Planning Commission Report
Planning Commission Meeting: November 6, 2019 Agenda Item: 8-A
To: Planning Commission From: Cary Fukui, Associate Planner Subject: Conditional Use Permit (19ENT-0315) to allow a Type 86 (Instructional Tasting License) ABC license for the instructional tasting of alcoholic beverages at an existing grocery store (Pavilions) with a Type 21 (Off-Sale General) alcohol license.
Address: 820 Montana Ave. Applicant: Albertsons/Vons/Pavilions
Recommended Action It is recommended that the Planning Commission take the following actions subject to findings and conditions contained in Attachment B:
1. Approve application 19ENT-0315 2. Adopt the Statement of Official Action
Executive Summary The applicant requests approval of a Conditional Use Permit for a Type 86 (Instructional Tasting) Alcoholic Beverage Control (ABC) license to allow the instructional tasting of alcoholic beverages at an existing grocery store (Pavilions) with a Type 21 (Off-Sale General) alcohol license. The grocery store is authorized to sell alcohol at this location pursuant to Alcohol Determination AV0086 approved in 1994. A Conditional Use Permit (CUP) is necessary for the proposal according to Section 9.31.040(B) of the Zoning Ordinance, which requires a CUP for the dispensation of alcoholic beverages for on-site or off-site consumption.
A Type 86 (Instructional Tasting) ABC license allows tastings for instructional services that are intended to educate customers on the alcoholic beverages sold on the premises. The issuance of a Type 86 license comes with a standard set of conditions and standards from the ABC regulating the instructional tasting event to minimize its impacts and ensure that its instructional intent is maintained.
The existing grocery store operates from 5:30 a.m. – 12:00 a.m., seven days a week. The proposed instructional tastings would be ancillary to the primary grocery store use and would occur between 12:00 p.m. and 8:00 p.m. on Thursdays and Fridays and between 11:00 a.m. and 7:00 p.m. Saturdays and Sundays, as permitted by the ABC.
1 Tastings will be scheduled in four hour blocks, with one per day (as allowed by ABC). The tastings will take place in a space of 100 square feet that shall be secured with temporary stanchions defining the space and clear signage that tastings are only available to customers 21 years of age or older. Sampling agents will verify identifications to confirm customers are aged 21 and over and will monitor the quantity being served.
The following issues should be considered by the Planning Commission in its review of the proposed project and are addressed in this report:
The compatibility of the proposed instructional tasting events on the premise with the surrounding neighborhood. The effectiveness of the recommended conditions of approval in minimizing any potential alcohol-related adverse impacts on the surrounding neighborhood relating to the proposed Type 86 alcohol license.
Project / Site Information The following table provides a brief summary of the project location. Additional information regarding the project’s compliance with applicable municipal regulations and the General Plan is available in Attachment A.
Project and Site Information Table
Zoning District: NC (Neighborhood Site Location Map Commercial) and R2 (Low Density Residential)
Land Use Element Neighborhood Designation: Commercial and Low Density Housing
Parcel Area (SF): 37,500 SF (250’X150’)
Parcel Dimensions: Rectangular
Existing On-Site 24,661 SF Commercial Improvements Building (1964). (Year Built):
Rent Control Exempt – Commercial Status: 820 Montana Avenue
Adjacent Zoning North – PL / School Districts and Land East – NC / Bank Uses: South – R2 / Residential West – NC / Office
The subject property is located at the southwest corner of Montana Avenue and 9th Street in the NC (Neighborhood Commercial) and R2 (Low Density Residential) zoning districts. The subject site is 37,500 square feet in size and is developed with a 24,661 square-foot
2 commercial building and surface parking area for the associated existing grocery store use.
Environmental Analysis 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 request for a Type 86 (Instructional Tasting) ABC license for an existing grocery store with a Type 21 (Off-Sale General) alcohol license. There is no proposed addition to the existing structure and there will be no intensification of the existing use as a result of the proposed instructional tastings.
Background This site was developed as a 17,525.22 square foot grocery market (Safeway) and adjoining parking lot in 1964 (building permit B34053).
A 7,000 square foot addition was built in 1976 to the grocery market (building permit B48547).
An Alcohol Determination (AV0086) was issued to the grocery market at this site in 1994 for Type 21 (Off-Sale General).
