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HomeMy WebLinkAbout091223-05.1 PLANNING COMMISSION STAFF REPORT 5.1 TO: Chair and Planning Commission September 12, 2023 SUBJECT: Resolution No. 2023-11, denying an appeal by Marc and Michelle Collopy of the Town’s denial of Land Use Permit request LUP23-0025 to allow a special event for Auburn Lounge on September 10, 2023, including an expanded outdoor use area in the adjacent courtyard and live amplified outdoor music. The site is located at 321 Hartz Avenue (APN: 199-350- 038). DESCRIPTION/BACKGROUND The owners of Auburn Lounge, Marc & Michelle Collopy submitted a Land Use Permit application to allow outdoor special events on August 20, 2023, and September 10, 2023. The proposed special events would include an expanded outdoor seating and fenced area within the adjacent courtyard, and a live band using amplified music. On August 11, 2023, the Town sent an Appealable Action Letter to the applicant denying the request, with the inclusion of specific findings for the denial (Attachment C). On August 18, 2023, the applicant submitted a letter appealing the Town’s denial of the Land Use Permit (Attachment D). The appeal letter speaks to other restaurants and bars in the Town that have outdoor amplified music on a regular basis, and that fairness of denying Auburn’s permit based on complaints by one adjacent business owner. EVALUATION/ DISCUSSION The Town’s Downtown Business District Ordinance allows outdoor music within a restaurant or bar’s approved outdoor seating area. However, music is required to be kept at a level so as not to be clearly audible beyond 100 feet of the property (Code Section 32- 45.25.a). Historically, the Town has issued Land Use Permits for up to four special events per year. Special events allow the expansion of the outdoor seating area, and the use of live music where appropriate. In addition, during 2020, 2021, and 2022, Auburn Lounge was allowed to have additional outdoor seating related to COVID restriction under a Temporary Land Use Permit. This permit specifically stated that amplified outdoor music was not allowed. 321 Hartz Ave. 2 September 12, 2023 The Town’s denial of this Land Use Permit application is based on a history of violations and complaints: •On September 1, 2021, Auburn Lounge held a special event, including the use of a live amplified band, and as expanded use area without applying for or receiving a Land Use Permit. The event was in violation of the Town’s Ordinance and numerous complaints regarding the volume of the music were received. The Town issued a citation to the business owner at that time. •Similar events were held on August 21, 2022, and September 25, 2022. Again, these events were not approved, were in violation of the Town’s Ordinance, the Town received numerous complaints regarding the volume of the music, and citations were issued. •After these violations, the Town issued a letter to the operator, and property owner, stating that the Town was prepared to take additional legal steps if these violations continued (Attachment E). •On May 26, 2023, the Town approved a Land Use Permit for an outdoor special event for Auburn Lounge on June 4, 2023. The conditions of approval of this permit specified that outdoor music and entertainment is permitted without amplification only. On June 4, 2023, Auburn Lounge held the special event which included an outdoor amplified band in violation of the permit and the Town’s Ordinance. Again, the Town received complaints regarding the volume of the music. •On August 7, 2023, the applicant submitted an application for two additional Land Use Permits for outdoor special events on August 20, 2023, and September 10, 2023. Given the history of non-compliance and complaints regarding the volume of the music, the Town denied both requests. •On August 20, 2023, the applicant held a special event without approval. Live amplified music was played inside the tenant space. The Town did not receive any complaints regarding this event. PUBLIC CONTACT Public notice of the September 12, 2023, hearing was mailed to property owners within 750 feet and posted online. A total of 36 notices were mailed to surrounding property owners. 