 Webinar starts. Good evening everyone and welcome to the Capitola Planning Commission meeting of July 20th. This meeting is open to the public with both in-person attendance at Capitola City Hall in the council chambers at 420 Capitola Avenue and remote attendance possible. Planning Commission and staff are attending in-person and remotely via Zoom. There's several ways for the public to watch and participate. Information on how to join the meeting via Zoom and make public comment during the meeting is available on our website cityofcapitola.org on the meeting agenda. The public can also live stream the meeting on the city's website or on YouTube. As always this meeting is cablecast live on Spectrum Communications cable TV channel 8 and AT&T U-verse channel 99 and is being recorded to be rebroadcast on the following Mondays and Fridays at 1 p.m. on Spectrum channel 71 and Spectrum channel 25. A recording of the meeting is also available on the city's website after the meeting. Our technician tonight is Brian and as a reminder, please turn off your cell phones. We'll have a roll call. Chair Westman. Here. Vice-chair Christensen. Here. Commissioner Estie. Here. Commissioner Jensen. Here. Okay, now we'll do the Pledge of Allegiance. Okay, next we have new business. We'll move on to having new business. All right, we'll move on to oral communications. In oral communications is an opportunity. This is a little different tonight. Oral communications is an opportunity for anyone to speak on an item that is not on our agenda. If you would like to speak to us on an item that's not going to be discussed tonight, you're welcome to come to the podium and you'll have three minutes. And seeing no one is anyone, we don't do Zoom for oral communications. Okay, are there any additions or deletions to the agenda? Sorry, Mike. As a reminder, make sure your microphones are on. One request is to remove 5A from the Consent Calendar for 201 Monterey Unit C. That's Cast Acknowledge, Deli. So we'll move that to the beginning of the agenda. Okay, we'll, okay. Are there any commission comments? Staff comments? No additional staff comments. Okay, we'll move to the Approval at the Minutes for March 2nd and June 1, excuse me, for the planning committee. I move approval. Okay, we have a motion. I'll second that. Okay, we have a motion and a second to approve the minutes for March 2nd and June 1st. I think we can just all vote on this without any delay. Everyone in favor? Aye. Aye. carries unanimously. So now we're moving to the Consent Calendar and we are going to first remove one item from the Consent Calendar and that's 201 Monterey Avenue. That is the permit and conditional use permit for the sidewalk dining at the restaurant at that location. Motion. We're just moving it a little further down on the agenda. Yeah, it's still going to, it's, no, it's still going to be tonight. It'll just be under public comment so you'll have an opportunity to comment on it. So why don't we move that item to, we'll call it A1 and deal with that first under the public hearing since we have someone here to speak on it. Everyone in consensus with that? Yep. Okay, the other items that we have on the Consent Calendar is 4610 Crystal Street and it's a permit for a second story addition in minor modification for the required covered parking and dimension. Would anybody like, any audience like to pull that item? Seeing no one. All motion to approve. The consent or the item address of 4610 Crystal Street permit number 22-039 Second. Second. It's in favor of. Hi. So now we'll move to the public hearing and our first public hearing is going to be the item that we move from the Consent Calendar and that's the revocation of a conditional use permit for sidewalk dining at an existing restaurant, Castaneglos, Delling Cafe, located within the mixed used village zoning district. We have a staff presentation. Yeah, good evening, Chair Westman and commissioners. I actually have an update for you on this item. I was originally scheduled for a revocation hearing due to inability to collect the lease payment for it and also get insurance information. The owner actually brought us a check full amount was owed yesterday and sent us an email today, insurance information. So a good outcome. We don't need to continue with the revocation, but we certainly don't want to end up in this situation again. A lot of staff hours were ended on bringing this situation to a hearing. End month effort departments involved in communicating with the app file current. So we're going to be recommending a couple of conditions to be added to the sidewalk use permit and I've got them on the screen here. Number 27 would be that the community development director revoked the sidewalk dining permit payment in full is not received after 30 days of issuance of a notice of delinquency or if there is a lap providing insurance coverage, the applicant may appeal to community development director's decision to revoke the permit with intended calendar days decision by providing the form and lease per second. So this would just be a tool for us to not have to go through such a lengthy process. The applicant could still decide to move the decision. I think that's a little bit more to move forward without so much cross. And the second one, number 28 is so following any late payment, the owner applicant will be invoiced annually in the following billing cycle after two successive timely payments right now are laid on a payment. So the next two years will be saved time and letters in the back and forth. That's our recommendation this evening, not to revoke, but to add two conditions to 28, the finance department already has a procedure where they will bill annually if, let's see, the mean delinquent after notification would build annually rather than quarter. So isn't that kind of the same as 28? It is. We have a