SR-031291-7B
LUTM:PB:DKW:SMW
PCjapp074
Council Mtg: March 12, 1991
7-4
MAR 1': :~:;;
Santa Monica, California
76
TO: Mayor and City Council
FROM: City staff
SUBJECT: Appeal of a Planning commission Approval of Conditional
Use Permit 90-074 To Permit Wine-Tasting in conjunction
with Existing Retail Sales of Wine and Wine-Tasting
Classes for the Montana Wine Company at 625 Montana
Avenue in the C2 and R3 zones.
Applicant:
Appellant:
Montana Wine Company
Jerry Bass
INTRODUCTION
An appeal was filed regarding the expansion of privileges to
allow wine-tasting and wine-tasting classes with a Type 42,
On-Sale Beer & Wine for Public Premises alcohol license to the
existing retail sales of wine for the Montana Wine Company at 625
Montana Avenue.
This report recommends that the Council uphold the Planning
Commission's approval of Conditional Use Permit 90-074 with
conditions contained herein and deny the appeal.
BACKGROUND
On January 9, 1991, the Planning Commission approved Conditional
Use Permit 90-074 to allow wine-tasting and wine-tasting classes
on-site in conjunction with retail sales of wine for the Montana
Wine Company located at 625 Montana Avenue and a proposed 1,200
square foot expansion into an existing retail space to the east
7" B
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IiIiR 1 2 Ii;'!
by a vote of 4-2 (Attachment A). An appeal was filed on January
23, 1991 regarding the addition of a Type 42, On-Sale Beer & Wine
alcohol license to allow wine-tasting and wine-tasting classes
(Attachment B) .
Basis of the Appeal
At the Planning Commission meeting of January 9, 1991, the
commission approved the request to allow wine-tasting and
wine-tasting classes with the conditions contained in the
attached Statement of Official Action (Attachment A). The
Planning commission approved the project with the conditions that
advertising or promotion of the wine tasting service shall be
prohibited, classes be held only when retail sales are not in
effect, and with the contingency that Commission may adopt future
alcohol outlet conditions which would be applied to the approval
prior to final building inspection of the loft area.
The appellant's primary concern is the risk to school children
from customer's wine-tasting and driving during regular school
hours (Attachment B). The Santa Monica Police Department also
expressed a concern for the safety of children walking in the
area.
A pre-SChool day care center, two elementary schools and St.
Monica I s Church are located within a 500 I radius of the site.
Roosevelt Elementary at 801 Montana with more than 670 students
is located just outside the 500' site radius.
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The Police Department has also expressed a concern that the
future expansion of wine retail sales in the adjacent space would
increase the possibility of abuse of the wine-tasting privileges.
A representative of the Police Department is recommending that
this aspect be taken into consideration.
The appellant expressed a concern that building permits for
handicap access be obtained prior to granting of alcohol outlet
conditional use permits. A handicap access area for wine-tasting
with ~line retail sales is required for final approval of the
project. The Commission approved the project with a standard
condition that requires compliance with all legal Title 24
requirements for the disabled. The handicap access area for
wine-tasting is also required by the Alcohol Beverage Control
Department (ABC).
The appellant is also concerned with the continuance of
privileges at the site with the issuance of the wine-tasting
alcohol license. The appellant is requesting a specific outline
of the monitoring of the wine-tasting activities with a condition
to require a designated driver program for customers (Attachment
B) .
ANALYSIS
Both the appellant and the Santa Monica Police Department have
expressed a concern that the proximity of the expansion of
alcohol to include wine-tasting services will jeopardize the
safety of pedestrian routes for children.
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Wine-tasting in conjunction with wine retail sales will take
place in an existing loft area for customers 21 years of age and
older (Attachment A). The customer is encouraged to spit out the
wine after each taste. Small pieces of bread only will be served
to cleanse the palate. No other alcohol may be served.
The wine-tasting classes will take place after regular retail
hours and are limited to 14 persons, including the instructor(s),
at anyone time. Staff is recommending a more specific condition
to replace special condition #7 (Attachment A) as follows:
-Wine tasting classes shall be held only after 7 p.m.,
Monday through Saturday and after 6 p.m. on Saturday and
Sunday.
Staff feels that as the nature of the alcohol service will remain
primarily as retail wine sales, the addition of wine-tasting will
not impair the integrity of the C2 Neighborhood Commercial
District. Additionally, on-site consumption in conjunction with
retail wine sales and wine-tasting classes will occur in a
controlled manner mitigating any negative impact on adjacent
properties.
Staff believes that the proposed wine-tasting activity does not
raise the kind of issues or concerns which may be associated with
some other types of alcohol operations, such as bars. Alcohol
abuse is very unlikely to occur in thi~ setting, particularly as
compared to other types of alcohol outlets, which there are a
number of on Montana. Therefore, staff is recommending that the
Commission's approval be sustained.
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BUDGET/FINANCIAL IMPACT
The recommendation presented in this report does not have any
budget or fiscal impact impacts.
RECOMMENDATION
It is respectfully recommended that the Council deny the appeal
and uphold the Planning Commission's approval of Conditional Use
Permit 90-074 with the findings and conditions contained in the
January 9, 1991 Planning Commission statement of Official Action
with the deletion of special condition #7 (Attachment A) and with
the new condition stated below.
7. Wine tasting classes shall be held only after 7 p. m. ,
Monday through Saturday and after 6 p.m. on Saturday and
Sunday.