Project Analysis The applicant requests approval of a Conditional Use Permit for a Type 86 (Instructional Tasting) Alcoholic Beverage Control (ABC) license to allow instructional tastings of alcoholic beverages to its customers as part of the operation of an existing grocery store (Pavilions) with an existing Type 21 (Off-Sale General) ABC license, case number AV0086 approved in 1994. According to Section 9.31.040(B) of the Zoning Ordinance, a Conditional Use Permit is required for the dispensation of alcoholic beverages for on-site or off-site consumption, unless otherwise exempted pursuant to the provisions of Sections 9.31.040(D) and 9.31.040(E) of the Zoning Ordinance. As proposed, the request to allow instructional tastings of alcoholic beverages does not satisfy the standards for the aforementioned provisions for an exemption and requires the Planning Commission’s approval of a Conditional Use Permit.
The existing grocery store has operated at the subject location since 1964, when it was a Safeway. The store currently offers a typical line of supermarket grocery items including the off-site sale of beer, wine, and distilled spirits. The proposed instructional tastings would occur in four-hour blocks between 12:00 p.m. and 8:00 p.m on Thursdays and Fridays and between 11:00 a.m. and 7:00 p.m. Saturdays and Sundays in a 100 square foot space.
Albertsons/VONS/Pavilions has implemented instructional tastings in many of its stores in other communities statewide. The instructional tastings would operate consistent with
3 the requirements of the ABC in that there will be no cost to customers and quantities will be limited according to ABC regulations.
Type 86 ABC License Assembly Bill 605 was passed by the State of California and became effective on January 1, 2011. The Bill created Section 23396.6 of the California Business and Professions Code, which provides for the Type 86 (Instructional Tasting) ABC license to be issued to holders of, and premises of, a Type 20 or Type 21 license, and authorizes the tasting of alcoholic beverages sold from the off-sale premises on a limited basis. The purpose of the allowed tastings is for instructional services intended to educate the customer on the alcoholic beverages sold on the premises. The issuance of a Type 86 license comes with a standard set of conditions and standards from the ABC regulating the instructional tasting event to minimize its impacts and ensure that its instructional intent is maintained. Some examples of the conditions and standards in the State law are as follows:
• The instructional tasting event shall only be conducted by an ‘authorized licensee’ (e.g. winegrower, alcoholic beverage manufacturer, distributor, wholesaler) at the location of the retailer that holds a Type 20 or Type 21 off-sale alcohol license. The retailer shall not conduct the event on its own; • Only one instructional tasting event may occur on the premises per day; • There shall be no charge for the tastings at an instructional event; • Unless otherwise restricted, instructional tasting events shall only be held between the hours of 10 a.m. and 9 p.m.; • The instructional tasting event shall be separated from the remainder of the off-sale licensed premises by a wall, rope, cable, or other similar type barrier and prominent signage shall be posted prohibiting persons under 21 years of age from entering the area; • A maximum of ¾ oz of spirits, 3 oz of wine, and 8 oz of beer may be dispensed by person; • The license holder shall not permit any consumer to leave the instructional tasting area with an open container of alcohol; • A person under 21 years of age shall not serve, or be served wine, beer, or distilled spirits at the instructional tasting event.
The Pavilions grocery store where the Type 86 license is sought has had an active Type 21 (Off-Sale General) ABC license for 25 years at this location. As such, it meets the minimum qualifications established by the ABC for the issuance of a Type 86 (Instructional Tasting) ABC license. Furthermore, the ABC has determined that a finding of public convenience or necessity is not required for a Type 86 (Instructional Tasting) ABC license due to the fact that its issuance is tied to an existing alcohol license. Its required association with an existing alcohol license supports the statute’s intent to keep instructional tasting events incidental to the primary use. Pavilions’s proposal for a Type
4 86 license when operated in compliance with the requirements of the statute achieve the goal to ensure the instructional tasting events are an ancillary component to the grocery store use and a complementary aspect to its existing retail and off-site alcohol sales.
Neighborhood Compatibility & Hours of Alcohol Service The existing grocery store operates from 5:30 a.m. to 12:00 a.m., seven days a week. As detailed previously, the existing grocery store on the subject site has a Type 21 (Off-Sale General) ABC license for the off-site sale of beer, wine, and distilled spirits that is authorized as part of an alcohol determination issued in 1994. As part of this CUP application for a Type 86 (Instructional Tasting) ABC license, the applicant requests to conduct the instructional tasting events between the hours of 12:00 p.m. and 8:00 p.m on Thursdays and Fridays and between 11:00 a.m. and 7:00 p.m. Saturdays and Sundays, which is consistent with the minimum requirements established by the ABC.
The proposed hours of operation associated with the instructional tasting events are appropriate since the tastings are an incidental component of the primary grocery store use. The proposed 100 square-foot area for the instructional tastings would occupy a small portion of the overall 15,433 square-foot sales area of the building.
