohol license represents an
intensification of use and and the sale of distilled
spirits would potentially contribute to an increase of
traffic, parking, noise, drunk-driving and crime problems.
7. The public health, safety, and general welfare are not
protected in that the proposal for an upgrade to a Type
21, Off-Sale General, alcohol license represents an
intensification of use and and the sale of distilled
spirits would potentially contribute to an increase of
traffic, parking, noise, drunk-driving and crime problems.
8. Harm to adjacent properties will result in that the
proposal for an upgrade to a Type 21, Off-Sale General,
alcohol license represents an intensification of use and
and the sale of distilled spirits would potentially
contribute to increase of traffic, parking, .
an no~se,
drunk-driving and crime problems.
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9. The proposed use is inconsistent with the objectives of
the General Plan in that the proposal for an upgrade to a
Type 21, Off-Sale General, alcohol license represents an
intensification of use and and the sale of distilled
spirits would potentially contribute to an increase of
traffic, parking, noise, drunk-driving and crime problems.
Prepared by: D. Kenyon Webster, Planning Manager
Susan White, Assistant Planner
Attachments:
A. Municipal Code and General Plan Conformance
B. Notice of Public Hearing
C. statement of Official Action for cup 546 dated 11/2/88.
D. statement of Official Action for CUP 90-074 dated 3/12/91.
E. Letter from Murray Weber to Staff dated 2/7/92.
F. Letter from Murray Weber to Planning Commission dated 2/13/
92.
G. Memorandum from Larry Horn & Ca1isse Lutcher, Santa Monica
Police Department to staff dated 2/24/92.
H. Alcohol Outlets Within a 500' Radius of the site
I. Radius and Location Map
J. Letters dated 2/16/92, 2/19/92 & 2/25/92 to Planning
commission.
K. Plot Plan & Floor Plans.
pcwordjmontwine
SMW
02/26/92
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ATTACHMENT A
MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE
Land Use
Category Element Municipal Code project
Permitted Use Retail sales Retail sales
- -- of alcohol of alcohol
conditionally conditionally
permitted. Upgrade from
existing Type 20,
Off-Sale Beer &
Wine to Type 21,
Off-Sale General,
alcohol license
requires a CUP.
Moratorium status N/A
..
OOO'?2
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OFFICIAL NOTICE OF PUBLIC HEARING
Subject of Hearing: Conditional Use Permit 91-041,
625 Montana Avenue, C2,
Applicant: Murray Weber, Montana Wine
Company
A Public Hearing will be held by the Planning Commission on
the following request:
Application for a Conditional Use Permit to allow a Type 21,
Off-Sale General, alcohol license for an existing wine
retail sales establishment with a Type 20, Off-Sale Beer &
Wine, alcohol license currently in place. Suspension of the
Type 20 alcohol license by the Department of Alcohol
Beverage Control (ABC) will occur unless the establishment
comes into compliance with a state statute requiring that
50% of all retail sales on-site be from non-alcoholic
products. The applicant has the option to apply for a Type
21, Off-Sale General alcohol license. A Type 42, On-Sale
Beer & Wine, alcohol license for purposes of wine-tasting in
conjunction with retail sales of wine is pending with the
ABC. (Planner: Susan White)
,.
TIME: WEDNESDAY, March 4 , 1992 AT 7:00 P.M.
LOCATION: COUNCIL CHAMBER, ROOM 213, CITY HALL, 1685 MAIN
STREET, SANTA MONICA, CALIFORNIA
The City of Santa Monica encourages public comments.
Interested persons may comment at the hearing, or by writing
a letter.
Letters should be addressed to:
Planning Division, Room III
1685 Main Street
Santa Monica, California 90401
Attn: Susan White, Assistant Planner
Information on any application may be obtained from the
Planning Division at the address above or by calling (310)
~58-834l.
The meeting facility is handicapped accessible. If you have
any special needs such as sign language interpreting, please
contact the Office of the Disabled at (310) 458-8701.
Pursuant to california Government Code Section 65009(b), if
this matter is subsequently challenged in Court, the
challenge may be limited to only those issues raised at the
Public Hearing described in this notice, or in written
correspondence delivered to the City of Santa Monica at, or
prior to, the Public Hearing.
S
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Esto es una noticia de una audencia pUblica para revisar
applicaciones proponiendo desarrollo en santa Monica. Si .
deseas mas informacion, favor de llamar a Elsa Gonzalez en
la Division de Plantificacion al numero (310) 458-8341.
pc/nt041
SMW
APPROVED AS TO FORM:
D. KENYON WEBSTER
Principal Planner
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...,
nOd IJ 1 L5
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.
($500.00) in support of or in opposition to any
candidate or measure shall file with the City Clerk
notice of such expenditure within ten (1.0) days of
making such payment, except that any expenditures
made within ten (10) days of the election shall be
reported to the City Clerk no later than twenty-four
(24) hours after the close of the election. Notices
shall be filed for each Five Hundred Dollars
($500.00) of expenditure.
SECTION 11219. Filinq of statements.
(a) Each candidate and each committee
supporting or opposing a candidate or candidates or
any ballot measure and each member of the Santa
Monica city Council! Santa Monica Rent Control
Board, or any other elected office of the city of
Santa Monica, shall file with the City Clerk each
statement required under Chapter 4 of Title 9 of the
Government Code (Political Reform Act of 1974).
(b) In addition to the disclosure
requirements of the Political Reform Act,
candidates, their controlled committees and other
committees primarily formed to support or oppose
measures or candidates covered by this Chapter,
shall disclose all contributions cumulating Fifty
Dollars ($50.00) or more, by providing the amount of
"
the contribution as well as the name, address!
occupation, employer, and employer's address of each
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..
such contributor; and shall disclose all
expenditures of Fifty Dollars ($50.00) or more, by
providing the amount of the expenditure as well as
the name and address of the recipient and a
description of the consideration for the payment.
SECTION 11220. Printed Literature. All
literature that is printed by or on behalf of any
person, candidate or committee including, but not
limited to, small cards and billboards, shall be
identified with the name and address of the
candidate or committee, or chairperson and
secretary, or at least two officers of the political
group or organization on whose behalf or order the
same is printed. If the literature is printed on
behalf of any person or group of persons who are not
also a candidate or committee, the person or group
of persons shall be identified. Such identification
of said persons shall be printed legibly and shall
be appropriate to the size and type of the
literature, but in no event shall such printing be
less than in six (6) point type. Compliance with
Government Code Sections 84305 et seq. shall be
-
deemed compliance with this Section.
"
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of the alcohol outlet to residential buildings, churches,
schools, hospitals, playgrounds, parks, and other existing
alcohol outlets in that there is only two other alcohol
licenses within a 500' radius of the site and in that the
conditions for approval will minimize the potential affect
on the adjacent residential uses.
CONDITIONS OF APPROVAL
l. The sale of wine shall be limited to bottled wine for off-
site consumption.
2. Plans for signage shall be subject to review and approval
by the Architectural Review Board.
3. Minor amendments to the plans shall be subject to approval
by the Director of Planning. A significant change in the
approved concept shall be subj ect to Planning Commission
Review. construction shall be in conformance with the
plans submitted or as modified by the Planning Commission,
Architectural Review Board or Director of Planning.
4. 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.
5. Ultra-low flow plumbing fixtures are required on all new
development and remodeling where plumbing is to be added.
(Maximum 1.5 gallon toilets and 1.0 gallon urinals and low
flow shower head.)
6. The Plans shall comply with all other provisions of Chap-
ter 1, Article IX of the Municipal Code, (Zoning Or-
dinance) and all other pertinent ordinances and General
Plan policies of the City of Santa Monica.
