31A - CUP - 300 N MAIN ST - Laserfiche WebLink

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CUP No. 2012 -18 December 9, 2013 Page 2 Proiect Background On August 15, 2012 the Zoning Administrator approved Conditional Use Permit (CUP) No. 2012 -19 for a Type 47 ABC license for the Little Sparrow, dba Floral Park, LLC, at 300 North Main Street. On September 10, 2012, CUP No. 2012 -18 for after -hours operation and CUP No. 2012 -20 for a banquet facility, as well as CUP No. 2012 -19 were presented to the Planning Commission for approval, A motion was made to approve the conditional use permits, and the motion failed; essentially, no action was taken and an impasse was declared. Per the Planning Commission bylaws, when an impasse is reached, the Chairman can ask the applicant if they would like the item continued or receive a denial. The applicant, Bruce Marsh, requested a continuance of the CUP for the ABC license. The Planning Commission then voted to approve CUP No. 2012 -18 for after -hours operation and CUP No. 2012 -20 for a banquet facility use, as well as CUP No. 2012 -19 (b) for a Type 58 ABC license for catering. On September 17, 2012, the City Council agenda included CUP No. 2012 -19 (a), Type 47 ABC license for serving beer, wine, and spirits for discussion. However, no action could be taken by the City Council until the Planning Commission had taken an action of either denial or approval. The project was then remanded back to the Planning Commission for a hearing at the October 8, 2012 meeting. At the October 8, 2012 Planning Commission meeting, the applicants Bruce Marsh and Naseem Aflakian voluntarily relinquished their previous approval of CUP No. 2012 -18 for after -hours operation subject to the approval of CUP No. 2012 -19 for a Type 47 ABC license. The Planning Commission requested the applicants return in six months to seek approval of the after -hours CUP. The building at 300 North Main Street had been vacant since 1997 and was in an advanced state of disrepair. The building owner and the applicants have done extensive structural repairs, updated the electrical system, and have rehabilitated the building exterior. The suite has historically been used as a cafe. The Little Sparrow cafe has been in operation for seven months, and has met with critical acclaim. They were given positive reviews by several media sources (Exhibit 4), and has a growing following. General Plan and Zoning Consistency The General Plan land use designation for the site is District Center (DC). District Center land use districts provide highly visible and accessible commercial development along the City's arterial transportation corridors and provide important neighborhood facilities and services. The project site is consistent with this General Plan land use designation. The parcel is located within the Transit Zoning Code (SD -84) zoning district in the Downtown (DT) sub -zone. The SD -84 zoning district allows for service and retail uses such as a restaurant. Further, the zoning allows for after -hours operation with the issuance of a conditional use permit. This project is consistent with the SD -84 zoning designation. 31A-4