The subject site is located within the commercial area of Montana Avenue with commercial buildings to the east and west. There are a total of 401 residential units located within a 500-foot radius. Roosevelt Elementary School is located to the north. The instructional tasting events would be compatible with other uses in the area in that the events will be an ancillary component of the primary grocery store use, will be unobservable from the exterior of the building, will not present any significant intensification to the existing grocery store use, and will not result in any adverse impacts to the existing use or the surrounding area when operated in conjunction with the conditions of approval and ABC standards.
To ensure that the primary use remains a grocery store use, and that the instructional tasting events remain incidental to the primary use, staff recommends the following conditions of approval:
Condition #1 limits the size of the instructional tasting area to a maximum of (100 square feet); Condition #2 limits instructional tastings to customers of 21 years of age or older; Condition #3 requires that the operator and possessor of the Type 86 ABC license shall meet all applicable code and operational requirements set forth in the California Business and Professions Code Sections 23396.6 and 25503.55; Condition #4 limits instructional tasting events to no more than one event per day and limited to no more than a four-hour block between the hours of 12:00 p.m. and 8:00 p.m on Thursdays and Fridays and between 11:00 a.m. and 7:00 p.m. Saturdays and Sundays.;
5 Condition #5 prohibits any consumer from leaving the instructional tasting area with an open container of alcohol; Condition #6 prohibits signs advertising brands and types of alcoholic beverages to be visible from the exterior of the premises.
As conditioned, the proposed instructional tastings would be remain an incidental component of the grocery store use and will be compatible with the surrounding uses. The site is located across the street from the Roosevelt Elementary School. The requested Type 86 (Instructional Tasting) ABC license will not adversely impact the existing sensitive uses in the area identified above because the primary use of the grocery store will not change as a result of the temporary and occasional instructional tasting events. Additionally, when operated consistent with the recommended conditions of approval and the mandatory requirements of the State of California Alcoholic Beverage Control, the instructional tasting events will be an ancillary component of the grocery store use that will be unnoticeable from the exterior of the structure.
Community and Cultural Services Department | Police Department Comments The Community and Cultural Services and Police Departments have been notified of the project and both departments do not have comments or objections to the request for alcohol as proposed by the applicant.
Community Outreach The Wilshire/Montana Neighborhood Council, North of Montana Association, and Santa Monica-Malibu United School District were notified of the project and did not have comments or objections to the request for instructional tasting events proposed by the applicant.
Conformance with Land Use and Circulation Element (LUCE) The subject site is designated as Neighborhood Commercial in the City’s Land Use and Circulation Element (LUCE), which envisions a small-scale neighborhood shopping district located within walking distance of residential neighborhoods. Montana Avenue is described as containing upscale stores and restaurants in an attractive pedestrian environment. One goal for the Montana Avenue District is to preserve and balance uses that allow the district to provide for the daily shopping and service needs within walking distance of the West Wilshire and North of Montana neighborhoods, while also functioning as a regional retail destination. A second goal is to protect and enhance the high-quality, pedestrian-oriented environment of Montana Avenue. The third goal is to ensure that new and remodeled buildings on Montana Avenue are compatible in scale and character with existing buildings and the surrounding neighborhood.
The proposed Type 86 (Instructional Tasting) ABC license does not involve any new development. Nevertheless, the existing grocery store is a valuable use that provides a needed service to the surrounding residential and office uses in the neighborhood, as reflected in the following Citywide policies.
6 Policy LU4.2 – Encourage uses that meet daily needs such as grocery stores, local-serving restaurants and other businesses and activities within walking distance of residences.
Policy N3.1 – Encourage commercial uses that provide goods and service to support daily life within walking distance of neighborhoods.
The proposed request would achieve the aforementioned policies in encouraging the retention of an existing grocery store by allowing it to expand its services and offerings to its customers in a manner that is consistent with other similar types of uses, and is consistent with statewide and local regulations.
Alternative Actions: In addition to the recommended action, the Planning Commission could consider the following with respect to the project:
A1. Continue the project for specific reasons consistent with applicable deadlines and with agreement from the applicant; A2. Articulate revised findings and/or conditions to Deny, with or without prejudice, the subject application.
Conclusion The applicant requests approval of a CUP to allow a Type 86 (Instructional Tasting) ABC license in conjunction with an existing grocery store (Pavilions) with a Type 21 (Off-Sale General) ABC license. The proposed instructional tastings would occur between 12:00 p.m. and 8:00 p.m on Thursdays and Fridays and between 11:00 a.m. and 7:00 p.m. Saturdays and Sundays in a tasting area measuring 100 square feet. Instructional tasting events are temporary in nature and are incidental to the primary use as a grocery store. As such, the primary use of the establishment as a grocery store would not be modified as a result of the introduction of a Type 86 (Instructional Tasting) ABC license. There would be no observable differences to the use from beyond its structure and would not create any adverse impacts to the surrounding neighborhood when operated consistent with the recommended conditions of approval and the requirements of the State of California Department of Alcoholic Beverage Control.