321 Hartz Ave. 3 September 12, 2023 RECOMMENDATION Adopt Resolution No. 2023-11, denying an appeal by Marc and Michelle Collopy of the Town’s denial of Land Use Permit request LUP23-0025 to allow a special event for Auburn Lounge on September 10, 2023, including an expanded outdoor use area in the adjacent courtyard and live amplified outdoor music. The site is located at 321 Hartz Avenue (APN: 199-350-038). Prepared by: David Crompton Chief of Planning Attachments: A – Resolution No. 2023-11 B – Public Notification and Map & Notification List C – Town’s Appealable Action Letter Denying the LUP Requests D – Letter of Appeal E – Town Letter dated October 3, 2022 F - Property Owner’s Response Letter dated October 19, 2022 RESOLUTION NO. 2023-11 RESOLUTION NO. 2023-11, DENYING AN APPEAL BY MARC AND MICHELLE COLLOPY OF THE TOWN’S DENIAL OF LAND USE PERMIT REQUEST LUP23- 0025 TO ALLOW A SPECIAL EVENT FOR AUBURN LOUNGE ON SEPTEMBER 10, 2023, INCLUDING AN EXPANDED OUTDOOR USE AREA IN THE ADJACENT COURTYARD AND LIVE AMPLIFIED OUTDOOR MUSIC. THE SITE IS LOCATED AT 321 HARTZ AVENUE (APN: 199-350-038) WHEREAS, Marc and Michelle Collopy (Owner/Appellant) applied for a Land Use Permit (LUP23-0025) to allow outdoor special events for August 20, 2023, and September 10, 2023, for Auburn Lounge. The proposed special events would include an expanded outdoor seating and fenced area within the adjacent courtyard, and a live band using amplified music; and WHEREAS, the subject site is located at 321 Hartz Avenue and is further identified as Assessor’s Parcel Number 199-350-038; and WHEREAS, the Town administratively denied Land Use Permit request LUP23-0025 on August 11, 2023; and WHEREAS, an appeal of the denial was filed by Marc and Michelle Collopy, owners of the Auburn Lounge Business, on August 18, 2023; and WHEREAS, the project has been found to be Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA), Section 15303, Class 3, New Construction or Conversion of Small Structures; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on September 12, 2023; and WHEREAS, the public notice of this action was given in all respects as required by law; and WHEREAS, the Planning Commission did hear and consider all reports, recommendations, and testimony submitted in writing and presented at the hearing; now, therefore, be it RESOLVED that the Planning Commission denies the appeal and upholds the Town’s administrative action denying Land Use Permit request LUP23-0025 subject to the conditions contained herein, and make the following findings in support of this action: ATTACHMENT A PAGE 2 OF RESOLUTION NO. 2023-11 FINDINGS OF APPROVAL: 1.The proposed land use would create an enforcement and/or nuisance problem at the proposed location in that the Town has received numerous complaints regarding the high sound volume generated by outdoor bands at the proposed location. The Town has issued citations for three Land Use Permit violations for previous events held on September 1, 2021, August 21, 2022, and September 25, 2022. All three violations were noise ordinance violations. Most recently the Town approved an LUP for an event on June 4, 2023. Auburn was informed that any violation of the noise ordinance including the use of amplified music would result in a denial of future land use permit applications for events. Auburn again violated the LUP for this event by having a band with amplified music outdoors. 2.The proposed one-day controlled events would be detrimental to the health, safety, and general welfare of the Town, in that for the Land Use Permit (LUP23- 0018) which was approved by the Town for a similar special event held on June 4, 2023, the applicant violated Conditions of Approval 1.f. of that permit which specified that “Outdoor music and entertainment is permitted without amplification only. Music shall not compete with other music at nearby restaurants or impact adjacent retail business operations.” As a result, the volume of sound created by a live, amplified outdoor music band violated the Town’s Noise Ordinance and created a nuisance to surrounding business. 3.The land use would adversely affect the orderly development of property within the Town, in that the volume of sound generated by amplified outdoor music at this location has a direct negative impact on surrounding businesses. Auburn is located directly adjacent to a dense population of other businesses, one of which includes outdoor restaurant seating for customers which are directly and adversely affected by the sound volume. 