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Staff Report 3690
City of Palo Alto (ID # 3690) City Council Staff Report Report Type: Consent Calendar Meeting Date: 5/6/2013 City of Palo Alto Page 1 Summary Title: Freebirds Conditional Use Permit Title: Record of Land Use Action Approving a Conditional Use Permit for Beer and Wine Service at Freebirds World Burrito Located at 2305 El Camino Real From: City Manager Lead Department: Planning and Community Environment Recommendation Staff recommends a Council MOTION to approve the attached Record of Land Use Action (ROLUA, Attachment A) to approve the Conditional Use Permit (CUP) recommended by staff and the Planning and Transportation Commission (P&TC). A public hearing, requested following the Director of Planning and Community Environment’s tentative approval, has been held on this matter. The CUP is for the service of beer and wine at the Freebirds World Burrito restaurant, located at 2305 El Camino Real. Executive Summary The Municipal Code specifies a two-step Council review process for contested CUPs. If three Council members vote to take the item off the consent calendar, a hearing is to be scheduled for full Council discussion of the CUP request. On January 9, 2013, the Planning Director issued a tentative approval a CUP to serve beer and wine at Freebirds World Burrito restaurant. A nearby business owner, Dr. Hadler, requested that the P&TC consider the CUP in a public hearing. On April 10, 2013, the P&TC conducted a hearing, but Dr. Adler did not attend. The P&TC confirmed the Director’s Findings for Approval, and adjusted the approval conditions, as part of its recommendation for City Council approval. There were no public speakers attending the P&TC public hearing. Staff and the P&TC support the service of beer (and wine) in conjunction with meals at this location, in the manner proposed, with the expectation that such service will not result in negative impacts. City of Palo Alto Page 2 Background Site Information The project site is located at 2305 El Camino Real, at the corner of El Camino and Cambridge Avenue, as shown on the location map (Attachment B). The site’s land use, eating and drinking services, was established many years ago. The ‘Kentucky Fried Chicken’ restaurant opened in 1967, followed by ‘Wahoo’s Fish Taco’ restaurant in 2006. The ‘Freebirds World Burrito’ restaurant leased the site in 2012. Adjacent uses to the southeast along El Camino Real are the Cheese Steak Shop, a restaurant, and Palo Alto Pathology (office). Behind the building to the northeast is a public alleyway, known as New Mayfield Lane, and a two level City parking garage is located across the alley. Across Cambridge Avenue to the west is the First Republic Bank. Across El Camino Real to the southwest are two restaurants (Panda Express and Jack in the Box). Project Description Freebirds World Burrito is a Mexican food restaurant where one-on-one service is provided to each customer. Customers create their own taco, burrito, salad, or burrito bowl creation, choosing from over 40 fresh ingredients. The ambiance is a casual dining environment with décor and music reminiscent of a late 1960’s roadhouse. The applicant’s project description is attached (Attachment C). The requested CUP is for the service of beer and wine. Service of hard liquor is not proposed, and there is no bar in the restaurant. The restaurant is open from 10:30am to 10:00pm; therefore no late night activity would occur at the location. The tentative approval of the CUP did not allow the service of alcohol outside of the building. Restaurant Conditional Use Permits Restaurants only require a CUP approval if alcohol is served, or if the business plans to operate between the hours of 10 pm and 6 am and the establishment is within 50 feet of residentially zoned property. The service of beer and wine within restaurants is very typical. It is rare that such a facility results in negative impacts to adjacent properties. Establishments are more likely to have negative issues when providing full alcohol service in a “bar” type environment. This is why alcohol is only permitted in eating establishments by CUP approval. History The Director of Planning and Community Environment tentatively approved the CUP on January 9, 2013, in a letter (Attachment D). On January 18, 2013, Dr. Hadler, the owner of an adjacent business named Palo Alto Pathology, submitted an objection to the approval. Prior to this CUP application, there were two incidents involving Dr. Hadler and the Freebirds restaurant. The City of Palo Alto Page 3 first incident was the use of Dr. Hadler’s parking space by one of the contractors working on the interior build out of the Freebirds restaurant tenant space. The second incident was the placement of trash from the Freebirds restaurant in Dr. Hadler’s trash bins. Freebirds management addressed these two issues as soon as they were made aware of them. Dr. Hadler submitted several letters prior to the P&TC meeting and requested information from the City. Dr. Hadler’s original correspondence is attached to this report (Attachment E), as are the staff responses (Attachments F, G and H). Dr. Handler’s correspondence following the P&TC meeting is also attached (Attachment K). Commission Review and Recommendation On April 10, 2013, the P&TC unanimously supported staff’s findings and recommended approval of the CUP allowing the service of beer and wine, as