Prepared by: Cary Fukui, Associate Planner
Attachments A. General Plan and Municipal Code Compliance B. Draft Statement of Official Action C. Public Notification D. Floor Plans & Photographs
7
ATTACHMENT A GENERAL PLAN AND MUNICIPAL CODE COMPLIANCE WORKSHEET
Project Location and Permit Processing Time Limits Project Address: 820 Montana Avenue Application Filing Date: August 22, 2019 CEQA Deadline: September 22, 2019 PSA Deadline: November 22, without extension Total Process Review Time (Days): 60 days
General Plan and Municipal Code Compliance Worksheet
LAND USE CATEGORY ELEMENT MUNICIPAL CODE PROJECT
Permitted Use N/A Uses selling or dispensing Applicant requests a alcoholic beverages require a Conditional Use Permit Conditional Use Permit. for a Type 86 (Instructional Tasting) ABC license for the
instructional tasting of [Section 9.31.040(B)] alcoholic beverages at an existing grocery store (Pavilions) with a Type 21 (Off-Sale General) alcohol license.
8 Attachment A General Plan & Municipal Code Compliance Worksheet
ATTACHMENT B DRAFT STATEMENT OF OFFICIAL ACTION
City of Santa Monica City Planning Division
PLANNING COMMISSION STATEMENT OF OFFICIAL ACTION
PROJECT INFORMATION
CASE NUMBER: Conditional Use Permit 19ENT-0315
LOCATION: 820 Montana Avenue
APPLICANT: Albertsons/Vons/Pavilions
PROPERTY OWNER: Riviera Bay Development Corporation
CASE PLANNER: Cary Fukui, Associate Planner
REQUEST: Conditional Use Permit 19ENT-0315 to allow the instructional tasting of beer, wine, and distilled spirits (ABC License Type 86), in conjunction with the operation of an existing grocery store (Pavilions) with a Type 21 (Off-Sale General) ABC license.
CEQA STATUS: 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 issuance of a Type 86 alcohol license allowing instructional tastings to customers of an existing grocery store. There is no proposed addition to the existing structure and there will be no intensification of the existing use as a result of the proposed instructional tastings.
9 Attachment B Draft Statement of Official Action
PLANNING COMMISSION ACTION
November 6, 2019 Determination Date Approved based on the following findings and subject to the conditions below. Denied. Other:
EFFECTIVE DATES OF ACTIONS IF November 20, 2019 NOT APPEALED: EXPIRATION DATE OF ANY PERMITS November 20, 2021 GRANTED: LENGTH OF ANY POSSIBLE 6 months EXTENSION OF EXPIRATION DATES*:
* Any request for an extension of the expiration date must be received in the City Planning Division prior to expiration of this permit.
Each and all of the findings and determinations are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the Project. All summaries of information contained herein or in the findings are based on the substantial evidence in the record. The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact.
FINDINGS:
CONDITIONAL USE PERMIT FINDINGS
1. The proposed use is one conditionally allowed within the applicable Zoning District and complies with all other applicable provisions of the Zoning Ordinance and all other titles of the Municipal Code in that an alcohol license for the sale or dispensation of alcohol is conditionally permitted citywide, pursuant to Section 9.31.040(B) of the Zoning Ordinance, unless otherwise exempted pursuant to the provisions of Sections 9.31.040(D) and 9.31.040(E) of the Zoning Ordinance.
2. The proposed use is consistent with the General Plan and any applicable specific plan in that the proposal encourages the retention of an existing grocery store by allowing it to expand its services and offerings to its customers in a manner that is consistent with other similar types of uses, and is consistent with statewide and local regulations. More specifically, the proposal is consistent with Policy LU4.2, which encourages uses that meet daily needs such as grocery stores, local-serving restaurants and other businesses and activities within walking distance of residences. Additionally, Policy N3.2 encourages commercial uses that provide goods and service to support daily life within walking distance of neighborhoods.
3. The subject parcel is physically suitable for the type of land use being proposed.
10 Attachment B Draft Statement of Official Action
The grocery store is authorized to sell alcohol at this location since 1994 pursuant to Alcohol Determination AV0086. The existing grocery store has operated at this location for 55 years and all the necessary infrastructure is in place to accommodate its operation. The introduction of instructional tastings would not intensify or significantly alter the grocery store operation as it currently exists. There would be no observable differences to the use from beyond its structure and would not create any adverse impacts to the surrounding neighborhood when operated consistent with the recommended conditions of approval and the requirements of the State of California Department of Alcoholic Beverage Control. The proposed instructional tasting events are temporary in nature and are incidental to the primary use as a grocery store.
