9.A Tudor Wines UP

8/9/2019 9.A Tudor Wines UP

1/17

F CITY OF CARMEL-BY-THE-SEA

Council Report

May 5, 2015

To: Honorable Mayor and Members of the City Council

Douglas J. Schmitz, City Administrator

From: Marc Wiener, Senior Planner

Subject: Consideration of a Use Permit (UP 14-02) to establish awith wine tasting as an ancillary use in an existing commlocated in the Central Commercial (CC) Zoning District Tudor Wines Inc, LLC.

RECOMMENDATION: Approve the Use Permit (UP 14-02) applicatio

attached findings and conditions.

EXECUTIVE SUMMARY: The project site is a 160-square foot glass-wa

within the Court of the Fountains at northwest of the corner of Mission S

Avenue. The applicants, Dan and Christian Tudor, of Tudor Wines are requ

tasting room in the City. The proposed wine shop would sell wines solely p

Wines, in addition to wine-related retail items. The proposed hours of o

12:00 p.m. to 10:00 p.m., daily. The applicant has indicated that the gra

production are grown in the Santa Lucia Highlands area, which is located in

No special events on-site are proposed. Staff notes that future proposals

would be reviewed on a case-by-case basis and may or may not be approve

This application was reviewed and denied by the Planning Commission on

The primary basis for denial was that the proposal was inconsistent wit

Tasting Policy in that it: 1) did not have a prominent retail component,

appearance of a bar, and 3) the wine was not produced in Monterey County

noted that the grapes were grown in Santa Lucia Highlands, but that the win

produced in San Luis Obispo County.

Following the Planning Commission denial, the applicant appealed the de

C il Th C il id d th it A il 1 2014 d d


2/17

with this request as discussed in the staff analysis. Staff notes that the p

has changed since the July 2014 meeting.

This Use Permit application was scheduled for the April 8, 2015 Planmeeting. However, prior to the meeting, it was identified that the Planning C

not have the necessary four-member quorum to take action on this Use P

Two Planning Commissioners recused themselves from applications invo

One owns property within 500 feet of the project site, and the other has s

interest related to the new property owner. Because only three Commiss

been able to participate, this Use Permit application has been referred to th

consideration.

ANALYSIS/DISCUSSION:

Revised Wine Tasting Policy

The City Council adopted a revised Wine Tasting Policy on March 3, 2015

as Attachment 4. The revised policy states that: “No more than three

Permits for new locations shall be issued within any 12-month period. To e

in the Commercial District, retail wine tasting shops located north of O

strongly encouraged.”

This Use Permit (UP 14-02) application for Tudor Wines is subject to the rev

Policy, and its approval would count as one of the three permits allowe

proposed location of the wine tasting room is south of Ocean Avenue.

proposed location, as this application was in process prior to the adoption oTasting policy. However, the Council may apply the standards of the revise

its decision. Staff notes that the proposed location complies with G

recommends no more than five tasting rooms in any two-block area.

Type 02 License

The Wine Tasting Policy states that “Wines originating from Monterey CouWineries and locating their off-site tasting rooms in Carmel are des

encouraged. The tasting room should have a Duplicate Type 02 ABC lic

Type 02 ABC licensed winery located within Monterey County. All wines

and offered for sale and tasting should have been produced in a Type 0

located in Monterey County with the vast majority (i e 75% or more) from


3/17

alternating proprietorship. An alternating proprietorship is a facility in w

businesses use the premise to produce wine.

Staff notes that Tudor Wines also maintains a separate Type 02 license bObispo County. The applicant, Dan Tudor, has indicated to staff that the

facility and the associated Type 02 license would be discontinued upon ap

Permit. Nevertheless, Special Condition #7 requires that all wines store

offered for sale and tasting in the wine room shall have been produced

County facility by Tudor Wines.

Floor Plan Revision

The revisions to the floor plan were reviewed by the Planning Commission a

meeting. Staff notes that the original floor plan contained a bar that was

feet long, 18 inches wide, and was located at the center of the space. The

the proposal by reducing the length of the bar to 7 feet and locating it to the

kiosk. The applicant also included retail display shelves at the back and

The space devoted to wine tasting, including the glass washer, occupies aof the space. The floor plan and a photograph of the dispenser is included a

With regard to ADA compliance, the applicant had originally proposed

consideration. One option (Concept 1) placed the ADA countertop on the

kiosk and used the display shelf and a countertop. The other option (Con

proposal for the main bar to have an adjustable height that would meet A

The Planning Commission indicated support for the adjustable bar option

been drafted requiring the applicant to include the Concept 2 proposa

drawings submitted with the Building Permit application.

