Eclectic Wine - Smokey Hollow, 302 Pier Avenue

Recent Hermosa Beach Alcohol CUP Proceedings

MINUTES OF THE PLANNING COMMISSION MEETING
OF THE CITY OF HERMOSA BEACH HELD ON
FEBRUARY 15, 2005, 7:00 P.M.,
AT THE CITY HALL COUNCIL CHAMBERS

6.     CUP 04-5 -- Conditional Use Permit amendment to allow on-premises wine tasting in conjunction with an existing market with off-sale beer and wine at 302 Pier Avenue (continued from October 19 and November 16, 2004 meetings).(PDF File).

http://www.hermosabch.org/departments/building/agenmin/pc20050215/8.pdf

Staff Recommended Action: To direct staff as deemed appropriate.

Senior Planner Robertson advised that this facility is located at the corner of Monterey Boulevard and Pier Avenue on a lot containing five businesses, including three on Pier Avenue and two on Monterey Boulevard; stated that the subject building is currently being used as a market specializing in wine sales and has been previously used/occupied by convenience and food markets with off-sale beer and wine; that a CUP for off-sale beer and wine was granted in 1990; that this CUP allows the off-sale business to be open until midnight; and added that since the applicant is proposing on-sale consumption, no matter how limited it may be, a CUP amendment is required for the on-sale beer and wine. He advised that the applicant’s proposal for limited on-site consumption will require a Type 42 Alcohol Beverage Control license to allow on-site consumption.

Senior Planner Robertson stated that the property is currently nonconforming to current parking requirements, as only four off-street parking spaces exist with one available for the subject business and three spaces located in front of the businesses on Monterey Boulevard; noted that the applicant is proposing to offer customers wine sampling for a small fee as part of their normal business operations in conjunction with the wine market; explained that the plans show an 80-square-foot portion of the business will be sectioned off during regular business hours; and that this area will be sectioned off by low barriers to prohibit access to persons younger than 21 years of age. He explained that the sampling section will include two stand-up tables with no seating and wine storage for the sampling; and that the wine sampling will be with 1-ounce cups/sips of wine and a maximum of five samplings, with all the pouring being done by market employees. He mentioned that the applicant is willing to limit the market and wine sampling hours to no later than 10:00 P.M.; and added that the applicant is modeling this concept after the Sepulveda Wine Company, which is a business in Manhattan Beach.

Senior Planner Robertson explained that staff considers this proposed on-premises consumption of wine, although limited to sampling, as an on-sale alcohol beverage establishment pursuant to the City’s permitted use list; and stated that the proposed use does not fit into any other category and this is clearly the most similar use. He noted that pursuant to this permitted use list, this business is only permitted with a CUP; and stated that no other interior changes to the premises are proposed at this time. Based on the information and plans submitted, he noted that it is not completely clear if this proposal to consume alcohol as samples can be considered incidental to the retail market with respect to the Uniform Building Code or the requirements of the L.A. County Department of Health; advised that the applicant is proposing to use disposable plastic cups and is requesting that the sampling area be considered secondary or incidental to the primary use of the property as a market, similar to sampling other food items, and, therefore, they will be requesting to be exempted from certain Building Code requirements, including Title 24 requirements for handicap accessibility. He advised that the applicant believes incidental beverage sampling does not change the business and thus is not subject to the Health and Safety requirements or Building Code upgrades that are normally required, which would require upgrade to the bathroom facilities or washing facilities. He advised that the City will get clarification on these issues during the plan check process should the Commission approve this request.