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7. This determination shall not become effective for a period -
of fourteen days from the date of determination or, if
appealed, until a final determination is made on the
appeal.
VOTE
Ayes: Farivar, Nelson, Lambert, Mechur, Pyne
Nays:
Abstain:
Absent: Kaufman, Hecht
I hereby certify that this statement of Official Action
aeeurately reflects the final determina.tion of the Planning
Commission of the city of santa Moniea.
signature date
.-
print name and title
PCjstcup546
DM
11/04/88
000')8
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- STATEMENT OF OFFICIAL ACTION
PROJECT
NUMBER: conditional Use Permit 90-074
LOCATION: 625 Montana Avenue
APPLICANT: Montana Wine Company
CASE PLANNER: Susan Hhite, Assistant Planner
REQUEST: Appeal of a Planning commission approval of a
Conditional Use permit to allow wine tasting
and wine tasting classes on-site in conjunc-
t~on 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 ACTION
3/12/91 Date.
Approved based on the following findings and
subject to the conditions below.
X Denled.
Other.
EXPIRATION DATE(S) OF ANY PERMITS GRANTED:
3/12/92 CCP 90-074
~E~GTH OF ANY ?O$SI3LE EXTENSION OF EXPIRATION DATE(S)
6!~2/92 C~p 90-07~
CONDITIONAL USE PERMIT FINDINGS
~. The proposed use is one conditionally permitted within the
subject distrlct and complies with all of the appl~cable
provisions of the "city of santa Monica Comprehenslve 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 wi th 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 C2 zone as an
alcohol use.
6. There are adequate provisions for water, sanitation, and
public utilities and services to ensure that tha p~oposed
use would not be detrimental to public health and safety,
in that the use would take place within an existing retail
center.
7 . Publ1c 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 1. 7.1 requires that fl... 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.
10. 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 Comprehensive Land Use
and Zoning Ordinance, in that the use is not governed by
the applicable chapters. 00' '0
lJ.)
- 2 -
e e
_ 12. The proposed use will not result in an overconcentration
of such uses in the immed~ate vicinity, in that there are
only 2 other similar uses with alcohol licenses w~thin 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 just~ce 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 public health, safety, and
general wel fare are pro't.ected: and no harm to adj acent
properties will result in that the alcohol sales would be
limited to bottled wine and that on-site consumption will
be limited to wine tast~ng 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
conditlons for approval will minimize the potential effect
on the adjacent residentlal uses.
CONDITIONAL USE PERMIT CONDITIONS
Spec~al Cond~tions
1. The proposed expansion to the east of the ex~sting retail
space shall be limited l.n use to retail sales of wine
only. There shall be r.o expansion of rights for the ap-
proval of the wine tast~ng service.
2. The wine tasting activity shall only take place on the
fl.rst floor in a designated area not to exceed ~70 square
feet. wine tasting activity, in conjunction with retail
sales of wine, shall take place only after 5 p.m., Monday
through Friday and durl.ng 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 - 00011
e e
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 Wlne tasting
classes only. The number of persons and staff shall be
limited 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 cla~ses are
permitted on Friday evenings.
8. The applicant shall be on notice that future standard al-
cohol conditions which may be developed shall apply to
this project 1f the conditions are 1nstituted prior to
final building 1nspection of the first floor wine tasting
area.
Plans
9. This approval 1S for those plans dated November 21, 1990
a copy of Wh1Ch shall be maintained in the files of the
Clty Planning niV1s1on. ProJect development shall be con-
sistent with such plans, except as otherwlse specified 1n
these cond1t1ons of approval.
10. The Plans shall comply with all other provisions of Chap-
ter I, Art~cle IX of the l1un1cipal Code, (Zoning Or-
dJ.nance) 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 D~rector of Planning. An increase of more than 10%
of the square footage or a significant change in the ap-
proved concept shall be subject to Planning commission
Review. Construct1on shall be in conformance with the
plans submitted or as modif1ed by the Planning Commission,
Architectural Review Board or Director of Planning.
Arch1tectural Review Board
00 t) 12
- 4 -
----- -
e e
12. Pr~or to consideration of the project by the Architectural
. ReV1.ew Board, the applicant shall review disabled access
requirements with the BUl.lding 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.
13. Signage shall be subject to the approval of the Architec-
tural Review Board.
l~. 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 des1.gn ele-
ments; exterior colors, textures and materials; w1.ndow
~reatment; glazing; and landscaping.
Environmental Mitigation /
16. Ultra-low flow plumbing fixtures are requ1.red on all new
development and remodeling where plumbing is to be added.
(Max1.mum 1.6 gallon toilets and 1.0 gallon ur~nals and low
flow shower head.)
Miscellaneous Conditions
:7. The operation shall at all times be conducted in a manner
not detrimental to surrounding properties or res1.dents by
reason of lights, n01.se, activities, parki:1g or other
act1.ons.
:8. Street and/or alley lighting shall be provided on public
rights of way adjacent to the project if and as needed per
the specif~cations and ~1.th the approval of the Department
of General Services.
Valld1.ty of Permlts
19. In the event permittee violates or fails ~c comply with
any conditlons of approval of this permit, no further per-
mits, licenses, approvals or certificates of occupancy
shall be issued until such violation has been fully
remed~ed.
20. Hith~n ten days of Planning Division transm1.ttal of the
statement of Offic1.al Act1.on, proJect applicant shall sign
and return a copy of the Statement of Offic1.al Action pre-
pared by the Planning Dl.vision, agreeing to the Conditions
of approval and acknowledging that failure to comply with
such conditions shall constitute grounds for potential
, - 5 - 00013
e e
revocation of the permlt 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 Plann1ng 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 datel unless the relevant building per-
mit, business license or ABC license has been issued prior
to the permit expiratlon date. One three-month extension
of the one year per10d may be permitted if approved by the
Director of Planning.
ALCOHOL OUTLET CONDITIONS
l. The Santa Monica Police Department shall not be restricted
in access to the first floor wine tasting area durlng
retail hours or dur~ng wine tasting classes.
2 . No persons under 21 years of age shall be allowed within
the first floor w~ne tastlng area and signs shall be
posted to this effect.
3 . Serving of alcoholic beverages is restricted to tasting of
Wlne in conjunction with retail sales of wine after 5 p.m.
only, Monday through Fr1daYt from 11:00 a.m. to 6: 00 p. m. ,
Saturday and Sunday I and during supervised wine tasting
classes after 7 p.m. , Monday through Thursday and after 6
p.m. I Saturday and Sunday. Wine tasting classes may be
conducted only outs1de of regular store operating hours,
due to parking demand.
A The Hontana Wine COT.'lpany shall provide a driver to any
'"T .
1nebr1ated customers or wine-tasting students.
4 . Servlng of food othe~ than bread shall not occur in con-
junction wlth the W1~e tasting activity. Any expansion of
-:.he reta1l bakery 1S subJect to approval by the Planning
Director.
5. No danc1ng or llve entertainment shall be permitted on the
premises.
6. No change ln lntenslty of operation shall occur without
prlor approval from the Clty of Santa Monlca and State
ABC.
I . Minor amendments to the plans shall be subject to approval
by the Director of Planning. An increase of more than 10%
of the square footage or a slgnificant change ln the ap-
proved concept shall be subject to Planning Commission
review. Construction shall be in substantial conformance
with the plans submitted or as modified by the Planning
Commission, Architectural Review Board, or Director of
Plannlng.
- ~. - o 0 ~l ~ ~
. e e
8. The applicant: shall comply with all legal requirements
. regarding provis~ons for the disabled, including those set
forth in the California Administrat1ve code, Title 24 I
Part 2.