4. The proposed use is compatible with any of the land uses presently on the subject parcel if the land uses are to remain. The grocery store is authorized to sell alcohol at this location pursuant to Alcohol Determination AV0086 approved in 1994. The existing grocery store has operated at this location for 55 years and will continue to operate in the same fashion as it currently exists. There are no other uses on the subject parcel, but the proposed introduction of instructional tastings would not intensify or significantly alter the existing grocery store operation and it will continue to provide a service to the surrounding neighborhood in a compatible manner. There would be no observable differences to the use from beyond its structure and would not create any adverse impacts to the surrounding neighborhood when operated consistent with the recommended conditions of approval and the requirements of the State of California Department of Alcoholic Beverage Control. The proposed instructional tasting events are temporary in nature and are incidental to the primary use as a grocery store.
5. The proposed use is compatible with the existing and permissible land uses within the District and the general area in which the proposed use is to be located which may include but not be limited to size, intensity, hours of operation, number of employees, or the nature of the operation. The grocery store is authorized to sell alcohol at this location pursuant to Alcohol Determination AV0086 approved in 1994. The existing grocery store has operated at this location for 55 years and will continue to operate in the same fashion as it currently exists. The proposed introduction of instructional tastings does not involve any new square footage or building volume. There would be no observable differences to the use from beyond its structure and would not create any adverse impacts to the surrounding neighborhood when operated consistent with the recommended conditions of approval and the requirements of the State of California Department of Alcoholic Beverage Control, which include limiting the hours in which the instructional tastings may occur. Lastly, the instructional tastings are temporary, occasional events that will be hosted by an ‘authorized licensee’ (e.g. winegrower, alcoholic beverage manufacturer, distributor, wholesaler), and a negligible increase to the number of existing employees will occur during the instructional tasting events due to the staff required to conduct the events.
11 Attachment B Draft Statement of Official Action
6. The physical location or placement of the use on the site is compatible with and relates harmoniously to the surrounding neighborhood. The existing grocery store has operated at this location for 55 years and will continue to operate in the same fashion as it currently exists. The proposed introduction of instructional tastings does not involve any new square footage or building volume. There would be no observable differences to the use from beyond its structure and would not create any adverse impacts to the surrounding neighborhood when operated consistent with the recommended conditions of approval and the requirements of the State of California Department of Alcoholic Beverage Control. As such, the existing grocery store will remain compatible with the surrounding neighborhood and will continue to provide a service to the surrounding residential and commercial uses.
7. Based on environmental review, the proposed project has no potentially significant environmental impacts or any potentially significant environmental impacts have been reduced to less than significant levels because of mitigation measures incorporated in the project or a Statement of Overriding Considerations has been adopted. The request to introduce a Type 86 (Instructional Tasting) ABC License to allow the instructional tasting of alcoholic beverages at an existing grocery store (Pavilions) with a Type 21 (Off-Sale General) alcohol license 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. There is no proposed addition to the existing structure or use, and there will be no intensification of the existing use as a result of the proposed instructional tastings within the existing grocery store.
8. The proposed use and related project features would not be detrimental to the public interest, health, safety, convenience, or general welfare. The grocery store is authorized to sell alcohol at this location pursuant to Alcohol Determination AV0086 approved in 1994. The existing grocery store has operated at this location for 55 years with no problems or detriment to the public interest, health, safety, convenience, or general welfare. The introduction of a Type 86 (Instructional Tasting) ABC license is an incidental component to the primary grocery store use, and it will continue to operate in the same fashion as it currently exists. The proposed introduction of instructional tastings does not involve any new square footage or building volume. There would be no observable differences to the use from beyond its structure and would not create any adverse impacts to the surrounding neighborhood when operated consistent with the recommended conditions of approval and the requirements of the State of California Department of Alcoholic Beverage Control.
