PC MINUTES 01/13/2014 - Laserfiche WebLink

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3. CONDITIONAL USE PERMIT NO. 2013 -50 AND CONDITIONAL USE PERMIT NO. 2013 -51 Filed by Joe Castro representing JL Castro Enterprises, LLC, is requesting approval of conditional use permits for a Type 41 Alcoholic Beverage Control (ABC) license for the on premise sale and consumption of beer and wine and to allow extended hours of operation at the Barrel Room restaurant at 324 West Fourth Street, Unit A, located in the Transit Zone - Downtown (SD -84) zoning district. PUBLISHED IN THE ORANGE COUNTY REPORTER: January 3, 2014 PUBLICLY NOTICED: January 2, 2014 RECOMMENDATION 1. Adopt a resolution approving Conditional Use Permit No. 2013 -50 as conditioned. 2. Adopt a resolution approving Conditional Use Permit No. 2013 -51 as conditioned. Senior Planner Verny Carvajal presented the staff report and recommendation. The public hearing was open. Dave Hoen spoke in support of the project. Representing the applicant, Michael Cho, attorney with Palmieri, Tyler, Wiener, Wilheim & Waldron stated this is the first wine bar in the City, discussed the restaurants hours of operation and closure time of 2:00 a.m. Mr. Cho requested clarification on Condition No. 11 with regards to exterior advertising of alcohol and noted that the business name and logo included the word "cafe ", wine - tasting, wine and incorporated a logo of a wine glass. Assistant Attorney Hodge stated that any window signage must comply with SMAC Chapter 41 and cannot be waived. Mr. Cho referred to the 25% maximum logo restriction and indicated that the wine glass logo is approximately three feet in design. Applicant requested to waive Condition No. 25 — 'The sale of alcoholic beverages for consumption off the premises is strictly prohibited ". The public hearing was closed. Commission discussion ensued regarding the neighborhood awareness understanding the distinction between a restaurant and a liquor store with regard to the off - premise sale of alcohol in less than 16 oz. containers. Vice Chairman Mill re- opened the public hearing. Mr. Cho requested eliminating "drop- safe" requirement from Condition No. 21. Mr. Carvajal indicated that is already an option within the condition. The public hearing was closed. MOTION: 1. Adopt a resolution approving Conditional Use Permit No. 2013 -50 as conditioned. The Planning Commission modified Condition No. 11 to allow applicant to use "wine glass logo' as window advertisement within the parameters of the SAMC. 2. Planning Commission modified Condition No. 21 to require a standard safe for the establishment. 3. Planning Commission modified Condition No. 25 to allow the sale of alcoholic beverages for consumption off the premises. 4. Planning Commission modified Condition No. 26 to remove "but must be sold in pre - package multi -unit quantities" from the condition of approval. Planning Commission Minutes 4 January 13, 2014