ITEM 9.1- PUBLIC HEARING – CONDITIONAL
USE PERMIT FOR THE ON-SITE SALE OF
BEER, WINE, AND DISTILLED SPIRITS (ABC
TYPE-47) AND LIVE ENTERTAINMENT AT
AN EXISTING RESTAURANT (MANILA
BISTRO) LOCATED AT 933 SOUTH
HARBISON AVENUE
Overhead
Site Characteristics
• Manila Bistro
• Existing 1,700 ft² restaurant located in a commercial shopping center • Minor Mixed Use District (MXD-1) zone
• Legal nonconforming ABC Type-41 license for on-site beer and wine (2004) • Surrounded by commercial and residential uses
• Properties directly abutting the restaurant are residences and commercial suites • Single-family residences located north and east of the property, separated by fencing and additional commercial suites
Front View
Proposal
• Upgrade ABC Type-41 to ABC Type-47 (beer, wine, and distilled spirits) and host live entertainment
• Alcohol sales hours from 11 a.m. to 11 p.m. Sunday – Thursday and 11 a.m. to midnight Fridays and Saturdays
• Live entertainment hours from 11 a.m. to 10 p.m. Sunday – Thursday and 11 a.m. to 11 p.m. Fridays and Saturdays
• Includes both karaoke and live music
• Floor plan shows 54 seats in dining area
Floor Plan
Analysis
• NCMC 18.30.050 allows for alcohol sales with approved CUP • Additional requirements for alcohol CUPs:
• Mailing – owners/occupants within 660 feet (404)
• Community meeting – Held June 1st, 2026 – 6 attendees • Census Tract 120.02 – 6 on-sale licenses where 4 are recommended • Considered overconcentrated (no additional license)
• No other Type 47 licenses in same census tract
• Distance requirements – Not applicable for restaurants with 30% seating floor area • 44% of floor area dedicated to seating
• Not located within 660 feet of a public school
• Adhere to City Council Policy 707
• Standard conditions
Analysis (cont.) – Hours of Operation
• Recent Approvals
Comments
• Public Comments
• One comment received (in opposition)
• Police Department (PD)
• Risk Assessment – 15 points
• Medium Risk – 13 to 18 points
• Assigns points based on type of business, license concentration, calls for service, etc. • Institute for Public Strategies (IPS)
• Limit alcohol sale times
• Prohibit alcohol sales during live entertainment events during the final 30 minutes before closing to encourage orderly dispersal of patrons
• Implement a security plan that includes staff monitoring during peak hours and live entertainment events • Maintain adequate exterior lighting and security cameras covering parking areas and business entrances • Post visible signage regarding responsible alcohol consumption California Environmental Quality Act
(CEQA)
• Determine To Be Categorically Exempt From Environmental Review Pursuant To Class 1, Section 15301 (Existing Facilities)
• Notice of exemption will be filed subsequent to an approval Conditions / Summary
• Conditions specific to onsite alcohol sales per Council Policy 707 • Hours of operation, RBSS training, accessory alcohol
• Application-specific conditions
• IPS comments related to security, lighting, and signage • Live entertainment conditions
• Proposed uses are consistent with the General Plan and Land Use Code • Alcohol sales for on-site consumption and live entertainment are conditionally-allowed uses in the MXD-1 zone
• Alcohol sales and live entertainment would be accessory to the business Options
• Approve the CUP request, subject to the conditions included in the Resolution, or other conditions, and based on the findings included in the Resolution, or other findings to be determined by the City Council; or,
• Deny CUP request, based on the attached findings, or findings to be determined by the City Council; or,
• Continue the item for additional information
• Planning Commission recommended approval
• Staff recommending approval