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Brewery's New Owner Savors an Old Victory
By WILLIAM HAGLE
On Tuesday night before a full house, the City Council dragged the popular Ocean Avenue Brewery restaurant and nightspot through one last scathing review in a months long permit battle.
The protracted process had taken a toll on owners Jon and Maria Thomas and played a role in their decision to sell their 13-year-old business to a new owner, Robin Chang. Thomas, of San Clemente, does not own the Brewery's building.
"Part of it," Jon Thomas said, "is all the troubles. But what actually happened was that, in the middle of all this, a guy comes in and wants to buy the business." Thomas said escrow should close within a couple of weeks.
After accepting limits on occupancy, dancing and amplified music, the Brewery conditional use permit won approval from the Planning Commission in March. The subject was reopened because of an appeal filed by Mayor Jane Egly, whose initiative suffered defeat Tuesday in a close vote.
Two of the fivecouncil members could not legally vote on the matter because they own property within 300 feet of the Brewery. With only three voting members, a decision to uphold or deny the appeal would require a unanimous vote. Without all three votes, the planning commission directive would stand.
The Thomas's had already incorporated suggestions by the fireand police departments into their March 26 presentation to the commission, which was approved 3-1 until Egly reopened the issue on April 1.
"I appealed this for the number of police calls and expansion of noise and serving of alcohol," said Egly, surveying a full audience, and opening the floor to anyone speaking in support of her appeal. There were no takers.
Owner Jon Thomas' attorney, Larry Nokes, reminded the council that during the longstring of reviews Police Chief Mike Sellers had "made it very clear that the incidents are not just at the Brewery, but at the street," referring to patrons who spill into the street and sidewalks from neighboring Ocean Avenue nightspots.
Council member Toni Iseman let it be known that Mayor Egly was not alone in her concerns. "If Jane had not appealed this, I would have." Iseman went on to warn of the perils of what she called "C.U.P. creep," a tendency for conditional uses permitted to stretch into something different over time.
Council member Elizabeth Pearson recalled serving on the Planning Commission when Jon and Maria Thomas won her over by promising they would not contribute to transforming the block of mostly restaurants into a nightclub area.
"No amplified music," Pearson lamented. "That's what I originally bought into. I just don't want amplified music."
Public comments consistently and directly opposed Pearson's view, which was shared by all three council members. One resident nearby said she was never bothered by sound from the Brewery. Sara Silverman, who used to live on Cliff Drive, said, "I looked at historic pictures of the boardwalk from the 30's and they had ballroom dancing right there."
However, when it came time to vote on whether to uphold the appeal, which could have added, modified,or deleted any of the current 53 conditions of use, or imposed something more drastic, Egly and Pearson upheld the appeal and Iseman dissented.
Despite that Iseman was outvoted, City Attorney Phil Kohn had already made clear the outcome. "Unless all three of you agree, the final decision of the planning commission stands."
The commission ordered the establishment's performance reevaluated in September, after reviewing this summer's record of police incidents.
Thomas noted what he viewed as a lack of fairness in the proceedings. "The council discounted the fact that everyone was supporting. I think we are an easy target because we have a C.U.P.," he said.
The Thomas's intend to return to supplying architectural and home photos to builders, architects, designers, and tradesmen selling building products.
The Brewery's owner in escrow, Robin Chang, is no stranger to the hospitality business and expects to do well. While not committing yet to making any changes, he claims that he'll definitely be operating within the guidelines of the modified and recently approved conditional use permit.
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