SUBJECT: APPEAL OF PLANNING COMMISSION DECISION DENYING AMENDMENT TO CONDITIONAL USE PERMIT AMENDMENT NO. 96-11 - HENNESSEY'S TAVERN.

LOCATION: 8 PIER AVENUE

APPELLANT: CITY COUNCIL

REQUEST: APPEAL OF PLANNING COMMISSION DECISION DENYING AMENDMENT TO AN EXISTING CONDITIONAL USE PERMIT TO ELIMINATE PROHIBITION OF ROOF DECK SPEAKERS AND TWO BARS IN THE PROJECT EXPANSION AREA.

Recommendation:

That the City Council reverse the decision of the Planning Commission approving amendment to Conditional Use Permit (CUP) Amendment No 96-11.

Background:

On November 21, 1996, the Planning Commission denied the original request to modify the Conditional Use Permit for the subject project indicating that it was inappropriate for the location and incompatible with surrounding commercial activities along Pier Avenue and the downtown district. The Commission expressed concern about two bars in the expansion area of the restaurant noting that the additional bars could result in the project being more like a bar than a restaurant.

On February 20, 1996, the Planning Commission approved the Conditional Use Permit Amendment, Parking Plan and recommendation to accept in-lieu parking for the expansion of Hennessey's Tavern based upon a new plan submittal which eliminated two bar areas originally shown in the project plans. The project was substantially completed in September 1996 and temporary occupancy permits were issued to allow the business to open in a timely manner. At that time, staff noted that the bar areas eliminated on the plans were constructed in violation of the CUP. Staff notified the owner of the option to remove the bar areas or modify the CUP to eliminate the inconsistency with the project approval. The owner pursued a modification of the CUP, however, the application was denied by Planning Commission on January 21, 1997 with a 2:2 vote.

Analysis:

Hennessey's Tavern is one of the downtown's best revitalization projects. The project is highly successful and there have been no problems with the additional bar areas or operation of the business. The restaurant has been open for six months without any complaints. The project Conditions of Approval also precluded amplified noise (speakers) on the roof deck to minimize noise impacts for residential properties to the north of the project. The business operator had been seeking to provide speakers on the roof deck in addition to allowing the two bar areas not approved under the CUP. The Planning Commission denied the applicant's CUP modification request because the business owner was trying to obtain an approval after making improvements in violation of the CUP. The business owner has indicated that the plans were modified pursuant to Commission direction, but that there had been a misunderstanding and that alcohol was not precluded under the project Conditions of Approval and that it was not his intent to eliminate the additional bars from the restaurant. The Planning Commission denied the applicant's request twice and clearly denied the additional bar areas in the project approval1 . However, the business owner has demonstrated over the past six months that the business is well run and there are no complaints in connections with the restaurant. Therefore, based upon the record of operation for the business, staff recommends that the Council reverse the decision of the Planning Commission and approve the subject CUP Amendment.

Notes 1. Condition No. 1:

The development and continued operation of the property shall be in conformance with submitted plans.