reflected in the RLUA (Attachment A) and P&TC meeting minutes (Attachment I). Condition of approval number five was amended to allow the restaurant to stay open until 10:00 pm, at the applicant’s request. This was modified from an end time of 9:30 pm, which the applicant had originally requested. Condition number seven, related to keeping the area around the building clear of litter associated with the restaurant, was also amended to include the adjacent sidewalk in the area to be kept clean. The hearing requester, Dr. Hadler, did not attend the P&TC public hearing and there were no public speakers. The P&TC staff report (Attachment J) contains additional background, including a summary of concerns of the hearing requester. Discussion Review Process and Council Purview The Council’s review of CUPs is governed by PAMC Section 18.76.010. An applicant is entitled to a CUP if the following findings can be made: (1) The use shall not be detrimental or injurious to property/improvements in the vicinity and not be detrimental to the public health, safety, general welfare or convenience and (2) the use shall be located and conducted in a manner in accord with the Comprehensive Plan and purposes of the Zoning Code. The Municipal Code specifies a two-step Council review process for contested CUP’s. If three Council members vote to take the item off the consent calendar, a hearing is to be scheduled for full Council discussion of the CUP request. On January 9, 2013, the Planning Director issued a tentative approval of a CUP to serve beer and wine at Freebirds World Burrito restaurant. A nearby business owner, Dr. Hadler, requested P&TC consider the CUP in a public hearing. On April 10, 2013, the P&TC conducted a hearing, but Dr. Hadler did not attend. The P&TC unanimously confirmed the Director’s tentative decision that the proposed use would not have a negative impact on the surrounding neighborhood and recommended approval of the CUP to the Council. In addition, the P&TC City of Palo Alto Page 4 recommended modifying some of the approval conditions, at the applicant’s request. There were no public speakers attending the P&TC public hearing. Staff and the P&TC support the service of beer (and wine) in conjunction with meals at this location, in the manner proposed, with the expectation that such service will not result in negative impacts. The CUP regulations allow the City to re-evaluate the permit if issues do arise during the operations of the business. Timeline Application submitted: 11/06/13 Application tentatively approved by the Director: 01/09/13 Request for hearing received: 01/18/13 Planning and Transportation Commission hearing: 04/10/13 City Council consent calendar date: 05/06/13 Environmental Review This application is categorically exempt under the California Environmental Quality Act (CEQA) per CEQA Gudelines Section 15301. Courtesy Copies Dan Torres Pepper Lane-Pender, LLC Alexander Eagle Kenneth Hadler Attachments: : Attachment A: Record of Land Use Action (DOCX) : Attachment B: Site Location Map (PDF) : Attachment C: Applicant Project description Letter (PDF) : Attachment D: Tentative Conditional Use Permit Approval Letter (PDF) : Attachment E: Letter from Dr.Hadler March 21, 2013 (PDF) : Attachment F: Response to Dr. Hadler's March 27, 2013 (PDF) : Attachment G: Police Response to Dr. Hadler's PRR (PDF) City of Palo Alto Page 5 : Attachment H: Approved Alcohol CUPs 2008-2012 (PDF) : Attachment I: P&TC Minutes of April 10, 2013. (DOC) : Attachment J: P&TC Staff Report of April 10, 2013. (PDF) : Attachment K: Hadler Letters post PTC (PDF) 1 DRAFT APPROVAL NO. 2013-1 RECORD OF THE COUNCIL OF THE CITY OF PALO ALTO LAND USE APPROVAL FOR 2305 EL CAMINO REAL: FILE 12PLN-00454, CONDITIONAL USE PERMIT FOR THE SERVICE OF ALCOHOL (BEER AND WINE). (Dan Torres (Freebirds World Burrito), APPLICANT) The City Council of the City of Palo Alto (“City Council”) finds, determines, and declares as follows: SECTION 1. Background. A. On January 09, 2013, the Director of Planning and Community Environment issued a tentative approval of Conditional Use Permit (CUP) application 12PLN-00454 for the on sale service of alcohol (beer and wine) at 2305 El Camino Real, Freebirds World Burrito (“The Project”). B. On January 18, 2013, Staff received a request for hearing from Mr. Hadler, an adjacent business owner. C. On April 10, 2013, the Planning and Transportation Commission reviewed the Applicant’s request for approval of a CUP to allow the on-site sale service of alcohol (beer and wine) at 2305 El Camino Real, Freebirds World Burrito, and recommended approval of the CUP to the City Council. SECTION 2. Environmental Review. The Project is exempt from the provisions of the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15301. The Freebirds World Burrito restaurant is an existing permitted use within an existing building. SECTION 3. Conditional Use Permit Findings. In accordance with Palo Alto Municipal Code Section 18.76.010, the City Council makes the following findings: 1. The proposed use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience. The proposed restaurant use is permitted in the Community Commercial zoning district [CC2]. The alcohol service would be accessory to the restaurant use and there are no sensitive uses in close proximity that could be impacted by the beer and wine service. Beer and wine sales are projected to constitute less than 10% of the restaurant’s business. With the addition of alcohol service, the restaurant would remain compatible and contribute to the active commercial district. The restaurant is located within an existing building, the service of alcohol would be accessory to the primary restaurant use, and it would be conducted in a manner that would not be injurious to property or improvements in the vicinity or detrimental to the public health, Attachment A 2 safety, and general welfare, or convenience. The Applicant intends to achieve this by maintaining responsible serving practices and preventing youth access to alcohol. 