4.The land use would adversely affect the preservation of property values and the protection of the tax base within the Town, in that the volume of the music violates the Town’s Noise Ordinance and results in a nuisance to surrounding businesses. The loud volume of the music negatively impacts the ambiance of nearby outdoor restaurant seating and negatively affects business operations. In contrast, the business owners had a band with amplified music play inside the business on August 20, 2023, and the Town received no complaints of any kind from any business or individual. 5.The land use would adversely affect the policy and goals as set by the Danville 2030 General Plan, in that Goal 27 of the Danville 2030 General Plan is to “protect existing and future residents of Danville from hazards and nuisance associated PAGE 3 OF RESOLUTION NO. 2023-11 with excessive levels of noise by maintaining or reducing noise intrusion levels of all areas of Town to acceptable levels.” APPROVED by the Danville Planning Commission at a regular meeting on September 12, 2023, by the following vote: AYES: NOES: ABSTAINED: ABSENT: _____________________________ CHAIR APPROVED AS TO FORM: _______________________________ ______________________________ CITY ATTORNEY CHIEF OF PLANNING ATTACHMENT B “Small Town Atmosphere Outstanding Quality of Life” 5 1 0 L A G O N D A W A Y , D A N V I L L E , C A L I F O R N I A 9 4 5 2 6 Administration Building Engineering & Planning Transportation Maintenance Police Parks and Recreation (925) 314-3388 (925) 314-3330 (925) 314-3310 (925) 314-3310 (925) 314-3450 (925) 314-3700 (925) 314-3400 APPEALABLE ACTION LETTER August 11, 2023 Planning Application: LUP23-0025 & LUP23-0026 Project Description: Land Use Permit requests to authorize one-day controlled events for Auburn located in the side courtyard adjacent to Auburn on August 20, 2023, and September 10, 2023. Project Location/APN: 321 Hartz Ave / APN: 199-350-038 Applicant: Marc Collopy Auburn 321 Hartz Ave. Danville, CA 94526 marc@auburnlounge,com Property Owner: Robert Hefty 321 Hartz Ave. Danville, CA 94526 Dear Applicant/Owner: The Planning Division has denied the above reference events as per the attached findings. This action becomes final on August 22, 2023 unless appealed in accordance with Section 32-4.7 of the Zoning Ordinance. If you choose to appeal this decision, an appeal letter, accompanied by the requisite appeal fee, must be received prior to 5:00 p.m. on Monday August 21, 2023, at the Town Offices, 500 La Gonda Way, Danville, CA 94526. The next available Planning Commission hearing to hear an appeal is August 22, 2023. If you have any questions regarding this matter, feel free to me at (925) 314-3349 or dcrompton@danville.ca.gov. Sincerely, David T. Crompton Chief of Planning ATTACHMENT C LUP23-0025 & LUP23-0026 August 11, 2023 Page 2 FINDINGS OF DENIAL: 1. Land use would create an enforcement and/or nuisance problem at the proposed location in that, the Town has received numerous complaints regarding the high sound volume generated by outdoor bands at the proposed location. The Town has administered three Land Use Permit violations for previous events held on September 1, 2021, August 21, 2022 and September 25, 2022. All three violations were regarding noise ordinance violations. Most recently the Town approved an LUP for an event on June 4, 2023. Auburn was informed that any violation of the noise ordinance including the use of amplified music would result in a denial of future land use permit applications for events. Auburn again violated the LUP for this event. 2. The proposed one-day controlled events would be detrimental to the health, safety, and general welfare of the Town, in that for the Land Use Permit (LUP23- 0018) which was approved by the Town for a similar special event held on June 4, 2023, the applicant violated Conditions of Approval 1.f. of that permit which specified that “Outdoor music and entertainment is permitted without amplification only. Music shall not compete with other music at nearby restaurants or impact adjacent retail business operations.” As a result, the volume of sound created by a live, amplified outdoor music band violated the Town’s Noise Ordinance and created a nuisance to surrounding business. 