9. Refuse areas, storage areas, and mechanical equipment
shall be screened in accordance with Sec. 9127J.2-4
(SMMC). Refuse areas shall be of a size adequate to meet
on-site need.
lO. 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 I or other
actions.
11. No noise generating compressors or other such equipment
shall be placed adjacent to neighboring residential
buildings.
2.2. 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. ~
::"4 . Within thirty (30) days from date of approval ( if ap-
proved) the applicant shall provide a copy of the state-
ment of Offic~al Action for this approval to the local
office of the State Alcoholic Beverage Control department.
15. This permit shall expire one year from the effective date
of approval unless required ABC permits are obtained. One
three-month extension of the one-year period may be per-
mitted if approved by the Director of Planning.
Prepared by: Susan Whi~e, Ass~stant Planner
,.rOTE
Ayes: Abdo, Genser, Holbrook, Katz, Olsen, Vazquez, Zane
Nays:
Abstain:
Absent:
NOTICE
~~ th~s is a f~nal decis~on not SUbJect to further appeal under
the c~ty of Santa Honica Comprehensive Land Use and Zoning Or-
dinance, the tlme w~thin wh~ch judiclal review of this decision
::lust be sought ~s governed by Code of civil Procedure section
1094.6, which provision has been adopted by the City pursuant to
Munic~pal Code Sect~on 1400.
- 7 - 0001;)
I
I / e . .
~ I hereby certify that this StateMent of Of!ie1~Action ac~~rate-
ly reflects the final determinatl.on of the city Counc~l of the
City of Santa Monica. .
,~~' :~ [/,-q(~~17rJ:4/' ," :' 1/
signature,/"" date
Beth Holmes, Ass~stant C~ty Clerk
Please Pr1nt Name and T~tle
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.
< ~ ..4;.....~l~.....\...A 1,...i'L..~\.f ~-~..A~,t.{..f
'- ~
<..... ,
,f i
Appl~cant's Slgnature
"-J
'~~'y'\. V'I:~, _~ _ ~
,.'-\j ; ev..., _, - ~ I. <;: ......_'.1
Pr1n~ Name and T1tle
~"
PCjc:c625
SMW
.
- 8 - OOi)'H}
-,..- -
-- ------
-- -
e e
. MONTANA WINE CO.
CITY OF S~.~.::, ~~~ON~C\.
CITv Pl a\N~(~I!" "=F!r-~
.. i "':11 '1:,11-'... ...... """'L.
February 7, 1992
Kenyon Webster "92 FBI 10 P 4 :45
City of Santa Monica
Department of Planning and Zon~ng
1685 Main Street
Santa Mon~ca, CA. 90401
Re: Montana Wine Company, Inc.
CUP 90-074
W1ne Tasting, Wine Tasting Classes on-site
in conjunction with retail sales of wine~
Dear Mr. Webster:
The above referenced Conditional Use Permit was approved by the
Department of Planning and Zoning on March 12, 1991 however the
Department of Alcoholic Beverage Control has delayed in issuing
our license for this use.
As instructed by Susan White of your department, this letter
will serve as a formal request to extend the expiration date of
the above referenced permit currently scheduled to expire on
March 12, 1992 to September 12, 1992. Hopefully this extension
of time will be sufficient for the Alcoholic Beverage Control to
issue our license.
Sincerely,
Montana Wine Company
~
..
By: .~ \('Itf,t{(
< 1, I!.J , _ '...., . '\. ~
Murray Weber
\
OO\}17 ~.
625 Montana Ave. . Santa Monica, Ca., 90403 · (213) 451-4553
45'S - II? i7..
e e
fv10NTANA WINE CO. 0
Febru3.ry 13, 1992
.::~ ty of Santa MonIca
C~ty Plann~ng DIVIs~on
1685 Main Street, Room 212
Santa MonIca, CA. 90401
Re: Montana WIne Company
CUP 91-041
To all PlannIng Commlssioners:
The CIty of Santa MonIca approved a CondItional Jse Permit for
our WIne store approxImately 2 1/2 years ago and we opened for
bUSIness 1n January 1989 WIth an Off-Sale Beer and WIne
license. The license was restricted to requ~re that more than
50% of our sales be from non-alcoholic products. We were able
to satisfy th1.s reqUirement because the Department of Alcholic
Beverage Control ( or ABC" ) requIred Odeon Bakery to be a part of
our lIcense. About 8 months ago the ABC changed itl$ P9sition
and excluded the Odeon sales. This caused us to fail to meet
the 50% rule. The ABC also proposed to revoke our lIcense unt~l
we meet the 50% rule and we will be unable to satisfy thls
reqUIrement.
After several months of negotlation the ABC agreed that we can
remain in business only if we obtain an Off-Sale General
1Icense permitt~ng the sale of all Wlnes and sp~rits.
~~eve r the less they issued a ruling that Will result in a
ger~anent suspens~on of Clur current Wine lIcense wl.thl.n a few
f.1onths (copy enclosed) so we must obtaln the general lIcense
promptly.
We have spoken to representatives of the groups that opposed our
nost. recent approval for on slte wine tastlngs and they are not
generally opposed to our selling spirits. We also plan to have
~ mee~lng wit~ all of t~ese prop Ie Shortly to work wlth any
concerns that ~hey may 'av~. If necessary we are wllllng to
lImIt our license In several respects, although no one In th1S
group consl.dered thls necessary. We would also like to be able
to satisfy the complete entertal.nrnent needs of our cllentele.
Some of the possible areas of 11.mitation lnclude the follow~ng:
1. Use of only 10% of our floor space for the sale and
storage of flne distl.lled spirlts;
2. OfferIng only ODe s~ze bottle of any part1.cular product;
3 . AgreeIng by covenant or otherwise that hard liquors
shall never be consumed on the premlses.
OOH1P r:
625 Montana Ave. . Santa Monica, Ca., 90403 . (213) 451-4553
e e
The cost of an Off-Sale General License is a large investment
and maintenance of even a small inventory is an additional cost.
It is also not at all profitable to sell whiskey and it is a
route we tried to avoid, but we also wish to rema1n in business.
We understand that there is currently debate about permitting
new establishments to sell liquor in Santa Monica, but we are an
existing Santa Monica business caterlng largely to Santa Monica
residents. This community also seems to be satisfied with the
manner in which we have operated under our present license since
not a single complaint of any type was filed with the ABC in
connection with our recent posting for an amended license to
expand our store and conduct on-site wine tastings (and approval
by the Santa Monica City Council for this use was unanimous).
Also the very site which we presently occupy was until 1986
occupled and operated for many years by a liquor store (The Cock
N' Crow) .
We would appreciate your consideration in approvlng an Off-Sale
General License for the Montana Wine Company.
.;
Sincerely,
{' i mlZ
I i!!!.1 ;/ ~ ' L
Murr' Weber
B:027A
cc: Paul Berlant
Kenyon Webster
Susan White
00019
e BEFORE THE e
DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL
OF THE STATE OF CALIFORNIA
IN THE MATTER OF THE ACCUSATION AGAINST.
~ontana W1ne Company, Inc.
Montana Wine Company
625 Montana Avenue
Santa Mon1ca. CA 90403 FILE: 20-228140
REG. 91025999
L-551136
Respondents(s) NOTICE OF HEARING
L1censee(s) under the AlcohollC Beverage ON ACCUSATION
Control Act.
To the partles 1n the above-entitled proceedlng:
You are hereby not,fled that a heanng on accusatlon dated August 16. 1991.
.,.,,111 be held by an Admimstratlve law Judge of the Dfflce of Admlnistrative
Heanngs at 314 West Flrst Street. Los Anfe..!!? Callfornla on Apnl 7. 1992 at
the hour of 1: 30 p.m. or as soon thereaf er as the matter can b.e heard. upon
the charges made in the aforesa1d accusation.
