resolution approving revisions to the city’s wine tasting policy 03-03-15

8/9/2019 Resolution Approving Revisions to the City’s Wine Tasting Policy 03-03-15

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F CITY OF CARMEL-BY-THE-SEA

Council Report

March 3, 2015

To: Honorable Mayor and Members of the City CouncilDouglas J. Schmitz, City Administrator

From: Marc Wiener, Senior Planner

Subject: A Resolution approving revisions to the City’s Wine Tas

RECOMMENDATION: Adopt the Resolution to revise the City’s Wine Tasti

EXECUTIVE SUMMARY: On June 23, 2011, the City adopted a Wine

provide guidelines to assist the City with review of applications for wine ta

policy was developed based on recommendations from a Wine Tasting Roo

which worked with several stakeholders, including the Monterey Coun

Association and the Carmel Chamber of Commerce.

In recent years, the City has seen a marked increase in requests

establishments in the commercial district. There are currently 20 business

offer wine tasting, 15 of which are stand-alone wine tasting establishments

since the policy was adopted in 2011, a total 18 applications for wine t

submitted, and 11 of which have been approved. In response to the inc

wine tasting rooms, in October 2013, the Planning Commission directed

Room Subcommittee to reconvene in order to evaluate the current policy

appropriate revisions.

On March 25, 2014, the Planning Commission held a special meeting to

Wine Tasting Policy and the proliferation of requests for new wine tasti

Commission recommended that the City Council adopt a moratorium on Permits for new wine tasting establishments. On April 1, 2014, the City C

Urgency Ordinance (No. 2014-03) placing a 45-day moratorium on the

Permits for new wine tasting establishments. On May 6, 2014, the Cou

moratorium an additional 10 months and 15 days. The moratorium exp


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The Wine Tasting Subcommittee has drafted a revised Wine Tasting Policy,

as Attachment 2. The Planning Commission reviewed the revised policy on

2015, and unanimously recommended that the City Council adopt the propo

ANALYSIS/DISCUSSION:

Wine Tasting Policy Amendments: A list of the proposed revisions an

provided below followed by staff analyses.

Definition: A wine tasting room is a stand-alone establishment, in which th

of wine tasting should be is to encourage patrons to purchase wine for offoff-site. Establishments should not operate as a wine bar, where the prim

be for patrons to drink wine consume wine on premise other than for the

tasting. It is recognized that tasting rooms host occasional promotions and

encourage sales and marketing of wine for the education and developme

potential customers.

Staff Analysis: A definition has been added to the policy to clarify hoestablishment should operate. Staff notes that an emphasis has been place

being a stand-alone establishment, which indicates that a wine tasting est

not be combined with other uses such as art galleries, clothing stores, etc. T

recognizes that it is appropriate for wine tasting establishments to host o

events for the purpose of marketing and educating customers on wine. A p

events is included in Guideline #3 of the policy.

1. Wines originating from Monterey County Vineyards and Wineries and lotasting rooms in Carmel are desired and strongly encouraged. The tahave a Duplicate Type 02 ABC license of a primary Type 02 ABC licenswithin Monterey County. All wines stored, displayed, and offered for salhave been produced in a Type 02 Bonded Winery located in Monterevast majority (i.e. 75% or more) from grapes grown in Monterey County.

Staff Analysis: Over the past couple of years, the Planning Commission ha

to better ensure that tasting rooms in the City are representative of individua

located in Monterey County. The Commission has previously recommend

have a Duplicate Type 02 ABC license of a primary Type 02 ABC licens

located in Monterey County This proposed policy amendment more spe


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Staff Analysis: This amendment is proposed to modulate the number of

establishments and to encourage new establishments north of Ocean Ave

of the establishments are currently located south of Ocean Avenue, as de

included as Attachment 4. Staff notes that if an existing, permitted wine taswere to relocate, this would not count against the three per year limitation

event that a new wine tasting establishment was proposed to re-occupy

previously been occupied by another wine tasting establishment, this wou

against the three per year limitation, as long as the previous establishmen

elsewhere in the City.

The subcommittee had considered placing a City-wide cap on the nu

establishments. However, creating a cap could result in undesirable econo

Use Permits would run with the land, which can create an inequity in t

relationship. At this time, the subcommittee does not recommend institutin

Staff notes that the Planning Commission has recommended that the a

reviewed in one year from its adoption. The Commission may consider i

that time.

