Loading...
SR-6-N (42) PCD:SF:DKW:SHK:f:\plan\share\council\stoas\a94008 Council Mtg: December 13,1994 Santa Monica, California 6 DEe 1 3 1991t N 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. 1 DEe 1 3 f99It 6 N -.. 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