You may be present at the hearlng. You have the nght to be represented by an
attorney at your own expense. You are not entitled to the apPolntment of an
attorney to represent you at public expense. You are ent1tled to represent
yourself wlthout legal counsel. You may present any sU1tab1e eVldence and wi 11
be glYen full opportunlty to cross-examlne all wltnesses testifying agalnst
you. You are entlt1ed to the lssuance of subpenas to force the attendance of
wltnesses and the showlng of books, documents or other thlngs.
The hearlng may be postponed for good cause. If you have good cause, you are
obllgated to not1fy the agency wlth1n 10 work1ng days after you d1scover the
good caus e. Fallure to notrfy the agency w1th'in 10 days wlll deprive you of a
p os tponement.
If you are not skillful 'in speak1ng or understandlng the Engllsh language and
ask for language asslstance, an lnterpreter wi 11 be made ava1lable at the
hearing. You may have to pay the cost of providing an lnterpreter. If you
need language help. you are asked to not1fy the Department Hnmedlately. You
may ask for an interpreter or the 1ssuance of subpenas by applYlng to the
Department of A 1 coho 1 i c Beverage Contra 1 at the nearest 01strict or Division
Office or to Department Headquarters in Sacramento.
Dated at Sacramento, Cal1fornia -- February 10. 1992
DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL
By -- Carolyn_Roberson
Chlef. Hearing and Legal
(916)445-7063
ABC-IOS(S-BS) o 0 {).t 0
e BEFORE THE e
~ DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL
OF TJI~ STATE OF CALIFORNIA
IN THE MATTER OF THE ACCUSATION AGAINST:
Montana Wine Company, Inc.
Montana Wlne Company
625 Montana Avenue
Santa Monlca, CA 90403
FILE 20-228140
REG. 91025999
DECLARATION OF
SERVICE BY MAIL
under the Alcoholic Beverage Control Act.
The underslgned declares:
-
I am over elghteen years of age, and not a party to the wlthln cause; my
business address lS 1901 Broadway, Sacramento, Ca11fornla. 95818. I served
by REGULAR mall a copy of the fol1owlng documents:
NOTICE OF HEARING
on each of the followlng, by placlng same in an envelope{s} addressed as
f 0 11 ows :
Montana Wlne Company, Inc., Montana Wine Company, 625 Montana Avenue, Santa
Mon lca, CA 90403
Joshua Kaplan, Attorney at Law, 9171 Wilshlre Boulevard, Suite 430,Beverly
Hills, CA 90210
Each sald envelope was then, on February 10, 1992, sealed and deposited 1n the
Unlted States Mail at Sacramento, Californla, the county ln which I am employed;
with the postage thereon fully prepaid.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on February 10, 1992, at Sacramento, Californla.
/~~_&~~~
~heba Chastain. Declarant
ABC-1l6(8-87)
(tn '41
DEPARTMEN'O~ BEFORE THE B~~GE
ALCOHOLIC CONTROL
OF THE STATE OF CALIFORNIA >
IN THE HATTER OF THE ACCUSATION AGAINST }
} FILE 20-228140
Montana W1.ne company Inc. } o 1 {, <.:; .:: C..
} REG6.;,
'C,.il# '\.. ~ La;' '\ :-
DBA: Montana W1ne Company } , - /
} ACCUSATION
PREMISES: 625 Montana Ave. Ste uB" } UNDER ALCOHOLIC BEVERAGE
Santa Hon1ca, CA 90403 } CONTROL ACT AND STATE
} I CONSTITUTION
}
LICENSE (S) : Off-Sale Beer & W1De
I hereby complaLn and accuse the above respondenc(s), hold Lng the above 11cense(s), based on ~
tollowLug statement of facts:
.
COUNT I
Cont1nuance of the above-designated license would be contrary to publLc welfare and morals WLt'
the mean1ng of Article XX, Sect10n 22 of Lhe Coost1tut1on of the State of Californla and Sectl
24200(a) of the Bus1uess and Professions Code, in that on or about November 17, 1989, the abo\
des1gnated alcoholic beverage lLcense was 1$sued to th.e respondent-licensee(s) for the abO\/
desLgnated prem1ses, subJect to the followLng cond1tion(s) in part:
"The sale of products, other than beer and W10e, measured by gross rece1pts on an annual basi
shall exceed the annu.a.l sales of beer and W1ne products. measured by gross rece1.pts."
That 1.n v1.olatJ.on of the above-recited condition(s) and on or about June 25, 1991 and L
preceed1.ng 12 ~onths, respondent-licensee, did sell more beer and wine than other products,
vlolatlon of Sectlon 2380~ of the BUSlness and Professions Code.
COUNT II
On or about June 25, 1991, a demand was wade 1.n writ1ng of the respondent-licensee to produce boo
and records. to-W1 t :
Total gross sales of alcoholLc beverages and other related items sold at the above premises, S1.0
Novellrber 17, 1989.
.
Said demand was made pursuant to an l.nvest.igation Co det.eIlll1.ne if the sale of products I other th.
beer and Wlne. measured by gross receipts on an annual basis. shall exceed the annu.a.l sales of be
and ~ine produces, measured by gross receipts.
Up Co and l.ncluding the date of this accusation. no records have been received, const1.tuting
refusal of the l1.censee to allow the Department to examine the above-mentioned records,
v~olation of Section 25753 of the Business and Professions Code.
DO' 141 -
-
1
. - . I
. -
.
- ~ -------- -~- ---- - - - ----- - -...""'------ - --
20-228140 ( (
~ONT;NlI, l';I!lJE CQ"1PAI\Y, It-;e e
?.:.ge 2
.
for the purpose of the lmposlclon ot penalty, If dny, arI.Slng from chls proceedl.ng, It 15 fur[lh
alleged that the respondent-llcensee(s) has suffered the followlng dlsclpllnary hlstory'
DATE vrOLATION pP.NALTY REG. NO
5/1/91 24200(a&b) Pendlng 24444
25658(a)B&P
,
.
. ~
Llcensee(s) PreVlOUS Record: Llcensed as above Sl.nce November 17. 1989, with the above I1ste(
dlsclpllnary hlstory.
(l) That by reason of the foregoing facts. grounds for suSpenSH)n Or revocatlon of such h.cense(s
eXlst and the contlnuance of such licensees) would be contrary to publlc welfare and morals. a
set torth w Artlcle XX, Sectlon 22. State ConsCltution, and Sectlon(s) 24200(a) and (b) of the
BUSlness and Professlons Code;
-
(2) Other prOV1Slons violated: See each count.
WHEREFORE, I recommend that a hearing be held on this accusation.
Dated this If- day of t'&(z 1991. ~$~
Oon,f3 / ;/
DistrIct AdlllIstrator
Coatrol le~ DepartJeDt of AlcoholIc BeveragE
STATEMENT TO RESPONDENT(S)
UnleSS a wrItten request for a hearing signed by yoa, or OD your behalf, is delivered, or .alled, to the Departlent of Alcoholic Beveraqe
Coatrol WIthin fIfteen 115) days after the foregoing accusation vas personally served on you or allIed to IOUI the DtpartJent of AlcoholI'
Beyerage Control laY proceed upon the acclllatlon without a hearu~ to tate actllln thereon as ~ro'lded by avo The request for a heariaq
lay be lade by delIverIng or lalling tbe focloserl fori fotitlej: Notltf of Defense', Of hy ellyerlng or lal]109 a Notice of Defense tc
the Departlent of AlcoholIC Beverage Control, 19D1 BroadYaf~ sacralento, California 9S818, as prOVIded b) Section 11506 of the Goverllent
Code. ThE 'HotIce of Defense' forwarded hereWIth, if signt IDd returned to the Departlent of AlcoholIC tverage COntrol, shall be dee.et
a speCIfic denial of all parts of the accusation, bat JOu viII lot he rerlltted to raise an~ obJectlol to the fori of the Icc.satioD, unless
fOU flle i further Hotiee of Defense as provided, In SectlG. 1150 of tbe GOVetD.elt ode wlthlD said 15 days Ifter servlce of saId
accusitioD UPOD fOU. Iou II' but need aot, be represented by counsel at any or ill staqes of these proceedings.
