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HomeMy WebLinkAbout20200423_PC_MinutesPlanning Commission Minutes April 23, 2020 7 of 9 ITEM NO. 5 iL FARRO CAFFE TRATTORIA USE PERMIT AMENDMENT (PA2019-162) Site Location: 111 21st Place Summary: A request to amend the currently effective Use Permit in order to change operational restrictions for an existing restaurant. The applicant specifically requests the following: (1) to change the allowed hours of operation to 6 a.m. to 1:30 a.m. daily with alcohol service not beginning until 11 a.m.; (2) to allow a happy hour prior to 9 p.m.; (3) to allow the sale of alcohol for off-site consumption on a limited basis with a Type 21 Alcoholic Beverage Control (ABC) License; and (4) to allow limited live entertainment. If approved, this Conditional Use Permit would supersede Use Permit No. UP3690 and Outdoor Dining Permit No. OD0032. Also, if approved, the operator is required to obtain an operator license from the Police Department pursuant to Newport Beach Municipal Code (NBMC) Chapter 5.25. 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. California Code of Regulations, Title 14, Division 6, Chapter 3 because it has no potential to have a significant effect on the environment; and 3. Adopt Resolution No. PC2020-010 approving Conditional Use Permit No. UP2019-050. Senior Planner Zdeba reported the project site is located in the heart of McFadden Square in a mixed-use zoning district. The Land Use Element designates McFadden Square as an entertainment hub, which should have a mixture of restaurants and entertainment-related uses. The site has historically been a restaurant. In 1998, the Planning Director approved an outdoor dining permit for the site, and in 2001 the Planning Commission approved a use permit for a Type 47 Alcoholic Beverage Control (ABC) license. Improvements to the restaurant have been primarily repair and maintenance with a few cosmetic upgrades that did not require a permit. Hours of operation for the indoor and outdoor dining areas are 11 a.m. to 12:30 a.m. daily from September to April and 11 a.m. to 1:30 a.m. daily from May to August. The project site provides no onsite parking, which is typical in the area, and shares public parking with other area businesses. Currently, live entertainment, dancing, and a happy hour are not permitted at the restaurant. The applicant proposes to change the hours of operation to 6 a.m. to 1:30 a.m., daily, year-round; not to sell alcohol before 11 a.m.; to offer a happy hour before 9 p.m. and live entertainment with amplified sound, which would cease by 11 p.m.; and to add a Type 21 ABC license for alcohol sales for off-site consumption. In consultation with the Police Department, staff recommends approval of the applicant's proposals with the exception of amplified sound, i.e., live entertainment would be limited to acoustic sets within the restaurant. Senior Planner Zdeba reported that facts supporting staff's recommendation include the restaurant operation has not been detrimental to the area; expanded hours will benefit patrons and visitors; the use is compatible with adjacent land uses; conditions of approval minimize potential impacts; and an operator license is required. Condition of Approval No. 21 addresses off-sale of alcohol as incidental to the restaurant use and not a liquor or convenience store. Condition of Approval No. 45 limits live entertainment to acoustic sets. The Police Department has no objection to the project if live entertainment is restricted to acoustic sets. Senior Planner Zdeba clarified that in the resolution, "not" should be deleted from Condition of Approval No. 15, and Condition of Approval No. 24 should be deleted as duplicate of Condition of Approval No. 19. Vice Chair Weigand noted a business with a Type 47 ABC license is required to obtain a Type 21 ABC license. Senior Planner Zdeba added that Condition of Approval No. 21 can be modified to limit the sale of alcohol to wine and to indicate alcohol sales shall remain incidental to the restaurant operation. Vice Chair Weigand indicated he could approve off-sale of beer and wine. Commissioners disclosed no ex parte communications. Chair Koetting opened the public hearing. Planning Commission Minutes April 23, 2020 8 of 9 Domenico Maurici, business owner, advised that customers repeatedly ask to purchase wine with takeout meals and by the bottle and to include live entertainment in private parties. Live entertainment will most likely be a DJ or one-man band. Seasonal hours are confusing for customers. In response to Vice Chair Weigand's questions, Mr. Maurici indicated a DJ or one-man band is sufficient live entertainment. Senior Planner Zdeba explained that the primary concern about amplified music is a house DJ entertaining at the facility. The business owner may apply for a special events permit, which would allow live entertainment with amplified sound for a private party as a temporary exception to the restriction. Mr. Maurici agreed to the proposed conditions of approval and the changes proposed during the meeting. In reply to Commissioner Kleiman's inquiries, Mr. Maurici related that there is a takeout window, but alcohol will not be sold through the window. Senior Planner Zdeba clarified that Condition of Approval No. 21 is more specific than Condition of Approval No. 42 regarding alcohol sales. Conditions of Approval Nos. 45 and 46 could be temporarily modified with a special events permit. Condition of Approval No. 48 is intended to preclude patrons in the outdoor dining area from handing alcoholic beverages to passersby. Enforcement of some of the conditions of approval recommended by the Police Department can be challenging, but the conditions of approval can be useful if there are complaints about an establishment. Charles Klobe believed the applicant should be allowed to offer live entertainment with amplified sound as an adjacent business has a permit for the same. Chair Koetting closed the public hearing. Vice Chair Weigand wanted to modify the conditions of approval to allow the applicant to offer some type of live entertainment. Motion made by Commissioner Ellmore and seconded by Commissioner Rosene to approve the staff recommendation with amendments to Conditions of Approval Nos. 15 (delete "not"), 21 (limit alcohol sales to beer and wine), and 24 (delete in its entirety). AYES: Koetting, Weigand, Lowrey, Ellmore, Klaustermeier, Kleiman, and Rosene NOES: None ABSTAIN: None ABSENT: None IX. STAFF AND COMMISSIONER ITEMS ITEM NO. 6 MOTION FOR RECONSIDERATION - None ITEM NO. 7 REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR MATTERS WHICH A PLANNING COMMISSION MEMBER WOULD LIKE PLACED ON A FUTURE AGENDA. Community Development Director Jurjis reported the City Manager will propose budget cuts for FY 2019-20 and 2020-21 at the April 28 Council meeting. On April 14, the City Council approved a professional services agreement with Kimley-Horn regarding the Housing Element Update, and work has begun. The Council also formed a Housing Element Update Advisory Committee, and its first meeting could occur in May. Chair Koetting congratulated Commissioner Ellmore on the recent birth of his son. ITEM NO. 8 REQUESTS FOR EXCUSED ABSENCES - None X. ADJOURNMENT – 9:12 p.m.