REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Oliver Chi, City Manager
PREPARED BY: Ursula Luna-Reynosa, Director of Community Development
Subject:
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Public Hearing to Consider Appeal by Councilmember Posey of the Planning Commission's approval of Entitlement Plan Amendment (EPA) No. 21-001 (Killarney's Rooftop Dining)
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Statement of Issue:
Transmitted for your consideration is an appeal by Councilmember Posey of the Planning Commission's approval of Entitlement Plan Amendment No. 21-001. This application is a request to amend Conditional Use Permit No. 99-021 to permit the conversion of an existing restaurant rooftop to a 1,936 sq. ft. dining area with alcohol sales and service. This request also includes participation in the Downtown Parking In-Lieu Fee Program for sixteen (16) parking spaces required for the new dining area, and deviation from the Exhibit B Standard Conditions of City Council Resolution No. 2017-42 regarding hours of operation (midnight for the rooftop dining area and 2 AM for the indoor dining area). The Planning Commission held a public hearing on September 14, 2021, and conditionally approved the request except for the requested rooftop dining hours, conditioning that the rooftop area close at 10 PM. On Thursday, September 23, 2021, Councilmember Posey appealed the Planning Commission's decision, citing review of Condition of Approval No. 2(a), which limits the hours of operation for the rooftop dining area to 10 PM in lieu of 12 Midnight, as requested by the applicant and recommended by staff.
Financial Impact:
The request includes participation in the Downtown Parking In-Lieu Fee Program for sixteen parking spaces. A parking in-lieu fee of $229,368 will be required to be paid by the property owner for the 16 spaces. These fees would be placed in an account separate from the General Fund, to fund uses specified by Resolution that support existing and future programs of t...
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