The hearing lay be postpoDEa for good cause. If rou have good cause, Joa are ob iged to notify this agency vlthiD 10 wortiag days after
JOU discover the good'cause. railare to notify this aqency Iltbin 10 days viII deprive yoa of a postponelent.
1.Bc.JOO (S-SS)
e e
Ster-t of !teft !3
.
Mes!lage. Dated. 02/24/92 at 0845.
SubJed MONTANA WINE CO CUP # 91-041,
Sender-. Kenyon WEBSTER I LUTMD/01 Contents : 10
TO: SU5en WKITE 1 LUrMDf0i
F'er-t I
TO: Susan WHITE I ~JTMO/01
CC Shar-l LAHAM 1 LU7MO/01
Oavld MARTIN f LUTMD/01
Par-t 2
FYI
Pllr-t 3
TO, Kenyon WEBSTER f LUTMDf01
Par-t 4
.
the e-fIIell fr-ofll John r-e the Wlne Co. I'll for-wer-d fIIY r-e~ly next
Po!Ir-t 5.
TO. Paul BERLANT f LUTMD/01
CC: Lynne BARRETTE 1 MGR/01 ..
J11'I BUTTS I SMPD
Par-t 6
Fr-ol'l Bob Taylor- at PD ""ny cOfll!ltents?
Pert 7
TO John JALILI / ~GR/01
Part 8.
FYI, and r-esponse
Par-t 9
FROM: Lar-r-y HORN I SMPDI01
Cells5e LUTCHER f SMPOt01
TO' Bob TAYLOR I SMPO/01
Par-t 10
Based on the Ulce Unlts lnvestigatlon of the Montana Wlne COfllpany, we
would r-eqUe5t a denlal of the e5tabllsh~ent recelvlng a Type 21, Alcohol
Llcense.
We have had one lucces!lful decoy at the establlshl'lent Also ther-. has been
vlolatlons of their eXIsting Conditional Use Perl'llt (CUP), the conSUl'lptlon
of alcohollc bever-age at the baker-y adjacent to the WIne Co. With thu,
the Wine Co, ha! Falled to l'Iai"ta1n their 50% alcohol 5ele~ ~~th food sale!,
We found that the Odeon Baker-y 15 in fect not ln as.oclet1on ~lth the W1ne
Co. Therefor-e, the W~ne Co cannot llve uc to thelr current alcohol license
We al.o found that the Wlne Co. 1. cur-r-ently plannIng to expand to the busI-
ne5S dIrectly to the east, SUIte #13
In the pa~t, atte~pts wer-e ~ade ver-bally, to request cOfllollence of their
curr-ent alcohol l1ce"5e and CUP. We have found thel'l to be uncooperatjve.
It 15 our feellng that the lS5uance 0' a Ty~e 21 Llce~le, allOWIng full
offssles llouor 11cen5e, wlll eventually allow the locatIon to beco~e s
full serVIce "LlqUor Stor-e"
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Javld Clayoerg
1754 9th St. Apt .:::
Santa t-Aonica. Cn 9JL04
CITY OF ~t;~. ~- MON~::;-.
CITY PlANN:'l;3 OFF!CE
Feb. ' ;- 1992
1.0,
"92 FfB19 A8S8
Dear Sa~ta Monica City ~lar.~ing Comm:SSlon:
Ps a Clty resldent and patron of the Montana Wine Comoany,
~ ~ould like to urge you to lssue the general offsale llcense
for which they have 8opllec.
- 80Dlaud your efforts to ~eeD a tight reln on the grcwth
-
....; alcchol-relatec businesses l'l Santa Monlca, esoeclally
2lang the T~iro Street Promenade. I do feel, however, t~at
:~= soirit of this idea (if yOt.: wlll wardon the pun) is to
- -
::'imi t the amount cf new bars being bUllt, not to punisn our
friendly neighborhood wine merchant.
TC8 ~any bars can bring raucous clientelle, parki0g sroblems,
and crunk drivers. Certainly no one can say the same of a
5'"1811 IInne shoo.
T'Ia'lK you for respondlng so well to the needs of your Dublic.
Yours truly,
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MONTANA WINE CO.
February 25, 1992 CITY ~i= ~." - · l,!r1-' --
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CITY PlANt-l \,. -: 0Fl:fC(
Susan White
City of Santa Mon~ca VZ FEB 26 P3S6
Department of P1ann~ng and zoning
1685 Main Street
Santa Monica, CA. 90401
Re: Montana Wine Company
CUP 191-041
Dear Susan:
As you are aware we are scheduled for a hearing before the
Planning Commission on March 4, 1992 to amend our existing
Condltional Use Permit to an Off-Sale General Liquor License.
At our hear~ng last year for expansion and wine tast~ngs, Jerry
Bass representing the Early Years School and Margaret Bach
representlng the Roosevelt School PTA spoke in opposit1on. We
felt it would be useful to meet with these two groups in an open
setting to discuss any concerns.
We spoke with Cindy Lederer, the new President of the Roosevelt
School PTA and she expressed no opposition to the new license.
She is willing to meet if a group meeting can be arranged. I
called Jerry Bass on three occaSlons and spoke with his wife,
Stephanie Barbeneau who agreed to call back to schedule a
meeting however at this point she has not done so.
We had hoped to deal with any concerns by these groups
beforehand, so the Planning Commlssion would not be burdened
with an unnecessary debate and we hope that the Commission will
take this into account.
"Sincerely, /' -:--- [{f'
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&Janne Prescott
/B:045A
00030
625 Montana Ave. . Santa Monica, Ca., 90403 · (213) 451-4553
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proponent(s) of any such petition must comply with
all other applicable sections of the California
Elections Code including, but not limited to, any
requirements relating to the filing of a notice of
intent to circulate petition, summary and title
prepared by the City Attorney, any publication or
posting obligations, any time limitation for
securing signatures, and any filing requirements.
(a) Sample Initiative Petition Format. The
form for an initiative petition shall be
substantially in the form set forth in Exhibit A.
(b) Sample Charter Amendment Petition
Format. The form for a petition to amend the city
Charter shall be substantially in the form set forth
in Exhibit B.
(c) Sample Referendum Petition Format. The
form for a referendum petition shall be
substantially in the form set forth in Exhibit C.
(d) Sample Recall Petition Format. The
following form for a recall petition shall be
substantially in the form set forth in Exhibit D.
SECTION 11229. Acceptance of Petition. Prior
to circulating a petition, any person may request a
determination from the city Clerk that the petition
form is in substantial compliance with the form
required by Section 11220. The city Clerk shall
have seven (7) days from receipt of a petition for
- 20 -
NOTICE OP DEVELOPMENT PROPOSAL
To: Concerned Persons
From: The city of Santa Monica
subject of Hearing: Appeal of conditional Use Permit 91-041
Address: 625 Montana Avenue
Applicant: Murray Weber,
Montana Wine Company
Appellant: Kelly Olsen
A Public Hearing will be held by the City Council on the
following request:
Appeal of a Planning Commission Approval of Conditional Use
Permit 91-041 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, Montana wine Company. Suspension of the Type 20
alcohol license by the Department of Alcohol Beverage Control
(ABC) will occur unless the establishment comes into compliance
with state law requiring 50% of all on-site retail slaes to be
from non-alcoholic products. The applicant has the option to
apply for a Type 21 alcohol license. A Type 42, On-Sale Beer &
wine, alcohol license for purposes of wine-tasting in conjunction
with retail sales of wine is pending with the ABC.