3. A wine tasting room may be permitted a limited number of special eventsthe Use Permit for the purpose of marketing and educating currcustomers on wine.

Staff Analysis: The Carmel Wine Walk has requested that the City recog

special events for purpose of marketing and educating potential

subcommittee supports this request with a requirement that the details

number of events be specified and approved through the Use Permit. The s

recommends that only a limited number of events be allowed annually (i.e

events per year). The Planning Commission requested that the subcomm

including a detailed description of the type of events that would occur.

developed as a separate effort and would establish guidelines for allowable

special events for existing wine tasting establishments. Only if an existwanted to conduct special events over and above the parameters esta

guidelines would the establishment need to apply for and receive approval

to the existing Use Permit. The requested number and type of special eve

be specified in the Use Permit’s Authorization.


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Staff Analysis: The amendment to Guideline #4 clarifies how the non-ta

space should be occupied and used. The amendment to Guidel

recommendation on the maximum allowed size of the tasting area. In th

opinion, tasting areas (bar and seating) larger than 1,000 sq ft have a high pand operate as a bar.

6. Tasting should only involve traditional wine based products such as stwines or Port-type products, no other alcoholic beverages should be peror purchased.

8. Light snacks such as cheese, crackers, and bread may be served appetizers and/or meals should are not be permitted.

Staff Analysis: The purpose of these proposed amendments is to better de

wine products and food are permitted to be served in a wine tasting establis

9. In order to encourage diversity and maintain a balanced mix of uses,

offering wine tasting should not be located directly adjacent to anotoffering wine tasting (not including restaurants). Generally, not nestablishments offering tasting should be permitted along within any oblock area as depicted in Figure 1.* For smaller blocks including Block73; or for other blocks in which these boundaries do not apply, the Planshall consider proposals on a case-by-case basis for conformance withdensity limitation.

Staff Analysis: The original Wine Tasting Policy limited the number of tastiwithin a “block” but did not include the areas at the ends of the blocks. Fo

the policy, a “block” was previously defined as all commercial spaces on

street located between the next two cross streets.

The subcommittee has re-defined the boundaries as a standard “two-bloc

the ends of the blocks. A figure was added to the policy to assist in defin

area”. The amended policy also provides guidance on other blocks in w

does not apply, such as Blocks 70, 71, 72, and 73. In addition, the s

eliminated the prohibition on having adjacent wine tasting establishments.

10. Night time hours should generally be limited to no later than 10:00 9:00 p


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Staff Analysis: The original policy included an allowance for combining wine

uses such as art galleries, clothing stores, etc. However, in an effort to main

of the Commercial District and prevent the proliferation of non-stand-aestablishments, the subcommittee is recommending that wine tasting be al

alone business only, as reflected in the Definition section of the policy.

Planning Commission Review

The proposed Wine Tasting Policy revisions were reviewed by the PlanninFebruary 14, 2015. The Commission supported all of the proposed chan

and recommended that the policy be reviewed by the Commission appro

from the date of adoption. As previously noted, the Commission also reque

Tasting Subcommittee prepare additional guidance for the number and ty

could occur as a special event. This guidance would not be included

amendment to the policy, but would be provided to and reviewed by the Pla

at a future meeting.

Environmental Review

This project is exempt from CEQA pursuant to Section 15061.b(3) of the CE

The proposed action is an amendment to an existing City policy and will not

potentially significant environmental impacts.

Alternative Options:

Based on the Planning Commission’s recommendation, staff recomme

Council adopt the Resolution to amend the City’s Wine Tasting Policy.

Council determines that additional revisions to the policy are needed, then

this item with direction given to staff. Substantial revisions to the policy

additional Planning Commission review prior to bringing this item back befor

FISCAL IMPACT:

The City collects a Use Permit application fee of $785.30 for new wine tastin

Policy Guideline #2 recommends limiting new Wine Room Use Permits to a

per year The amended policy would potentially reduce the revenue receiv


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PREVIOUS COUNCIL ACTION/DECISION HISTORY:

On April 1, 2014, the City Council adopted an Urgency Ordinance (No. 2014

day moratorium on the approval of Use Permits for new wine tasting establi6, 2014, the Council extended the moratorium an additional 10 months and

ATTACHMENTS:

Attachment 1 – Resolution Attachment 2 – Draft Amended Wine Tasting Policy

Attachment 3 – Original Wine Tasting Policy (dated 6/23/11) Attachment 4 – List and map of wine tasting establishments