As noted at the July 2014 Planning Commission meeting, the plan indica

devoted to tasting would occupy approximately 31% (51 sq. ft.) of the kios

notes that the actual footprint of the tasting area should extend back to the

may occupy closer to 40% of the space. A condition has been drafted requ

to revise the plans to more accurately identify the percentage of the sp

tasting, which includes the area occupied by the glass washer.

Hours of Operation

The revised Wine Tasting Policy states that “night time hours should be


4/17

Alternative Options

Staff has prepared draft findings and conditions of approval for City Cou

Alternatively, the Council could deny the application or request revisions ifthat the proposal is not consistent with the Wine Tasting Policy or the

findings.

Environmental Review

The application qualifies for a Class 3 Categorical Exemption from the provis

California Environmental Quality Act (CEQA) pursuant to Section 15303 of tGuidelines. Class 3 exemptions include projects involving limited new const

and conversion of small structures.

FISCAL IMPACT:

The City collects a fee of $785.30 Use Permit application fee. This fee de

staff time costs for processing the Use Permit, and staff costs beyond the aout of the City’s General Fund.

Budgeted (yes/no) Funding Source( general fund,state)

Yes Use Permit Fee and General F

PREVIOUS COUNCIL ACTION/DECISION HISTORY:

The Planning Commission denied this Use Permit application on March 11,

2014, the City Council considered the appeal, and remanded the Use Perm

to the Planning Commission. The reason that the item was remanded ba

Commission is that the applicant submitted a revised floor plan to the

addressed some of the concerns that were raised by the Commission.

ATTACHMENTS:

Attachment 1 – Findings for Approval

Attachment 2 – Conditions of Approval

Att h t 3 T 02 ABC Li I f


5/17

APPROVED:

____________________________________ Date: ____________

Douglas J. Schmitz, City Administrator


6/17

Attachment 1 – Findings for Approval

CITY OF CARMEL-BY-THE-SEA

DEPARTMENT OF COMMUNITY PLANNING AND BUILDING

FINDINGS FOR APPROVAL

UP 14-02

Dan and Christian Tudor

Tudor Wines

NW Corner of Mission Street and 7th AvenueBlock 77, Lots 15, 17, 19 & 21

APN: 010-141-003

CONSIDERATION:

Consideration of a Use Permit (UP 14-02) to establish a retail wine shop with wine

ancillary use in an existing commercial space located in the Central Commercial (CC) Z

RECITALS:

1. The commercial space is located within the Court of the Fountains on Mission

northwest corner of the intersection of Mission Street and 7th

Avenue. Th

space is 160 square feet in size.

2. The proposed uses are classified as follows according to the North Ameri

Classification System (NAICS):

Primary Use

Retail Sales – 69% (wine, wine related merchandise)

Ancillary Use

Wine Tasting – 31%

3. Carmel Municipal Code (CMC) Section 17.14.040 requires a Use Permit

ancillary uses of 10% or more. Use Permits require action by the Planning


7/17

6.

The Planning Commission reviewed the Use Permit application with the revion July 9, 2014. The Commission continued the application with a recomm

the applicant obtain a Type 02 license based in Monterey County.

7. The applicant has obtained a Type 02 ABC license based in Monterey Coun

issued by the California Department of Alcohol and Beverage Control on Febr

8.

The City Council adopted a revised Wine Tasting Policy on March 3, 2015. Th(UP 14-02) application for Tudor Wines is subject to the revised Wine Tasti

9. The property is under new ownership since the July 9, 2014 Planning Commis

Two Planning Commissioners recused themselves from applications involvin

One owns property within 500 feet of the project site and the other has state

interest related to the new property owner. Because the Planning Commis

have the necessary four-member quorum to take action on this Use Permit

has been referred to the City Council for a decision.

10. The application qualifies for a Class 3 Categorical Exemption from the pro

California Environmental Quality Act (CEQA) pursuant to Section 15303 of th

Guidelines. Class 3 exemptions include projects involving limited new constru

and conversion of small structures.

FINDINGS FOR DECISION:

1. The proposed use is not in conflict with the General Plan.

2. The proposed use, as conditioned, will comply with all zoning standards app

use and zoning district.

3. The granting of the Use Permit will not set a precedent for the approval owhose incremental effect will be detrimental to the City, or will be in con

General Plan.

4. The proposed use will not make excessive demands on the provision of pu

including water supply, sewer capacity, energy supply, communication fa


8/17

7. The proposed use will not generate adverse impacts affecting health, safety

neighboring properties or uses.8. With conditions applied, the proposed use would generally be consistent wit

Wine Tasting Policy.

