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Neighbors press Planning Commission to hold operator accountable after Birba restaurants' code findings
Summary
Neighbors told the Planning Commission Birba at 458 Grove has generated ongoing noise, late‑night activity and trash complaints; Planning Department staff reported multiple complaints and enforcement actions and said the operator must resolve code issues before any conditional use authorization for outdoor activities would be considered.
Planning staff gave an informational update on the operation of Birba at 458 Grove Street and detailed four complaints since the restaurant opened and the department’s review and enforcement actions.
Carly Grove of Planning said staff found the operator was not meeting the 51% food sales test for a bona‑fide eating place (planning code section referenced in staff comments) and noted other complaints about unlocked rear doors and outdoor disposal of bottles. Planning closed some complaints after findings — for example that locking the rear door could create a fire hazard — and kept others under investigation while advising the operator on remedial steps. Staff said the restaurant may revise its business plan to raise food sales or apply to change its use to a principally permitted bar if it cannot meet the eating‑place threshold; the operator must also secure indoor storage for trash and recycling and honor conditions of its earlier discretionary review.
Several neighbors — most prominently John Colton, who lives immediately adjacent — said noise from patrons, late closing times and glass disposal in a rear yard have continued despite calls to code enforcement and asked the commission to oppose any conditional use for an outdoor activity area and to recommend against issuance of a permanent ABC beer and wine license until Birba demonstrates it can operate as a bona‑fide eating place. The project sponsor’s counsel read multiple letters and a petition (about 450 signatures) in support and said the owner has been working with neighbors.
Action: department indicated it will continue enforcement and will not consider a conditional‑use application for outdoor activities until code and operational issues are resolved and the project demonstrates compliance with the bona‑fide eating place requirement.
