TO:
Honorable Mayor and Members of the City Council
THROUGH:
Mark Danaj, City Manager
FROM:
Richard Thompson, Community Development Director
Laurie Jester, Planning Manager
Angelica Ochoa, Assistant Planner
SUBJECT:Title
Appeal of Planning Commission Approval of a Modification of a Use Permit Due to a Revocation/Modification Hearing for an Existing Restaurant/Bar at 900 Manhattan Avenue (900 Club and Red Room) (Community Development Director Thompson).
CONDUCT PUBLIC HEARING AND DIRECT STAFF TO PREPARE A RESOLUTION UPHOLDING PLANNING COMMISSION DECISION
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Recommended Action
RECOMMENDATION:
Staff recommends that the City Council uphold the decision of the Planning Commission approving the modification to the existing Use Permit.
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FISCAL IMPLICATIONS:
There are no fiscal implications associated with the recommended action.
BACKGROUND:
A revocation/modification hearing was held by the Planning Commission on February 26, 2014 after numerous complaints were received over several years by the Police Department, Code Enforcement and the City Prosecutor. A complete public record of this meeting including the oversized and late attachments is posted on the City's website under the February 26 and May 14, 2014 Planning Commission meetings, and was previously distributed to the City Council on August 1, 2014.
The Planning Commission received public comment, discussed the subject item and closed the public hearing. The Planning Commission directed staff to revise the existing Use Permit Resolution clarifying and modifying the existing conditions to address the complaints and mitigate any impacts. On May 14, 2014, the Planning Commission received further public input, discussed the revised Resolution and conditions, and approved Resolution No. PC 14-06 with additional conditions and modifications.
Appeal
An appeal was filed on May 27, 2014 by Don McPherson, a resident. The appellant would like the City Council to consider additional conditions related to operating hours, requiring an entertainment permit, use of the rear door and noise mitigation. The Planning Commission discussed these issues in detail at their meetings of February 26 and May 14, 2014. The Planning Commission heard extensive public comment and approved the revised Resolution with conditions to address the neighbors' concerns and mitigate any issues.
The subject property is located at 900 Manhattan Avenue; the northeast corner of 9th Street and Manhattan Avenue. It is zoned CD, Downtown Commercial, as are the properties to the north, south, and west, which are developed with retail, offices and restaurant uses. The properties to the east and southeast across Bayview Drive, are zoned RM, Residential Medium Density, and are developed with single family and multi-family residential units. The existing multi-level building is currently a restaurant/bar (900 Club upstairs and Red Room downstairs) with live entertainment and an Alcoholic Beverage Control (ABC) Type 47 Full Alcohol Restaurant license.
DISCUSSION:
Overall, the Planning Commission supported the proposed modifications to the Use Permit and agreed that the revised conditions were clear and would aid in compliance and enforcement. The public comments related to ongoing noise violations from patrons and live bands, use of the back door (off of Bayview Drive) after 10pm, and operating after hours. The Planning Commission discussed each proposed condition and made additional changes to ensure the neighbor's complaints would be addressed such as the addition of a security guard, the back door not to be used after 10pm, limits to the number of special events with amplified sound, noise mitigation improvements, neighbor notification of amplified sound events, contacting the Police Department monthly for front and back door access code, and holding a follow up public hearing in one year to ensure all conditions are being met. The majority of the noise mitigation measures required by the Planning Commission Resolution have been implemented already. There have been no complaints on the business operations since March 2014.
The Planning Commission concluded that the revisions balanced the neighbors' concerns, with the business operations and the communities' support of the business to continue and be successful as part of the Downtown commercial area.
Pursuant to Chapter 10.100 of the City's Municipal Code, the City Council will conduct an appeal hearing to consider the Planning Commission's decision on this matter. Similar to a court of appeal, the Council acts as an appellate body and reviews the record to determine whether the Planning Commission's decision was based on substantial evidence in the record before it, when it made the decision. Like a court, the Council may make a decision on the appeal, either affirming or reversing the Planning Commission's decision. In addition, the Council can add new conditions of approval.
Staff is recommending that the City Council uphold the Planning Commission decision approving Resolution (PC No. 14-06), thereby denying the applicant's subject appeal.
Attachments:
1. Resolution No. PC 14-06
2. Appeal dated May 27, 2014 and supporting documentation dated August 8, 2014.