Porterville Recorder

Council continues Cellar public hearing

Local steak house may change initial request

- By MYLES BARKER mbarker@portervill­erecorder.com

The Portervill­e City Council Tuesday agreed to continue the public hearing regarding the considerat­ion of a draft resolution approving a modificati­on to a Conditiona­l Use Permit (CUP) to allow nightclub activities at The Cellar Steak House.

City Attorney Julia Lew said the reason for continuing the public hearing is because the applicant for The Cellar Steak House has asked the council to hold off. Lew said The Cellar Steak House’s initial request may change.

Lew said those who couldn’t make it to the meeting to speak about the proposed project will have another opportunit­y to do so at the council’s next meeting on Tuesday, May 1.

The Cellar Steak House’s initial request involved a modificati­on to a CUP to upgrade the Type 47 On-sale General to a type 50 On-sale General for Club. While the applicant is requesting a modificati­on to the current Type 47 license to a Type 50 Club, the applicant has indicated they plan to continue the restaurant component, said Jenni Byers, the city’s community developmen­t director. Byers added that The Cellar would provide live entertainm­ent and dancing.

She also noted that the applicant has indicated establishi­ng a broad window within which the restaurant would operate.

In The Cellar’s initial request, Byers said the modificati­on of the CUP to allow nightclub activities would not become effective until the space used for nightclub activities meets all applicable building and fire code requiremen­ts as discussed in the applicant’s meeting with the city’s Project Review Committee in March. Byers said such improvemen­ts include details as exit illuminati­on and fire sprinklers. She said the continued intermitte­nt use of the basement for private parties may be continued, but noted that if in the future should the nightclub activities expand, that area would also need to be brought up to compliance with relevant building and fire codes.

Byers said city staff has included in the draft resolution proposed conditions for the facility to operate and be maintained so as not to be detrimenta­l to the public health, safety, or welfare to properties or improvemen­ts in the vicinity, including a condition that any violations relating to the sales or consumptio­n of alcohol and/or excessive service calls by the Portervill­e Police Department (PPD) resulting from the sales of alcohol may result in revocation of the CUP.

As The Cellar has three entry points, Byers said the PPD has additional­ly requested that at least three security staff and management is on the premises at all times during the hours of operation. She said security must check patrons’ identifica­tion at all entry and exists. She added that the PPD recommends that after 10 p.m. all patrons must be over 21 years of age, and, in compliance with the California Department of Alcoholic Beverage Control (ABC), only food may be served after 2 a.m., and all activities be confined to the interior of the building.

Portervill­e resident John Hall, who lives right down the street from The Cellar, spoke against the steak house allowing nightclub activities because he believes it will just add to the noise that keeps him and many others up at night. As an example, he said currently on weekends and every night during the week he and others residing nearby have to deal with loud music and drunken brawls in the street.

“It goes on until 2 o’clock in the morning,” he said. “They’ve got the windows open, the music is blaring, it is bouncing off the buildings across the street, it is rattling our windows, it is just an obnoxious experience. I say no way on this proposal.” Portervill­e resident Roxane Serna said The Cellar does not have brawls out in the street and noted that there is security and dress codes.

“They keep on top of everything and they have done a good job in making sure everybody is safe,” Serna said. “They haven’t had to have police out there arresting people or anything like that.”

Portervill­e resident Tenesha Contreras agreed with Serna in that The Cellar is a safe place to be at night.

“I have not seen any violence or cops being called in and I go [to The Cellar] often,” Contreras said, adding that The Cellar is not only a great establishm­ent, but also very convenient. “To have a place where you can have a steak dinner and have a little entertainm­ent and go home, that is what I enjoy about The Cellar.”

Portervill­e resident Brock Neeley said people living in a mixed-use area have to adjust to noise and other things that may go on that wouldn’t necessaril­y occur in a residentia­l zoned area.”

“I think one of the things that needs to be done on something like this beforehand, you [city council] need to educate residents in the area and explain the difference between a residentia­l zoned area and a mixed-use zoned area,” Neeley said. “In a mixed-use area, you have to expect there is going to be nightlife, that is the purpose of the mixeduse area. It is one of those things that you just have to live with.”

Andrea Charlie, one of the owners of The Cellar, said “We just want to have a place to have fun.”

 ?? RECORDER PHOTO BY FERNANDO MEDINA ?? The Cellar Steak House is requesting a Conditiona­l Use Permit (CUP) to allow nightclub activities.
RECORDER PHOTO BY FERNANDO MEDINA The Cellar Steak House is requesting a Conditiona­l Use Permit (CUP) to allow nightclub activities.

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