OTHER REQUIRED FINDINGS (CMC 17.64.060 – Ancillary Uses):

1. The ancillary use of wine tasting is compatible with the primary use of reta

2. The proposed uses will not exhibit a character of multiple, unrelated activit

into one business.

3. The store will continue to contribute to the character and diversity of the c

district.


9/17

CITY OF CARMEL-BY-THE-SEA

DEPARTMENT OF COMMUNITY PLANNING AND BUILDING

CONDITIONS OF APPROVAL

UP 14-02

Dan and Christian Tudor

Tudor Wines, Inc.

NW Corner of Mission Street and 7th

Avenue

Block 77, Lots 15, 17, 19 & 21

APN: 010-141-003

AUTHORIZATION:

1. This Use Permit authorizes the retail sale of wine with an ancillary use of

based on the following percentages. Of the 160 square feet devoted to re

wine tasting, with approximately 60% of this area (96 sq ft) used for ret

approximately 40% of the area (64 sq ft) used for wine tasting. This permit au

plan Concept #2, as shown on the plans date-stamped June 25, 2014, and ap

City Council on May 5, 2015.

2. Wine sales and tasting shall be limited to wines produced by Tudor Wines,

3.

The business is permitted to operate between the hours of 12:00 pm and 9

4. Up to four (4) special events are allowed per year, subject to written autho

the Community Planning and Building Director, after review of the specifics o

Such specific requests shall be provided in writing to the Community Plannin

Department no less than 30 days prior to the event.

SPECIAL CONDITIONS:

5. Prior to implementation of the Use Permit, the applicant shall submit a revi

that more accurately identifies the percentage of the space devoted wine tas

include the area occupied by the glass washer. Staff will amend the Use Pe

the revised data if it deviates from the authorization in Condition #1


10/17

7. All wines stored, displayed, and offered for sale and tasting shall have been

Tudor Wines Inc, in a Type 02 Bonded Winery located in Monterey Countymajority (i.e. 75% or more) from grapes grown in Monterey County.

8. The maximum serving size shall be 2 ounces per serving. Customers are not

drink bottles of purchased wine in the store, and no wine tasting shall take p

property or in the Court of the Fountains courtyard.

9.

All exterior alterations and/or sign changes, and interior renovations that mBuilding Permit, shall require approval from the Department of Community

Building prior to performing the work.

10. The use shall be conducted in a manner consistent with the presentations an

submitted in the application and at the public hearing, and any change in t

would alter the findings or conditions adopted as part of this permit shall req

of a new Use Permit by the Planning Commission.

11. Violations of the terms of this Use Permit or other ordinances of the City m

grounds for revocation of this Use Permit and the associated business l

Planning Commission.

12. Upon termination or revocation of this Use Permit and/or business license fo

the use shall immediately cease and shall not be re-established without issu

Use Permit.

13. Approval of this application does not permit an increase in water use on th

Should the Monterey Peninsula Water Management District determine that

result in an increase in water use as compared to the previous use, this Use

scheduled for reconsideration.

14.

The applicant agrees, at its sole expense, to defend, indemnify, and hold harits public officials, officers, employees, and assigns, from any liability; and sh

the City for any expense incurred, resulting from, or in connection with

approvals. This includes any appeal, claim, suit, or other legal proceeding,

aside, void, or annul any project approval. The City shall promptly notify th

any legal proceeding, and shall cooperate fully in the defense. The City m


11/17

*Acknowledgement and acceptance of conditions of approval.

_____________________ _________________ _______

Applicant Signature Printed Name Date

______________________ _________________ _______

Applicant Signature Printed Name Date

_____________________ _________________ _______

Property Owner Signature Printed Name Date

Once signed, please return to the Community Planning and Building Department


12/17

California

Department of

Alcoho

Beverage Control

License Query

Sys

tem Summary

as

of3 16

/2015

License Information

Li

cense Number : 547864

P

rimary Owner : TUDOR WINES, INC

jABC Office of Application: 26 - SALINAS

Business Name

Doing Business As: TUDOR WINES

Business Address

11\dd

r ess: 32720 RIVER

RD

Census Tr act : 0148.00

jc ity:

GO

NZALES County: MONTEREY

State: CA Zip C ode :

93

926

Licensee Information

Licensee: TUDOR Wil\lES, INC

Comp

an

y Information

Officer TUDOR, CHRISTIAN FRANCIS (CHIEF FINANCIAL OFFICER

Officer TUDOR, CHRIST

IA

N FRANCIS (PRESIDENT)

Officer TUDOR, CHRISTIAN FRANCIS (SECRETARY/ASST SEC)

Stock Holder: TUDO

R, CHRISTIAN FRANCIS

License Types

1 02 - WINEGR0\1\IER

Li

cense Type Status: ACTIVE

Status Date:

24

-FEB-2015

Term: 12 Month(s)

Original Issue Date: 23-FEB-20

15

Expiration Date: 30- J lN-20

1

Master : Y

Duplicate: 0

Fee Code: PO-G

LS

K

Current Disciplinary Action


13/17

City of Carmel-by-the-Sea

Wine Tasting Policy

(Revisions Adopted 3/3/2015) Purpose

To establish guidelines for the review and approval of wine tasting facilities in the C

Commercial and Service Commercials Districts in the downtown.

