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Home My WebLink About8.1 Fusion Restaurant Dance Floor CUPSTAFF REPORT PLANNING COMMISSION DATE: TO: January 12, 2010 Planning Commission SUBJECT: PUBLIC HEARING - PA 09-037 Fusion Restaurant and Lounge Conditional Use Permit request to operate a Dance Floor (Quasi- Judicial). Report prepared by Erica Fraser, Senior Planner EXECUTIVE SUMMARY: The Applicants have requested approval of a Conditional Use Permit to operate a Dance Floor inside the Fusion Restaurant and Lounge located at 4100 Grafton Street in the Grafton Station shopping center. The Dance Floor would be operational Wednesday through Saturday and on holidays from 9:30 p.m. to 2:00 a.m. RECOMMENDATION: Staff recommends that the Planning Commission: 1) Receive Staff presentation; 2) Open the public hearing; 3) Take testimony from the Applicants and the public; 4) Close the public hearing and deliberate; and 5) Adopt a Resolution approving a request for a Conditional Use Permit to operate a Dance Floor located at 4100 Grafton Street. Submitted By Senior Planner r 'ewed By Planning Manager COPIES TO: Applicant ~~ File ITEM NO.: Page 1 of 5 G: IPA#120091PA 09-037 Dance Floor at 4100 GraftonlPC Staff Report 1.12.09. doc DESCRIPTION: The Applicants, Sutra SF, the owners of the Fusion Restaurant and Lounge have requested approval of a Conditional Use Permit to operate a 625 square-foot Dance Floor located at 4100 Grafton Street in the Grafton Station shopping center. A lounge and restaurant are permitted to operate by right in the Planned Development; however, a Dance Floor requires approval of a Conditional Use Permit prior to allowing. dancing. The Grafton Station shopping center is currently partially constructed. with one large format retail building (Lowe's Home Improvement Warehouse) completed and four smaller retail pad buildings which were recently completed. The Fusion Restaurant and Lounge will be located in one of the smaller retail buildings as shown on the map below. Currently, there is only one other tenant in the smaller retail buildings which is open (Buffalo Wild Wings). Figure 1: Grafton Station W MMERCIAL `(YC S) `AMPUSC~ICE ~ Fusion ,~o, VILLA4E COMMERCE (VC Sj ~~~ ~~ll Dublin Blvd. r ~ __ ~ 7 ~ a i s, - m i k -- ^ a~q e ,_~P Zv.,,..e PAO ~~l ~y v~~~~ '~ _ y ~ ,~ ° t ~ .r I i iy .r a I~ ~I ~ i I 1TT~l~~JTI'U- ~~, - --=! ~~ ___~E_ -I ~- Vacant ~ ~ _ ,~~ _ u r _ F. 1 ,~= _~ i._ Ii i ~~- - ~~~.; GENERAL C0~'SMERCfAL ~` ro REZONe nrsen BOUNDARY ANALYSIS: The Planned Development for Grafton Station (PA 05-030} allows the operation of a Dance Floor with approval of a Conditional Use Permit. The Planned Development allows for the Zoning Administrator to review requests for a Conditional Use Permit for a Dance Floor; however, the City received one negative comment about the potential for negative impacts related to the operation of a Dance Floor and the Zoning Administrator decided to transfer hearing jurisdiction to the Planning Commission in accordance with the Zoning Ordinance. The Fusion Restaurant and Lounge proposes 'to be open Monday through Saturday. The Restaurant and Lounge would be open for lunch from 11:00 a.m. - 3:00 p.m., and for dinner from 5:00 p.m. - 9:30 p.m. The Dance Floor would operate Wednesday through Saturday and Page 2 of 5 on Holidays (which occur on Mondays and Tuesdays only) from 9:30 p.m. - 2:00 a.m. The Dance Floor is approximately 625 square feet in size and the restaurant would have live music and/or DJs to supply the entertainment for the venue. Fusion Restaurant and Lounge would be closed on Sundays. Section 8.76.080.D of the Zoning Ordinance includes parking requirements for dance floors. The Planned Development (PA 05-030) also includes parking requirements for restaurants., Based on the parking requirements in the Planned Development, this tenant space would be required to provide 26 parking stalls to support a restaurant use (when the dance floor is not in operation). The Dance Floor has a higher parking demand than a restaurant of a similar size. The following table illustrates the parking requirements for the Fusion Restaurant and Lounge when the Dance Floor is operational (the peak demand period for this space). Table 1: Required Parking Use Type Parking Requirement Floor Space Stalls Required Dance Floor 1/20 s uare feet 625 s uare feet 31.25 Assembl Area 1 /50 square feet 1,360 square feet 27.2 Back of Restaurant and Preparation 1/200 square feet 1,179 square feet 5.9 Areas Total Parking Stalls Required 64 As shown on the above table, the Applicants are required to have a total of 64 parking spaces to support the space when the Dance Floor is in operation. This number is greater than the 26 parking stalls that are required to support the space when only the restaurant is in operation. Once complete, Grafton Station will have a total of 1,284 parking stalls on site (currently, there are approximately 1,100 parking stalls on the site). Grafton Station was built with a surplus of parking stalls to accommodate