Senior Planner Robertson stated that the applicant will also be applying for the Type 42 ABC license; in this case, that license would only apply to the sectioned off portion of the business and that the rest of the market would operate under the Type 20 off-sale license. He added that the applicant is also requesting a determination from the Commission that this not be considered an intensification of the existing use; and explained that if the project were considered as more intense, the proposed new use classification would require additional parking. Given the proposed limitation on hours, limited area for the sampling, he stated that it would seem reasonable to consider this area as incidental and causing no such intensification of use. If the Commission makes a favorable decision on this request, he noted that staff would recommend the following special conditions to limit the intensity of the wine consumption and to ensure that the business or any future business operating under this CUP retains its primary character as a retail market: on premises consumption be limited to wine sampling only within the 80-square-foot area; sampling area to be separated from the retail market by non-portable barriers that would be affixed to the floor and clearly marked on the floor and noted on the plan; the hours for the market limited to no later than 10:00 P.M.; no seating allowed in the wine sampling area and tables appropriate for standing only as shown on the plans; limit to 1-ounce sampling sizes, with a maximum of five samples per customer and pouring by the employees only; no serving or preparation of food or meals other than minimum associated with sampling; prohibition of exterior signs for advertising the wine sampling to be in compliance with the County, ABC and the City; and a condition that the Planning Commission review the project in six months. He stated that the Commission must make a basic determination in this case in findings that this proposal will be compatible with surrounding commercial and residential uses and decide if it warrants granting this CUP; in addition, given the unique nature of this proposal, the Commission must decide if the operational conditions to limit the on-sale portion of the business are reasonable and will prove to be practical and enforceable; and noted that staff will return with a resolution based upon the Commission’s direction.

Director Blumenfeld stated that staff is concerned about enforcement of the CUP because of the on-sale consumption of wine, and the potential for the use to change into a wine bar. He noted that this is why staff is recommending the area be sectioned off and improvements made to the building.

Chairman Perrotti questioned if there is anything in the codes requiring the type of barricade to use.

Director Blumenfeld advised that the owner had proposed similar barriers as seen in banks to establish a cue for the wine tasting area. Director Blumenfeld stated that staff has not resolved the restroom issues and this time and that staff will continue to study those issues.

Director Blumenfeld noted for Commissioner Allen that the CUP has to be put into effect in order for it to be in place, that the business must be put into operation within two years of approval for the CUP to take effect.

Chairman Perrotti opened the public hearing.

Laura Zuenski, owner of Smokey Hollow Wine Shop, explained that the intent is to give the customer a chance to sample wines that are not easily found; advised that this is not a wine bar; pointed out that the patrons will sample from a 1-ounce cup; and noted that the sampling will help with sales. She noted for Commissioner Koenig that she would not be opposed to erecting a short wall. Ms. Zuenski stated that she concurs with all the conditions of approval.

Mr. Nelson, 2415 Silverstrand Avenue, noted his support for this applicant’s request; and stated that the applicants run a fine establishment.

Cynthia McCann, co-owner, read a letter of support from a City resident, Judith Prager (who was not able to attend this evening’s meeting), stating that she believes this facility will improve the culture of the City.

There being no further input, Chairman Perrotti closed the public hearing.

Commissioner Hoffman expressed his belief that staff has developed enough conditions to adequately address any concerns with this project; and he wished the applicants success in this venture.

Vice-Chairman Pizer echoed Commissioner Hoffman’s comments; expressed his belief that wine-tasting is an essential part of the success of their business; and stated that the limited size of the sectioned area is acceptable.

Commissioner Koenig expressed his belief that the owners are responsible individuals who care about this community; stated that this activity adds to the ambiance of this community; and suggested that the applicant be permitted to have signage which advertises the wine sampling so that they can generate interest, believing that not allowing signage is an unfair prohibition.

Commissioner Allen noted his support for signage advertising the wine tasting and expressed his belief that this is a sincere proposal.

Chairman Perrotti addressed concern with the CUP should this property or business change ownership, but added that he believes there are adequate conditions to alleviate these concerns, including the six-month review.