Prepared by: D. Kenyon Webster, Principal Planner
Susan Marie White, Assistant Planner
Planning Division
Land Use and Transportation Management Department
ATTACHMENTS
A. Statement of Official Action dated 1/9/91
B. Appeal Form dated 1/23/91
C. site Photographs
D. Plot Plan, Floor Plan and Elevation
SMW
PC/app074
02/28/91
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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: Application for a Conditional Use Permit to
allow wine tasting and wine tasting classes
on-site in conjunction 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.
PLANNING COMMISSION ACTION
1/9/91
Date.
x
Approved based on the following findings and
subject to the conditions below.
Denied.
Other.
EFFECTIVE DATE(S) OF ACTION(S) IF NOT APPEALED:
1/23/91
CUP 90-074
EXPIRATION DATE(S) OF ANY PERMITS GRANTED:
1/23/92
CUP 90-074
LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATE(S)
4/23/92
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 Monica 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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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 with existing and
permissible land uses within the district and the general
area in which the proposed use is to be located, in that
the 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 the proposed
use would not be detrimental to pUblic health and safety,
in that the use would take place 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 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 "... 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.
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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 within the
designated loft area in conjunction with retail sales of
wine and shall not exceed approved business hours.
3. only persons 21 years of age and older are permitted in
the wine tasting area.
4. A~tivity in the wine tasting area is limited to serving of
w~ne 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.
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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 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.
8. The applicant shall be on notice that future standard al-
cohol conditions which may be developed, such as requiring
a designated driver program, shall apply to this project
if the conditions are instituted prior to final building
inspection of the loft area.
Plans
9. This approval is for those plans dated November 21, 1990
a copy of which 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 conditions of approval.
10. 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.
11. 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
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.
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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 urinals 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, parking 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 with the approval of the Department
of General Services.
validity of Permits
19. In the event permittee violates 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 transmittal 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
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.
21. 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 ap-
peal. Any appeal must be made in the form required by the
Zoning Administrator. The approval of this permit shall
expire one year from the permit's effective date, unless
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the relevant building permit, 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
1. The Santa Monica Police Department shall not be restricted
in access to the upper level loft area used for wine-
tasting.
2. No persons under 21 years of age shall be allowed in the
wine tasting room 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 only during
the hours of 11:00 a.m. to 7:00 p.m. Monday through Satur-
day and from 11:00 a.m. to 6:00 p.m. on Sunday and during
supervised wine tasting classes. Wine tasting classes may
be conducted only outside of regular hours, due to parking
demand.
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 operation shall occur without
prior approval from the city of Santa Monica and State
ABC.
7. 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 subj ect 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
Planning.
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
shall be screened in accordance
(SMMC). Refuse areas shall be of a
on-site need.
mechanical equipment
with Sec. 9l27J.2-4
size adequate to meet
10. The operation shall at all times be conducted in a manner
not detrimental to surrounding properties or residents by
- 6 -
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
of approval unless required ABC permits are obtained.
three-month extension of the one-year period may be
mitted if approved by the Director of Planning.
date
One
per-
Prepared by: Susan white, Assistant Planner
VOTE
Ayes:
Nays:
Abstain:
Absent:
Kaufman, Mechur, Pyne, Rosenstein
Nelson, Polhemus
Morales
NOTICE
If this is a final decision not SUbject to further appeal under
the city of Santa Monica Comprehensive Land Use and Zoning Or-
dinance, the time within which judicial review of this decision
must be sought is governed by Code of civil Procedure section
1094.6, which provision has been adopted by the city pursuant to
Municipal Code Section 1400.
I hereby oertify that this statement of Offioial Action accurate-
ly reflects the final determination of the Planning Commission of
the city of Santa Monica.
signature
date
- 7 -
Ralph Mechur, Chairperson
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.
Applicant's Signature
Print Name and Title
PCjo625
DKW: SMW
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JAN-23-91 WED 17:42 use PHARMACY
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Lan~Arks Commission decisions I 10 days (SMMC Seo~ion 961~)
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variance ~~ei5ional 14 ~OY8 (SHKC Section 9113.6)
Ho=e Occupation decisions: 1. daya (SKMC SectiQn 9110.6)
Tenporary Cae Pe~1t decisions involving project. baYing span ot
45 d$ya or ~ore; 1 da~$ (SNMC S.Qt1o~ ~11~.7)
Performance standards Pe~it dec1$!ons: 14 ~ays (s~ Section
9112.6)
R<:>duced p>J.rldn.g P.a~1t decb10mu 14 da.ys (SHKC Section 91:)3.7)
AdministratiVG Ap~rovals (revocation the~go( only): 1 days (SMMC
Seetlon 9~34.5)
Oce~n Park Yard Reduction Permits: 14 day, (SMHC Section 9151.1)
Architectural Review Board d,ecisiQlIel 10 days (SlOte Section
9514)
tandmark~ Co~i$sion decl_lonsl 10 day. (SMMC,Section 9613)
--...3po> Conditional Use Permit decis;1onBI 16 4a)'u (~Hl(C section 911.4.1n
Dev@lopmAnt a~view p~rmit deei&ionsr 14 days (Section 9115.')
Tentative Map deoisionsl 10 daya (SMMC Section 9366)
ftAp~al ~riod$ be~in 0" n~~t bU$in~es day follo~in9 the
decision. Appeal periodl!l endin~ 01\. weekend. or ho114ay. are
ektQnded to the next bumin.as day. APpGa~. ~u~t be fi~.d on
torms available from Planning ~nd ionlnq otfiee and be
ac~ompanled by appropriate filinq fee. Se. Santa Kon1ca
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