Policy

The General Plan encourages a balanced mix of uses that serve the needs of both loclocal populations. The Planning Commission recognizes the demand for establishin

tasting facilities but also recognizes that their proliferation could impact the balance

that the General Plan encourages.

Definition

A wine tasting room is a stand-alone establishment with a Duplicate Type 02 ABC l

which the primary purpose to encourage patrons to purchase wine for off-site consuEstablishments should not operate as a wine bar, where the primary purpose would bto consume wine on premise other than for the purpose of wine tasting. It is recogn

tasting rooms host occasional promotions and special events to encourage sales and

wine for the education and development of current and potential customers.

The following standards are recommended and shall be considered by the Planning

in its review of wine tasting permits:

1. Wines originating from Monterey County Vineyards and Wineries and locat

site tasting rooms in Carmel are desired and strongly encouraged. The tastin

should have a Duplicate Type 02 ABC license of a primary Type 02 ABC liwinery located within Monterey County. All wines stored, displayed, and o

and tasting should have been produced in a Type 02 Bonded Winery located

County with the vast majority (i.e. 75% or more) from grapes grown in MonCounty.

2.

No more than three wine tasting Use Permits for new locations shall be issue12-month period. To encourage diversity in the Commercial District, retail

shops located north of Ocean Avenue are strongly encouraged.3. A wine tasting room may be permitted a limited number of special events sp

through the Use Permit for the purpose of marketing and educating current a

t i


14/17

6. Tasting should only involve traditional wine based products such as still win

wines or Port-type products, no other alcoholic beverages should be permitte

tasted or purchased.7. The maximum serving size should be 2 ounces per serving. Customers shou

permitted to drink bottles of purchased wine in the store and no wine tasting

place on public property.8. Light snacks such as cheese, crackers, and bread may be served; however, m

permitted.

9. In order to encourage diversity and maintain a balanced mix of uses, no mor

establishments offering tasting should be permitted within any standard two-

depicted in Figure 1.* For smaller blocks including Blocks 70, 71, 72, and 7other blocks in which these boundaries do not apply, the Planning Commiss

consider proposals on a case by case basis that meet the intent of this density10. Night time hours should generally be limited to no later than 9:00 p.m.

11. Wine tasting associated with other uses such as retail food, art galleries, clot

and the like is discouraged.

*For the purposes of this policy a “standard two-block area” would include all commercial spaces onstreet located between the next two cross streets. The cross streets at the end of the blocks are also in

the mid-point of each block.

Figure 1: Example of Standard Two-block Area (max 5 wine tasting establishments)

Dolores Street

7 t h

A v e

O c e a n A v e


15/17

C o un c i l M e e t i n gD a t e: M a y 5 ,2 0 1 5

A g en d aI t e

m: 9 .A

P

a g e1 5

__M

@

AI

I

AA

AI

AA

AI

I

jl

I

J ~ J ~

Rear t/ispla4

Wall

~ l e v a t 1 0 r 1

Rotated Stor

I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I

1 )1 1 )1 1 )1

~ n t r ~ tJcx::; Modii lt:d

ti4

:>Wii1C1 'Ut

and

JY:st a5 sfmm

Revised Proposal - Concept.

I

fIxed He

IC1ht Courtter

Retail tl1spla4

110

Sq.

ft


16/17

C o un c i l M e e t i n gD a t e: M a y 5 ,2 0 1 5

A g en d aI t e

m: 9 .A

P

a g e1 6

@

-

I

I

l

Ul U

U

I

Rear

1 / i s p l a ~ Wall

~ l e v a t l o n

Rotated

Storefro

I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I

10

~ n t r ~ 1 / o o r ~

v\xllfied

to

;;wit

1 cut

;

rd n-

?L:;;

v.vn

Revised Proposal

-Concept

2

Adjustable HeiC1ht ServinC1 Courter

10 10

Sc

fo

~ t a i l l / l 5 p l a L I and

110 5q, /

6


17/17

Documents

9.A Tudor Wines UP