2. The proposed use will be located and conducted in a manner in accordance with the Palo Alto Comprehensive Plan and the purposes of the Zoning Ordinance. The proposed restaurant and on-site sale service of alcohol are compatible with the site’s land use designation of Regional/Community Commercial and with its CC2 zoning designation. The restaurant and associated uses will serve to enliven the mix of businesses on the block and contribute to the area’s economic vitality. SECTION 4. Conditions of Approval 1. The use shall be conducted in substantial conformance with the CUP project plans received on November 6, 2012 and related documents on file with the City of Palo Alto Planning Division, except as modified by these conditions of approval. 2. This approval letter, including the Conditions of Approval, shall be printed on the plans submitted for building permit review, as applicable. 3. The service of alcohol must be associated with a bona fide public eating establishment or provided in conjunction with the service of food in compliance with the Palo Alto Municipal Code (PAMC). 4. The approved use permit does not allow live entertainment or amplified music. This condition does not preclude the ability to play background music through speakers. 5. Alcohol service shall be permitted daily between the hours of 10:30 am and 10:00 pm only. 6. This CUP allows alcoholic beverage service within the indoor area of the building only. No service of alcohol is permitted outside of the building. The formal approval of the State of California Department of Alcohol Beverage Control is also required. 7. The operator shall keep the subject property and the adjacent sidewalk free of litter associated with the business operation. 8. This use shall comply with all applicable City ordinances, including those set forth in PAMC, Titles 9 (Public Peace, Morals and Safety) and 15 (Fire Prevention/Uniform Fire Code), and Titles 4 (Alcoholic Beverage Business Regulations) and 19 (Public Safety) of the State of California Code of Regulations (aka California Administrative Code). 3 9. The consumption of alcoholic beverages under this use permit shall be deemed an agreement on the part of the Applicant and his heirs, successors, and assigns to comply with all terms and conditions of this Conditional Use Permit. 10. Any intensification of use shall require an amendment to the conditional use permit and any other entitlements as specified in the Palo Alto Municipal Code. 11. Noise levels emanating from the business shall not exceed the maximum level established in the PAMC Chapter 9.10 12. Revocation or Modification of Approvals: The director may issue a notice of noncompliance for any failure to comply with any condition of this Conditional Use Permit approval, or when a use conducted pursuant to a conditional use permit is being conducted in a manner detrimental to the public health, safety and welfare. 13. All trash, compost, and recycling receptacles must remain within the trash room at all times, except as necessary to facilitate trash collection. SECTION 5. Term of Approval In the event actual service of alcohol is not commenced within one year of the effective date of the City Council’s approval of the CUP, the CUP approval shall expire and be of no further force or effect, pursuant to PAMC Section 18.82.080 and Ordinance 5061. SECTION 6. Standard Conditions A. Except as expressly specified herein, the site plan, floor plans, building elevations and any additional information or representations, submitted by the Applicant during the Staff review and public hearing process leading to the approval of this entitlement, whether oral or written, which indicated the proposed structure or manner of operation, are deemed conditions of approval. B. The approved use and/or construction are subject to, and shall comply with, all applicable City ordinances and laws and regulations of other governmental agencies. C. California Government Code Section 66020 provides that a project applicant who desires to protest the fees, dedications, reservations, or other exactions imposed on a development project must initiate the protest at the time the development project is approved or conditionally approved or within ninety (90) days after the date that fees, dedications, reservations or exactions are imposed on the Project. Additionally, procedural requirements for protesting these development fees, dedications, reservations and exactions are set forth in Government Code Section 66020. IF YOU FAIL TO INITIATE A PROTEST WITHIN THE 90-DAY PERIOD OR FOLLOW THE PROTEST PROCEDURES DESCRIBED IN GOVERNMENT CODE SECTION 66020, YOU WILL BE BARRED FROM CHALLENGING THE VALIDITY OR REASONABLENESS OF THE FEES, DEDICATIONS, RESERVATIONS, AND EXACTIONS. 