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, Associate Planner
SUBJECT:Title
Pursuant to City Council Direction on August 19, 2014, adopt Resolution No. 14-0063 Approving, Subject to Conditions, a Modified and Restated Use Permit for an Existing Restaurant/Bar ("Eating and Drinking Establishment") at the Property Located at 900 Manhattan Avenue (CEQA Categorical Exemption) (Continued from the September 2, 2014, City Council Meeting) (Community Development Director Thompson).
ADOPT RESOLUTION UPHOLDING PLANNING COMMISSION DECISION WITH REVISED CONDITIONS
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Recommended Action
RECOMMENDATION:
Staff recommends that the City Council adopt Resolution No.14-0063 with revised conditions of the Planning Commission approval for the modification of a Use Permit, and deny the appeal.
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FISCAL IMPLICATIONS:
There are no fiscal implications associated with the recommended action.
BACKGROUND:
The subject item was scheduled on the consent calendar for the September 2, 2014 City Council meeting and was carried over to the October 7, 2014 City Council meeting.
The current business operator for the 900 Club is in the process of taking over the operation of the Red Room. There will be no change to the operation of the business and all conditions of the Use Permit (Resolution No. 14-0063- Attachment 1) will still apply.
Public hearings were held by the Planning Commission in February and May regarding the revocation/modification of an existing use permit for a restaurant/bar located at 900 Manhattan Avenue due to numerous neighbors' complaints. The Planning Commission received public comment and approved the Use Permit adopting Resolution No. PC 14016 on May 14, 2014, with additional conditions and modifications to address the neighbors' concerns.
An appeal was filed on May 27, 2014 for the City Council to further consider additional conditions related to operating hours, requiring an entertainment permit, use of the rear door and noise mitigation. The appeal was scheduled for a public hearing on August 19, 2014. Per Chapter 10.100 of the City's Municipal Code, the City Council can make a decision on the appeal, either affirming or reversing the Planning Commission decision as well as add new conditions.
DISCUSSION:
The City Council conducted the public hearing, received public comment and upheld the Planning Commission's approval for the modification of the Use Permit. The City Council's approval was based on reviewing and affirming the evidence that the Planning Commission considered in approving the revised Use Permit. The City Council discussed the subject appeal, considered that no complaints had been filed since March 2014, and the business owner installed the required noise mitigation measures as stated in Resolution No. PC 14-06, Condition No. 15.
Overall, the City Council agreed that the Planning Commission heard substantial public comment during two public hearings, considered the neighbor's issues and directed staff to revise the conditions of the Use Permit to address their concerns. The City Council directed (3-2) staff to prepare a Resolution for final adopting with the following two revised conditions:
1) Condition No. 3 was revised to reflect that the security staff person be present from 9:30pm on Thursday, Friday and Saturday and any day there is a Special Event or Amplified Sound until all staff leaves. This is consistent with Condition No. 1, that was not revised, that states that staff may remain for one hour after closing time.
2) Conditions No. 6 and 9 were revised to require a Class I Entertainment Permit, with entertainment including but not limited to live bands, one or more performers of musicals or other acts, or amplified radio or pre-recorded music. In addition, entertainment shall only be permitted on the second floor on Thursday, Friday and Saturday, and on any day with a Special Event not to exceed a total of 18 days annually. Condition No. 6 continues to regulate background music.
There are also minor non-substantive change to Conditions 6, 7, 9-11, to reconcile and clarify these revisions discussed above.
CONCLUSION:
Staff recommends that the City Council adopt Resolution No. 14-0063 upholding the Planning Commission approval of a modification of a Use Permit with revised conditions and denying the appeal.
Attachment:
1. Resolution No. 14-0063