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HomeMy WebLinkAbout20200423_PC_MinutesPlanning Commission Minutes April 23, 2020 5 of 9 Jim Mosher inquired about the deviation of the sign on the rear of the building, the ability of the business owner to alter the text of the proposed heritage sign, and the location of bicycle parking. Charles Klobe supported The Crab Cooker restaurant and Mr. Mosher's written comments. Chair Koetting closed the public hearing. At Vice Chair Weigand's request, Senior Planner Zdeba summarized Mr. Mosher's written comments. Motion made by Commissioner Ellmore and seconded by Commissioner Kleiman to approve the staff recommendation. AYES: Koetting, Weigand, Lowrey, Ellmore, Klaustermeier, Kleiman, and Rosene NOES: None ABSTAIN: None ABSENT: None ITEM NO. 4 501 PARK AVENUE RESTAURANT (PA2019-238) Site Location: 501 Park Avenue Summary: An amendment to an existing conditional use permit to upgrade the current ABC license from a Type 41 (On-Sale Beer and Wine-Eating Place) to a Type 47 (On-Sale General) for an existing restaurant and to extend the hours of operation from 7:00 a.m. to 9:00 p.m. daily to 7:00 a.m. to 10:00 p.m. daily. The applicant also requests a continuation of a previously approved off-street parking reduction. If approved, this Conditional Use Permit would supersede Use Permit No. UP2014-009. Recommended Actions: 1. Conduct a public hearing; 2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines because it has no potential to have a significant effect on the environment; and 3. Adopt Resolution No. PC2020-009 approving Conditional Use Permit No. UP2019-053. Associate Planner David Lee reported the applicant seeks to upgrade its Type 41 Alcoholic Beverage Control (ABC) license to a Type 47, to change the hours of operation from 7 a.m. to 9 p.m. daily to 7 a.m. to 10 p.m., and to continue the previously approved parking waiver. The restaurant was established in 1961. The property is zoned mixed use, and apartments are located above the restaurant. Nearby uses include mixed, residential, Balboa Island Park, and the ferry. The existing restaurant offers a dining area, a wine bar, a coffee bar, a takeout area, and outdoor dining. The property provides three off-street parking spaces for the restaurant and a nonconforming garage parking space for the residential units. The applicant does not propose any physical alterations to the building but does propose to reduce the number of seats from 95 to 86. The parking requirement for the site is 27 spaces, and in 2014 the Planning Commission approved a waiver of 23 spaces and due to a mathematical error, it should have been 24 spaces. Because there has been no increase in floor area or number of seats, and the apparent lack of detrimental conditions with the existing operation, staff recommends the Planning Commission approve the continuation of the previously approved parking waiver including the additional space (24 total). The restaurant is located in a residential neighborhood and seeks to serve local residents. The Police Department has no objection to an upgrade of the ABC license or change in operating hours. Associate Planner Lee requested the Planning Commission add conditions of approval regarding maintenance of the existing parking lot and employee parking, if the Commission chooses to approve the project. Commissioners disclosed no ex parte communications. Chair Koetting opened the public hearing. Planning Commission Minutes April 23, 2020 6 of 9 Dan Miller, business owner, advised that the business is operating successfully. The change in license and hours of operation will better serve the community. In response to Chair Koetting's questions, Mr. Miller indicated the garage is too small for a car and is used for storage. Beer and wine are served to tables. The bar area has five seats. With Daylight Savings Time, customers are dining later in the evening, and the extended hours of operation will enhance diners' experience. In reply to Commissioner Kleiman's inquiries, Mr. Miller related that diners are requesting hard liquor as part of a complete dining experience. The restaurant can be more competitive with the addition of hard liquor sales. He estimated food sales exceed alcohol sales. The reduction in seats resulted from an accurate count of seating rather than a modification of seating. The license upgrade will benefit the restaurant and the community. Neighbors have not complained to him about noise or expressed concerns about a 10 p.m. closure. Customers and neighbors who have spoken with him are supportive of the changes. In his eight years on Balboa Island running the Village Inn, he has shown integrity in meeting obligations. Jim Mosher noted the garage does not serve as parking for the residential units and questioned the number of waived parking spaces and the location of parking for the residential units. Chair Koetting closed the public hearing. Chair Koetting remarked regarding the history of missteps at the site and hoped no future variances would be needed. In answer to Vice Chair Weigand's query, Associate Planner Lee advised that he has not received any complaints about Village Inn. Commissioner Kleiman expressed a general concern about alcohol licenses and recognized the current economic difficulties facing restaurants. The restaurant likely needs a license upgrade to compete with other restaurants on Balboa Island. She expressed concern regarding noise from the bar and outdoor dining customers. Residences surround and are in close proximity to the restaurant. She proposed approval of the staff recommendation with the exception of extended hours of operation. At Chair Koetting's request, Mr. Miller indicated he has read and agrees to the conditions of approval including the two staff proposed during the presentation. Associate Planner Lee informed the Planning Commission that, when reviewing the project, staff was not aware of the garage being used for storage rather than parking. Approval of the parking waiver would require the applicant to return the garage use to parking as it was not part of the parking waiver analysis or request. In response to Chair Koetting's inquiry, Associate Planner Lee advised that the nonconforming garage measures 16 feet, 10 inches deep and approximately 11 feet wide. Based on the plans and the proposal, the garage could be used for parking of a small vehicle. The plans reflect three onsite parking spaces and one garage parking space. A condition of approval requiring use of the garage for parking can be added to the resolution. Community Development Director Seimone Jurjis reported Peter Paley provided written comments late in the day and requested staff read the comments during the meeting. Mr. Paley's comments have been provided to Commissioners. The applicant indicated his acceptance of the additional condition of approval for the garage. Motion made by Secretary Lowrey and seconded by Commissioner Ellmore to approve the staff recommendation with the three conditions of approval presented during the meeting. AYES: Koetting, Weigand, Lowrey, Ellmore, Klaustermeier, and Rosene NOES: Kleiman ABSTAIN: None ABSENT: None