2. The land use would adversely affect the orderly development of property within the Town, in that the volume of sound generated by amplified outdoor music at this location has a direct negative impact on surrounding businesses. Auburn is located directly adjacent to a dense population of other business, one of which includes outdoor restaurant seating for customers which are directly and adversely affected by the sound volume. 3. The land use would adversely affect the preservation of property values and the protection of the tax base within the Town, in that the volume of the music violates the Town’s Noise Ordinance and results in a nuisance to surround businesses. The loud volume of the music negatively impacts the ambiance of nearby outdoor restaurant seating and negatively effecting business operations. 4. The land use would adversely affect the policy and goals as set by the Danville 2030 General Plan, in that Goal 27 of the Danville 2030 General Plan is to “protect existing and future residents of Danville from hazards and nuisance associated with excessive levels of noise by maintaining or reducing noise intrusion levels of all areas of Town to acceptable levels. Town of Danville, This letter is to appeal the decision David Crompton sent to us on August 11th, 2023. Planning Application # UP23-0025 & LUP23-0026. Our address and APN are 321Hartz Ave / APN: 199-350-038 . This is in reference to Auburn Lounge having an outside event on our private side patio adjacent to our building. This event has already been approved by our landlord for the private area, and that letter is attached to our application. We are looking to have outside music and an event now for September 10th, since we were told too late about the denial for our August 20th event. (Even though we reached out on June 8th, asking if our event on June 4th was acceptable, which it was). ** please see attached email** We have been dealing with this issue for over two years now, based on unfair complaints from our neighbor Revel Kitchen, specifically Owner’s Curtis & Esin. It has been suggested by many of you with the town (Jill Bergman, David Crompton, Police chief Shields, Renee Morgan, Dianne Friedmann, and more) that we organize our own in person meeting to ATTACHMENT D make amends. This meeting did take place in 2021 where me, Michelle, Derek, Curtis & Esin met outside on our patio. Our agenda was to discuss working together, hear concerns, and cross market. Their agenda was to fight. Michelle was verbally attacked by both adults, a patio chair was kicked over by Curtis, and the meeting was over in under 10 minutes after we felt it turned violent and unsafe. We have continuously complied with every ordinance that every other business has. We are told the “No amplified music” clause in the town of Danville ordinance is enforced only when a complaint is called in. Revel kitchen is our one and only neighbor who complains, and this is a fact and public knowledge. We have experienced louder music and more “party like” atmospheres at other places such as Luna Loca for Cinco De Mayo, and Norms Place for St Patrick’s Day. Longer hours, and larger crowds, however, due to the complaints from one unruly business owner, next to us, we are not able to have the same permits. This is unfair and is discriminatory. We pride ourselves by having friendly relationships with all of our nearby restaurants/bars (i.e. Hazy BBQ, Pete’s Brass Rail, Primos pizza, Norm’s Place, Falaffel Boy, Meenar, Elliotts, Peasant & The Pear). In addition, our neighbors who celebrate our three hour event one Sunday a month 3:00-6:00 Pm are present during every event. We thoroughly support each other, and see the value in bringing entertainment and extra business to our community. We have asked the Planning Division multiple times to please come out and witness not only what we provide, but what others are doing based on their approvals. Still to this day the Planning Commission has not done that, but they are continually affecting our livelihood and the enjoyment of hundreds of Danville citizens. This last event that we had on June 4th, 