Supports Item No. 4
P&E Committee Agenda
July 12, 2001

ADMINISTRATIVE REPORT

Date: June 26, 2001
Author/Local: Guy Gusdal/871-6461

RTS No. 2100

CC File No. 2615-27

P&E: July 12, 2001

TO:	Standing Committee on Planning and Environment
FROM:	Chief License Inspector
SUBJECT:	3728 Clark Drive - Corona Management Corp. Cedar Cottage Neighbourhood Pub - Addition of 20-seat Patio

RECOMMENDATION

THAT Council, having considered the opinions of area residents and business operators of the community as determined by neighbourhood notification, endorse the request by Corona Management Corp., for a 20-seat patio at the Cedar Cottage Neighbourhood Pub, 3728 Clark Drive, subject to:

i. A Time-Limited Development Permit

ii. The signing of a Good Neighbour Agreement

iii. The patio closing at 11:00 p.m.

GENERAL MANAGER'S COMMENTS

The General Manager of Community Services RECOMMENDS approval of the foregoing.

COUNCIL POLICY

Council policy requires that amendments to existing Class `D' Neighbourhood Pubs are subject to a Time Limited Development Permit, a Good Neighbour Agreement and neighbourhood notification.

PURPOSE

Corona Management Corp., is requesting a Council resolution endorsing their application for a 20-seat patio at the Cedar Cottage Neighbourhood Pub, 3728 Clark Drive.

BACKGROUND

Records indicate that a neighbourhood pub has been at this location since the mid 1970s. It is licensed by the Liquor Control and Licensing Branch for 100 seats. The hours of operation are Monday to Thursday 10:00 a.m. to 12:00 midnight, Friday and Saturday 11:00 a.m. to 1:00 a.m. and Sunday 11:00 a.m. to 12:00 midnight.

The applicant took over ownership on July 16, 2000. The business was closed while extensive renovations were carried out to modernize the interior and improvements made to the property's landscaping. The pub opened for business again on September 13, 2000.

This application is for a 20-seat patio to provide an area for patrons who smoke. The patio
will be located on the pub's own property, at the rear of the building. It will be visible from the interior of the pub and completely fenced, with the east barrier being a solid six foot wall which, the applicant advises, should reduce any noise emanating from this outdoor area. A video camera and monitor will be installed for added security. The patio will close at 11:00 p.m.

Outdoor Patio Regulations and Policies

Patio patron capacity is restricted to a minimum of 20-seats for a Class `D' Neighbourhood Pub.

In compliance with Section 25.5 of the License Bylaw and the Vancouver/Richmond Health Board Noise Bylaw, all amplification equipment used for musical reproduction and all components of such equipment must be contained within the building. Therefore, outside speakers will not be permitted.

City policy is to require service to outdoor seating areas to cease no later than 11:00 p.m., depending on concerns raised by neighbouring residents and business operators. Both the Planning and Health Departments require the patio to be designed to mitigate impact on neighbouring properties.

Area Surrounding Subject Premises

The subject premises are located in a C-2 Commercial District at 21^st Avenue and Kingsway. The surrounding area is a mixture of retail, restaurant, social club and residential uses (refer to the appendix).

Within the survey area are two Class `A' Lounges, (396 seats), both operated by private associations, and approximately four liquor licensed restaurants. There is no provincial government liquor store in the immediate vicinity.

DISCUSSION

Policy Issues

There are no City policy issues associated with this application. However, staff notes that the Workers' Compensation Board (WCB) smoking ban will come into effect in mid September of this year. Therefore, many businesses will be seeking outdoor seating areas for patrons who smoke.

Benefits of Proposal

Approval of the patio will give the operator the ability to adequately serve clientele who smoke and still comply with the City's and WCB's non smoking regulations.

Negatives of Proposal

There is potential for noise impacts on the surrounding properties from the use of the patio. Typically, limitation on the hours of service and patio design help mitigate these noise issues.

RESULTS OF NOTIFICATION

A neighbourhood notification was conducted by circulating 320 notices (refer to the appendix). Two responses were received in favour and seven opposed.

COMMENTS

The Police Department has no objection to the application. There are no records of calls for service related to liquor offences. The Neighbourhood Crime Prevention Officer advises that according to the neighbours, the pub is well run by the current management.

The Development Services Department has reviewed the application and records indicate that on August 24, 1976, Development Permit Number DE74774 was issued for the alteration and use of approximately 5,808 sq. ft. of the basement of this existing building as a Neighbourhood Public House.

The site is zoned C-2 Commercial District and a Neighbourhood Public House is a conditional use which may be permitted under this zoning. Any proposal to provide an outdoor seating area ancillary to the Neighbourhood Public House will require a separate development application.

As part of the review process, staff would include an assessment of the anticipated impacts on nearby sites, and particularly any residential uses. An application of this type would also be reviewed in accordance with the provisions of the Neighbourhood or Marine Public House Guidelines adopted by City Council on August 9, 1988.

The Vancouver/Richmond Health Board inspected the proposed site based on existing health bylaws and found that the patio will have two open sides allowing air to flow through to avoid smoking complaints. The east side of the proposed patio faces a residential area and, and the pub is prepared to build a barrier wall to avoid noise problems.

The Social Planning Department has no major concerns with this application, as long as closing hours for the patio could be monitored for potential neighbourhood disruptions and subject to amendment if necessary.

The Housing Centre has no comment.

CONCLUSION

Staff is confident that the 11:00 p.m. closing and the Time-Limited Development Permit will provide adequate controls to ensure the problem free operation of the patio. The business has operated without any significant incident under the control of the new operator who appears to have sincere concern for the community. As a result, staff supports the applicant's request for a 20-seat patio.

NOTE FROM CLERK: APPENDIX A (MAP) NOT AVAILABLE IN ELECTRONIC FORM - ON FILE IN THE OFFICE OF THE CITY CLERK.

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