(Planner: Susan White)
TIME: TUESDAY, May 12 , 1992 AT 7:30 P.M.
LOCATION: COUNCIL CHAMBER, ROOM 213, CITY HALL
1685 MAIN STREET, SANTA MONICA
HOW TO COHHENT:
The city of Santa Monica encourages public comment on this and
other projects. You or your representative, or any other persons
may comment at the City Councills public hearing, or by writing a
letter.
Letters should be addressed to:
city Council, city Clerk's Office
1685 Main street, Room 102
Santa Monica, California 90401
MORE INFORMATION
If desired, further information on any application may be
obtained from the City Planning Division at the address above or
by calling (310) 458-8341.
- 1 - 00,,1:),1 P
The meeting facility is handicapped accessible. If you have any
special needs such as sign language interpreting, please contact
the Office of the Disabled at (310) 458-8701-
Pursuant to California Government Code Section 65009(b), if this
matter is subsequently challenged in Court, the challenge may be
limited to only those issues raised at the Public Hearing
described in this notice, or in written correspondence delivered
to the city of santa Monica at, or prior to, the Public Hearing.
Esto es un aviso sobre una audencia publica para revisar
applicaciones proponiendo desarrollo en Santa Monica. Esto puedo
ser de interes a usted. si deseas mas informacion, favor de
llamar a Elsa Gonzalez en 1a Division de P1antificacion al numero
(310) 458-8341-
PCWORDjtempccpn
pcjntc041
SMW
APPROVED AS TO FORM:
D. KENYON WEBSTER
Principal Planner
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e ( BEFORE THE B"E~GE
DEPARTMENT OF ALCOHOLIC CONTROL
,
. .., OF THE STATE OF CALIFORNIA
IN THE HATTER OF THE ACCUSATION AGAINST }
} FILE 20-228140
Hon~ana Wine company Inc. }
} R;:'~'. (1 1 {} t:' ,~ L \ ;
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DBA. Montana Wlue company }
} ACCUSATION
PREMISES 625 Montana Ave. Ste uB" } UNDER ALCOHOLIC BEVERAGE
Santa Monica, CA 90403 } CONTROL ACT lUrn STATE
} CONSTITUTION
}
LICENSE(S): off-sale Beer & W1ne
I hereby complain and accuse the above respondent(s), hold~ng the above 1~cen5e(s). based on the
follow~ng statement of facts:
.
COUNT I
Cont1nuance of the above-designated license would be contrary to publ1c welfare and morals with1n
the mean1ng of Artlcle XX. Section 22 of the Constitution of the State of California and Sectlon
24200(a) of the BUS1ness and Professions Code, in that on or about Novewber 17, 1989. the above-
des~gnated alcohollc beverage license was 1ssued to the respondent-licensee(s) tor the above-
ces1gnated premises, subject to the follow1ng cond1tion(s) in part:
"The sale of products, other than beer and W1ne, measured by gross receipts on an annual bas15,
shall exceed the annual sales of beer and W1ne products, measured by gross rece~pts."
That in violatl.on of the above-recited condition(s) and on or about June 25. 1991 and the
preceed~ng 12 months. respondent-licensee, did sell more beer and W1ne than other products, 10
v~olatlon of Sectlon 23804 of the Busl.ness and Professions Code.
COUNT II
On or about June 25. 1991. a demand was made 1n writ1ng of the resf>(lndent-licensee to produce books
and records, to-WIt:
Total gross sales of alcoholic beverages and other related items sold at the above premises, Slnce
November 17. 1989.
.
Said demand was made pursuant to an investigation Co determine if the sale of produces I other chan
beer and Wl.ne, lneasured by gross receipt.s on an annual bas is, shall exceed the annual sales of bee r
and vine products. measured by gross rece~pts.
Up to and including the date ot th.is accusation, no records have been recelved. constltuting a
refusal of the licensee to allow the Department: to examine the above-mentioned reCD rds I in
violat1on of Section 25753 of the Business and Professions Code.
.
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O~70 G
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20-228140 nee ( e (
MO~TAl':~ I..'INE COMPANY.
Page 2
- .
-.
For the purpose of the lmpos~t~on of penalty, ~f dny, ar~s~ng from thIs proceed1ng, lt ~s further
alleged that the respondent-l~censee(s) has suffered the follow~ng dIscIplInary hlstory:
pATE vrOLATION pENALTY BEG. NO.
5/1/91 24200(a&b) Pending 24444
25658(a)B&P
L~censee(s) Previous Record: L1censed as above Slnce November 17, 1989, with the above listed
d1sc1plinary history
(1) That by reason of the foregoing facts, grounds for suspension or revocat~on of such licensees)
eXIst and the cont1nuance of such 11cense(s) would be contrary to pub11c welfare and morals, as
set forth 1n Art~cle XX, Section 22, State Constitution. and Section(s) 24200(a) and (b) of the
Bus~ness and Professions Code:
-
(2) Other provisions v10lated: See each count.
WHEREFORE, I recownend that a hearing be held on thls accusat~on.
/ /
I( day of ~Jr(1 0; /'
Dated thl.s 1991. / ~/~-
0;4~~ /{ y
love DIstrIct Adllnlstrator
Control C'J:'r1 ~ 'J Depart.ent of AlcoholIc Beverage
STATEMENT TO RESPONDENT(S)
UnleSS a wrItten request for a hearing sIgned by you, or on your behalf, IS ~elivered, or laIled, to the Departlent of AlcoholIC Beverage
Control WIthin fIfteen 1151 days after the foregoing accusatIon ~as personally served on you or JaIled to Ioul the Departlent of AlcoholIC
Beverage control lay proceed UPOD the accusatIon WIthout a bearInG to take actIon thereon as lrOY1ded by av. The request for a hearing
lay be lade by delIverIng or laIling the enclosed fori entItled: lNotlce of Defense', or by ellverlng or lalling a Notice of Defense to
the Departlent of AlcoholIC eeverage Control, 1901 Broadway~ Sacralento, CalIfornIa 95616, as provIded b) SectIon 115D~ of the Govern.eot
Code. The 'Notlce of Defense' forwarded herewIth, if siqne and returned to the Departlent of AlcoholIC everage control, shall be deeled
a speCIfIC denial of all parts of the accusation, but y~u WIll Dot be ferlltted to raIse an~ obJectIon to the fori of tbe accusation, unless
you fIle a further lIolice of Defense as provided, In SectIon 1150 of the Governent ode Vlthln said 15 days after service of saId
accusation upon you. You lay but need not, be represented by counsel at any or all stages of these proceedIngs.
The hearing Jay be postponeQ for good cause. If you have good cause, you are oblIged to notify this agency WIthin 10 working days after
you dIscover the good cause. Failure to notify thIS agency WIthIn 10 days WIll deprive YOQ of a postponelent.
ABC-30D (5-881
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e BEFORE THE e
DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL
~ OF THE STATE OF CALIFORNIA
IN THE MATTER OF THE ACCUSATION AGAINST:
Montana Wine Company, Inc.
Montana Wlne Company
625 Montana Avenue
Santa Monlca, CA 90403 FILE: 20-228140
REG: 91025999
L-55~36
Respondents{s) NOTICE OF HEARING
Llcensee(s) under the AlcohollC Beverage ON ACCUSATION
Control Act.