2022, after taking almost a year off was conducted perfectly. We went around to every business that was open (except for one) told them what we were doing and asked them for their feedback. Every business was extremely excited that we were going back to our outside music and praised us for going through the process to do everything correctly. During the event, we not only went around to the open businesses, asking them if there was any level of sound that was bothering them or their patrons (which there was not) but we purchased a decibel reader to record the sound, before and during the event. This information was given to the town 4 days after the event. (Once again, no follow-up was given to us at that time). The decibel reading, that were given to David Crompton on June 8th showed no difference in the volume before or during the event. (This email is attached to the appeal). However, multiple aggressive phone calls from the one neighbor who has tried to affect our business from day one, has affected our permit. This neighbor, Revel Kitchen, even complained about our event on the Friday before the event even took pace. (Please ask Diane, she called us on it) We are asking that the town, help us move forward with our remaining three events, and stop this unwarranted harassment of our business and our income. We are tired of trying to fight a battle that we all know is right and stand up to the bully in our community. o 9/10 Danville Car Show o 10/22 (no theme) o 12/17 Winter Wonderland holiday themed party In closing, we at Auburn Lounge, do a ton for the community, between all of our fundraisers, and community events. Have a Ball, The Crayon Initiative, Celebrity Bartender nights where we donate to local communities, Marcia with Cottage Jewel Antiques, and all of the Eugene O’Neil events, and other Chamber outings that we support. We are asking for 3 HOURS -FOUR TIMES A YEAR TO PROVIDE A LOCAL MUSICANS GROUP TO ENTERTAIN THE TOWN OF DANVILLE. Please let us have this, we have shown that we are great partners to the community, and we are tired of being wronged by one unruly neighbor, where our event benefits hundreds. And allows us to increase our sales for one day. I hope this letter answers any questions you have, since we have been voicing our concern for over 3 years now. Please reach out to us if you need any additional information, we just really want to be heard. This has been painstaking to say the least. Thank you Thank you for your time and consideration. 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S p e c i f i c a l l y : o a l l o u t d o o r u s e a s i d e f r o m t h e f r o n t o f t h e p r o p e r t y m u s t b e d i s c o n t i n u e d o t h e r e w i l l b e n o o u t d o o r m u s i c , o t h e r t h a n t h e L - 2 p e r s o n a c o u s t i c m u s i c o n F r i d a y a n d S a t u r d a y n i g h t s p e r m i t t e d i n t h e A B C p e r m i t i s s u e d f o r t h e f r o n t p a t i o . I f A u b u r n d o e s n o t b e g i n t o c o m p l y w i t h t h e l a w a n d c e a s e t h e s e v i o l a t i o n s , m y s e l f a n d t h e C i t y A t t o r n e y w i l l s e e k a u t h ó r i z a t i o n f r o m t h e T o w n C o u n c i l t o i n i t i a t e l i t i g a t i o n i n a n e f f o i t t o s t o p w h a t c o n s t i t u t e s a p u b l i c n u i s a n c e . S h o u l d i t b e n e c e s s a r y f o r u s t o t a k e t h a t s t e p , w e w o u l d b e r e q u i r e d t o i n c l u d e b o t h t h e p r o p e r t y o w n e r a s w e l l a s t h e b u s i n e s s o w n e r . I n o r d e r t o a v o i d t h i s , y o u s h o u l d p r o v i d e t h e T o w n w i t h a l e t t e r o u t l i n i n g t h e s t e p s y o u w i l l t a k e a n d y o r r i w i l l i n g n e s s t o f u l l y c o m p l y w i t h a p p l i c a b l e r e g u l a t i o n s . O c t o b e r 3 , 2 0 2 2 P a g e 3 I a m h o p e f u l t h a t w e c a n r e s o l v e t h e s e i s s u e s w i t h o u t t h e n e e d f o r a n y f u r t h e r l e g a l a c t i o n u t ¿ I a m h a p p y t o t a l k o r m e e t w i t h a n y o f y o u t o d i s c u s s f u r t h e r ' T M a n a g e r C h i e f o f P o l i c e C i t y A t t o r n e y C h i e f o f P l a n n i n g C o d e E n f o r c e m e n t O f f i c e r C c ATTACHMENT F