File #: 2018-5921   
Type: Regular Agenda Item
Body: Planning Board
On agenda: 9/10/2018
Title: PLN18-0228 - Conditional Use Permit - 1518 Park Street - Applicant: Jason Tsang on behalf of Habana's Cuban Cuisine. A public hearing to consider a request for approval of a Conditional Use Permit to allow an existing restaurant to operate after 10:00 P.M., until 1:30 A.M., every Friday and Saturday night. Live or amplified music and dancing will take place inside the restaurant from 7:00 P.M. until 11:00 P.M. The project site is located in the C-C-T (Community Commercial, Theatre Combining) Zoning District.
Attachments: 1. Exhibit 1 - Draft Resolution, 2. Exhibit 2 - Floor Plan, 3. Exhibit 3 - Public Comment for 7-16-18 Zoning Administrator Hearing, 4. Item 7-A Public Comment
Title

PLN18-0228 - Conditional Use Permit - 1518 Park Street - Applicant: Jason Tsang on behalf of Habana's Cuban Cuisine. A public hearing to consider a request for approval of a Conditional Use Permit to allow an existing restaurant to operate after 10:00 P.M., until 1:30 A.M., every Friday and Saturday night. Live or amplified music and dancing will take place inside the restaurant from 7:00 P.M. until 11:00 P.M. The project site is located in the C-C-T (Community Commercial, Theatre Combining) Zoning District.

Body

BACKGROUND

Habana's Cuban Cuisine has been in operation at 1518 Park Street since 2007. In March 2018, the Alameda Police Department (APD) responded to two separate incidents involving late night physical altercations at the business. APD also received nighttime complaints about loud music coming from the business on the weekends. After verifying the complaints, the business owner was notified that a Use Permit was required to operate past 10:00 P.M. and a dance permit from the Chief of Police was also required for the dance activity.

Under Alameda Municipal Code (AMC) Section 30-4.9A(c), businesses are required to obtain a use permit to operate between the nighttime hours of 10:00 p.m. and 7:00 a.m. On May 9, 2018 the owner of the Habana's Cuban Cuisine applied for a Use Permit to extend the hours of operations from 10:00 P.M. to 1:30 A.M. on Friday and Saturday nights, which would accommodate live music performances and dance after 10:00 P.M. At the Zoning Administrator hearing on July 16, 2018, several residents from the surrounding neighborhood expressed opposition due to concerns of noise and disturbances if the business was granted approval to operate past 10:00 P.M. The Zoning Administrator is referring the application to the Planning Board for consideration pursuant to AMC Section 30-21.4(a) for proposals that generate public concern.

DISCUSSION

Project Description
The applicant requests the approval of a Use Permit to allo...

Click here for full text