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July 8, 2009 > Milpitas Planning Commission

Milpitas Planning Commission

Twelve month review for conditional use permit amendment no. UA08-0010
Review of the approval which allows seating on the dance floor during restaurant/dining hours and allows the service of a full range of alcoholic beverages for the existing restaurant, Club Bahia, located at 78 Dempsey Road.

Staff Recommendation: Close the public hearing; Note Receipt and File.

Project Planner Tifffany Brown presented to the Milpitas Planning Commission about Club Bahia.

In 1992 use permit #1132 was approved to allow for a restaurant with live entertainment, dancing, and the sale of beer and wine.

In 2008, an amendment to that use permit was approved to allow for the sale of all types of alcholic beverages, as an insular use to the restaurant.

As part of the permit amendment approval, the planning commission added the condition to have a 6 and 12-month review. During the first 6-month review there were complaints from the public in regards to noise.

To address the public's concerns, the planning commission approved a 60-day Compliance Review to ensure that the restaurant was following its conditions of approval.

The conclusion of the 60-day compliance review was that they were indeed following the conditions of approval. The 12 month review was presented at the June 24 Milpitas Planning Commission meeting.

The project is located within the Fiesta Plaza Shopping Center at 78 Dempsey Road.
The general plan and zoning ordinance designate this site as Neighborhood Commercial. And some of the neighboring uses include a mosque, and a market.

Staff checked with the Milpitas Police Department and Code Enforcement, and there were no issues or concerns reported at the time of this review. A memo was placed in front of the planning commissioners with attached public inquiries staff had received earlier on the day of the meeting.

Commissioner Tabladillo asked what were options considering in that the mosque is dually affected, and what could be done by the planning commission.

Bryan Otake, Milpitas' assistant city attorney, answered the question: What is the scope of the Planning Commission's authority and legal powers?

Conditional use permits can be revoked. They are controlled by the Milpitas Municipal Code. The Planning Commission can revoke, suspend, modify, or sustain (take no action). Depending on whether or not you find that there is a violation of the condition of approval for the permit, whether or not you find that the permit approval is being exercised in a manner that constitutes a public nuisance, posing a danger to public health or safety, inappropriate for uses in the area, or conflicts in a matter that endangers community welfare.

The planning commission has to assess whether the applicant has violated any condition of approval.

If Code Enforcement was unable to resolve the issue, it would appear before the planning commission, possibly to revoke the permit due to noncompliance.

Brown said that the police reported that this was a normal level of calls for this type of use.

The commission clarified that only three calls were in the nature of a disturbance, regarding intoxication, some fighting verbally, and some urinating.

At other times the Milpitas Police Department made "Calls of service." These are routine patrols, driving around to check things out, not at anyone's request.

In the period of review there were not a large number of complaint calls.

Commissioner Mark Tiernan summarized that This restaurant has been a member of the business community since 1992, they have gone through the conditional use process to allow seating on the dance floor and sale of a full range of alcoholic beverages, they have been in compliance, but as of the day of the meeting, June 24, the city had received 5 emails that basically talk about the concerns of 5 people, relating to noise, garbage, and litter. There had been no complaints to Code Enforcement. And it wasn't until it became an agendized item for the planning commission, that the city received the emails.

Commissioner Tiernan stated he wanted to go on record saying he thought that the restaurant in question had been in compliance, they had been a good citizen, a good business partner, and that he would vote for the staff recommendation. His sense was that if there were to be problems with this business that it would come to the attention of Code Enforcement. Tiernan stated if the planning commission were to burden Bahia with another 6-month to 12-month review then he believed that the commission would be treating Bahia differently from other businesses.

The Planning Commission voted to place another 12-month review for the conditional use permit, Tiernan voted no.

Next meeting
Wednesday, July 8
7 p.m.
City Hall
455 E. Calaveras Blvd., Milpitas
(408) 586-3279

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