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Appeal of the Planning Commission's Decision to Approve a Use Permit (UP 13-17) to Establish a Retail Wine Shop With Wine Tasting as an Ancillary Use Carmel Wine Walk by-The-Sea 04-01-14

Appeal of the Planning Commission's Decision to Approve a Use Permit (UP 13-17) to Establish a Retail Wine Shop With Wine Tasting as an Ancillary Use Carmel Wine Walk by-The-Sea 04-01-14

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Published by L. A. Paterson
Carmel City Council Agenda Item
Carmel City Council Agenda Item

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Published by: L. A. Paterson on Mar 29, 2014
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03/29/2014

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115
To From Submitted by Subject
CITY
OF
CARMEL-BY
-
THE-SEA
Council Report April
1,
2014 Honorable
Mayor
and Members
of
the
City Council Jason Stilwell, City Administrator
Rob
Mullane,
AICP
, Community Planning and Building Director
Marc
Wiener, Senior Planner Consideration
of
an
appeal
of
the
Planning Commission's decision
to
approve a
Use
Permit
UP
13-17)
to
establish a retail wine shop
with
wine tasting
as
an
ancillary
use
in
an
existing commercial space located on
San
Carlos Street, three properties southeast
of
Fifth Avenue, in
the
Central Commercial
CC)
Zoning District. The applicant
is
Firok Shield. The decision is being appealed by
the
Carmel Wine Walk by-the-Sea.
Recommendation
Deny
the
appeal, and uphold
the
Planning Commi
ss
ion's decision
to
approve
UP
13-17.
Executive Summary 
The project site
is
a commercial building located on
San
Carlos Street, three properties southeast
of
Fifth Avenue.
On
February 11, 2014,
the
Planning Commission approved a
Use
Permit
UP
13-17)
to
establish a retail wine shop
with
an
ancillary use
of
wine tasting at
the
subject location. The approval was conditioned wi
th
a requirement
that the
wi
ne
shop only feature wines
from
Chateau
Marie ntoinette
Winery and
from
da
Giovanni Cellars. Chateau Marie Antoi
nette
Winery
is
located in Morgan Hill, California,
but
according
to
the
applicant,
the
grapes are sourced
from Monterey
County.
Theda
Giovanni wine label primarily sells wines
that
are sourced
from
Sonoma, California. The Planning Commission approval
staff report
, findings
of
approval, conditions
of
approval, and associated attachments are included
as
Attachment B. Representatives
of
the
Carmel Wine Walk by-the-Sea s
ubmitted
an
appeal
of
the
Planning Commission's decision on February 21, 2014. The appeal application
is
included
as
ttachment
A
to
th
is
staff
report
.
1
 
116
Analysis Discussion:
Planning Commission Review
and
taff
Analysis
This
Use
Permit
UP
13-17
was reviewed by
the
Planning Commission on
three
separate occasions between December
11, 2013
and March
11, 2014.
The
following
is
a summary
of the
three Planning Commission meetings. Planning Commission Meeting
12/11/13)-
The application was reviewed and continued by
the
Planning Commission with a request
that
1)
the
applicant reconfigure the
floor
plan and reduce
the
seating area
to
emphasize
the
retail component
of
the
business, and
2}
that the
wine shop feature a
Monterey
County winery
with
a Duplicate Type
02
license. The requirement
for
a
Monterey
County winery was based on
the
City s Wine Tasting Policy which states that:
Wines originating from Monterey County Vineyards
and
Wineries
and
locating their off-site tasting rooms in Carmel are desired
and
strongly encouraged.
Planning Commission Meeting
2/11/14)
-
The applicant reconfigured and reduced
the
size
of
the
seating area
to
comply
with
the
recommendations made by
the
Planning Commission at
the
previous meeting. The applicant also proposed a winery
that
had
an
affiliation
with
Monterey
County.
As
identified in
the
February
2014
Planning Commission staff
report
,
the
applicant had originally proposed
to
feature wine
from
Bernardus Lodge, which is located in
Monterey
County. However, Bernardus Lodge did not
intend
to
transfer its Duplicate Type
02
license
to
the
wine shop.
fter
the
staff
report
was distributed
to
the Planning Commission,
the
applicant proposed a different winery: Chateau
Marie
Antoinette. Chateau
Marie
Antoinette
is
located in Morgan Hill, California,
but
sources its grapes
from Monterey
County. The Planning Commission deliberated on the proposed
winery
and determined
that
Chateau Marie Antoinette would meet the recommendations
of
the
Wine Tasting Policy,
as
it
sources its grapes
from
Monterey
County. The Planning Commission also did
not
require
the
winery
to
have a Duplicate Type
02
license,
as
the
current policy does
not
require
it
.
2
 
117
Staff notes
that
Finding #8 was amended by
the
Planning Commission
to
state
that
: The proposed use is consistent
with
the
City's adopted Wine Tasting Policy, in
as
much
as
both labels use wine produced in
Monterey
County. Chateau Marie
Antoinette
Winery primarily sources grapes
from
Monterey
County, and
da
Giovanni includes some wines sourced in
Monterey
County. Special Condition
1
was also amended
to
state
that: Wine
sales and tasting shall
be
limited
to
wines
from
Chateau Marie
Antoinette Winery
and
da
Giovanni Cellars
.
Planning Commission
Meeting
3/11/14 -
Staff received a request
from
a Planning Commissioner on February
14, 2014,
to
schedule
the
project
for
a Reconsideration Determination. Pursuant
to
the
Planning Commission Rules
of
Procedure, any Commission member
who
voted on
the
prevailing side
of
a decision may request within five (5) working days
of
the
decision
that the matter
be reconsidered.
One
reason
for the
request
is
that the
Planning Commissioner wanted a
better
description
of
the
association between Chateau Marie Antoinette and
Monterey
County.
On
March 11,
2014,
the
Use
Permit
UP
13-17
was scheduled
for
a Reconsideration Determination. Upon hearing testimony
from
the
applicant and
from
the
public,
the
Planning Commission voted
not
to
reconsider the item. Staff notes
that
the
fact
that
the
City received
an
appeal, such
that the
application would be considered by
the
City Council, was factored into
the
Planning Commission's decision
not
to
reconsider
the
application.
Basis
f r
ppeal
The appellant, Carmel Wine Walk by-the-Sea,
is
comprised
of
several local wine tasting establishments. Below
is
a summary
of
the concerns raised by the appellant, along
with
staff responses.
1 We do not
w nt
to undermine the experience
of
tasting Monterey County wines
Response: The appellant has expressed concern
that
Chateau Marie
Antoinette
Winery
is
not
based in
Monterey
County, and
is
instead located in Santa Clara County. The appellant
has
indicated
that their
organization
has
worked
to
establish Carmel
as
a destination
for
3

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