To the partles ln the above-entltled proceedlng:
You are hereby notTfied that a hearing on accusatlon dated August 16, 1991,
wlll be held by an AdmlnlstratlVe Law Judge of the Offlce of Administrative
Heanngs at 314 West Flrst Street, Los Angel.es, Callfornia on April 7,1992 at
the hour of 1:30 p.m. or as soon thereafter as the matter can be heard, upon
the charges made in the aforesald accusation.
You may be present at the heanng. You have the right to be represented by an
attorney at your own expellse. You are not entltled to the appointment of an
attorney to represent you at public expense. You are entltled to represent
yourself wlthout legal counsel. You may present any suitable evidence and will
be given full opportunity to cross-examlne all witnesses testifying against
you. You are ent it led to the lssuance of subpenas to force the attendance of
wltnesses and the showlng of books, documents or other thlngs.
The hearing may be postponed for good cause. If you have good cause, you are
obl1gated to notlfy the agency within 10 work lng days after you discover the
good cause. Failure to notify the agency wlthln 10 days will depnve you of a
postponement.
If you are not Sklllful in speaklng or understanding the Engllsh language and
ask for language assistance, an lnterpreter wi 11 be made avai lable at the
heanng. You may have to pay the cost of providing an interpreter. I f you
need language help, you are asked to notlfy the Department invnedlately. You
may ask for an lnterpreter or the issuance of subpenas by app ly ing to the
Department of Alcoholic Beverage Control at the nearest District or 01Vision
Office or to Department Headquarters in Sacramento.
Dated at Sacramento, Callfornia -- February 10, 1992
DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL
By -- Carolyn Roberson
Chlef, Hearing and Legal
(916}445-7063
ABC-I08(8-88) e!Xf:J!J
O~,:1 H
e BEFORE THE e
UEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL
OF THE STATE OF CALIFORNIA
IN THE MATTER OF THE ACCUSATION AGAINST:
Montana Wlne Company, Inc.
Montana W,ne Company
625 Montana Avenue
Santa Mon1ca, CA 90403
FILE 20-228140
REG. 91025999
DECLARATION OF
SERVICE BY MAIL
under the Alcoholic Beverage Control Act.
The undersigned declares:
I am over e1ghteen years of age, and not a party to the wlthln cause; my
buslness address is 1901 Broadway, Sacramento, Callforn1a, 95818. I served
by REGULAR mall a copy of the followlng documents:
NOTICE OF HEARING
on each of the following, by plac1ng same 1n an envelope(s} addressed as
f 011 ows :
Montana Wlne Company, Inc., Montana W1ne Company, 625 Montana Avenue, Santa
Mon1ca, CA 90403
Joshua Kaplan, Attorney at Law, 9171 Wilshire Boulevard, SU1te 430,Beverly
Hllls, CA 90210
Each sa1d envelope was then, on February 10, 1992, sealed and depos1ted In the
Unlted States Mail at Sacramento, Californla, the county 1n which I am employed;
wlth the postage thereon fully prepaid.
I declare under penalty of perJury that the foregolng 1S true and correct.
Executed on February la, 1992, at Sacramento, Callfornla.
~~- &'~~;:
eba Chastain; Declarant
ABC-116(8-87)
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STATEMENT OF OFFICIAL ACTION
PROJECT
NUMBER: Conditional Use Permit 546
LOCATION: 625 Montana Avenue
APPLICANT: Murry Weber
REQUEST: To permit the issuance of a Type-20 Alcohol
License in conjunction with the operation of a
retail wine shop.
PLANNING COMMISSION ACTION
11/2/88 Date.
X Approved based on the following findings and
subject to the conditions below.
Denied.
other.
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 II , in that the C2 zone permits
specialized retail uses, and conditionally permits the
sale of alcohol for off-site consumption.
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 two other establish-
ments with alcohol licenses within a 500 I 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
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area in which the proposed use is to be located, in that
the use is permitted in the C2 zone as a retail 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 be 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 would be oriented
toward the commercial street, away from adjacent residen-
tial properties.
9. The proposed use is consistent with the goals, objectives,
and policies of the General Plan, in that Land Use Element
POlicy 1.7.1 requires that 11 . . . a majority of the ground
floor street frontage on a block by block basis be uti-
lized for neighborhood commercial uses."
10. 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 alcohol license
would mitigate any negative impact on adjacent properties.
lL The proposed use will not result in an overconcentration
of such uses in the immediate vicinity, in that there are
only two other uses with alcohol licenses within a 5001
radius of the site.
ALCOHOL OUTLET FINDINGS
L 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 or parking
congestions will not result; the public health, safety,
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 there would be no
on-site consumption.
3. The welfare of neighborhood residents will not be
adversely affected in that the proposed use would be
oriented toward the commercial street, away from adjacent
residential properties.
4. There will be no detrimental affect on nearby
residentially zoned neighborhoods considering the distance
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. of the alcohol outlet to residential buildings, churches,
schools, hospitals, playgrounds, parks, and other existing
alcohol outlets in that there is only two other alcohol
licenses within a 500' radius of the site and in that the
conditions for approval will minimize the potential affect
on the adjacent residential uses.
CONDITIONS OF APPROVAL
1. The sale of wine shall be limited to bottled wine for off-
site consumption.
2. Plans for signage shall be subject to review and approval
by the Architectural Review Board.
3. Minor amendments to the plans shall be subject to approval
by the Director of Planning. A significant change in the
approved concept shall be subj ect to Planning commission
Review. Construction shall be in conformance with the
plans submitted or as modified by the Planning Commission,
Architectural Review Board or Director of Planning.
4. 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.
5. Ultra-low flow plumbing fixtures are required on all new
development and remodeling where plumbing is to be added.
(Maximum 1.5 gallon toilets and 1.0 gallon urinals and low
flow shower head.)
6. The Plans shall comply with all other provisions of Chap-
ter 1, Article IX of the Municipal Code, ( Zoning Or-
dinance) and all other pertinent ordinances and General
Plan policies of the City of Santa Monica.
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7. This determination shall not become effective for a period
of fourteen days from the date of determination or, if
appealed, until a final determination is made on the
appeal.
VOTE
Ayes: Farivar, Nelson, Lambert, Mechur, Pyne
Nays:
Abstain:
Absent: Kaufman, Hecht
I hereby certify that this statement of Official Action
accurately reflects the final determination of the Planning
Commission of the city of Santa Monica.
signature date
print name and title
PC/stcup546
OM
11/04/88
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STATEMENT OF OFFICIAL ACTION
PROJECT
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 Commission approval of a
Conditional 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 ACTION
3/12/91 Date.
Approved based on the following findings and
subject to the conditions below.
X Denied.
Other.
EXPIRATION DATE(S) OF ANY PER}fITS GRANTED:
3/12/92 CUP 90-074
LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATE(S)
6/12/92 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 l10nica 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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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 public health, safety, 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.
CONDITIONAL USE PERMIT CONDITIONS
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
limited to 14 for the wine tasting classes at any one
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.
8. The applicant shall be on notice that future standard al-
cohol conditions which may be developed shall apply to
this project 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 \vhich 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 condit~ons of approval.
10. The Plans shall comply with all other provisions of Chap-
ter 1, Article IX of the J1unicipal Code, (Zoning Or-
dinance) and all other pertinent ordinances and General
Plan policies of the city of Santa Monica.
ll. Minor amendments to the plans shall be subject to approval
by the Director of Planning. An increase of more than 10%
of the square footage or a significant change in the ap-
proved concept shall be subject to Planning Commission
Review. Construction shall be in conformance with the
plans submitted or as modified by the Planning Commission,
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.