little bit more authority because this is linked to a use permit. And so we wanted to put it in both places and also have the, there be a demonstrated performance with two successive payments in a row. All right, we'll open the public hearing on this item. If anyone's interested in speaking, please come up to the podium. You're welcome to sign your name if you want to make certain that we get it correct in the minutes. You have, there's a little button there to push on your mic. OK, my name's John McInnery. I live next to Castagnola at 207 San Jose Monterey Avenue. It's been a really good neighbor. And I don't know if I can ask questions or not, but I'm wondering why he's getting charged to have those little sidewalk tables out there. Staff or running good? Oh, I'll answer that quickly. Everyone does. If you're using the public sidewalk, then you need to pay a fee to use the public sidewalk for private business use. OK, well, I like to say that I think it's crazy because the small businesses, especially in this town during winter, it's difficult to run a small business. And to charge him when he's had those tables there all these years, with no problem whatsoever with the ingress and egress down Monterey Avenue. I don't understand it. My building at 207 Monterey and the buildings that continue down Monterey are all five feet from the gutter from the curb, I'm sorry. And his building is 10 feet, six inches from the curb. Therefore, his little tables do not protrude beyond five feet. So I don't understand why he even has to get a permit to do this or pay a fee to do this. Thank you for your comments. It is in the city's zoning ordinances. It is a law in the city of Capitola that he has to get a permit and pay the fee. And so as the Planning Commission, it's our job to enforce what are the regulations that are on the city's books. OK, so I'd have to go to the city council to ask him to change that. That's correct. OK, thank you. I appreciate your time. Is there anyone else who would like to speak on this item? Seeing no one, I will bring it back to the Commission. Would anyone like to start off? Anybody have any difficulty with the two conditions that staff would like to add? So I need a little help here. So someone on Zoom is wanting someone on Zoom like to speak will allow John to speak. He's on me and yourself. Hey, guys, I hope everyone's having a lovely evening. I'd just like to agree with what John just said. I know this isn't really you guys. This is the city council, but chiseling our small business owners because we have made terrible economic choices over the last couple of decades. And all we really have left is parking and basically making our small businesses pay far more than they need to. This is a problem with many of the small businesses in town. I'm not talking about like the parking issues where we try to like make them at spaces, even though we have like an empty lower parking lot right there. I'm really focused on how hard we make it for our small businesses to survive here. I've even heard they're opening a second pet store in the lower village. Do we really need two small like bougie pet stores there? Again, not really your stuff, but I would like to say at the end, I just want to make sure that this business owner is not going to have this like, I guess, apply to him retroactively. He will still be able to make quarterly payments until he misses another payment. Referring to number 28 there, and he's not going to have to make annual payments for the next two years. Doing that in the year where the war failed and the worst winter for these businesses in maybe two to three decades is just. It's silly. Thank you for your time. Thank you. Is there anyone else on Zoom? No. All right. Now we'll close the public hearing and commission. So I'm assuming that the motion we want to make is to modify the conditional use permit to add these two new conditions to this app. Correct. I'll move that we modify the additional use permit for. That's just one one one one one one one right, including to number 27 and 28. A second. Second. Chair Westman. I. Vice chair Christensen. I. Commissioner Estee. I. Commissioner Jensen. Okay, so now we will move along to our regular item A, which is one one one Capitola Avenue and it is location to parking spaces in front of English Ale. Coastal development permit, a design permit, a major encroachment permit for a custom street dining deck at one one one Capitola Avenue. There's staff support. Yeah, thanks again. Introducing this item as well. So English Ale's in mixed use village has presented a, it's really a mix of a custom dining deck and they've incorporated some prototype items. But by definition, one standard custom dining deck design permit and planning commission review. This is the business frontage one 111 Capitola Avenue. So it is two parking spaces and primary focus of the proposal this this evening is to repurpose the existing planters in a slightly different format on the permanent. This was rolled out COVID and the owner had an issue with matching paint. So this is the site plan. I'm going to use the pointer here for a moment and point a few things out. Capitola Avenue on the left side and then the right footprint of the deck is 42 feet in length by this measurement is eight six. But that's actually the top of the curb. It's really about eight feet wide. And then these one, two, three rectangles. This is the existing planters. They would be butted up and fastened to each other one, two, three, four at the bottom. And then the gap that's left between those would be a wood paneling horizontal board with trim to match the the facade. The same asia and facade planters look like the newest facade from the Capitola Avenue side. And then there is a proposal here for a ramp. And this ramp projects onto the sidewalk on the back of the curb one foot nine inches. And