SR-6-N (42)
PCD:SF:DKW:SHK:f:\plan\share\council\stoas\a94008
Council Mtg: December 13,1994 Santa Monica, California
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DEe 1 3 1991t
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TO: Mayor and city Council
FROM: Clty Staff
SUBJECT: Certlfication of Statement of Official Action for Appeal
of Planning Commission Approval of Conditional Use Permit
94-008 to Allow a Change from a Type-20 (Off-Sale Beer
and Wine) Alcohol License to a Type-21 (Off-Sale General)
Alcohol License in Conjunction with a Wine Store located
at 625 Montana Avenue.
INTRODUCTION
This report transmits for city Council certification the statement
of Official Actlon for the appeal of Conditional Use Permit 94-008
to allow a change from a Type-20 (Off-Sale Beer and Wine) alcohol
license to a Type-21 (Off-Sale General) alcohol license in
conjunction with a wine store at 625 Montana Avenue.
This
applicatlon also included a request to amend Conditional Use Permit
90-074, WhlCh permitted wine tasting, by relocating the wine
tasting from the rear of the flrst floor to the loft area on the
second floor.
On October 11, 1994, the city Council upheld the appeal, reversed
the approval of Planning commisslon, and denied the project based
on the findings contained ln the attached statement of Official
Action.
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DEe 1 3 f99It
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-..
BUDGET/FINANCIAL IMPACT
The recommendation presented in this report does not have any
budget or financial impact.
RECOMMENDATION
It is respectfully recommended that the City Council approve the
attached statement of Official Action.
Prepared by:
D. Kenyon Webster, Planning Manager
Susan Healy Keene, Assistant Planner
Planning and Zoning Divislon
Planning and community Development Department
2
CITY OF SANTA l\IONICA
CITY COUNCIL
STATEMENT OF OFFICIAL
ACTION
PROJECT
NUMBER.
CondItional Use PermIt 94-008
LOCA nON
625 Montana A venue
APPLICANT/
APPELLANT
Robert PLcone
APPELLANTS
Ken Genser
Stephame Barbanell
CASE PLANNER. Susan Healy Keene
CEQA STATUS: Categoncally exempt pursuant to Class 1(21) . of the City
of Santa ~Iomca GULdehnes for the Implementation of
CEQA.
REQUEST Appeal of Planmng CommIssIOn Approval of CUP 94-008
to allow a Change from a Type-20 (Off-Sale Beer and
Wme) Alcohol License to a Type-21 (Off-Sale General)
Alcohol Llcense and to amend CUP 90-074. WhlCh
permltted wme tastmg by relocating the wme tasting from
the rear of the tirst floor to the loft area on the second
floor
CITY COUNCIL ACTION
Date
XX Upheld the appeal. denymg the project. based on the tindmgs below
Demed.
Other.
EFFECTIVE DA TE(S) OF ACTIO:\'(S):
10111/94 Appeal of Condmonal Use Perm1t 94-008
FINDJl';GS
CONDITIONAL USE PERMIT FINDINGS
1 The proposed use may 1mpalr the mtegnty and character of the dlstnct In whIch 1t 1S
to be establIshed or located. In that allowmg the sale of spmts may lead to a greater
Impact on Pohce Department enforcement resources, and that the sue 1S In close
prOXImity to a school
2. There are adequate prov1S1ons for water. samtatIOn and pubhc utilIties. but not
servIces to ensure that the proposed use would not be detnmental to pubhc health and
safety. In that. although the proposed use IS located In an eXlstmg commercial
structure m C2 Dlstnct. and amenltles are on-sue, the loft area IS not accessIble to
disabled people and would not provIde an mtegrated settmg for the Wine tasting
act1vlty.