4 D. This matter is subject to the California Code of Civil Procedures (CCP) Section 1094.5; the time by which judicial review must be sought is governed by CCP Section 1094.6. E. To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, its City Council, its officers, employees and agents (the “indemnified parties”) from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside or void, any permit or approval authorized hereby for the Project, including (without limitation) reimbursing the City for its actual attorneys’ fees and costs incurred in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its own choice. PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: APPROVED: _________________________ ____________________________ City Clerk Director of Planning and Community Environment APPROVED AS TO FORM: ___________________________ Senior Asst. City Attorney PLANS AND DRAWINGS REFERENCED: 1. Those plans, prepared by Dan Torres titled “Freebirds”, consisting of four (4) pages, dated May 5, 2012, and received November 6, 2012. 137 - 01- 14 8 137 - 01- 14 9 137 - 01- 10 8 137 - 01- 10 2 124-31 - 0 8 1 124 - 33- 02 0 137 - 01- 09 5 137 - 01- 07 4 124 - 33- 01 9 124 - 33- 01 6 124 - 32- 07 1 124 - 33- 02 2 137 - 01- 10 5 137 - 01- 09 4 137 - 01- 09 3 137 - 01- 14 5 137 - 01- 08 7 124 - 32- 01 9 137 - 01- 14 2 124 - 33- 01 8 124 - 32- 04 3 124 - 32- 02 2 124 - 32- 02 1 124 - 32- 03 5 124 - 32- 04 2 124 - 32- 07 2 Lot C - 5 Park i n g L o t Bank o fthe W e s t Califo r n i a S t a t i o n Coun t r y S u n CO L L E G E A V E N U E YAL E S T R E E T CAM B R I D G E A V E N U E CA L I F O R N I A A V E N U E WILL I A M S S T R E E T EL C A M I N O R E A L EL C A M I N O R E A L EL C A M I N O R E A L NE W M A Y F I E L D L A N E NE W M A Y F I E L D L A N E EL C A M I N O R E A L EL C A M I N O R E A L CA L I F O R N I A A V E N U E CA L I F O R N I A A V E N U E PER A L L A N E MIMO S A L A N E SED R O L A N E CAM B R I D G E A V E N U E CO L L E G E A V E N U E JAC A R A N D A L A N E EL C A M I N O R E A L This map is a product of the City of Palo Alto GIS This document is a graphic representation only of best available sources. 0'123' 2305 El Camino Real Freebirds World Burrito CITYOF PALO ALTOINCORPORATED CALI FORNIA P a l o A l t oT h e C i t y o f APRIL 16 1 894 The City of Palo Alto assumes no responsibility for any errors. ©1989 to 2013 City of Palo Alto rreich, 2013-03-21 17:47:36 (\\cc-maps\gis$\gis\admin\Personal\Planning.mdb) 1 Planning and Transportation Commission 1 Draft Verbatim Minutes 2 April 10, 2013 3 4 EXCERPT 5 6 7 2305 El Camino Real: Request by Dan Torres on behalf of Pepper Lane-Pender, LLC for a 8 Conditional Use Permit (CUP) to allow the service of alcohol (Beer only) at Freebirds World 9 Burrito. Zone District, Service Commercial (CC(2)). [12PLN-00454] 10 11 Chair Martinez: Ok, we’re going to move to the next item on our agenda and that’s the 12 application for a Conditional Use Permit (CUP) for 2305 El Camino Real. Let’s begin with a, 13 oh, first this is a quasi-judicial item. City Attorney do you have any words of wisdom on that for 14 us? 15 16 Cara Silver, Sr. Assistant City Attorney: Yes, your protocols require that if you’ve had any ex-17 parte communications with applicants or with the applicant or neighbors or residents that you 18 disclose those on the record. 19 20 Chair Martinez: Ok, thank you. Commissioners, anyone? Commissioner Keller you had a taco 21 lately or anything? Ok, you’re fine? Ok. Let’s begin with a staff report. 22 23 Russ Reich, Senior Planner: Thank you. Good evening Chair Martinez and Commissioners. The 24 application before you this evening is for a Conditional Use Permit request to allow the sale of 25 beer at the existing Freebirds restaurant. On January 9th of this year the application was 26 tentatively approved by the Planning Director based on the findings and conditions provided in 27 the tentative approval letter, which is provided as Attachment D of your staff report. On January 28 18th of this year an adjacent neighbor requested a hearing on the matter. Since no hearing took 29 place in advance of the tentative decision the code makes provision to request a public hearing. 30 The item first appears before the Planning and Transportation Commission (PTC) who then 31 forwards a recommendation to the City Council. After the Commission’s review the item will 32 appear on the Council’s consent calendar and will be heard by the City Council if three members 33 vote to take it off their consent calendar. 34 35 Restaurants only require CUP if they serve alcoholic beverages. Freebirds has proposed to serve 36 beer only at their restaurant to accompany their food selections. Alcohol would only be served 37 in combination with a full meal. The restaurant does not have a bar and would not be open past 38 9:30 in the evening. Alcohol sales are a very minor component of their business. Staff has 39 recommended approval of the CUP request as it believes that the offering of beer in conjunction 40 with food items on the menu would not result in negative impacts to adjacent properties. The 41 service of alcohol at restaurants in Palo Alto is a common occurrence that exists typically 42 without incident. 43 44 Staff has had no comment from the public on this matter outside of those provided by the 45 neighbor that requested the hearing, Mr. Hadler. The only stated concern that Mr. Hadler has 46 provided to staff thus far is that he believes that the service of alcohol at the restaurant would 47 lead to increased incidents of graffiti on the building. Staff does not share this concern as there 48 has been no correlation between those activities in the past. The project applicant is here to 49 Attachment I 2 make a brief presentation and staff and the applicant are here to answer any questions that you 1 may have. Thanks. 