the reason for this ramp is the slope from the gutter pan up to the crown of the road at this cross section of Capitola Avenue is particularly steep. And this ramp has to be the accessibility sloping requirement. So to get the effective run and the top out landing of a five foot five this run has to push out into the sidewalk. The one of the concerns with this is obviously pedestrians. But there is a bit of cover and existing installments here with the tree palm tree in the sidewalk. And then there's a city lamp post here as well. There is eight foot eight clear the building passage. The minimum requirement is five feet. It meets the standard remainder. I'm going to show you a cross section of it. And so with the road crowning being so steep and having a flat deck this ramp needs to be a bit longer sidewalk. So getting into just some of the other items prototype items that were selected were heaters and a rope and stanchion which extends along the curb line of the deck. Custom items include the tables and chairs. These are black powder coated aluminum items. We've done a visual inspection of them and they look to be pretty durable and suitable for this use. The items that we are recommending an alternate for as staff is the applicant is proposed a nine foot residential grade umbrella with LED lights underneath and umbrella stands that are a bit blocky and worn and can present a tripping hazard. And with the spread of the umbrella this is going to overhang the eight foot deck in some way. That's also a concern and the introduction of the new light source. So the applicant has rolled some of this out this week. So we got a real life view of what it would look like assuming the deck was built. With this photo I'm showing you he's also painted the interior of the planters to match the building that before there was a bit of a lavender shade to the gray and he's going to paint the outside if approved this evening. And then the photo on the right went out and took some measurements so back of curb one foot nine what does that look like projecting that up the pedestrian path. So it falls just shy in the far tree well there it's just shy of about the midway point if you're measuring from the curb so that falls a little to the curb side of the midpoint of that tree well and it cuts about the same line through the lamppost and it's about five bricks in so that that's where the sidewalk or rather the ramp of the sidewalk. And then this is the last of the temporary installations from COVID relief and so we want to want this item to move quickly. I can say that the short of the umbrellas the applicant has a building permit waiting at the building department both approved by building and public work so really waiting for planning approval. If approved tonight we could issue an approval tomorrow with an alternate umbrella we want to encourage this installation next 30 days and now the condition temporary deck moved in 30 days from this meeting. So with the alternate umbrellas and bases we're recommending approval and with the updated happy to take any questions. How does it work with the size of the deck like going across like two other businesses that there have been I don't know what the background rule is around that you know is it allowed to be just in front or are they allowed to extend it in front of the business with approval of the other businesses or how that gets me. So the yeah the city has some discretion if there is an overlap yeah the way the code reads is that the priority is to have parking spaces that are directed in front of the business with this business there's about the other business also and in hand with that code answer is there was a lottery so this business competition and there has been a feedback from those other businesses that have any issue because it's there now right the prototype umbrellas have lighting in them what what is the the steel flooring plate I'm having trouble find locating that on the schematic it's on listed on the L1.2 L1.2 at the lower right of the sheet yeah it's it's listing steel flooring plate and I'm just looking around to see where it got put on the deck or oh that runs along the gutter line that plate is about eight inches wide okay it spans the the gutter to allow arm drainage below okay thank you that's all okay so now we will open the public hearing on this item is there anyone here in the audience or the applicant who would like to speak is there anyone on zoom who would like to speak on this item we have no participants with their hand raised we will close the public hearing and bring it back to the commission and I would just like to see the cut through that it does bother me that we're encroaching on the sidewalk because you know we'd sort of be setting a precedent for everyone to do that um so I want to make certain that there are no other options that could be used to make it possible for their ramp to not encroach on the sidewalk and I'll confess I'm not a building person maybe Commissioner Jensen can help us if he can use his building expertise but it doesn't seem like there's a whole lot of other options for them and unless they were to encroach into their five by five circle I mean correct me if I'm wrong but it doesn't seem so does this mean that every ramp is going to encroach on the sidewalk and all of these dining decks since they can't encroach in because they can only be eight feet wide in the parallel parking spaces this is the only one that we know of that needs this um we you know the other deck that's approved is at the sausage work and their road crowns are able to make up the rise in the ramp and they don't have to have a five foot clear space at the end of the ramp and that's what I was hearing this the the deck platform has to be built a couple of inches up above the curb right in order to meet the grade it's sloping up the center of the room