Attachment 5 – Recent Correspondence

APPROVED:

____________________________________ Date: ____________

Douglas J. Schmitz, City Administrator


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RESOLUTION NO. 2015-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY APPROVING REVISIONS TO THE CITY’S WINE TASTING POLI

WHEREAS, The City of Carmel-by-the-Sea is a unique community thitself on its character; and

WHEREAS, the City has adopted a General Plan that provides clear

policies and objectives regarding maintaining and improving this community and

WHEREAS, the General Plan encourages preserving the economic inthe community, encouraging unique, quality commercial uses, and maintainiuses that are compatible with the character of the community; and

WHEREAS, the City Council recognizes the positive benefits that winuses can have for the community; and

WHEREAS, the City Council recognizes that if any commercial use bprevalent, that it could have a negative impact on the desired mix of commeand the character of the downtown; and

WHEREAS, the City adopted a Wine Tasting Policy on June 23, 2011

WHEREAS, over the last 12 months, the Planning Commission has cseveral workshops and hearings to consider certain refinements to the City’sTasting Policy; and

WHEREAS, the attached Wine Tasting Policy establishes basic critershould be considered by the City and applicants when wine tasting is proposto assist in maintaining consistency with the General Plan; and

WHEREAS, the adoption of the policy amendments is exempt from Cpursuant to Section 15061.b(3) of the CEQA Guidelines.

NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMOF THE CITY OF CARMEL-BY-THE-SEA does hereby adopt the attached


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SIGNED,

_________________Jason Burnett, Mayor

ATTEST:

__________________________________Lee Price, Interim City Clerk


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City of Carmel-by-the-Sea Wine Tasting Policy

(Adopted 6/23/2011, last revised 3/2/2015)Purpose

To establish guidelines for the review and approval of wine tasting facilities iCentral Commercial and Service Commercials Districts in the downtown.

Policy

The General Plan encourages a balanced mix of uses that serve the needs and non-local populations. The Planning Commission recognizes the demaestablishing wine tasting facilities but also recognizes that their proliferation impact the balanced mix of uses that the General Plan encourages.

Definition

A wine tasting room is a stand-alone establishment, in which the primary pu

encourage patrons to purchase wine for off-site consumption. Establishmennot operate as a wine bar, where the primary purpose would be for patrons twine on premise other than for the purpose of wine tasting. It is recognized rooms host occasional promotions and special events to encourage sales anmarketing of wine for the education and development of current and potentiacustomers.

The following standards are recommended and shall be considered by the PCommission in its review of wine tasting permits:

1. Wines originating from Monterey County Vineyards and Wineries andtheir off-site tasting rooms in Carmel are desired and strongly encourtasting room should have a Duplicate Type 02 ABC license of a prima

ABC licensed winery located within Monterey County. All wines storedisplayed, and offered for sale and tasting shall have been produced

02 Bonded Winery located in Monterey County with the vast majority more) from grapes grown in Monterey County.

2. No more than three wine tasting Use Permits for new locations shall bwithin any 12-month period. To encourage diversity in the Commerciretail wine tasting shops located north of Ocean Avenue are stronglyencouraged.


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5. In general, the size of the retail and wine tasting area combined (offic

storage excluded) should be no larger than 1,000 square feet.6. Tasting should only involve traditional wine based products such as s

sparkling wines or Port-type products, no other alcoholic beverages spermitted to be tasted or purchased.

7. The maximum serving size should be 2 ounces per serving. Customenot be permitted to drink bottles of purchased wine in the store and ntasting should take place on public property.

8. Light snacks such as cheese, crackers, and bread may be served; homeals are not permitted.

9. In order to encourage diversity and maintain a balanced mix of uses, than five establishments offering tasting should be permitted within antwo-block area as depicted in Figure 1.* For smaller blocks including 71, 72, and 73; or for other blocks in which these boundaries do not aPlanning Commission shall consider proposals on a case by case ba

meet the intent of this density limitation.10. 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 gallerstores, and the like is discouraged.

*For the purposes of this policy a “standard two-block area” block would incl

commercial spaces on both sides of a street located between the next two cThe cross streets at the end of the blocks are also included up to the mid-poblock.