2 3 Chair Martinez: Thank you. We shall open the public hearing and if the applicant cares to speak 4 you shall have 10 minutes. Please state your name and address. 5 6 Alex Eagle, General Counsel, Tavistock Restaurants: My name is Alex Eagle and our address is 7 6475 Christie Avenue, Suite 300 in Emeryville, 94608. I’m general counsel for Tavistock 8 Restaurants. We own Freebirds and I wanted to start by thanking staff for the work they did on 9 our application so far, I think it’s probably been more than expected; and also for the 10 thoughtfulness about the order of the agenda tonight. I’d also like to reiterate an apology that our 11 President made to our neighbor, Dr. Hadler. When we were under construction our general 12 contractor, it’s believed that either our general contractor or subcontractor parked in his parking 13 space and that is not acceptable conduct to us and as a result we established a good neighbor 14 policy with our general contractor and made it clear to him that we would not continue to do 15 business with him if we continued to receive other similar complaints from neighbors. 16 17 If I can give you just a brief introduction to our concept, Freebirds World Burrito, it’s a fast 18 casual restaurant. So it fits into about 2,500 to 3,000 square feet. There’s no table service so the 19 quality of the food is similar to what you’d receive in a table service environment, but the 20 intention is you can get through the restaurant quicker and of course the price point is lower as 21 well. We acquired this concept in 2007 with less than 20 restaurants and we now have over 100. 22 And we started opening restaurants in California in 2011 and we now currently have 25 23 restaurants open in California. Since we’ve been open we have had an emphasis on culinary 24 aspect of the business. So we make a lot more things fresh in house with fresh ingredients than 25 our competitors. So for example, all of our competitors use frozen corn for their corn salsa and 26 we use fresh corn that’s grilled in house every day. 27 28 We also have a charitable aspect to our business called World Works. So the staff at every 29 restaurant is encouraged to adopt a local charity and to volunteer. And the charities that have 30 been chosen by our location in Palo Alto are the Palo Alto Humane Society and Loaves and 31 Fishes. And I think we’ve had some pretty good success particularly with the staff’s 32 participation with the Humane Society. We also try to make an emotional connection with the 33 guest so the restaurant is designed to be stimulating. We play music; we have sort of a graphic, 34 colorful presentation. 35 36 And as far as alcohol is concerned it’s really not an important part of what we do. We consider it 37 more of a veto vote that the concern is not that it’s a profitable part of what we’re doing, but that 38 if there’s four people that want to go out to dinner and one of them wants to have a beer with 39 their meal that they may choose not to come to our restaurant if we don’t offer beer and wine. 40 So it constitutes a very small fraction of our sales and since we’ve been opening restaurants in 41 California we’ve had no violations. I also wanted to point out that we’ve owned California Cafe 42 here in Palo Alto for a long time, since early 2000 timeframe. 43 44 Regarding the conditions of approval I did want to just request a few clarifications or 45 amendments. We are seeking approval for beer and wine. So we only sell beer in our 46 restaurants right now, but we would like to reserve the option to also offer wine. And then 47 specifically with regard to the condition of approval Section 4, Condition 4, there is regarding 48 amplified music and I just wanted to clarify that we do play music in our restaurants. So I don’t 49 3 know if we would be, if that would be problematic, but we would like to play music in the 1 restaurant. And then regarding Section 4, Condition 5, the restaurant is only open till 9:30 2 currently, but we’d appreciate your consideration of a modification to 10:00. So that concludes 3 my comments. I would request your support of our condition of approval for alcohol and I 4 appreciate your time. 5 6 Chair Martinez: Thank you. Before you leave Commissioners any questions of the applicant? 7 Ok. Yes, Commissioner King? 8 9 Commissioner King: Yes. There’s comments in here about potential for outdoor amplified 10 music. Is that, do you have facilities for playing music out in front of your restaurant? 11 12 Mr. Eagle: I don’t know. I do know that we have outdoor seating, so I would assume that that’s 13 possible. Typically we would have both indoor and outdoor music if we’re offering outdoor 14 seating. 