Ocean Ave. receives permit

A permit for dancing to amplified music at the Ocean Avenue Brewery Company was approved at the City Council meeting Tuesday, as recommended by the Planning Commission. The approval was by default. Two council members opposed approval of the amendments to the brewery’s conditional use permit requested by the owners, but could not muster the third vote required to overturn the planning commission recommendation.

“My preference would be to go back to the original CUP with a major focus on the restaurant — maybe some music, but no amplification,� said Councilwoman Elizabeth Schneider.

Councilman Kelly Boyd and Mayor Pro Tem Cheryl Kinsman recused themselves because they own nearby property, leaving Schneider, Councilwoman Toni Iseman and Mayor Jane Egly to consider the appeal of the commission’s recommendations, filed by Egly.

“If Jane had not appealed this, I would have,� said Iseman, who wanted changes in the commission’s recommendations, but not a ban on amplified music.

Iseman said at Tuesday’s meeting that when a restaurant morphs into a nightclub without being designated a nightclub, it poses a problem.

She proposed that the council emphasize the restaurant aspect of the proposal, but allow amplified music on the weekends.

There was no second.

City Attorney Philip Kohn advised the council that any modifications to the commission’s conditions of approval or an overturn would require a unanimous vote.

“State code says that any action requiring a resolution requires three votes, in the case of a five-member council,� City Manager Ken Frank said.

The resolution approving the amended permit is lengthy — all told, there are 53 conditions imposed by the commission — and detailed right down to the size of the font of occupancy limit signs.

The commission voted 3-1 to approve live entertainment by four musicians or a disc jockey, a 14x14 dance floor in use from 9 p.m. to 1 a.m. Tuesday through Sunday.

Commission Chairman Bob Chapman abstained because he has a business underway nearby. Commissioner Rob Zur Schmiede voted against the recommendation because he wanted a more extensive review of the proposal.

Other conditions require a training program for security personnel; an occupancy load manager on-site from 8 p.m. to closing; a limit of 100 people inside the establishment, whether diners, dancers or restaurant staff; and a full-service menu rather than appetizers-only as the business owner had requested.

The recommendation to approve the amendments was made over the objections of the city staff, which opined that requested changes converted the restaurant into a nightclub, and city officials who opposed the revised permit because of numerous complaints about violations of the original permit and the rowdy crowd that frequents the popular establishment and reportedly often spilled out onto the street.

“We worked hard to establish a success,� founding owner Jonathan Thompson said. “The Brewery has turned into a local hot spot and the support of locals has been vital.�

There was no public testimony at the council meeting in opposition to the revised permit, but 17 residents and business people spoke up on the brewery owners’ behalf.

“The brewery has been a positive part of the community,� said Steven Chew.

“It seems like you are pushing them out and letting chains like Tommy Bahama’s in.�

A review of the permit will be in September, or even sooner if triggered by a written complaint.

BARBARA DIAMOND can be reached at (949) 494-4321 or [email protected].