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


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Dolores Street

7 t A v e

O

c e a n A v e


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Wine Tasting Policy(Adopted 6/23/2011)

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 balancethat the General Plan encourages. The following standards are recommended and sh

considered by the Planning Commission in its review of wine tasting permits:

Definition

A wine tasting room is a stand-alone establishment, in which the primary purposetasting should be is to encourage patrons to purchase wine for off-site consumption

Establishments should not operate as a wine bar, where the primary purpose would bto drink wine consume wine on premise other than for the purpose of wine tasting

recognized that tasting rooms host occasional promotions and special events to en

sales and marketing of wine for the education and development of current and po customers.

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

Commission in its review of wine tasting permits:

When Associated with Retail Wine Shops and off -site Wine Tasting Rooms:

1. Wines originating from Monterey County Vineyards and Wineries and locatsite 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 lwinery located within Monterey County. All wines stored, displayed, and o

sale and tasting shall have been produced in a Type 02 Bonded Winery loc Monterey County with the vast majority (i.e. 75% or more) from grapes gr

Monterey County.2. No more than three wine tasting Use Permits for new locations shall be iss


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4. In order to avoid the appearance of a bar, the wine tasting service and seatingenerally be limited to no more than 30% of the floor area of the retail space

remaining area should primarily consist of wine-related retail display. 5. In general, the size of the retail and wine tasting area combined (office an

excluded) should be no larger than 1,000 square feet.6. Tasting should only involve traditional wine based products such as still win

wines or Port-type products, no other alcoholic beverages should be permittetasted 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 allowed; h

appetizers and/or meals should are not be permitted.9. In order to encourage diversity and maintain a balanced mix of uses, one ret

offering wine tasting should not be located directly adjacent to another retailoffering wine tasting (not including restaurants). Generally, not no more th

establishments offering tasting should be permitted along within any one sta

block area as depicted in Figure 1.* For smaller blocks including Blocks 7

and 73; or for other blocks in which these boundaries do not apply, the PlaCommission shall consider proposals on a case by case basis that meet the

density limitation.10. Night time hours should generally be limited to no later than 10:00 9:00 p.m

11. Wine tasting associated with other uses such as retail food, art galleries, cl stores, and the like is discouraged.

When Associated with other Uses (Art Gallery, Clothing Store, etc.)

• All the standards listed above.

• Limited to retail spaces of 2,000 square feet or larger.

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

included up to the mid-point of each block.

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


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Dolores Street

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O c e a n A v e


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Wine Tasting Policy(Adopted 6/23/2011)

Purpose

To establish guidelines for the review and approval of wine tasting facilities in the CCommercial 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 establishintasting facilities but also recognizes that their proliferation could impact the balance

that the General Plan encourages. The following standards are recommended and shconsidered by the Planning Commission in its review of wine tasting permits:

When Associated with Retail Wine Shops and off-site Wine Tasting Rooms:

•

The primary purpose of wine tasting should be to encourage patrons to purchconsumption off-site. Establishments should not operate as a wine bar wher

purpose would be for patrons to drink wine.

• In order to avoid the appearance of a bar, the wine tasting service and seatingenerally be limited to no more than 30% of the floor area of the retail space

• Tasting should only involve traditional wine based products such as still winwines or Port, no other alcoholic beverages should be permitted to be tasted

• 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.

• Light snacks may be allowed, however, appetizers and/or meals should not b

• In order to encourage diversity and maintain a balanced mix of uses, one ret

offering wine tasting should not be located directly adjacent to another retailoffering wine tasting (not including restaurants). Generally, not more than

establishments offering tasting should be permitted along any one block*.

•

Night time hours should be limited to no later than 10:00 p.m.• Wines originating from Monterey County Vineyards and Wineries and locat

site tasting rooms in Carmel are desired and strongly encouraged.

When Associated with other Uses (Art Gallery, Clothing Store, etc.)

Attachment 4 List of Wine Tasting Establishments


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Approved shops in operation

# Name UP# Hours ofOperation

ABCLicense

YearApproved

StandAlone

(Y or

1 Vino Napoli 09-1 10 a.m.-10

p.m.

Type 42 2009 Y

2 Silvestri Vineyards 13-4 10 a.m.-10

p.m.

Type 02 2013 Y

3 Dawn’s Dream 13-15 12 p.m. – 7

p.m.

Type 02 2013 Y

4 Figge Cellars

(Winefield Gallery)

11-1 8 a.m.-

10 p.m.

