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 Fe...
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