and most of the other conditions most of the other streets don't have this condition right I guess my question is what I was hearing was to meet the ABA requirements they have to have five feet clear at the end of their ramp and if that is the case then there's no way on an eight foot project we wouldn't have the ramp encroaching on the side my math wrong I mean so the five foot landing is correct they all have to have that for the ADA but due to the slope here because the crown of the street is so high and yet you can't go beyond a certain slope for the ramp that's why it's extending out to the sidewalk where on San Jose Avenue we don't have the same issue so in the design the building permit that came in for the prototype it does all fit within the deck as it should with the five foot landing inside the deck but this is a unique circumstance due to the street and if you'd like we can add that to the findings that would hold you know so that we're not setting a precedent but there's a reason for why we're allowing this onto the sidewalk and we can also elaborate that there's a tree well and a light post so it's not creating a new impediment on this you know we could make we could buff up our findings if you'd like I I think this is a really nice presentation and I I see what you're saying about the encroachment but the I feel like the lamp post and the tree kind of provide enough you know encroachment around it to where it doesn't seem to be you know in and of itself um but I don't have a problem with it all I think it's a really nice presentation and I think it'll complement that whole I'm sorry if we can encourage them there'd be I mean that would be something that you could walk into pretty easy I mean and they put a planter at the at that too at the each side of the ramp just so it'd be more a visual thing than just a tube or on the ramp can we do that oh do that I'm sorry I think that's what the C is oh sorry just that I would move approval can we do that I'll second can I ask for a clarification would you like to move approval with expanded findings or I'd move approval expanded findings just to say that this with whatever however you want to word it but saying that the encroachment is contextual because of the crown and findings you mean oh I'm sorry so the the findings out yet so I guess findings and then the added condition that is not a condition it's just recommendation that you select I actually don't have a problem with that umbrella that could I mean I would move is there any what was the specific reason you think you guys didn't like the umbrella the number one is that it's nine feet wide on that on a bicyclist but and I didn't want to be sensitive just to like the other applicant who ever has already probably purchased the stuff in linemen that we have sort of a standard size and I'm actually going to vote no and only because I have consistently said I didn't think that capitol avenue was the appropriate place for us to have sidewalk dining I chair christianson I move yes to uh commissioner sd I commissioner jensen I okay so the motion passes our next item is 103 kennedy drive it's a design permit and conditional use permit amendment to convert parking spaces to an outdoor tasting area bicycle parking and mobile food vending more than four times per year. Thank you again and I'll be doing this presentation as well. So this is Sante Adarius 103 Kennedy Drive aerial site plan for you here and I'll note that there is another building on the property at 200 Kennedy that does play into the parking calculation which is the primary zoning measurable that we took a look at with this permit. So I'm just going to get right into how the zoning ordinance allocates demand for parking. It's an assessment of use and square footage. So we did a takeoff and looked at the interior use of the Sante Adarius facility. The 799 square feet of tasting and then the remainder of the first floor is dedicated to custom manufacturing and then there's a mezzanine level that is all of the same continuous use of the interior. Zooming out to the proposed tasting area this is the outdoor tasting area 575 square feet and then the 200 Kennedy building 4800 square foot warehouse and we've got a little table at the bottom right tallies it all up as the zoning ordinance prescribes various ratios to these different uses and 30 parking spaces provided and 30 would be required. In doing a little bit of cross-checking with some aerial photos I realized just prior to the meeting that the accessible parking spaces actually weren't counted so there's actually two additional parking spaces available on the property. As well I want to do note that the applicant worked directly with the city to provide off-shoulder parking a couple of improvements along Kennedy Drive highlighted in orange here this provided a public parking facility for the entire area 16 parking spaces this project was completed in 2016 in cooperation with the city the business had some success initially that was maybe a little bit unexpected and so they had a bit of a parking issue at this facility and they were a good partner and work with the city on providing parking here. I think there isn't such a demand for parking anymore and we haven't had any complaints in several years about parking. So looking at back to the facility purple is the Santiago Darius building the green is the patio tasting part of the request is to have mobile food vending more than six times per year which requires a use permit modification the food trucks would would pull in and park basically in front of the patio and tasting area near the crash enclosure the program includes hours of 9 to 8 p.m. with an option for six times a year on Fridays and Saturdays to open to 10. This is a self-serve so there would be no wait staff this is not a conversion to a restaurant it's really just a self-serve