ALCOHOL OUTLET FINDINGS
1. The proposed alcohol tastings will not adversely affect the welfare of neighborhood residents in a significant manner. The primary use of the site is a grocery store with the ancillary off-site sale of beer, wine, and distilled spirits. The introduction of a Type 86 (Instructional Tasting) ABC license to allow the instructional tasting 12 Attachment B Draft Statement of Official Action
of alcoholic beverages for sale would be an additional ancillary use of the primary grocery store use. The instructional tasting events would occur in a 100 square- foot area that is defined with a temporary barrier and signage. The events would be limited to specific hours and additional other requirements such as restricting size/quantity of servings, age of customers served, and prohibiting more than one instructional tasting event per day. The existing grocery store has operated at this location for 55 years with no adverse impacts to the surrounding neighborhood. The introduction of the ancillary Type 86 (Instructional Tasting) ABC license will not alter the existing grocery store’s operation. There would be no observable differences to the use from beyond its structure and would not create any adverse impacts to the surrounding neighborhood when operated consistent with the recommended conditions of approval and the requirements of the State of California Department of Alcoholic Beverage Control.
2. The proposed alcohol tastings will not contribute to an undue concentration of alcohol outlets in the area. There are three other alcohol outlets within a 500-foot radius of the subject site:
Andrew’s Cheese Shop (728 Montana Ave) has a Type 20 (Off-Sale Beer and Wine) ABC license that authorizes the sale of beer and wine for consumption off the premises where sold. Café Luxxe (925 Montana Ave) has a Type 20 (Off-Sale Beer and Wine) ABC license that authorizes the sale of beer and wine for consumption off the premises where sold. Rosti (931 Montana Ave) has a Type 41 (On-Sale Beer and Wine – Eating Place) that authorizes the sale of beer and wine for consumption on or off the premises where sold as part of a bona fide eating place.
The proposed Type 86 (Instructional Tasting) ABC license is only issued to operators with an active Type 20 (Off-Sale Beer & Wine) or Type 21 (Off-Sale General) ABC license. In this case, the existing grocery store possesses a Type 21 (Off-Sale General) ABC license and the number of alcohol outlets in the area will not increase as a result of the proposed Type 86 (Instructional Tasting) ABC license for the use. Furthermore, the ABC has determined that a finding of public convenience or necessity is not required for a Type 86 (Instructional Tasting) license due to the fact that its issuance is tied to an existing license. Its required association with an existing alcohol license ensures that the instructional tasting events remain incidental to the primary use.
3. The proposed alcohol tastings will not detrimentally affect nearby neighborhoods, considering the distance of the alcohol outlet to residential buildings, churches, schools, hospitals, playgrounds, parks, and other existing alcohol outlets. The subject site is located within a 500-foot radius of Roosevelt Elementary School and 401 residential units. There are no churches or parks located within a 500-foot radius of the site. The requested Type 86 (Instructional Tasting) ABC license will not adversely impact the existing sensitive uses in the area identified above because the primary use of the grocery store not change as a result of the 13 Attachment B Draft Statement of Official Action
temporary and occasional instructional tasting events. Additionally, when operated consistent with the recommended conditions of approval and the mandatory requirements of the State of California Alcoholic Beverage Control, the instructional tasting events will be an ancillary component of the grocery store use that will be unnoticeable from the exterior of the structure.
4. The tastings of alcohol will not increase traffic congestion or generate a demand for parking that will adversely affect surrounding businesses and residents in that the proposed instructional tasting events will provide an ancillary amenity to customers who are visiting the use for its primary service as a grocery store. The addition of instructional tasting events will not result in a significant increase of patrons, in and of itself, and therefore will not generate an increased traffic or parking demand that would adversely affect surrounding businesses and residents.
CONDITIONS OF APPROVAL:
PLANNING AND COMMUNITY DEVELOPMENT
Project Specific Conditions
1. This approval is for a Type 86 (Instructional Tasting) ABC license only. Any request to modify this license type shall require approval from the Planning Commission.
2. The area where the instructional tasting events are held shall be within the existing grocery store aisle where alcoholic beverages are displayed, as shown on the approved floor plan, and shall not exceed a maximum area of 100 square feet.
3. Instructional tastings shall only be provided to customers 21 years of age or older.
4. The operator and possessor of the Type 86 ABC license shall meet all applicable code and operational requirements set forth in the California Business and Professions Code Sections 23396.6 and 25503.55.
5. Instructional tasting events shall be limited to one event per day and only occur between the hours of 12:00 p.m. and 8:00 p.m. on Thursdays and Fridays and between 11:00 a.m. and 7:00 p.m. Saturdays and Sundays.
6. No customer shall leave the instructional tasting area with an open container of alcohol.
7. No exterior activity such as trash disposal, disposal of bottles or noise generating trash, deliveries, or other maintenance activity generating noise audible from the exterior of the building shall occur during the hours of 11:00 p.m. to 7:00 a.m. daily. In addition, there shall be no outdoor cleaning of the property with pressurized or
14 Attachment B Draft Statement of Official Action
mechanical equipment during the hours of 9:00 p.m. to 7:00 a.m., daily. Trash containers shall be secured with locks.
