Title
Subject: Fenton's Creamery - Public Hearing
From: Oakland Planning Commission
Recommendation: Conduct a Public Hearing and provide direction regarding the appeal of the April 2, 2003 City Planning Commission decision of design review and variance application for the restoration and rehabilitation of Fenton's Creamery - 4226 Piedmont Avenue Appellant: E. Felizardo
Body
To: City Councilmernbers
From: Councilmember Jane Brunner
Date: July 29, 2003
RE: Fenton's Appeal--Itern 14
Colleagues:
I move to uphold the Planning Commission decision, subject to the Conditions of
Approval below.
I also move that we have the Planning Director request that the Planning
Commission consider within 45 days all aspects of Fenton's current facilities and
operations to ensure that it is operating in conformance with its rights as a
preexisting legal nonconforming use. Should the Commission find that such
facilities or uses are not in conformance, then Fenton's shall apply for the
required Use Permits or terminate such uses within 60 days of the Planning
Commission's determination.
This referral does not compromise Fenton's ability to operate in the manner they
were legally entitled to prior to the fire.
NOISE:
1. Within 30 days, the applicant will sound proof all compressors or rooftop equipment as
recommended in the June 23, 2003 report from Wilson, Ihrig and in accordance with
applicable Oakland Noise Ordinances.
2. There shall be no outdoor amplified sound.
3. The operator shall establish and enforce a list of rules for employees to conduct
themselves in the exterior areas of the property and when going to and from
transportation, particularly in regard to controlling excessive noise and loitering. These
rules shall be submitted for review and approval to the Planning Department within 30
days of this approval.
4. Applicant shall install a sign, with a minimum dimension of 2ft. x 2ft., clearly visible to
patrons leaving Fenton's stating, "Please keep the noise and disturbance level down for
our neighbors."
ZONING
5. Hours of operat'Lon shall be 9:00 a.m. to 12:00 a.m. Sunday through Thursday and
9:00 a.m .to 1:00 4-4,4g4at on Fridays and Saturdays. All employees are to leave the
premises within two hours of closing time.
TRAFFIC
6. All deliveries to Fentons shall be limited to weekdays and Saturdays from 7:00arn to
7:00pm
ORA/COUNCIL
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JULY 29, 2003
7. Applicant shall notffy, in wfting, all delivery serv@ces using trucks in excess of one ton
to use Piedmont Avenue for entering Fenton's parking lot to make deliveries. There shall
be no use of Entrada for loading or unloading purposes.
8. An arrow must be painted on the asphalt at the exit of the parking lot directing traffic
to the right and a sign put up on Fenton's property stating "Right Turn Only."
9. Applicant must keep the Fenton's parking lot open to patrons during
all operating hours.
GARBAGE
10. All garbage and garbage receptacles shall be kept in an enclosure completely
screened from public view. All garbage receptacles will have lids that shall be completely
secured at all times such that they can be firmly in place so as to control garbage odors
and pests. Operator shall establish a weekly trash pick-up schedule commensurate with
trash storage capacity.
11. Applicant will maintain the sidewalks immediately adjacent to Fenton's by placing
trash cans on each adjacent street corner (at Glenwood and Entrada), emptying the trash
cans on a regular schedule and picking up litter at least twice per day, and washing down
the sidewalks at least once per day to remove spilled ice cream. Applicant will be
responsible for litter within a one block radius of Fenton's. Trash cans shall meet or
exceed standards for such cans maintained by the city elsewhere on Piedmont Ave., with
regard to design and construction. Operator shall complete a maintenance agreement
with the City and submit a security deposit during a two year period to assure compliance
with this condition.
GENERAL OPERATING CONDITIONS
12. All exterior lights will be adjusted to eliminate glare into neighbors' windows.
13. All ingress and egress shall be through the main door on Piedmont Avenue with the
exception of employees using the loading dock or cold storage zirea located immediately
adjacent to the parking lot, at the South corner of the building. Ingress and egress from
the warehouse on Glenwood is also permitted for the purposes of moving goods to and
from the warehouse.
14. Operator shall designate a complaint manager during all hours of operation and until
all employees are off the premises. All complaints shall be logged in writing and responded
to within 72 hours, either by resolving the complaint or stating a time certain for taking
corrective action. This log may be reviewed by the City upon request.
15. The applicant shall pay to move the two north-facing windows at the rear of the
apartment building immediately behind Fenton's (located on Entrada) to preserve solar
access, if the owner of the building so desires.
ORA/COUNCIL
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JULY 29, 2003