City Council Meeting: January 8,
2008
Agenda Item: 6-A
To: Mayor and City Council
From:
Subject: Appeal (07APP008) of Planning
Commission’s approval of Conditional Use Permit (07CUP005) to allow the
off-site and on-site sale and dispensation of alcoholic beverages at a retail
grocery store.
Recommended
Action
Staff
recommends that the City Council deny the appeal and uphold the Planning
Commission’s approval of Conditional Use Permit (07CUP005) to allow the sale
and limited service of alcoholic beverages at a retail grocery store.
Executive
Summary
This report supports the
Planning Commission’s approval of a Conditional Use Permit (CUP) to allow a
retail store with thirty percent or less of the total linear shelf display area
devoted to alcoholic beverages and the dispensation of alcoholic beverages. The
proposed retail grocery store is located within a mixed-use building at
Background
On June 14, 2007, the applicant, In Hwan Kim, applied for a
Conditional Use Permit to allow the off-site and on-site sale and dispensation
of alcoholic beverages (wine only) at a proposed retail grocery store, Goudas
& Vines. A CUP is required in the CM
district for retail stores with thirty percent or less of the total linear
shelf display area devoted to alcoholic beverages.
The Planning Commission reviewed and approved the CUP on September
19, 2007, based on findings that:
·
The proposed use would be compatible with the surrounding
neighborhood;
·
The use would not be detrimental to the public interest, health,
safety, convenience, and general welfare;
·
The use would not result in an over-concentration of similar uses
in the vicinity; and
·
The use would be consistent with the City’s General Plan.
On October 3, 2007, Ramon Gastelumiribe appealed the Planning
Commission’s approval of the CUP.
Discussion
Project Description
The
existing four-story mixed-use development at 2000 Main Street consists of 107
residential units, 11,549 square feet of ground floor commercial space for four
tenants, and three levels of subterranean parking that contain 304 off-street
parking spaces. Goudas & Vines will occupy a 2,710 square foot tenant space
along
The applicant is proposing hours of operation between 8:00 AM
to 11:00 PM daily, with wine tasting limited to three nights a week (Thursday –
Saturday) between 5:30 PM and 11:00 PM.
The wine tasting will be limited to an area that is physically separated
from the remainder of the store on three sides by wine racks and a counter.
Customers will be able to schedule wine tasting appointments ahead of time or
walk-in for wine tasting if openings are available during the designated
tasting hours and days. The applicant is proposing to limit wine tasting
portions to customers to one-ounce servings. Light snacks will also be
available for purchase to accompany the wine tasting. According to the applicant, the store will
not feature any live music, DJ’s, or entertainment
At the September 19, 2007 Planning Commission meeting, public
testimony was presented regarding the local residents’ support for existing
retail grocery and liquor stores along Main Street including Star Liquor and
L&K Market. Many residents expressed
their concerns regarding the potential financial impacts to these existing
establishments and the resulting business competition that could jeopardize the
success of these existing stores. Other
concerns included the over-concentration of alcohol outlets along
Based on all of the information presented, the Planning Commission
voted 4-0 to approve the Conditional
Use Permit and allow the off-site and on-site sale and dispensation of
alcoholic beverages at the proposed retail grocery store. In their
deliberation, the Commission stated that the alcohol sales would be incidental
to the primary use of the retail store and, as conditioned, the proposed retail
store with alcohol sales and limited alcohol service would not create any
negative impacts to the surrounding neighborhood. In addition, the Commission believed that any
potential business competition or economic impacts should not be the basis for
their decision. The following conditions
of approval, among others, would ensure that the proposed primary use remained
a retail store with limited alcohol sales and service:
·
Limiting the total linear shelf display area devoted to alcoholic
beverages to no more than 25.5 percent of the total retail linear shelf display
area;
·
Limiting wine tasting opportunities to Thursday – Saturday between
the hours of 5:30 PM to 11:00 PM;
·
Limiting the amount of wine consumed to one-ounce portions; and
·
Prohibiting the sale of distilled spirits.
Alternatives
In
addition to the recommended action, the City Council could consider the
following with respect to the project if supported by the full evidentiary
records:
1.
Continue the project for specific reasons, consistent with
applicable deadlines and with agreement from the applicant;
2.
Uphold the appeal and reverse the Planning Commission’s decision to
approve the Conditional Use Permit; or
3. Deny the appeal and approve the
project with revised findings and/or conditions of approval.