8. The operator and possessor of the Type 86 ABC license shall inform the authorized licensee hosting the instructional tasting of the conditions of approval of this Conditional Use Permit prior to the commencement of any instructional tasting event.
Administrative
9. The Planning Commission’s approval, conditions of approval, or denial of this application may be appealed to the City Council if the appeal is filed with the Zoning Administrator within fourteen consecutive days following the date of the Planning Commission’s determination in the manner provided in Part 9.04.20.24, Sections 9.04.20.24.010 through 9.04.20.24.040. Any appeal must be made in the form required by the Zoning Administrator. The approval of this permit shall expire if the rights granted are not exercised within twelve (12) months from the permit’s effective date. Exercise of rights shall mean actual commencement of the use granted by the permit.
10. Within ten days of City Planning Division transmittal of the Statement of Official Action, project applicant shall sign and return a copy of the Statement of Official Action prepared by the City 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, applicant shall not thereby waive any legal rights applicant may possess regarding said conditions. The signed Statement shall be returned to the City Planning Division. Failure to comply with this condition shall constitute grounds for potential permit revocation.
11. Prior to commencement of alcohol service, the applicant shall post a notice at the building entry and within the tasting area during any instructional tasting event stating that the site is regulated by a Conditional Use Permit and the Statement of Official Action, which includes the establishment’s conditions of approval, is available upon request. This notice shall remain posted at all times the establishment is in operation.
12. Within thirty (30) days from date of the approval of the Statement of Official Action, the applicant shall provide a copy of the approved Statement of Official Action for this project to the local office of the State Alcoholic Beverage Control department.
13. Prior to issuance of a Certificate of Occupancy, or a business license, or commencement of rights granted by this approval, the operator shall submit a plan for approval by the Director of Planning regarding employee alcohol awareness training programs and policies. The plan shall outline a mandatory alcohol awareness training program for all employees having contact with the public and
15 Attachment B Draft Statement of Official Action
shall state management's policies addressing alcohol consumption and inebriation. The program shall require all employees having contact with the public to complete a California Department of Alcoholic Beverage Control (ABC) sponsored alcohol awareness training program within 90 days of the effective date of this approval. In the case of new employees, the employee shall attend the alcohol awareness training within 90 days of hiring. In the event the ABC no longer sponsors an alcohol awareness training program, all employees having contact with the public shall complete an alternative program approved by the Director of Planning and Community Development. The operator shall provide the City with an annual report regarding compliance with this condition. This project shall be subject to any future City-wide alcohol awareness training program condition affecting similar establishments.
14. Prior to issuance of a Certificate of Occupancy, or a business license, or commencement of rights granted by this approval, the operator shall also submit a plan describing the establishment's designated driver program, which shall be offered by the operator to the establishment's patrons. The plan shall specify how the operator will inform patrons of the program, such as offering a free non- alcoholic drink for every party of two or more ordering alcoholic beverages.
15. In the event permittee violates or fails to comply with any conditions of approval of this permit, no further permits, licenses, approvals or certificates of occupancy shall be issued until such violation has been fully remedied.
Conformance with Approved Plans
16. This approval is for those plans dated July 9, 2019 and July 10, 2019, a copy of which shall be maintained in the files of the City Planning Division. Project development shall be consistent with such plans, except as otherwise specified in these conditions of approval.
17. 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, an increase of seating, or a significant change in the approved concept shall be subject 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. No expansion in number of seats, intensity of operation, or outdoor areas shall occur without prior approval from the City of Santa Monica and State ABC.
Project Operations
18. 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.
16 Attachment B Draft Statement of Official Action
19. Window or other signage visible from the public right-of-way that advertises beer or alcohol shall not be permitted.
20. Parking lot illumination shall be provided and maintained.
21. Applicant is on notice that all temporary signage is subject to the restrictions of the City sign ordinance.
22. The project shall at all times comply with the provisions of the Noise Ordinance (SMMC Chapter 4.12).
Standard Conditions
23. The property owner shall insure any graffiti on the site is promptly removed through compliance with the City’s graffiti removal program.
Police
24. Prior to the commencement of alcohol service, a security plan shall be submitted to the Chief of Police for review and approval. The plan shall address both physical and operational security issues.
25. The applicant authorizes reasonable City inspection of the property to ensure compliance with the conditions of approval imposed by the City in approving this project and will bear the reasonable cost of these inspections as established by Santa Monica Municipal Code Section 2.72.010 and Resolution No. 9905 (CCS) or any successor legislation thereto. These inspections shall be no more intrusive than necessary to ensure compliance with conditions of approval.