15 16 Commissioner King: May I ask staff then on that? I’m curious because I know La Bodeguita 17 Del Medio on California Avenue somehow they play music continually outdoors. And so what 18 is the, what are the regulations around that? 19 20 Mr. Reich: Well we do have a noise ordinance that limits noise levels at the property line. I’m 21 not aware of any zoning that actually discusses music being played outdoors. The condition of 22 approval that’s in the staff report is talking about amplified music. Staff’s understanding of 23 amplified music and the use of this condition on all the other Conditional Use Permits that we’ve 24 issued is really specific to like live bands and DJ type music. It is not to limit a restaurant from 25 playing background music through speakers either inside or out. 26 27 Commissioner King: Thank you. 28 29 Chair Martinez: Just for the record you do have outdoor music because I walk by. I can see the 30 speakers and hear the music, so. Commissioners, Commissioner Alcheck? 31 32 Commissioner Alcheck: Does that clarification satisfy your inquiry? 33 34 Mr. Eagle: That’s great. 35 36 Commissioner Alcheck: So are you ok with Number 4 now? 37 38 Mr. Eagle: If it’s limited to live music then that is great. Thank you for the clarification. 39 40 Commissioner Alcheck: Great. 41 42 Mr. Reich: It’s live or like DJ music. 43 44 Chair Martinez: Commissioner Keller. 45 46 Commissioner Keller: Yes. In terms of the beer and wine I assume that people would be 47 consuming beer within the outdoor seating, but not be able to take it out of the outdoor seating? 48 Or they are not allowed in the outdoor seating to consume wine? Consume beer or wine. 49 4 1 2 Mr. Reich: They would not be allowed to serve alcohol outside. ABC requires barriers to 3 separate the public access from the area where alcohol is being served and there’s no room at this 4 location. So the CUP would limit the alcohol service to the interior of the building. 5 6 Commissioner Keller: And in terms of the wine that you’re planning to serve, are you planning 7 to serve glasses of wine or allow people to buy bottles of wine? 8 9 Mr. Eagle: We have no current intention to sell wine at all, but we have an upscale division that I 10 made brief reference to with California Cafe and many other upscale dining restaurants that we 11 own throughout the country. And we have a private label wine and so my concern is really only 12 that eventually we might get to the point of considering the idea of having a wine offering in the 13 restaurant, but it’s not something that is currently proposed. Beer in fact makes up less than one 14 percent of our sales. So it is truly incidental component to our business. But the application is 15 for beer and wine and so I wanted to be clear that we would like to have approval for both. 16 17 Commissioner Keller: Would you have any objection to a prohibition against being serving a 18 whole bottle of wine to a customer as opposed to individual glasses? Because the issue of a 19 bottle of wine is that people would not drink it all and then would take the rest of it off site and 20 that might be more of an issue for offsite consumption. 21 22 Mr. Eagle: I would not oppose that. 23 24 Commissioner Keller: How does staff feel about that limitation? 25 26 Mr. Reich: I don’t have any issue if it’s consistent with State law. 27 28 Commissioner Keller: Ok, because people can take bottles of wine offsite when you go to a more 29 upscale restaurant, but I’m more concerned about this for a restaurant of this level. And you 30 mentioned that you wanted until 10:00. Is that on Fridays and Saturdays or every night? 31 32 Mr. Eagle: It’s every night and right now we’re, we just opened and we are also going through a 33 process of really refining our operations team at the location. Some of our locations are open till 34 10:00 seven days a week and so I just, this one is only open till 9:30 now, but if there’s an 35 opportunity to move that until 10:00 it would be appreciated. 36 37 Commissioner Keller: And does staff have any comment about extending it until 10:00 possibly 38 every day? 39 40 Aaron Aknin, Assistant Director: That would be fine. Those are still typical business hours for a 41 restaurant. 42 43 Commissioner Keller: Ok. Thank you. 44 45 Chair Martinez: Commissioner Panelli. 46 47 Commissioner Panelli: Yeah, just a quick question. If we compare the terms of this CUP to the 48 terms of some of the other CUPs that have been issued I think you, in the staff report there’s a 49 5 list of over the last couple years all of them. Is there anything particularly extraordinary about 1 this one or out of the ordinary about this one compared to those? 2 3 Mr. Reich: There’s nothing really special about this application. It is a little unique in that it 4 does specify that alcohol service can’t occur outside. It’s pretty common to request alcohol 5 service at some kind of outdoor patio, but this facility just doesn’t have the resources to do that. 6 7 Commissioner Panelli: Yeah I meant not in terms of it being more restrictive, but maybe it be 8 more liberal than any of the other CUPs that have been approved in recent history. 9 10 Mr. Reich: It’s certainly not more liberal. I mean the hours, 9:30 or 10:00 are pretty limiting. A 11 lot of CUPs go much later than that and it has many of the same restrictions on live 12 entertainment and music and so I don’t think it’s more liberal than most. It’s actually more 13 restrictive than most. 14 15 Commissioner Panelli: Thank you. 16 17 Chair Martinez: Thank you. Vice-Chair? Nothing? Commissioner Alcheck. 18 19 MOTION 20 21 Commissioner Alcheck: Ok, I’d like to make a Motion that we recommend that the City Council 22 approve this CUP with the amendment to the conditions of approval that we’ve discussed here, 23 namely that wine can be served as well and that the hours are adjusted to 10:00 p.m. After 24 careful review of this, am I going to have a chance to speak to this? 25 26 Chair Martinez: Yes you will. Is there a second? 