MOTION by Vice-Chairman Pizer, seconded by Commissioner Koenig, to APPROVE CUP 04-5 -- Conditional Use Permit amendment to allow on-premises wine tasting in conjunction with an existing market with off-sale beer and wine at 302 Pier Avenue; to allow signage advertising the wine-tasting, deleting Item No. 7; and for staff to prepare the proposed resolution with the nine conditions of approval. The motion carried as follows:

LOCATION: 302 PIER AVENUE

APPLICANT: LARA SOWINSKI

http://www.hermosabch.org/departments/cityclerk/agenmin/cca20051213/7a.pdf

access to persons younger than 21 years of age. The sampling section includes two stand-up tables (no seating) and wine storage for the sampling. The wine sampling will be for one-ounce sips of wine, and a maximum of 5 samplings, with all pouring done by market employees. The applicant is willing to limit their market and wine sampling hours to10:00 P.M. The applicant is modeling this concept after the “Sepulveda Wine Company” which also is a wine specialty shop, which recently obtained approval from the City of Manhattan Beach for limited wine sampling. The City of Manhattan Beach approved the request subject to several conditions to clearly limit the location for and the amount of wine consumption, and to ensure that sampling is secondary to the primary use of the premises as a market (attached).

Based on the applicant’s description, and pursuant to the permitted use matrix contained in Section 17.26.030, staff is considering the proposed on-premises consumption of wine, although limited to sampling, as an “alcohol beverage establishment, on-sale.” The proposed use does not fit into any other category, and this is clearly the most similar use. Pursuant to the City’s permitted use list this business may therefore only be permitted with a Conditional Use Permit. However, staff believes that the primary permitted use is as a permitted “off-sale” market, so the subject C.U.P. request relates to the addition of this secondary use of the business for sale and consumption of alcohol on the premise.

No other interior changes to the premises are proposed at this time. Based on the information and plans submitted, it is not clear if this proposal to consume alcohol as “samples” can be considered incidental to the retail market with respect to the Uniform Building Code, or the requirements of the L.A. County Department of Health. The applicant is proposing the use of disposable plastic cups, and is requesting that this sampling area be considered as secondary or incidental to the primary use of the property as a market, similar to sampling snack foods or other food items, and therefore be excepted from certain requirements, including Title 24 for handicapped accessibility.

They believe that incidental beverage sampling does not change the business, and thus is not subject to health and safety and/or building code upgrades to bathroom facilities and/or washing facilities that would otherwise required for food and beverage establishments that offer on-site consumption. The City will get clarification on these issues during the plan check process should the Commission approve the request.

In order to offer wine sampling the applicant will be also applying to the State Alcoholic Beverage Control to obtain a Type 42 ABC license, which allows on-site beer and wine consumption. This is the same license that ABC provides for bars that do not serve food, and is distinguished from the more common type 41 license for most restaurants in the downtown area. This Type 42 license applies only to the sectioned-off portion of the business, and the rest of the market operates under a Type 20 off-sale license.

Based on the request that wine sampling be considered secondary to the primary use as a market, the applicant also is requesting a determination that this not be considered an intensification of the existing use. If the project were considered as intensifying the use, the proposed new use classification would require additional parking. For example if this were considered a bar, the required increased parking would be substantial as 10 parking spaces would be required (1 space per 80 square feet of floor area.)

Given the proposed limitation on hours, limited area for sampling, it would seem reasonable to consider the proposed sampling area as incidental, and causing no intensification of the existing market use or any material effect on parking demand.

If the Commission makes a favorable decision on this request, and determines that this use is secondary to the primary use, staff recommends the following special conditions to limit the intensity of the wine consumption, and to ensure that this business or any future business operating with this C.U.P. retains is primary character as a retail market.

1. On premises consumption of alcohol limited to wine sampling only, within the 80 square foot area per plan

2. Sampling area to be separated from retail market by non-portable (low wall, shelving, etc.) that are affixed to a clearly marked location on the floor and noted on project plans.

The Commission must make the basic determination and findings that this proposal will be compatible with the surrounding commercial and residential uses, and decide if it warrants the granting of a Conditional Use Permit. In addition, given the unique nature of this proposal, the Commission must decide if the detailed operational conditions to limit the on-sale portion of the business are reasonable and will prove to be practical and enforceable.