and there would be no table service but it would be managed and the vendors would be managed by permanent on-site staff and there are two public restrooms available at the interior this originally was part of COVID relief for this facility and so this installation is there now exterior being reclaimed wood planters and barrels as the primary exterior design with the interior string lights and so we are recommending approval this application we have a big question can you indicate where the bicycle parking is and are they expanding that or is that over there it's bolted into this last parking space here and it's nine spaces is there any drainage concern for the having the you know yeah so this is just going to sit on top of the parking lot paving so there were no drainage okay um we'll open this up to the public anybody in the audience who would like to come and address us thank you commissioners thank you staff my name is Adair Paterno I am the owner of the business on Teodarias at 103 Kennedy when we first lease the space 12 years ago we only had one of the units now we have all five of the units so basically just a brewery in that location and the patio that we built post you know during the COVID relief period has really been instrumental in keeping us going and keeping us alive but now it's it's become something that people expect I mean we have beautiful weather here we all like to sit outside I have fundraisers out there for the shelter for the SBCA and other organizations and it's just become a really great community gathering space so we would love to be able to keep it and I'm welcome to answer any questions that you might have I'm John McCoy the property owner since 1994 and technically the holder of the master use permit for the property and again I am relieved to have one very responsible tenant instead of a mix of five different tenants that we started with on the property and in general the neighborhood of 1994 was not the greatest and through cooperation with capitol police earlier on in the in the years and certainly the residents are taking great pride in the residential area and along with their owner and management of the residential park that we share their access with they're doing a great job at making this part of the neighborhood a viable and enjoyable part of the community and and I judge the the strength of the community by watching who's there and we've seen a mix of instead of people in the old times dumping loads of things you know on the side because they thought nobody was there we all watch now and we see a lot of families bicycling kids people taking their morning walks who they're walking their dogs and it's it's changed a lot and I'm proud of everyone who has contributed to that so as far as technical knowledge about drainage or things I know all of that so if you have a specific question I'll chime in no I do have one question are you planning on having live music outdoors no that's not the current plan if we did want to have live music we would seek a permit to do that if that were possible but we typically don't have any any music outside there's music indoors but not outside it's quiet right because there are residents actually fairly close to you correct that could be any true okay thank you um and your place many times really enjoy it what is this what does this increase the audience oh goodness um it the uh there are eight picnic tables outside that seat probably is six of them seat six each um and the other ones seat less people because they're ADA accessible picnic tables so they have they only have two little seats on them where you can wheel up a wheelchair um so there's probably only seat four people so it'd be eight um like 50 50 people probably you ever had any issues with the mobile home park next door not that I'm aware of if they have concerns they haven't brought them to my attention welcome good evening my name is manual Vera in the common and hello to the planning commission um you're talking about the ownership or the management of the mobile home park you got them right here you adjacent neighbor and I want to run some some some key points here when this this property was being built there was conditional use permit permit means that it doesn't have a right to change what they're asking for there was a condition when they when they when they built the building uh Pelican mine my new reserve all the alcohol must be maintained inside the property okay I understand COVID so that's why you haven't many complaints from from us um and if anyone was around back in the day when it was being built it was a big controversial going on the consuls should deny the permit because of the harm it would cause the community with seniors kids that live less than 50 feet away this area is residential and commercial allowing pelican winery to operate alcohol consumption at this entrance to the residents of the mobile home park should should not be should not happen the again the mobile home park is about 50 feet at the max to the first residents that has families and little children um mobile home park has families older folks already has been exposed to public drunkenness that have left that property um they have they have um the police department has been out there for people um intoxication being arrested that hit one of them hit a couple mobile homes uh people that are trying to find the place and have um mishap of I think a ladies cat and um a few other incidents during the year since they since they started um and by doing this outside patio you're enhancing the situation than what it is right now right now at the time moment because of COVID you're allowing them outside I'm waiting to see when you guys can put the the situation back to the conditional use permit when it was built in addition all work and all the the processing of the wines with barrels and stuff is