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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 - 1 - 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. - 2 - 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. - 3 - 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. - 4 - 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 - 5 - 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. - 1 - 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. - 2 - 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. - 3 - 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. - 4 - 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 - 5 - 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 - 8 - JAN-23-91 WED 17:42 use PHARMACY SENT BY:@ITY OF SANTA MONICA .23-81 ; 4:27PM; 21338.62" P. 01 2'31434332:# 1 CITY OF SANTA 110NICA CALlFOR~IA z as/er / ~ /O.~ OItVt/) /11~ 'TO..~. P~7Jf r. ~_ _n _ _ _ _ _ __ _ ___ ___ FAX NO. _14 3 ~3'iJ FROM. DEPT,~_'/-"i~.A~n;f ~ - , . ..,. -- - - ~ (j~~ U~ URSON PHon NO. FAX l'lO. . (2l)_L 394.2962 DATE L- .;;\.3-11 ~ ("f ,1 NUMBER OF PAGES INCLUDING COVER ,3 'i/y ~ ~, I~~ - ~ Cu.~ \Sp~ ~.Mt. ~ a.-.L~ .d~ ~.hM: /)--~ m~ Wv~r JAN-23-9~ WED 17:43 use PHARMACY SENT aV,G.ITY OF S~NT~ MONICA tllLZS-91 i 4:Z6PM ; 21~~atllo2~ pftw. ~ p.", J~ Ci~ of .-cJ. f-Z; ~ Santa Monica /J.d../.. . _ ,~/-'j) lfl;.1f" :#A Commun~ 8/'I(j Economic O4lve1opn:enl OepaPllNlnt 'fF- ~J, . JL..J_ PIInnlrc tndZonll'lfl DMIkIn '('v dt<< /: r,w-~ (~'3) 458-8341 '~/4 3- 4 '3 82. t4 t;::J pI- APPEAL FORM P.02 2137434332;. 2 _~I ~ (:>tv) FEE; 1100.00 eale F1lQd _;;:ra t\. ~;>,. I .:; <::t AllC8fvtd bv .". . R8C81p\ No.-- Name ::)-err-'1 Go..~ .. . hldflY.m \... Sf'S7'.tl L~, ,::n:-liL Co~lKl~tr1On.$,f,. R.A-R.B~bU--,,--- Phon. gl~':tg"-5;;1."1 /4..f,j'~~~-'-i-' Please dtsaiblt \t1e projeet and dedslon \() lieappealtd ,c.o f\ rI ,'+ 1 ~ t;l ",_I u~~ P<<I""!'O ; + ~'C -0 -; <I- . -::>on",-s>.a.le,. ta.\C!Ll\';",1 O'-!+-It>+_, Q-,-+- b~S"t16v"l+~U""IG\. Ave A",,,,,.... 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Performance $tandards P.~it decision,: 14 days (SMMC Sact!on " 9112.6) Red~eed Parkini Pe~!t docisions: 14 days (SMMC Section 9133~?) ... . <,-.; , .,' ~1 ' ;1,1.. :"., . 1 .. ," ~ ,I ,~1..,_4 Administrative Approvals (re~ocation thereof only): 7 d~ys (SMMC Sect1on'91H.S) ocean Park Y~rd Raauction Permits: 14 dsys (SkMC Section 91$1.7) ArChitectural Review eoard d~~isionss 10 days (SMMC Section 9514) Lan~Arks Commission decisions I 10 days (SMMC Seo~ion 961~) ~ Conditional Use ~B~it de~ision$= 14 days (SMMC Section 9114.&) ~" f'..,- ", Devalopment Review iermit d.cisionGl 14 days (Se~tion 911S.7) Tentative Map de~l$ion$1 10 days (SMHC Section 9366) -Appeal pe~iods begin on ns~ business day following the deciSion. , :Appeal perlod$ ending on weekends or hOlid~Y8 are extand.d to tbe next busin.ss d_y., Appeals mUst be filed on torms available trom ~lannin9 'n~ Zoning office and be accompanied by appropriah filinq he. See Santll Konica Municipal ,Code fOl: llIore infgrmat!on. 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" '..J!~~k"~~' ~ J-J.8.l: at: Apli18111 D,ad.:l.1MI!i* 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$in~es day follo~in9 the decision. Appeal periodl!l endin~ 01\. weekend. or ho114ay. are ektQnded to the next bumin.as day. APpGa~. ~u~t be fi~.d on torms available from Planning ~nd ionlnq otfiee and be ac~ompanled by appropriate filinq fee. Se. Santa Kon1ca Municipal Code lor lllOre Inform.t1on. k/4ppeal 4. '0" r...... - 01('j1: ba \ t<? +r II ~ WI ~ e.. 4- c..s.+\ "'9 C \ c...s:; -e. ~ lIJ'\' po n. a. Y 5) 0 Ie q -10 O'Z... of w (f'I e" Serve l'\?ec+ I L -h:> a... uc.. I.. I +he.M~ . n 0 + .t5:e. e. ~ , , VJ he> Mo.-I.-.( d. e s.'.91'\ a...+ed drl veer- -:- .selves +0 a... . 0 des'S'r1~f---E.d o(l'"IVe.(- j ~e..re;~ (1 ( ~m4C...r11-- a..Y\ 0 '.. . + h. e 0..6 f-<,J..a.. COf\dl-hon lVi L _ r ^-.f-?.( ~ C fa..{ o..e. T I (:> n. .# J. 5-1- I ~ .::l or V', , "I/- W rf')-- -r<:<. -J J-l . f opera.h at? 1$ In .,Set;.$ID/'l l:\ nOt.< ($_ 0, .."' ~7\.j' _sC Ho<; t. .. w~11 a.r1 d L #~/:€~\7€HeL~ (jec()( fJ1.? J1~N .:::'1-""'''' - -.. 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