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Clearlake planning commission approves restaurant alcohol permit with parking-security condition

January 25, 2022 | Clearlake, Lake County, California


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Clearlake planning commission approves restaurant alcohol permit with parking-security condition
The Clearlake Planning Commission on Jan. 25 approved a conditional use permit to allow on-site alcoholic beverage sales at a small Lakeshore Drive restaurant, adding a condition requiring the business to secure its rear parking lot when it is closed.

Staff presented CUP 2021-33 and categorical exemption CE 2021-12, describing the existing building as constructed in 1958 and about 1,124 square feet. Assistant planner Mike Taylor said the applicant had applied for an Alcoholic Beverage Control Type 47 license (beer, wine and distilled spirits) and proposed operations that would include food service and an estimated six employees. Taylor said the police department recommended limiting hours for safety and staff recommended conditioning operation hours to 6 a.m. to 11 p.m.; the applicant had requested later weekend hours, to as late as 2 a.m.

The permit prompted neighborhood comment about late-night traffic, noise and limited parking. Dallas Reed, a nearby resident, told commissioners that recent state law changes allowing restaurants to sell “two cocktails to go” worry neighbors and asked for shorter hours, saying, according to his public comment, that "we live on Pearl Avenue, which is a residential area" and that late traffic "is very disturbing to kids and adults." Reed also noted the property’s history as a bar and questioned whether the restaurant’s parking (the packet referenced about 13 spaces) would be sufficient.

Commissioner Stewart said he supported the business obtaining a liquor license but objected to Condition 16, which would require the applicant to pay for curb, gutter and sidewalk improvements, calling that requirement "onerous" for a small operator and noting the city historically triggered such requirements for major remodels or $10,000-plus improvements. Stewart moved to adopt the permit as recommended by staff with one addition: the rear parking lot must be secured to the public during hours the business is closed. Commissioner McCarrick seconded the motion. On roll call, the motion passed.

Staff told the commission the project is categorically exempt from additional environmental review under the California Environmental Quality Act (CEQA) section 15301 for existing facilities and pointed commissioners to resolution PC 2022-07 for the recommended conditions of approval.

The commission’s approval includes the stated operational limits and the added security requirement for the rear parking lot; commissioners said they would rely on the permit conditions and standard code-enforcement mechanisms to address compliance. A staff representative said questions about how state ABC rules interact with local use-permit conditions would require follow-up with the city attorney and ABC if formal enforcement guidance is needed.

The commission did not specify a timeline for the applicant to implement the secured-parking condition; staff said the requirement would be part of the conditions that must be satisfied prior to operation.

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