VOTE
Ayes: Nays: Abstain: Absent:
17 Attachment B Draft Statement of Official Action
NOTICE
If this is a final decision not subject to further appeal under the City of Santa Monica Comprehensive Land Use and Zoning Ordinance, 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 1.16.010.
I hereby certify that this Statement of Official Action accurately reflects the final determination of the Planning Commission of the City of Santa Monica.
______Leslie Lambert, Chairperson Date
Acknowledgement by Permit Holder
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.
Print Name and Title Date
Applicant’s Signature
18 Attachment B Draft Statement of Official Action
ATTACHMENT C PUBLIC NOTIFICATION INFORMATION
Pursuant to Municipal Code Section 9.37.030(E), and in accordance with the posting requirements set forth by the Zoning Administrator, the applicant posted a sign on the property regarding the subject application within 15 days of submittal of the discretionary permit application. At least 8 weeks prior to the public hearing date, the applicant submitted a photograph to verify the site posting and to demonstrate that the sign provides the following information: Project case number, brief project description, name and telephone number of applicant, site address, date, time and location of public hearing, and the City Planning Division phone number. It is the applicant's responsibility to update the hearing date if it is changed after posting.
In addition, pursuant to Municipal Code Section 9.37.050, notice of the public hearing was mailed to all owners and residential and commercial tenants of property located within a 750 foot radius of the project and published in the Santa Monica Daily Press at least 14 consecutive calendar days prior to the hearing.
On Monday, September 30, 2019, the applicant was notified in writing of the subject hearing date.
The following represents the input received from area property owners, residents, and recognized neighborhood associations:
Neighborhood Association: Wilshire/Montana Neighborhood Coalition: North of Montana Association: Adjacent Neighbors: Community Meetings: City Departments: Police Department: Community and Cultural Services Other: Santa Monica-Malibu United School District: Montana Avenue Merchants Association:
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NOTICE OF A PUBLIC HEARING BEFORE THE SANTA MONICA PLANNING COMMISSION
SUBJECT: Conditional Use Permit 19ENT-0315 820 Montana Avenue APPLICANT: Albertsons/Vons/Pavilions PROPERTY OWNER: Riviera Bay Development Corporation
A public hearing will be held by the Planning Commission to consider the following request:
The applicant (Albertsons/Vons/Pavilions) requests approval of a Conditional Use Permit (19ENT-0315) to allow a Type 86 (Instructional Tasting License) ABC license for the instructional tasting of alcoholic beverages at an existing grocery store (Pavilions) with a Type 21 (Off-Sale General) alcohol license. According to Section 9.31.040(B) of the Zoning Ordinance, a Conditional Use Permit is required for the dispensation of alcoholic beverages for on-site or off-site consumption.
DATE/TIME: WEDNESDAY, NOVEMBER 6, 2019 AT 7:00 PM
LOCATION: City Council Chambers, Second Floor, Santa Monica City Hall 1685 Main Street, Santa Monica, California
HOW TO COMMENT The City of Santa Monica encourages public comment. You may comment at the Planning Commission public hearing, or by writing a letter. Written information will be given to the Planning Commission at the meeting.
Address your letters to: Cary Fukui, Associate Planner Re: 19ENT-0315 City Planning Division 1685 Main Street, Room 212 Santa Monica, CA 90401
MORE INFORMATION If you want more information about this project or wish to review the project file, please contact Cary Fukui at (310) 458-8341, or by e-mail at [email protected]. The Zoning Ordinance is available at the Planning Counter during business hours and on the City’s web site at www.santa-monica.org.
The meeting facility is wheelchair accessible. For disability-related accommodations, please contact (310) 458-8341 or (310) 458-8696 TTY at least 72 hours in advance. Every attempt will made to provide the requested accommodation. All written materials are available in alternate format upon request. Santa Monica “Big Blue” Bus Lines #2, #3, Rapid 3, #7 and #9 service the City Hall and Civic Center. “Big Blue” Bus Lines #2 and #8 now run on Ocean Avenue instead of Main Street due to Colorado Esplanade construction.
Pursuant to California Government Code Section 65009(b), if this matter is subsequently challenged in Court, the challenge may be limited to only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the City of Santa Monica at, or prior to, the public hearing.
ESPAÑOL Esto es una noticia de una audiencia pública para revisar applicaciónes proponiendo desarrollo en Santa Monica. Si deseas más información, favor de llamar a Carmen Gutierrez en la División de Planificación al número (310) 458-8341.
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Attachment C Draft Statement of Official Action
ATTACHMENT D
Floor Plans & Neighborhood Context Photographs
820 Montana Avenue
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Attachment C Draft Statement of Official Action