27 28 SECOND 29 30 Commissioner King: Second. 31 32 Chair Martinez: Ok, Motion by Commissioner Alcheck and seconded by Commissioner King. 33 You may speak to your Motion at this time. 34 35 Commissioner Alcheck: I’m going to keep this short and sweet because I think this is a no 36 brainer. After careful review of the staff report and the concerns of the neighboring business 37 owner I think that the CUP as amended should be recommended for approval. 38 39 Chair Martinez: Commissioner King? 40 41 Commissioner King: Is for staff, so just regarding the hours, which under the original CUP do 42 specify 9:30 p.m. Is that typical that each CUP will have hours associated with it and that it’s 43 specific to that restaurant or place of service? 44 45 Mr. Reich: That is true. The reason this one said 9:30 was because that was actually what they 46 requested in their application submittal. So it’s usually looked at in combination with what they 47 request versus what seems reasonable based on the location. 48 49 6 Commissioner King: Thank you. And then for the Senior Assistant Attorney, do we have an 1 issue with our Motion that we’re changing the CUP? Are we fine? That we’re changing the 2 terms as were presented to us? 3 4 Ms. Silver: We were just trying to track the amendments to the conditions of approval and there 5 was one comment about adding wine that I didn’t follow. I thought that this did include the 6 service of wine. 7 8 Commissioner Alcheck: Yeah. I think it did too, but for the sake of clarification I just made it 9 obvious. That’s not an amendment. 10 11 Ms. Silver: Ok, thank you. Everything else that was suggested is fine. 12 13 Chair Martinez: Although the applicant accepted the suggestion about the bottles of wine I just 14 feel that’s kind of like overreaching for the City to tell them. If that’s going to be their policy let 15 it be informal. I can see a situation where somebody buys a bottle of wine and wants to take this 16 much home and it just doesn’t seem to be like friendly business practice to tell them they can’t. I 17 think since it’s your intention to sell wine by the glass I don’t think it’s going to be a big issue. 18 I’d rather not muddy up this issue by putting conditions on how you run your business. So I 19 wouldn’t support that if it’s made as a Friendly Amendment, but Commissioner Keller. 20 21 Commissioner Keller: Yes. I notice that Condition 7 says the operator shall keep the subject 22 property free of litter associated with the business operation. Is there any condition that also says 23 that the subjects shall keep the sidewalk adjacent to the subject property free of litter because I’m 24 not saying, I know of other properties that have people wind up with insufficient place to throw 25 their trash and what happens is that the City winds up with City garbage cans and things like that 26 that has to deal with the excess trash. For example, there’s a frozen yogurt place on University 27 Avenue that has that problem. So I’m wondering if that, is that something that’s commonly done 28 or not commonly done? 29 30 Mr. Reich: It’s actually not a bad idea to, because the building actually goes to the property line 31 and so there wouldn’t be an instance where litter is on the property unless it’s in the building. So 32 being that there is seating outside it wouldn’t be a bad idea to require that they keep the sidewalk 33 free of litter that is associated with the building or the property. 34 35 Commissioner Keller: And if we made that Amendment would that be acceptable to the 36 applicant? 37 38 Mr. Eagle: Yes. 39 40 FRIENDLY AMENDMENT 41 42 Commissioner Keller: And can I offer that as a Friendly Amendment to the maker and seconder? 43 44 Commissioner Alcheck: I’m not clear how this works. 45 46 Commissioner Keller: I’m saying that the applicant would be required not only to keep the 47 subject property clean, but essentially keep the sidewalks adjacent to the property clear of litter 48 from materials from that facility. 49 7 1 Commissioner Alcheck: Ok, just to respond for clarity’s sake. If in fact people were throwing 2 burrito wrappers on the ground in front of this storefront would complying with your 3 Amendment include the applicant collecting those burrito wrappers and tossing them into a 4 garbage that belongs to the City? Because I think what you’re asking is that you don’t want 5 garbage from this facility ending up in a City’s garbage can like the garbage from a yogurt shop 6 on University ending up in a City garbage bin. 7 8 Commissioner Keller: Well my main problem is that there’s insufficient garbage facilities for 9 people to do the opposite. I don’t have problems with people walking on University Avenue and 10 dealing with the yogurt and throwing it where they need to, but the issue is that that particular 11 site doesn’t have enough garbage and so I’m not as much concerned with this, I’m not sure if 12 there’s a garbage can there. But basically they need to keep that free and provide sufficient 13 garbage facilities so people on their site, so people can actually throw things away on their site. 14 But I’m not going to make all of that a condition. I just think keep it free of (interrupted) 15 16 Commissioner Alcheck: I will accept this Friendly Amendment because I don’t, I’d be 17 astonished if you allowed people to litter in front of your storefront. So I will accept that 18 Friendly Amendment. 