Otherwise, opening the option for on-site consumption of wine has the potential to transform this location into something unforeseen at this time, such as a wine bar or other type of use that may not be appropriate for this location, and will place an unnecessary burden on City staff to monitor and enforce the proper behavior of employees at this location.

Based on the direction of the Planning Commission, staff will return with a resolution at the next meeting.

Ken Robertson

CONCUR: Senior Planner

____________________________

Sol Blumenfeld, Director

Community Development Department

Attachments

1. Proposed Resolution

2. Applicant narrative

3. Manhattan Beach staff report/approval resolution

4. Location Map

5. Photographs

6. 1975 Conditional Use Permit

MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL

of the City of Hermosa Beach, California, held on Tuesday, December 13, 2005, at the hour of 7:15 p.m.

ROLL CALL

Present: Edgerton, Keegan, Reviczky, Mayor Tucker
Absent: Yoon

7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER

1. REQUEST FROM ABC REGARDING APPLICATION OF LARA SOWINSKI, 302 PIER AVENUE, TO ALLOW ON-PREMISES WINE SAMPLING IN CONJUNCTION WITH OFF-SALE BEER AND WINE LICENSE. Memorandum from City Manager Stephen Burrell dated December 7, 2005. Supplemental memo received on December 13 from City Manager Steve Burrell

   http://www.hermosabch.org/departments/cityclerk/agenmin/cca20051213/7a.pdf

   Public Works Director Morgan presented the staff report and responded to Council questions.

   Action: To direct staff to write a letter to the Alcoholic Beverage Control (ABC) stating that granting a license to allow the sampling of wine would serve the public convenience and necessity.

   
   Motion Edgerton, second Keegan. The motion carried by a unanimous vote.

   At 10:47, the order of the agenda went to item 6(a).

City of Hermosa Beach -- 04-08-97

MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, April 8, 1997, at the hour of 7:12 P.M.

PLEDGE OF ALLEGIANCE - Dallas Yost

ROLL CALL:

Present: Benz, Bowler, Edgerton, Oakes, Mayor Reviczky

Absent: None

MAYOR'S COMMENTS/ANNOUNCEMENTS:

Mayor Reviczky announced that the downtown parking structure had been approved earlier today by the Coastal Commission.

PROCLAMATIONS:

• Public Health Week April 7 - 13, 1997

Mayor Reviczky proclaimed April 7 through April 13, 1997 as Public Health Week in Hermosa Beach.

• National Library Week April 13 - 19, 1997

Mayor Reviczky proclaimed April 13 through April 19, 1997 as National Library Week in Hermosa Beach.

• Medal of Valor Week April 14 - 18, 1997

Mayor Reviczky proclaimed April 14 through April 18, 1997 as Medal of Valor Week in Hermosa Beach, noting that the annual luncheon honoring police officers and firefighters for their heroic deeds will take place Thursday, April 17, 1997.

PUBLIC PARTICIPATION:

(a) ORAL COMMUNICATIONS

Coming forward to address the Council at this time were:

Jim Lissner - Hermosa Beach, expressed his desire to get in contact with a speaker identified as Doss at the March 4, 1997 Planning Commission meeting; said the meeting videos should be available for public review at any time; and

Mike Harrigan - Film Festival Committee, presented festival tee-shirts and pins to the Council members; said the festival begins Thursday, April 24, on the beach north of the Pier, with a brief presentation at 7:45 P.M. followed by the free opening-night movie "Pie in the Sky" at about 8:00 P.M., adding that the audience may wish to bring beach chairs or towels for that event; said the Friday, Saturday and Sunday screenings will take place at the City's Civic Theatre, made possible by the donation by Hawthorne Savings of a 35 mm projector to the Community Center, noting that tickets may be purchased at the theatre box office starting April 23, 1997.