Type 02 2011 N

5 Trio 11-21 Not

specified

Type 20

and 42

2012 N

6 Caraccioli Cellars 10-13 10 a.m.-10

p.m.

Type 02 2010 Y

7 Galante Vineyards 03-39 9 a.m.-

8 p.m.

Type 02 2003 Y

8 Manzoni Cellars 09-03 10 a.m.-10

p.m.

Type 02 2009 Y

9 Blair Vineyards 12-10 10 a.m.-

8 p.m.

Type 02 2012 Y

10 Shale Canyon 12-11 8 a.m.-

10 p.m.

Type 02 2012 Y

11 Nielsen’s Market Not

specifi

ed

Not

specified

Not

specified

Not

specified

N

12 Scheid Vineyard 11-11 8 a.m.-

10 p.m.

Type 02 2011 Y

13 Albatross Ridge 13-9 10 a.m.-

9 p.m.

Type 42 2013 Y

14 Wrath Wines 10-22 10 a.m.-

10 p.m.

Type 02 2010 Y

15 Paraiso Vineyards 13-22 11 a.m.-

7 p.m.

Type 02 2013 Y

16 Southern Latitudes 04 03 9 a m Type 42 2004 Y

Attachment 4 - List of Wine Tasting Establishments


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19 Windy Oaks 14-09 12 p.m. – 8

p.m.

Type 02 2014 Y

20 The Cheese Shop 06-10 10 a.m. – 7p.m.

Type 21and 42

2006 N

17


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1 2 3

4

5

6

7

8 9 10

14

12

11

13

16

15

17

200 ft

19

20

CouCouncil Agenda Packet for 3/3/15Page 151Council Agenda Packet for 3/3/15Page 154

Attachment 5 - Documents submitted by Wine Walk and CRA


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November 13, 2014

Robert A. Mullane, AICP

Planning CommissionersCommunity Planning and Building Director

City of Carmel-by-the-Sea

Department of Community Planning and BuildingP.O. Drawer G

Carmel-by-the-Sea, CA 93921

RE: Wine Tasting Policy Draft by Carmel Wine Walk™ and Carmel Reside

Association for review

Dear Rob and Commissioners,

The members of Carmel Wine Walk-by-the-Sea™ and the Carmel Residents A

prepared a revised suggested policies document for your review as you go forwformulating your wine Tasting Room Policies for the City of Carmel-by-the-Sea

The Carmel Wine Walk-by-the-Sea and the Board of Directors of the Carmel R Association believe that our proposed policies will enhance the visitor’s experi

protect the traditional character of our village. We have not reviewed the legal

these proposed policies but we hope that our joint effort will assist you in prep

that both protect and enhance the wine tasting industry that Carmel enjoys as

preserves the integrity of the lifestyle for which Carmel is celebrated.

Best regards,

Celeste White, white page communications (on behalf of the members of the C

Walk-by-the-Sea)

Barbara Livingston (on behalf of the Carmel Resident’s Association)

cc: The City Council of Carmel-by-the-Sea

The Carmel Wine Walk by-the-Sea supporting tasting rooms include the follow

Cellars Galante Vineyards Figge Cellars Vino Napoli Silvestri Vineyards Sch

c a r m e l

b y -Wine W

Attachment 5 Documents submitted by Wine Walk and CRA


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Council Meeting Date: 3/3/15

Agenda Item: 8.C

Council Agenda Packet for 3/3/15

Page 154

Council Agenda Packet for 3/3/15

Page 157

• It is common practice that Tasting Rooms host occasional promotion and special events to encourage

sales

and marketing

of

wine for the education and development ofcurrent and potential customers.

These may include cultural, social,

and

business events.

They may

also include food service including

food and wine pairings.

As

these are recognized as common and ordinary business practices, such

marketing events shall be allowed without additional permitting requirements.

• For the economic viability of he tasting rooms, residents, property owners and the City

of

Carmel-by

the-Sea there will be a mandatory cap

of

asting rooms at 15

in

the Carmel Business District

in

order to

ensure the density

of

asting rooms are stratified within Carmel Village.

For the purposes of his policy a block would include all commercial spaces on both sides of a street located between the next two

cross streets. For example, no more th n three wine tasting establishments should

be

permitted along San Carlos Street between

Ocean and Seventh avenues.

The CRA takes exception to a closing hour of lOp.m. and suggests the following: Sunday- Thursday, close at 6 Friday and

Saturday - close

at

8 p.m. Special events- close at I Op.m.