13. 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
16. Ultra-low flow plumbing fixtures are required on all new
development and remodeling where plumbing is to be added.
(Maximum 1.6 gallon toilets and 1.0 gallon urlnals 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, parki!1g or other
actions.
18. 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 wlth the approval of the Department
of General Services.
Valldlty of Permits
19. In the event permittee vlolates 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 transmlttal 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.
ALCOHOL OUTLET CONDITIONS
l. The Santa Monica Police Department shall not be restricted
ln 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. I
Saturday and Sunday I and during supervised wine tasting
classes after 7 p.m. , Monday through Thursday and after 6
p.m. I Saturday and Sunday. Wine tasting classes may be
conducted only outside of regular store operating hours,
due to parking demand.
-<. . 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 operatlon shall occur without
prior approval from the City of Santa Honlca and State
ABC.
7. !linor amendments to the plans shall be subject to approval
by the Director of Planning. An increase of more than 10%
of the square footage or a significant change in the ap-
proved concept shall be subject to Planning Commission
review. Construction shall be in substantial conformance
with the plans submitted or as modified by the Planning
Commissionl Architectural 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 Code, Title 24,
Part 2.
9. Refuse areas, storage areas, and mechanical equipment
shall be screened in accordance with Sec. 9l27J.2-4
(SMMC). Refuse areas shall be of a size adequate to meet
on-site need.
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. 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.
14. 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.
15. This permit shall expire one year from the effective date
of approval unless required ABC permits are obtained. One
three-month extension of the one-year period may be per-
mitted if approved by the Director of Planning.
Prepared by: Susan White, Assistant Planner
VOTE
Ayes: Abdo, Genser, Holbrook, Katz, Olsen, Vazquez, Zane
Nays:
Abstain:
Absent:
NOTICE
If thlS is a final decision not subject to further appeal under
the City of Santa Nonl.ca Comprehensive Land Use and Zoning Or-
dinance, the time within which judiclal 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.
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1. I hereby certify that this Statement of Official Acticn accurate-
ly reflects the final determination of the City Counc~l of the
City of Santa Monica.
'- ~r C I /,-t~.q~/}71I4/ ,/ /~; '1 I;
signatu;e<~" date
Beth Holmes, Ass~stant C~ty 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.
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DECLARATION OF LARRY HORN
March 18, 1992
My name is Larry Horn. I am a Detective with the Santa Monica
Police Department. I have been employed with the Santa Monica
Police Department as a pOlice officer for 13 years. For 2 years
I have been assigned to the Administrative Vice Division of the
Police Department, where my responsibilities have included the
enforcement of alcohol laws within the City of Santa Monica.
In my capacity as an officer assigned to the Vice Division, I am
personally familiar with several incidents involving Montana Wine
Company, located at 625 Montana Avenue in Santa Monica. On one
occasion in November 1991, I observed patrons of Montana Wine
company purchase a bottle of wine at Montana Wine Company, and
consume this wine at the Odeon Bakery, immediately adjacent to
the Wine Company establishment. When I brought this to the
attention of the Montana Wine Company, their representative
denied any involvement, stating "that's the bakery's problem.1f
In another incident, I supervised an underage "decoy" who entered
various establishments in Santa Monica and attempted to purchase
alcohol. One of the establishments at which we conducted
operations was Montana wine Company. On January 19, 1991 the
decoy was instructed to attempt to purchase a bottle of wine at
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Montana Wine. r remained outside the store. The decoy
sucessfully purchased wine, and the individual who sold the wine
to the decoy was then cited by myself. I did not personally know
the person who was cited, although that person later claimed to
me that they knew the officer who had accompanied the decoy.
I understand that Montana Wine Company has applied for approval
of a full off-sale liquor license, allowing the store to sell not
only wine, but a full range of alcohol beverages, including
spirits. As a police officer, I am concerned with approval of a
license of this type~ Based on my experience with the Vice
Division, and before that as a patrol officer, liquor stores are
often "problem" locations where various types of criminal
activity tend to occur. These activities include public
intoxication, driving under the influence, and other illegal
activities. In addition, such locations are often the source of
noise, parking, and traffic complaints from neighboring
residents. Approval of such a license at this location is of
particular concern dUe to its proximity to several schools,
including an elementry school several blocks away on Montana
Avenue, a private high school at Washington and Lincoln, and a
pre-school at 5th and Montana.
~~at the above statements are true and correct.
, March 18, 1992
etecti~e Larry Horn
santa Monica Police Department
Santa Monica, California
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KEMORANDUM
DATE: March 19, 1991
TO: Mayor and City council
FROM: Robert M. Myers, City Attorney
SUBJECT: Montana Wine Company
During last week's city council consideration of a conditional
use permit application for the Montana Wine Company, an issue was
raised concerning a citation issued to an employee of the Montana ,
.
Wine Company for selling alcohol to a minor. The employee who
received the citation was Robert Rognes. During his presentation ,
to the City Council, Mr. Rognes attempted to convey the impression
that the charges against him had been dropped. He testified as
follows:
I want to first address the issue of the
violation. I was the employee who was cited.
The charges were dropped against me when I
informed the Judge that I in fact knew the
police officer. . . .
The true facts are that Mr. Rognes was convicted by plea of
a violation of furnishing alcohol to a minor. He was placed on
summary probation for a period of one year, ordered to obey all
laws, ordered to keep the court informed of his current residence
address during the period of his probation, and ordered to notify
the court if he is arrested or convicted of any crime (other than
a traffic infraction) during the period of his probation.
The Memorandum of Court Order Probation signed by Mr. Roqnes
accompanies this memorandum.
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IN THE MUNICIPAL COURT OF Case Number
________________________ JUDICIAL DISTRICT
COU:-1TY OF LOS ANGELES. STATE OF CALlFORi'\IA
-
CITY OF SAJrITA MONICA o VEHICLE ~~ER
NOTICE TO APPEAR ~ D..~ 318614
DATE1~ I q 199 TTs-zOM rAY m;-. -------~~-------------~-----
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MISCELLANEOUS PURPOSE FORM
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IN THE MUNICIPAL COURT OF SANTA ~ JUDICIAL DISTRICT
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
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THE PEOPLE OF THt STATE OF CALIFORNIA, ) '"3 ;',v J'Q:J
) FIRST
PLAINTIFF, ) AMENDED COMPLAINT
)
vs. ) CASE NO.
)
ROGNES, ROBERT JOHN )
DEFENDANT. )
)
DRt 91-001676 -
COUNT 01
AGAINST DEFENDANTCS): ,
J
ROGNES, :-' -
ROBERT JOHN -
....;
The undersIgned, upon InformatIon and belief, complains that on or
about January 19, 1991, In Sante Monica, Callfornu!I, the Violation of
Section 25658(a) of the ea II for n I a BU!olne!o!o and ProfeSSions Code, e
mu!.demeanor, was committed by the above named defendant(s) who then end
.
there did WIlfully and unlawFully sell, furnish and gIve and cause to be
sold, furnIshed, and gIven, an alcoholiC beverage to persons under the age
of 21 years,
Of)081
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.-...t'
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For purposes of ~ny he~rIng pursu~nt to Penal Code SectIon 991,
there 15 hereby Incorpor~ted Into thIS Complslnt, and each count thereof,
the Arrest and BookIng Report, the CrIme Report} all Supplemental Reports,
and all other offIcIal documents provIded to each defendant In the
above-entItled actIon.
I declare under penalty of perJury under the laws of the State of
CalIfornl~ that the foregOIng IS true and correct. Executed on February
11, 1991 at Santa MonIca, CalIfornHI.
I
O{)iIR~
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