RESOLUTION NO. -17 (PC)

Transcription

1 RESOLUTION NO. -17 (PC) PLANNING COMMISSION 6.B.5. RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF WATSONVILLE, CALIFORNIA, DENYING SPECIAL USE PERMIT (PP ) TO ALLOW THE ESTABLISHMENT OF A RESTAURANT WITH BAR (TYPE 47 LICENSE) FOR APPLETON GRILL & EVENT LOUNGE LOCATED AT 410 RODRIGUEZ STREET (APN: ) Project: Appleton Grill & Event Lounge WHEREAS, on November 29, 2012, the Zoning Administrator approved an Administrative Use Permit (PP ) for the establishment of a restaurant with beer and wine sales (Type 41 license) for the Appleton Grill located at 30 West Beach Street (now 410 Rodriquez Street); and WHEREAS, on September 3, 2013, the Planning Commission of the City of Watsonville adopted Resolution (PC), approving Modification of Administrative Use Permit (PP ) by application PP to allow extended hours of operation and live entertainment for special events for Appleton Grill and Event Lounge at the subject site. Condition of Approval No. 13 was revised to require that any future use of the facility as a night club or restaurant with bar open to the public for entertainment uses without service of food shall require the modification of the Use Permit and acquisition of a Type 47 license in accordance with the City of Watsonville Alcohol Ordinance; and WHEREAS, on February 5, 2014, the City received a Use Permit modification application (PP ) to allow the sale of beer, wine and liquor (Type 47 license) for the Appleton Grill located at the subject site. This application was denied because of the required separation distances between certain establishments with alcohol licenses, pursuant to Section of the Watsonville Municipal Code (WMC); and

2 WHEREAS, on February 3, 2015, the Planning Commission of the City of Watsonville adopted Resolution (PC), approving Modification of Administrative Use Permit (PP ) to re-establish weekend hours and live entertainment for special events for Appleton Grill and Event Lounge at the subject site. Conditions of Approval Nos. 30 through 39 were added to the Use Permit regarding managers, security, age requirements, dress code, weapons, video cameras, parking, zero tolerance, and terms of the entertainment permit; and WHEREAS, on June 18, 2015, the City received a Major Variance application (PP ) for addition of Type 47 license and permanent entertainment permit for public events for Appleton Grill and Event Lounge located at the subject site; and WHEREAS, on September 1, 2015, the Planning Commission of the City of Watsonville adopted Resolution (PC), reviewing and approving the Modification of Administrative Use Permit (PP ) to allow the continued sale of beer and wine with limited entertainment for Appleton Grill at the subject site. However, the Major Variance application was not approved because the Appleton Grill did not meet all of the separation requirements between certain establishments with alcohol licenses; and WHEREAS, back in 2014, the City Council was considering the creation of an Arts and Entertainment District, which may have altered the separation requirements downtown to allow more businesses that serve alcohol and provide entertainment. In November 2015, the Planning Commission made a recommendation that the City Council re-initiate the process to consider establishing said Arts and Entertainment District. In November 2016, the City Manager s Office began work on a draft ordinance to amend the municipal code, which is anticipated to go to the City Council for consideration in fall 2017; and

3 WHEREAS, an application for a Special Use Permit (PP ) to allow the establishment of a restaurant with bar (Type 47 License) within an existing building located at 410 Rodriguez Street, Watsonville, California, was filed by Abdol Novin for Appleton Grill & Event Lounge, applicant and property owner; and WHEREAS, the 0.3-acre site is located downtown on land designated Central Commercial (CC) on the General Plan Land Use Map and is in the Central Commercial Core Area (CCA) Zoning District. The site is developed as a four-story building, and, as shown on the Site/Floor/Exit Plan, the Appleton Grill & Event Lounge comprise much of the ground level, with entrances at the corner of Rodriguez and West Beach Streets and two more along Rodriguez Street. The existing restaurant is within tenant area A, which has a bar counter for the sale of beer and wine accompanying the purchase of food. The Event Lounge area is within tenant areas B and C, and has a separate bar area in the northern corner of tenant area C ; and WHEREAS, the restaurants are an allowed use for land designated CC on the General Plan Land Use Map. A restaurant with bar within the CCA Zoning District is conditionally allowed, subject to approval of a Special Use Permit and required findings; and WHEREAS, the City s Alcohol Ordinance (WMC Chapter 14-25) regulates the location and operation of alcohol establishments within the City. This chapter is intended to reduce the existing and potential for alcohol-related problems by regulating the use, operation and location of new establishments selling alcoholic beverages in relation to one another and their proximity to sensitive uses and facilities customarily to be used by children and families; and

4 WHEREAS, the project does not meet all distance requirements, pursuant to WMC Section , and therefore is ineligible for consideration for issuance of a Special Use Permit; and WHEREAS, the project site is within 500 feet of a restaurant with bar (Type 47 license) located at 323 Main Street and a convenience store with beer and wine sales (Type 20 license) located at 329 Rodriguez Street; and WHEREAS, these on- and off-sale alcohol establishments preclude Appleton Grill & Event Lounge from obtaining a Type 47 license to establish a restaurant with bar, because a consistency finding with the separation requirements of the Alcohol Ordinance cannot be made for a restaurant with bar; and WHEREAS, pursuant to WMC Section , the Planning Commission, and the City Council on appeal, shall have no authority to vary, modify or waive any of the regulations or standards prescribed for any use for which a Special Use Permit is required. A request for a waiver or Variance from the separation requirements, as established in WMC Section , is beyond the limits of Planning Commission, and the City Council upon appeal, authority. For the Planning Commission to consider approving a request to establish a restaurant with bar at 410 Rodriguez Street, the City Council would first have to amend the City s municipal code; and WHEREAS, notice of time and place of the hearing to consider approval of the Special Use Permit (PP ) was given at the time and in the manner prescribed by the Zoning Ordinance of the City of Watsonville. The matter called for hearing evidence both oral and documentary introduced and received, and the matter submitted for decision; and WHEREAS, the Planning Commission has considered all written and verbal evidence regarding this application at the public hearing and cannot make the required

5 findings in support of the Special Use Permit (PP ) to allow the establishment of a restaurant with bar (Type 47 License) at 410 Rodriguez Street, Watsonville, California, and the Planning Commission, and the City Council upon appeal, cannot vary, modify or waive the separation requirements for alcohol-sales establishments, as established in WMC Section NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Watsonville, California, as follows: Good cause appearing, therefore, the Planning Commission of the City of Watsonville does hereby deny approval of the Special Use Permit (PP ), to allow the establishment of a restaurant with bar (Type 47 License) at 410 Rodriguez Street, Watsonville, California. I HEREBY CERTIFY that the foregoing Resolution was introduced at a regular meeting of the Planning Commission of the City of Watsonville, California, held on the 7th day of March, 2017, by Commissioner, who moved its adoption, which motion being duly seconded by Commissioner, was upon roll call, carried and the resolution adopted by the following vote: Ayes: Noes: Absent: Suzi Merriam, Acting Secretary Planning Commission, Chairperson Planning Commission