3. The proposed use may be detrImental to the pubhc Interest. health. safety.
convemence. or general welfare. In that an upgrade from an eXIstmg Type-20 (Off-
Sale Beer & Wme) to a Type 21 (Off-Sale General) alcohol lIcense would Intenslfy
alcohol sales at thiS locatIOn and the loft area IS not accessIble to dIsabled people and
would not prov1de an Integrated setting for the wme tastIng actiVity
ALCOHOL OUTLET FINDINGS
The proposed use and locatIOn are not In accordance with good zomng practice, In the
publIc Interest, and necessary that substantIal Justice be done In that an upgrade from
an eXlstmg Type-20 (Off-Sale Beer & WIne) to a Type 21 (Off-Sale General) alcohol
lIcense for a new retaIl wme store WhICh allows the sale of spmts may lead to greater
Impact on PolIce Department enforcement resources, and that the SIte IS In a close
proXImIty to a school.
2. The proposed use may adversely affect the welfare of neIghborhood reSIdents m a
sIgmficant manner m that an upgrade from Type-20 (Off-Sale Beer & Wme) to a Type
21 (Off-Sale General) alcohol lIcense for a new retaIl wme store whIch allows the sale
of spmts may lead to greater Impact on PolIce Department enforcement resources. and
that the SIte 15 m close proXlffi1ty to a school.
3 The proposed use may detnmentally affect nearby neIghborhoods consIdenng the
distance of the alcohol outlet to res1dentml bUIldmgs, churches, schools. hospitals.
playgrounds. parks. and other eX1stmg alcohol outlets In that an upgrade from a Type-
20 (Off-Sale Beer & Wme) to a Type-21 (Off-Sale General) WIll intenSIfy the use by
permlttmg sales of general spmts as well as beer and wme whIch may lead to a
greater 1mpact on Pollee Department enforcement resources, and that the SIte IS m
close prOXImIty to a school.
4 The publIc health. safety, and general \....elfare are not protected m that although the
project 1S cons1stent w1th the provlSlons of the ZOning Ordmance. WhICh allows
general retaIl uses In the C2. NeIghborhood Commerc1al Dlstnct. the proJect 1S an
mtenslficatlOn of alcohol sales v..'Ithm close prox1mlty to a school and Land Use
Element ObjectiVe 1.2 reqUlres compaubIl1ty between adjacent land uses
VOTE
Ayes: Abdo, Censer, Holbrook. Olsen, Vazquez
Nays Greenberg, Rosensrem
Abstam. None
Absenr None
NOTICE
If thIS IS a final declSlon not subJect to further appeal under the CIty of Santa MOnIca
Comprehensive Land Use and ZOning Orctmance. the time WIthIn Wh1Ch JudIcIal reV1ew 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.
2
I hereby certify that this Statement of Official Action accurately reflects the final
determination of the City Council of the City of Santa :l\1onica.
~.uf~~ /,,7-;1J-<11'
date
Clance E. Dykhouse, City Clerk
I hereby agree to the above conditions of approval and acknowledge that failure to comply
with such conditions shall constitute grounds for potential revocation of the permit
approval.
ApplIcant's SIgnature
Pnnt Name and Title
DKW bz/SHK
f: \plan \share \councIl \stoas\A94008
8/94
3
CITY OF SANTA MO~'ICA
CITY COlJNCIL
STATEMENT OF OFFICIAL
ACTION
PRO,JECT
NUMBER
CondItIonal Use Permit 94-008
LOCATION-
625 Montana A venue
APPLICANTI
APPELLANT _
Robert PIcone
APPELLANTS
Ken Genser
StephanIe Barbanell
CASE PLANNER: Susan Healy Keene
CEQA STATUS: Categoncally exempt pursuant to Class 1(21) , of the CIty
of Santa MOnica GUidelInes for the ImplementatIOn of
CEQA
REQUEST Appeal of Planmng CommISSIon Approval of CUP 94-008
to allow a Change from a Type-20 (Off-Sale Beer and
\Vme) Alcohol License to a Type-21 (Off-Sale General)
Alcohol LIcense and to amend CUP 90-074, whIch
permItted WIne tasttng by relocatmg the wme tastmg from
the rear of the first floor to the loft area on the second
tloor
CITY COUNCIL ACTION
Date
XX Upheld the appeal, denymg the proJect, based on the findmgs below.
Demed
Other.