supposed to be outside and unfortunately um they're not following the following the the the permit so I swung it to just if you guys could deny this uh proposal thank you and you want to write my name here yeah if you mind put your name down then we'll get it correctly in the minute so is there anyone on anyone else in the public who would like to speak anyone on zoom yes we have one participant we're at their hand raise on zoom we'll allow linda to speak okay thank you good evening everyone I'm linda viara the other owner of cabrillo mobile home park which is adjacent to the winery and I am against um the conditional use permit being requested by the winery um it is as previously stated very close to the all age mobile home park whether our families and seniors um there's a concern about the people walking through the residential area uh following their uh visit to the winery and again it's a private property so we want to discourage any additional trespassing that has and could occur and um it's a the detriment to the community and to our mobile home park far outweighs any economic benefit I believe that can be derived from the work winery for this additional proposed use so I recommend that the planning commission decline the requested conditional use permit thank you thank you all right do we have anyone else on zoom okay with that we will close the public hearing and we I will say that I was actually here in 1994 when this was originally I do think that along with you know the outdoor dining that we're doing in the village which was not allowed in 1994 um we are going through somewhat of a change and you know the type of dining and entertainment that people want and um uh they're not in violation of their prior use permit what they're in because they're here applying for a modification to that use permit to be able to do uh what they're proposing to do tonight so um has there been any um data research taken from their concerns from the police department we have any issues that have been noted yeah I in the plan review I did talk to the police captain I didn't they didn't have any concern with the application and asked them to be able to do additional calls for service before when they had no outdoor dining compared with them now I don't I don't really have any questions per se I I think that I mean the outdoor dining seems to enhance the overall area and it it I mean but I mean as it was said cyclists and people coming around there it's just proper regulation and management which I'm hearing seems to be sufficient I guess yeah well I was concerned about the noise aspects and in um mr. beer his spirit on this as well about the access to their private property my recollection is there are gates on turner lane for certain and also on rosedale avenue make sure certainly cars can't go through because I remember that but I think I got around it on my bike if not is there something we could do to make it more or clear that you do not drink its end areas and wander on to this private property you can collectively work seems like you know there I agree with you about the noise though you know for me I would like to see there be an actual condition that as they're not going to have any live music outdoors without hitting an entertainment permit for a special event and I think it would be appropriate to put a condition in there that they put up some signage you know asking their customers not to walk through the mobile home park that that is private property because I think for a lot of people who do walk through there they're unaware that that's not something that's there for you to do so if we could do those things yeah I would be I think that would help the mobile home park because noise would be my main concern parking is really not an issue because they have yeah I'm with those two conditions I would I would approve I would move approval for this okay we have a motion we have a second yeah I will second the motion with the additional condition okay uh can we have a roll call vote chair westman yes vice chair christiansen yes commissioner sd commissioner jensen yes okay the motion passes you now so I have a question because I got a little confused at the beginning of the meeting because on the agenda I just printed out from the city's website we had 836 bay avenue as the first item on our consent calendar and you were requesting that we continue that item but it wasn't on the green agenda that was on the dais so do we need to take some action on 828 36 bay avenue since it was on the agenda that was on the city's website my my understanding is that we need to re-notice for that item because we need to add a variance to the original noticing so I think it would be oh you just took it off the agenda since you're going to re-notice it yeah it should have been on the full packet but we were asking that this item be continued this afternoon from your website and it had that on there so just in case anyone in the public was interested that item was taken off the agenda and we'll be coming back on a future agenda and that's at 836 bay avenue which I believe is the uh chevron station so now we are for a director's report one more one more the mall okay so we do have one more 1855 41st avenue and it is a conditional use permit to allow capitol and all food court restaurants to sell beer and wine within the designated food court area um staff report thank you and good evening um as you see there it's another alcohol related application specifically this application is proposing a conditional use permit to allow the sale and consumption of beer and wine at the capitol mall food courts for the tenants there to sell it permit would designate the food court as a shared premises for alcohol consumption and the property is located within the regional commercial zoning district in the capitol commercial corridor this is as the front