a variety of restaurant and retail uses on the site. Additionally, the Dance Floor will operate in the evening when retail uses in the center, including Lowe's, are closed. The parking stalls provided on the site (approximately 1,100) are more than adequate to support the existing tenants as well as future tenants (including additional restaurant space). As noted by the Applicants in their written statement, (please refer to page 2 of Attachment 2), the Applicants will be implementing a comprehensive security plan to ensure that the business does not have negative impacts on the surrounding area. The Applicants also plan to have a minimum of three security guards located outside of the restaurant and would have aroped-off area (queue) located between the parking lot and the building for people to wait. The Police Department has reviewed the proposed plan and written statement and is comfortable with the Applicants' proposal. Staff has also included Conditions of Approval to this Conditional Use Permit which seek to minimize impacts on the surrounding area (Attachment 1). These conditions relate to the hours of operation, noise, security and patron queuing. Staff has also included Condition of Approval Number 17 which allows the Community Development Director to review the Conditional Use Permit on an annual basis. Should the Community Development Director determine that the findings for this Conditional Use Permit can no longer be made, the Community Development Director may bring the Conditional Use Page3of5 Permit back to the Planning Commission to amend the Conditions of Approval or for revocation if warranted. CONSISTENCY WITH THE GENERAL PLAN, SPECIFIC PLAN AND ZONING ORDINANCE: The proposed Dance Floor would increase the vitality of Grafton Station by allowing a facility which would be open throughout the day and into the night. The Fusion Restaurant and Lounge would provide a facility which would increase the economic diversity of the area which is compatible with the intent of the General Plan. Adding a use which is not currently found in the area will increase the range of commercial services in the area, which is consistent with the General Plan (Policy 2.2.4). Additionally, the proposed use will allow for the continued growth of Grafton Station which is consistent with the Eastern Dublin Specific Plan. REVIEW BY APPLICABLE DEPARTMENT AND AGENCIES: The Building Division, Fire Prevention Bureau, Public Works Department and the Dublin Police Services reviewed the project and provided Conditions of Approval where appropriate to ensure that the Project is established in compliance with all local Ordinances and .Regulations. Conditions of Approval from these departments and agencies have been included in the attached Resolution (Attachment 1). NOTICING REQUIREMENTS/PUBLIC OUTREACH: In accordance with State law, a .Public Notice was mailed to all property owners and occupants within 300 feet of the proposed Project. Where the 300 foot radius touched a portion of a building, Staff also mailed notices to all occupants of the building. A Public Notice was also published in the Valley Times and posted at several locations throughout the City. Prior to the noticing of this Project, the City received one negative comment regarding the Project. No complaints were received following the noticing of the proposed Dance Floor. ENVIRONMENTAL REVIEW: The California Environmental Quality Act. (CEQA), together with the State guidelines and City environmental regulations require that certain projects be reviewed for environmental impacts and. when applicable, environmental documents prepared. Staff is recommending that the Project be found Categorically Exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15301, Existing Facilities which allows for minor alterations to an existing private structure and involving negligible or no expansion of use. ATTACHMENTS: 1) Resolution approving a request for a Conditional Use Permit to operate a Dance Floor located at 4100 Grafton Street. 2) Applicant's Written Statement. 3) Floor Plan. Page 4 of 5 GENERAL INFORMATION: PROPERTY OWNER: APPLICANT: LOCATION: GENERAL PLAN LAND USE DESIGNATION: SPECIFIC PLAN/ LAND USE DESIGNATION: ZONING: SURROUNDING USES: James, Tong Stanforth Holding Company, LLC 4690 Chabot Drive, Suite 100 Pleasanton, CA 94588 Sutra SF 443 Broadway San Francisco, CA 94133 4100 Grafton Street Assessors Parcel Number(s): 985-0061-008 General Commercial Eastern Dublin Specific Plan, General Commercial PD, Planned Development (PA 05-030) Location Zoning General Plan Land Use Current Use of Pro ert Site PD, Planned General Commercial Retail Commercial Development PA 05-030 North PD, Planned High Density Residential and Residential, Vacant Development Neighborhood Commercial Commercial lands PA 98-069 South PD, Planned General Commercial/Campus Retail Commercial Development Office PA 05-030 East PD, Planned Campus Office Vacant Development PA 98-070 West PD, Planned General Commercial Vacant Development (PA 94-030 Page 5 of 5