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File #: RES 15-119    Version: Name: 15-028 San Jose
Type: Resolution Status: Passed
File created: 7/9/2015 In control: City Council
On agenda: 7/9/2015 Final action: 7/9/2015
Title: GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR OUTDOOR DINING TO BE LOCATED IN A B-3 (REGIONAL COMMERCIAL) ZONING DISTRICT AT 12531 CENTRAL AVENUE NE. SAN JOSE MEXICAN RESTAURANT. (CASE FILE NO. 15-0028/EOW)
Sponsors: Bryan Schafer
Attachments: 1. San Jose - Attachments

DEVELOPMENT BUSINESS - Bryan K. Schafer, Planning and Community Development Director

 

Title

GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR OUTDOOR DINING TO BE LOCATED IN A B-3 (REGIONAL COMMERCIAL) ZONING DISTRICT AT 12531 CENTRAL AVENUE NE. SAN JOSE MEXICAN RESTAURANT. (CASE FILE NO. 15-0028/EOW)

 

Schedule of Actions

Planning Commission (Public Hearing)

06/09/15

City Council (Conditional Use Permit)

07/09/15

Action Deadline

08/09/15

 

Planning Commission

The Planning Commission voted unanimously to approve the conditional use permit. There were no comments at the public hearing.

 

Background

San Jose Mexican Restaurant currently occupies a tenant space in an existing multi-tenant building in Blaine Town Center. San Jose sits in Bay 210, in the central portion of the building. The restaurant would like to offer outdoor dining on the premises and has made an application for a conditional use permit according to ordinance requirements.

 

The proposed outdoor dining area has space for 36 seats. The outdoor dining

area will be uncovered and differentiated from the surrounding area by fencing.

 

The parking on site will not be affected by this outdoor dining area, but the adjoining sidewalk will be reduced to a five foot width along the length of the patio.

 

The outdoor dining area will be subject to SAC (Sewer Access Charges). The

applicant must work with the City’s Chief Building Official and Metropolitan Council to determine the amount required for this use.

 

All other requirements listed in the attached conditions are the standard

conditions that the City applies to other outdoor dining conditional use permits.

 

 

Recommendation

By motion, approve the Resolution.

 

Attachments

Zoning and Location Map

Floor Plan

Schematic Drawing

Site Plan

 

Body

                     WHEREAS, an application has been filed by San Jose Mexican Restaurant as Conditional Use Permit Case File No. 15-0028; and

 

                     WHEREAS, a public hearing has been held by the Blaine Planning Commission on June 9, 2015; and

 

                     WHEREAS, the Blaine Planning Commission recommends said Conditional Use Permit be approved; and

 

                     WHEREAS, the Blaine City Council has reviewed said case on July 9, 2015.

 

                     NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Blaine that a Conditional Use Permit is hereby approved per Section 30.24(r) of the Zoning Ordinance to allow for outdoor dining to be located in a B-3 (Regional Commercial) zoning district at 12531 Central Avenue NE based on the following conditions:

 

1.                     The outdoor dining area will be subject to a SAC review and payment. The applicant must work with the City’s Chief Building Official and Metropolitan Council to determine the amount required for this use.

2.                     Plans for amplified music or a public address system for the outdoor dining

area to be reviewed by the City and approved by the Blaine Town Center

management company prior to installation. Noise level of the music in the

outdoor dining area to not exceed normal conversation level.

3.                     No outdoor advertising on building or patio area without obtaining a

permit, including any signage on table umbrellas.

4.                     The outdoor dining area limited to the patio area identified on the attached

site plan, and there can be no more than 36 seats in the outdoor dining

area.

5.                     The outdoor dining area to meet all appropriate City regulations and

license requirements for dispensing of alcohol in an outdoor setting.

6.                     The ability to operate outdoor dining is reliant upon the applicant’s ability

to adequately control litter and refuse as associated with the facility.

7.                     Exit doors in any railing or fence in the outdoor dining area shall be

openable from the inside without the use of a key or any special knowledge

or effort, per the Uniform Building Code.

8.                     Provide manufacturing specifications and requirements for propane heater

use and clearance to combustibles if they are to be used on site.

9.                     Provide a detailed plan of fencing to surround patio and acquire a permit for construction of said fencing.

 

PASSED by the City Council of the City of Blaine this 9th day of July, 2015.