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Agenda Item 8.
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| Planning Commission |
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| Subject: |
| Conditional Use Permit No. CUP 20-14, an Amendment to Conditional Use Permit No. CUP 00-16 To Allow an Expansion to an Existing Restaurant with Alcoholic Beverage Sales at 330 West Birch Street, in the MU-I (Mixed Use) Zone. |
| REQUEST |
| The Applicant, Douglas Vincent, is requesting a Conditional Use Permit (CUP) to amend CUP No. 00-16 to allow a 644 square-foot indoor speakeasy and outdoor dining patio expansion to an existing restaurant with alcohol sales at 330 West Birch Street, in the MU-I (Mixed-Use) zone. |
| RECOMMENDATION |
Staff recommends that the Planning Commission take the following actions:
1. Find the project exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA guidelines Section 15301 (Class 1, Existing Facilities); and,
2. Approve CUP No. 20-14 subject to the recommended conditions of approval (Attachment B) and based on the findings and conclusions in the attached resolution (Attachment A). For tracking purposes, a new CUP No. was issued.
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| BACKGROUND/DISCUSSION |
BACKGROUND
In December 2000, the Planning Commission approved a CUP No. 00-16 to allow the on-site sales of alcoholic beverages in conjunction with a restaurant. The current restaurant, Macallans Public House, offers a wide range of food and beverage items from its menu. Macallans Public House is an approximately 4,900 square-feet and has an existing 560 square foot outdoor dining patio. In 2002, the business obtained an Encroachment License Agreement for a 560-square-foot outdoor dining patio area within the public-right-of-way. Macallans Public House obtained approval of an Entertainment Permit on November 6, 2019, that was valid for a one-year period. Due to limitations of indoor dining and prohibition of any entertainment set by the COVID-19 Industry Guidance for Dine-In Restaurants, the applicant elected to not renew their Entertainment Permit. At a future date, the applicant will reapply for an Entertainment Permit when the COVID-19 Industry Guidance allows entertainment. The hours of operation for Macallans Public House are Monday thru Thursday from 3:00 P.M. to 11:00 P.M., Friday from 11:00 A.M. to 2:00 A.M., Saturday from 11:00 A.M. to 2:00 A.M. and Sunday from 9:30 A.M. to 11:00 P.M.
PROJECT DESCRIPTION
The project site is located at 330 West Birch Street, directly south of the intersection of Birch Street and Madrona Avenue, within Downtown Brea. Downtown Brea is located within the Mixed-Use Zone and offers a wide range of uses includes, but not limited to restaurants, specialty retail and professional office uses. Macallans Public House is proposing to expand their business by incorporating the vacant 644 square foot tenant space next door for a speakeasy and a 337 square foot outdoor dining patio expansion (Attachment D). Exhibit 1 below provides an illustration of the proposed improvements.
The proposed 644 square-foot interior expansion will function as a private ‘speakeasy’ (Attachment B). Historically speakeasy’s were illicit establishments that came into prominence in the United State during the prohibition area in the 1920’s. During that time the sale, manufacturing and distribution of alcoholic beverages was illegal throughout the country. Currently, the term is used to described retro style bars that operate as secret locations and provide for a unique customer experience. Customers can continue to enjoy existing items from Macallans Public House food and drink menu, along with cigars within the proposed speakeasy. The speakeasy will require a membership and will not be accessible to the general public.
DISCUSSION
Pursuant to the Brea Municipal Code (BMC) Section 20.258.010.F, restaurants with alcohol sales are allowed in the MU-I Zone subject to Planning Commission approval of a CUP. The proposed project involves an expansion into an adjacent vacant tenant space, and will not extend beyond the existing building foot print. A new secret doorway will operate as the entrance to the speakeasy from the existing dining area. Within the speakeasy, the Applicant is proposed new flooring, wall paper and paint, lounge furniture, and a portable bar. Additionally, a commercial grade humidor for the storage of the cigars and a self-contained air cleaning system for the cigar smoke will be installed (Attachment E).
In addition, the outdoor dining patio expansion will be in two different sections, one new portion on the west (patio expansion A) of approximately 177 square-feet, and a second expansion portion on the east (patio expansion B) of approximately 160 square-feet (reference Exhibit 1). Additional exterior improvements include a new awning to be installed over the outdoor patio expansions to provide consistency between existing building façade. The outdoor patios would be enclosed by a metal railing that would match the existing decorative wrought iron railing. There are no architectural changes to the existing building façade and no signage is proposed for the speakeasy. The Applicant is not proposing any modifications to the existing hours of operations for the restaurant. The proposal outdoor patio expansion will be contiguous to the existing outdoor patio. Within the vicinity, there are numerous restaurants with outdoor dining patios and the proposal is consistent with the existing elements in the neighborhood.
Downtown Brea is a pedestrian oriented area, and the proposed project will continue to provide a dining experience compatible with surrounding by uses that include restaurants with service of alcohol beverages, retail, personal and professional services. The restaurant is located within the downtown parking district that has several parking structures made available to patrons visiting Downtown Brea. Staff has included a condition of approval (Attachment B) that requires the regular service of the air cleaning system to prevent any smoke from spilling out into the public right of way. Additionally, the smoking of cigars is limited to the interior speakeasy only and is not permitted in any outdoor dining patio area. No entertainment is proposed at this time and any entertainment will require review and approval of an Entertainment Permit Application by the Planning Division.
With the draft conditions of approval, the expansion of the existing restaurant would not be detrimental to the surrounding uses in Downtown Brea, and would provide a unique customer dining experience. The proposed project would be consistent with the goals and policies of the Downtown Brea Focus Areas of the General Plan. Based on the proposed operations in relation to the expansion of the existing restaurant with alcohol service, staff does not anticipate any negative impacts to adjacent properties.
PUBLIC NOTICE AND COMMENTS
This project was noticed in accordance with the City’s public noticing requirements, which involved mailed notices and publication in the local paper. The public hearing notice for this project is provided as Attachment G. As of the writing of this report staff has received an email in opposition from a resident that lives north of Macallans Public House (Attachment I). |
| ENVIRONMENTAL ASSESSMENT |
| This project has been assessed in accordance with the CEQA guidelines, and the environmental regulations of the City. Upon review, the proposed project qualifies for a Class 1 Categorical Exemption (Existing Facilities) in accordance with the requirements of Section 15301 of the state CEQA guidelines. This exemption is applicable to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, involving negligible or no expansion of existing or former use. |
| RESPECTFULLY SUBMITTED |
Jason Killebrew, City Planner
Prepared by: Jose Barriga, Associate Planner |
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