edge appears today on claire street that enters straight into the food court there this is a view of the food court as seen from just inside that entrance and right here we have from the opposing side from inside the mall in the retail area I just want to note really quick that you can see in the center right here there's a directory sign and just for future reference when we look at the site plan that is the sort of demising line between what we're going to be calling the food court area so you can see it here the directory sign is right in between these dots so the capitol mall food court common area is approximately 7 000 square feet and contains 11 tenant suites court can be accessed directly from the mall parking area as well as the larger mall interior the yellow zone on the site plan you can see above indicates the shared premises and the green area indicates all the eligible tenant suites within the food court but here's a breakdown of those tenant suites themselves there's a few that are grayed out as those ones are not among the eligible so although there are 11 tenant suites in the larger food court area only eight would be eligible for our call sales two of them are located on the periphery of the food court as we saw before and are not included they're outside of that that dividing line and the third space is not leased to the public those three spaces that I just mentioned are indicated here there's small red lines leading to them but when evaluating conditional use permits the planning commission must consider the characteristics of the proposed use and to this end the commission may also attach conditions approval to the use permit the proposed c up for alcohol will not modify the structure and is not considered an intensification in terms of parking the court is already configured as a shared eating premises with and requires minimal alteration which the applicant has limited to just signage in 2021 planning and police staff met the applicant on site on a preliminary basis to discuss and assess the possible alcohol sales in the future there after which uh 2023 we had the application submitted but following that visit staff provided the applicant with an outline of possible conditions and limitations that would satisfy their primary considerations which of all involved just as an overview limiting alcohol consumption premises to a controllable area clearly to find shared premises for the patrons themselves and the ability to identify and monitor alcoholic beverages after point of sale staff and the applicant subsequently incorporated into these these measures into the business management plan the conditions of approval and the chief of police's letter of support so just uh consolidation here the management plan it includes required employee training for restaurants selling alcohol unique beverage containers for alcohol which can be distinguished from non-alcoholic beverages increased monitoring of the food court by security staff in coordination with security staff and the businesses themselves the businesses would also be taking apart in monitoring of the after point of sale the alcohol added security shifts were forecasted p customer activity and signage defining the boundaries for patrons which I'll get into now there's a key on the side here and below that there's a demonstration of what the permanent stickers could look like there'll be a combination of permanent stickers affixed to the entrance doors as well as to the entrances to the bathroom hallway just next to the entrance as well as when you're leading into the retail area so they'll have them spread across there believe we also included a condition to have them on whenever there's a French door to the outside because there's several door sets that they'd be at least on one of those doors prior to it obtain or prior to any alcohol sales a planning commission or sorry a planning staff inspection is also required to ensure that the signage is in place each business wishing to utilize the shared premises seating areas for alcohol must also apply for an ABC license and meet all the requirements shown above with the combination of the management plan and the conditions approval the chief of police Andy dally provided a letter of support for the application I would like to know lastly though that the after the approval if there was an approval tonight that this would not require any subsequent planning commission review as it's written in condition so this would simply be a ministerial process with planning staff and coordination with the police department with that staff recommends the approval of the application based on the findings and conditions of approval if there are any questions I'm available two goat sales confuses me no so so the ABC actually gives some there's some flexibility with how a type 41 which is likely the only license that would be applicable here can be utilized they can be they can actually be for on and off sale but if both are allowed they're actually seeing it's two different uses so if you buy alcohol for on sale consumption the restaurants would actually open that container for you and in this case likely pour it into a separate container from that point on from the point of those containers being opened they cannot leave the premises so they must be discarded or consumed on site if it's sold for offsite consumption it cannot be opened on site it has to be taken home so you can't open it outside you can't open it inside if you open it's inside they'll take it from you this is pretty standard for a lot of bars and and even restaurants some places are are limited by condition so that they can't do offsite sale and some places just by simplicity might also only do on site sale the planning commission could add a condition dictating that this is only for on site consumption but we did not include a condition at