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ONE-YEAR REVIEW OF THE USE PERMIT FOR A LOUNGE WITH THE ON-SALE OF GENERAL ALCOHOLIC BEVERAGES AT 2333 PACIFIC AVENUE (P17-0431)
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RECOMMENDATION
It is recommended that the Planning Commission approve a motion to carry out Condition No. 21 of Planning Commission Resolution No. 2017-08-10-0502 requiring a one (1) year review of Use Permit P17-0431.
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Summary
On August 10, 2017, the Planning Commission approved Resolution No. 2017-08-10-0502 resulting in modifications to Use Permit P09-038 intended to address issues of excessive noise and nuisance activities (Attachment A - Planning Commission Staff Report, 8-10-2017; and Attachment B - Planning Commission Resolution, 2017-08-10-0502). This resolution included a monitoring requirement consisting of Planning Commission review at a six-month and 12-month time increment.
On May 24, 2018, the Planning Commission conducted a six-month review (Attachment C - Planning Commission Staff Report, 5-24-2018). At the conclusion of the review, the Planning Commission passed a motion authorizing the business to continue operations and return for review at the prescribed 12-month timeframe.
Since the six-month review, a total of thirteen (13) calls for service occurred between May 1, 2018 and August 31, 2018. Three (3) calls were due to a noise/disturbance but did not result in a crime report. Further, Community Development Department staff have not received any complaints regarding excessive noise from the surrounding neighbors. As a result, staff recommends that the Planning Commission complete the one (1) year review to allow the applicant to continue the operation of the bar with the on-sale of general alcoholic beverages.
DISCUSSION
Background
In 2009, a Use Permit P09-038 was approved to allow a lounge with on-sale of general alcoholic beverages and live entertaining at 2333 Pacific Avenue (“Ave on the Mile”). Beginning in July 2016 and through approximately April 2017, the business came under scrutiny for violations related to excessive noise and nuisance activities. This culminated in a public hearing before the Planning Commission on August 10, 2017. Resolution No. 2017-08-10-0502 modified the permit’s conditions and imposed a compliance monitoring requirement for 6-month and 12-month time increments.
On May 24, 2018, the Planning Commission conducted the required 6-month review. Notice was not sent to the surrounding property owners for the 6-month review, consistent with the normal process for compliance monitoring reviews. The applicant and his supporters appeared at the meeting and spoke in support of their business. They described the following improvements for the reduction of music volume from the premises.
1. Completed the sound-proofing of front and back doors in the building and implemented lower music volumes after 10:00 p.m. when the live entertainment is being provided.
2. Use Identification scan device to verify each patron’s age before entering the premises.
3. Take a proactive approach in following up with the neighbors to ensure that the music volume from the bar does not disturb the surrounding neighborhood.
4. Provide security guards to monitor the premises including the kitchen and restrooms when the live entertainment is being provided.
At the end of the 6-month review, the Commission passed a motion authorizing the business to continue operations and return for review at the prescribed one-year timeframe. The Commission also requested that the surrounding property owners be provided notice of the 12-month review when it occurs.
Present Situation
For the current 12-month review, staff contacted the Police Department regarding any 9-1-1 calls for service (CFS) for excessive noise violations and nuisance activities from the subject site. According to the Police Department, the subject business had a total of thirteen (13) 9-1-1 calls for service between May 1, 2018 and August 31, 2018 (Attachment D - 9-1-1 Calls For Service Statistics). Three of the thirteen (13) calls for service were for disturbance and loud music and did not result in a crime report because it is within the responding Police Officer’s discretion to decide whether a call for service warrants a crime report. The remaining ten (10) calls for service were related to drunk in public, business burglary, photo request, ambulance requested, suspicious person, and 911 call hang-up. Further, as of the writing of the staff report, staff has not received any complaints regarding an excessive noise volume from the bar.
Public Comments
At the six-month review, the Commission required a notification to the surrounding property owners for a one-year review of the Use Permit. As a result, a public notice was provided via newspaper legal ad and mail to residents within 300-feet of the subject site at least 10 days before the hearing on this item.
Conclusion
Based upon the public testimony at the one-year review, staff recommends that the Planning Commission complete the one (1) year review to allow the applicant to continue the operation of the bar with the on-sale of general alcoholic beverages. Alternatively, if the Planning Commission requests continued and/or different oversight over the business, a motion to schedule for the Revocation and Modification of the Use Permit under Stockton Municipal Code (SMC) Chapter 16.108 may be made.
Attachment A - Planning Commission Staff Report, 8-10-2017
Attachment B - Planning Commission Resolution, 2017-08-10-0502
Attachment C - Planning Commission Staff Report, 5-24-2018
Attachment D - 9-1-1 Calls For Service Statistics
This staff report was prepared by Senior Planner Jenny Liaw, (209) 937-8316; jenny.liaw@stocktongca.gov.