(b) COUNCIL COMMENTS : - None

(c) WRITTEN COMMUNICATION:

1. Letter from Howard Longacre dated April 2, 1997 regarding a lack of response by city staff to a previous agendized letter dated February 19, 1997 as directed to be accomplished by the City Council at their meeting of February 25, 1997, and other matters regarding the proposed parking structure.

Action: To receive and file the letter.

Motion Bowler, second Benz. The motion carried by a unanimous vote.

1. CONSENT CALENDAR:

Action: To approve the consent calendar recommendations (a) through (h), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (d) Benz and (g) Benz.

Motion Bowler, second Oakes. The motion carried by a unanimous vote.

No one came forward to address the Council on items not removed from the consent calendar.

MUNICIPAL MATTERS:

5. REQUEST OF UNOCAL AT 755 PIER AVENUE FOR A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY FOR OFF-SALE BEER AND WINE LICENSE. (Continued from meeting of March 25, 1997) Memorandum from City Manager Stephen Burrell dated March 19, 1997. Supplemental letter and list of voluntary conditions from Unocal dated April 4, 1997, which had been submitted directly to the Council.

City Manager Burrell presented the staff report, announced the receipt of a supplemental letter from the applicant listing voluntary conditions, and responded to Council questions.

City Attorney Jenkins also responded to Council questions, noting that there was no guarantee that the Department of Alcoholic Beverage Control (ABC) would include the applicant's voluntary conditions even if the City requests them.

Public participation opened at 7:40 P.M.

Coming forward to address the Council on this item were:

Maree Elena Arenas - representing Unocal, spoke to the site location and safety issues; addressed the applicant's list of voluntary conditions on the parameters of operation of the project; responded to Council questions;

Scott Piatta - Unocal project manager, responded to Council questions, saying the International House of Pancakes (IHOP) lease expires soon and the building would be torn down for the project;

Patricia Spiritus - 1610 Strand, said the project is an upgrade that will provide services and improve the corner of Pier Avenue and Pacific Coast Highway, which is the gateway to the downtown;

Jim Lissner - Hermosa Beach, said no amount of conditions would make the sale of beer and wine a public convenience or a necessity; and

John Burt - Hermosa Beach, said he and his family had frequented IHOP over the years and objected to tearing down the restaurant.

Public participation closed at 7:50 P.M.

Action: To make a determination that an off-sale beer and wine license at 755 Pier Avenue is a matter of public convenience or necessity and direct the City Manager to forward a letter to the Department of Alcohol Beverage Control detailing the City Council action and including the applicant's list of voluntary conditions.

Motion Benz, second Bowler. The motion carried, noting the dissenting votes of Edgerton and Oakes.

At 12:18 A.M., the Council resumed consideration of this item, after allowing the opportunity for public review of the supplemental letter and list of conditions submitted by the applicant.

Public participation opened at 12:19 A.M. Coming forward to address the Council on this item was:

Jim Lissner - Hermosa Beach, said he examined the supplemental letter of April 4, 1997 and the applicant's voluntary list of conditions, saying they were standard conditions that the ABC generally applies; said the conditions did not make the sale of beer and wine more convenient or necessary.

Public participation closed at 12:21 A.M.

Final Action: To make a determination that an off-sale beer and wine license at 755 Pier Avenue is a matter of public convenience or necessity and direct the City Manager to forward a letter to the Department of Alcohol Beverage Control detailing the City Council action and including the applicant's list of voluntary conditions (same motion as above).

Motion Benz, second Bowler. The motion carried, noting the dissenting votes of Edgerton and Oakes.

At 12:22 A.M., the order of the agenda returned to Citizen Comments.

6. YOUTH SKATEBOARD TRACK PROPOSAL: JOINT PROJECT WITH REDONDO BEACH - TRITON OIL SITE . Memorandum from Community Resources Director Mary Rooney dated March 26, 1997.