this time was there a previously previously a license for the food court in the past year you know i'm not aware of there ever being any individual lice alcohol licenses for tenants of the food court there have been and are alcohol licenses in the other parts of the mall for the independent restaurants and just to add to the on site and off site we were in considering this we're thinking about target and you can go into target and buy here and wide and for consumption off site so where it's in such close proximity we we thought why why limit it in this location when they can just go to target we do also have the general manager of the the mall here today with us go ahead and open the public hearing is there anyone in the audience who would like to speak right general manager to answer your question jerry there were tenants i found out much before my time but our operations manager has been on site for 40 plus years and said that they did have beer and white sales i believe about 15 years ago put up some old photos of the menu though i the chinese restaurant and then as the tenant mix changed went away there was no need for it as hot dog on a stick very clean they don't sell that and it kind of just paid it off but otherwise thanks for reviewing i think this offering will allow the tenants to increase their menu items allow them to expand their sales hopefully bring in new foot traffic help the overall health of the mall and then with our security we've got cctv cameras on-site security great cooperation with pd not with safety i think thank you do we have anyone on zoom who would like to speak on this item no we do not with that we'll close the public hearing and bring it back to the commission no comments i don't either i mean we go to lots of malls and they have all sorts of restaurants in the malls that are selling beer and wine and as katey mentioned you could just go into or get by it as well so i don't see any concern so we need a motion in a second i would move approval and i also want to say that i think that um this kind of goes along with the other types like downtown santa cruz they have the um what is called it's a communal eating area food court they have all the different restaurants and little bars and i just think it's a really great step in the right direction to keep people frequenting the mall and um bringing community there and making it you know in whatever direction the mall is going to go i'm for it so i move approval um i'll second all right so we have a motion in a second we want to do a wrong call vote chair westman vice chair christensen yes commissioner esti my commissioner jesson hi oh one thing i was wondering um well uh bryan's here could you just could you give a quick overview of just of the mall um i've been there recently um like of the vacancy rates or what you're seeing and kind of where you're seeing the the mall at the present time sure again right it's been obviously unknown i'm lots of local businesses homegrown uh kind of treated like a community marketplace to help incubate uh small businesses so we've added about about a dozen businesses in the last year we're still expanding food court being one of them that was all boarded up basically so we're slowly bringing it all down trying to get it to block you know only helps the city tax revenue helps the local business owners so you know people have been seen it they come in and so hopefully okay now it's time for the directors thank i got it right thank you um i've got a couple items for you tonight um first i wanted to mention the august 17th meeting we have definitely two items probably three um 206 holister is going to be before you with a single-family home in adu as well as 836 bay avenue which is the chevron for the canopy and then as long as everyone is here we'd like to bring forth the discussion on in the color board of materials so um at that meeting i will not be present um i have another obligation so brian will be in very good hands with senior plan i think brian full of relic another update is we are going to be modifying what our agenda looks like we're going to kind of base it on what you see at city council so that the recommendation is right there in the agenda i think it's a friendlier way to present it to the public so they know where you know where staff is out with the application and whether or not it just makes it easier than going through all the reports um so we'll be updating our agenda i also there was a question that came in earlier about the montee fireworks those are not happening this year because of the wharf and the it's just very complicated along our very small beach front um and then i have some good news i heard from uh hcd this week that they're ready to provide me with initial comments so i think it's so we we turned this in about two and a half weeks ago and um they've got a planner that bronica's worked with a lot in the past and um i think they're going on leave shortly so they're trying to get this done for so they're going to give us kind of a preliminary list so i plan on bringing this back to you sooner rather than later to work out the preliminary list because we'll be able to resubmit that during this initial 90 day period and hopefully get our list even smaller i'm really worried about builders remedy and we're going to do our best to try to get this accomplished before the end of the year so okay and um lastly continue to save the date for october 19th for that housing element special meeting and that's all i have for you this evening thank you any commission comments i just had one brief and i was going to let you know that i will not be here on september 7th that you'll be able to a fabulous job running the team i'm actually going to be out of the country on this be here for the other meeting all right uh i think we're ready to adjourn thank you all very much thank you