Appeal Summary
As detailed in the appellant’s statement (Attachment A), the
appellant believes that the proposed retail grocery use with limited alcohol
service and sales will adversely affect the welfare of the neighborhood
residents in a significant manner and that the proposed conditions cannot
successfully mitigate the adverse impact of the proposed use. The appellant states that the alcohol sales
will create an undue concentration of alcohol outlets in the area, and the use
will result in public intoxication, drunk driving, traffic accidents, violent
crime, noise, and nuisance.
Appeal Analysis
Although the appellant contends that the proposed use will result
in a number of negative, immitigable impacts, the appellant does not provide
any direct evidence to explain the correlation between the proposed use and any
potential adverse effects of the use on the neighborhood.
In order to regulate the concentration of similar uses in the
area, the Main Street Commercial district section of the Zoning Ordinance and
the Main Street Specific Plan evaluated limitations for the number of on-sale
alcohol outlets along
The location of Goudas & Vines is on the northern end of
the
The following is a list of the existing alcohol
licenses that are within a 500’ radius of the proposed project:
|
Type
41 (On-Sale Beer and Wine for Public Eating Place) |
|
|
Establishment |
Address |
|
Dhaba Cuisine of |
|
|
Type 47 (On-Sale General for Public
Eating Place) |
|
|
|
|
|
Whist (in the Viceroy Hotel) |
|
|
Catch, formerly Ocean Front (in |
|
|
Le Grande Orange |
|
|
Type 20 (Off-Sale Beer and Wine) |
|
|
L and K Market |
|
|
Type 21 (Off-Sale General) |
|
|
Star Liquor |
|
|
Type
58 ( Caterer Permit) Type
66 (Controlled Access Cabinet Permit) |
|
|
Viceroy Hotel |
|
|
Casa Del Mar Hotel |
|
The proposed use will not result in an over-concentration of
similar uses in the immediate vicinity as the retail store will be located on
Main Street, which is an active part of the City that is frequented often by
local residents as well as office workers, shoppers, and visitors from outside
the City.
The Santa Monica Police
Department was contacted regarding this proposal and expressed their concerns which
are consistent for any business which proposes any level of off-sale alcohol
sales. The Police Department cited the
proximity of three other alcohol outlets with off-sale capability located along
Several of the conditions of
approval in the Planning Commission Statement of Official Action (Attachment B)
are intended to address the Police Department’s concerns regarding the subject
application:
·
Condition No. 2
requires that the store close at 11:00 PM nightly.
·
Condition No. 4 limits
the total linear shelf display area devoted to alcoholic beverages to 25.5
percent of the total shelf display area.
·
Condition No. 11
requires that a security plan be submitted to the Chief of Police
for review and approval prior to final inspection or commencement of alcohol
service. The plan will address both physical and operational security issues.
·
Condition No. 12 requires an employee
alcohol awareness training program.
·
Condition No. 13 requires a designated
driver program.
·
Condition No. 15 prohibits dancing, DJ’s,
or live entertainment.
The addition of a retail store offering
gourmet groceries and fine wines on
Environmental Analysis
An
Environmental Impact Report was adopted and certified in 2002 by the City
Council for the development of the existing four-story mixed-use project.
This request is exempt from the provisions of the California
Environmental Quality Act (CEQA), pursuant to Section 15301 (Class 1), Existing
Facilities, of the State Implementation Guidelines in that the project involves
the interior improvements to a building to establish a retail store with the
sale of wine for consumption off the premises and allow for wine tasting
on-site. The scope of the improvements
will occur within an existing tenant space and involve only minor alterations
with no increase in floor area to the building
Public Outreach
Pursuant to Municipal Code Section 9.04.20.22.050, notice of
the public hearing was mailed to all owners and residential and commercial
tenants of property located within a 500 foot radius of the project and
published in the Santa Monica Daily Press
at least ten consecutive calendar days prior to the hearing.
Financial Impacts &
Budget Actions
The
recommendation presented in this report does not have a budget or fiscal impact.
Prepared by:
|
Approved: |
|
Forwarded to Council: |
|
|
|
|
|
Director, Planning & Community Development |
|
P. City Manager |
Attachments:
A.
Appellant’s
Appeal Statement
B.
Public
Notification & Comment Material (includes published notice, and Correspondence)
C.
Project
Plans
ATTACHMENT A
APPELLANT’S APPEAL STATEMENT
Electronic
version of attachment is not available for review. Document is available for review at the City
Clerk’s office and the libraries.
ATTACHMENT B
PUBLIC NOTIFICATION & COMMENT
MATERIAL
(includes published notice, and
correspondence)
Electronic
version of attachment is not available for review. Document is available for review at the City
Clerk’s office and the libraries.
ATTACHMENT C
PROJECT PLANS
Electronic
version of attachment is not available for review. Document is available for review at the City
Clerk’s office and the libraries.