EFFECTIVE DATE{S) OF ACTIO:'\{S):
10/11/94 Appeal of Condmonal Use PermIt 94-008
FU'\l)[XGS
CONDITIONAL USE PERMIT FINDINGS
1. The proposed use may ImpaIr the Integnty and character of the dlstnct In WhICh It IS
to be establIshed or located. In that allowIng the sale of spmts may lead to a greater
Impact on Police Department enforcement resources, and that the sIte IS In close
proXInuty to a school
2. There are adequate provIsIOns for water, samtatlon and publIc utdltles, but not
servIces to ensure that the proposed use would not be detnmental to publIc health and
safety, In that, although the proposed use IS located m an eXlstmg commercIal
structure III C2 DIStoct, and amemtIes are on-sIte, the loft area IS not accessIble to
dIsabled people and would not provIde an Integrated settmg for the wme tastmg
actl vlty
3 The proposed use may be detnmental to the publIc Interest, health, safety.
convemence. or general welfare, In that an upgrade from an eXIstmg Type-20 (Off-
Sale Beer & Wme) to a Type 21 (Off-Sale General) alcohol lIcense would IntenSIfy
alcohol sales at thIS locatIOn and the loft area IS not accesslble to dlsabled people and
would not provlde an Integrated settmg for the WIlle tastIng actlVlty.
1
ALCOHOL OUTLET FINDINGS
1 The proposed use and locatIOn are not 10 accordance wIth good zomng practIce, In the
publIc mterest, and necessary that substanbal Justice be done 10 that an upgrade from
an eXlsbng Type-20 (Off-Sale Beer & WIne) to a Type 21 (Off-Sale General) alcohol
lIcense for a new retaIl wme store WhICh allows the sale of spmts may lead to greater
Impact on PolIce Department enforcement resources, and that the SIte IS In a close
proXImIty to a school.
2 The proposed use may adversely affect the welfare of neIghborhood reSIdents In a
sIgmficant manner 10 that an upgrade from Type-20 (Off-Sale Beer & Wme) to a Type
21 (Off-Sale General) alcohol lIcense for a new retall wme store WhICh allows the sale
of spints may lead to greater Impact on PolIce Department enforcement resources, and
that the site IS In close proXImIty to a school
3. The proposed use may detrimentally affect nearby neIghborhoods consldenng the
dIstance of the alcohol outlet to reSIdential bmldmgs, churches, schools, hOSPItalS,
playgrounds, parks, and other eXIstIng alcohol outlets In that an upgrade from a Type-
20 (Off-Sale Beer & Wme) to a Type-2l (Off-Sale General) wIll IntensIfy the use by
permItting sales of general spmts as well as beer and WIne WhICh may lead to a
greater Impact on Pohce Department enforcement resources, and that the SIte IS In
close prOXImIty to a school
4. The pubhc health, safety, and general welfare are not protected In that although the
project IS conSIstent WIth the proVISIons of the ZOning OrdInance, WhICh allows
general retaIl uses m the C2. NeIghborhood CommercIal Dlstnct, the project IS an
mtens1ficatlOn of alcohol sales wIthm close prOXImIty to a school and Land Use
Element ObJectIve 1 2 reqUIres cOmpatIbIlIty between adJacent land uses.
VOTE
Ayes: Abdo, Genser, Holbrook, Olsen, Vazquez
Nays: Greenberg, Rosenstein
Abstam' None
Absent: None
NOTICE
If th1S IS a final declSlon not subject to further appeal under the CIty of Santa MOnica
ComprehensIve Land Use and ZOning Ordmance, the tlme WIthm WhICh JudICIal reVIew of thIS
decISIon must be sought IS governed by Code of CIVIl Procedure SectlOn 1094 6, WhICh
provls1on has been adopted by the CIty pursuant to MUniCIpal Code Section 1400
2
I hereby certify that this Statement of Official Action accurately reflects the final
determination of the City Council of the City of Santa l\fonica.
~~~ /"l-:IJ'-9-(
slgnature date
Clance E. Dykhouse, CIty Clerk
I hereby agree to the above conditions of approval and acknowledge that failure to comply
with such conditions shall constitute grounds for potential revocation of the permit
approval.
ApplIcant's SIgnature
Pnnt Name and TItle
DKW'bz/SHK
f' \plan\share\councll\stoas\A94008
8/94
3