19 20 Chair Martinez: Good. Commissioner King, you’re the seconder. Do you accept it? 21 22 Commissioner King: I accept. 23 24 Chair Martinez: Ok. We’re in business. Question by Vice-Chair Michael. 25 26 Vice-Chair Michael: So I’m supporting of the Motion and just wanted to clarify the only place 27 where I see that there’s any reference to the type of alcohol being served is in the second 28 paragraph of Section 3, paragraph 1, 3rd line where it says, “beer sales.” And would that be a 29 place where you’d say, “beer or wine sales” just so it’s inclusive of the possibility of selling 30 wine. 31 32 Ms. Silver: We would go by the Conditional Use Permit itself not the staff report. 33 34 Vice-Chair Michael: Well (interrupted) 35 36 Mr. Reich: So if you’d look at the record of land use action the staff, it specifies beer and wine 37 throughout. The only reason the staff report talks about beer is because the applicant had said 38 they intend to serve beer only. 39 40 Vice-Chair Michael: Ok. In the Section 4 conditions of approval where it references the 41 prohibition on live entertainment or amplified music, would that be something you’d clarify with 42 an additional phrase such that provided that recorded background music is allowed? I mean just 43 (interrupted) 44 45 Mr. Reich: We could do that. That’s fine. 46 47 Vice-Chair Michael: Ok, and then the only reference to time is in Section, next Section 5, which 48 is 9:30 would change to 10:00. 49 8 1 Chair Martinez: So were you offering a Friendly (interrupted) 2 3 Vice-Chair Michael: Well I’m just trying to clarify exactly what’s going, how this is going to be 4 taken up to the Council. 5 6 Ms. Silver: Yes, that’s correct. We’ve made amendments to conditions of approval Number 4, 5, 7 and 7 as you indicated. So 7 would include the keeping the sidewalk free of litter as well. Yes. 8 9 Vice-Chair Michael: Ok. Perfect. 10 11 VOTE 12 13 Chair Martinez: Ok. Are we ready to vote? Those in favor of the Motion say aye (Aye). Motion 14 passes unanimously with Commissioner Tanaka absent. Thank you very much. Good luck. 15 16 Ok, should we move on or give you a minute to set up? It’s up to you. Ok, we’re going to take 17 like two minutes. 18 19 MOTION PASSED (6-0-1, Commissioner Tanaka absent) 20 21 Commission Action: Item moved to agenda item placement 2, Commission action – approved 22 staff recommendation, Motion by Commissioner Alcheck, second by Commissioner Keller (6-0-23 1, Commissioner Tanaka absent) 24 25 City of Palo Alto (ID # 3661) Planning & Transportation Commission Staff Report Report Type: Meeting Date: 4/10/2013 City of Palo Alto Page 1 Summary Title: 2305 El Camino Freebirds Title: 2305 El Camino Real: Request for Conditional Use Permit for the service of alcohol (beer) at an established eating and drinking place (Freebirds world Burrito). From: Russ Reich, Senior Planner Lead Department: Planning and Community Environment Recommendation Staff recommends that the Planning and Transportation Commission (PTC) recommend that City Council approve the Conditional Use Permit (CUP) for beer service at the Freebirds World Burrito restaurant located at 2305 El Camino Real; the Director of Planning and Community Environment (Director) had tentatively approved this CUP and a request for hearing was received from the owner of a nearby office business. A draft Record of Land Use Action is attached (Attachment A). Background Site Information The project site is located at 2305 El Camino Real, at the corner of El Camino and Cambridge Avenue, as shown on the location map (Attachment B). Adjacent uses to the southeast along El Camino Real are the Cheese Steak Shop, a restaurant, and Palo Alto Pathology (office). Behind the building to the northeast is a public alleyway, known as New Mayfield Lane, and a two level City parking garage is located across the alley. Across Cambridge Avenue to the west is the First Republic Bank. Across El Camino Real to the south west are the Panda Express and Jack in the Box restaurants. The site has been a restaurant for many years, starting out as a Kentucky Fried Chicken restaurant in 1967 and then a Wahoo’s Fish Taco restaurant in 2006. In 2012 the space was leased by the current tenant, Freebirds World Burrito. Project Description Freebirds World Burrito is a unique Mexican food restaurant where one-on-one service is City of Palo Alto Page 2 provided to each customer. Customers create their own taco, burrito, salad, or burrito bowl creation, choosing from over 40 fresh ingredients. The ambiance is a casual dining environment with décor and music reminiscent of a late 1960’s roadhouse. The applicant’s project description is attached (Attachment C). The requested CUP is for the service of beer and wine; however, the restaurant proposes to only serve beer in combination with the meals. Wine and hard liquor are not proposed to be provided, and there is no bar in the restaurant. The restaurant is open from 10:30am to 9:30pm; therefore no late night activity would occur at the location. The tentative approval of the CUP did not allow the service of alcohol outside of the building. Restaurant Conditional Use Permits Restaurants only require a CUP if alcohol is served, or if the business plans to operate between the hours of 10 pm and 6 am and the establishment is within 50 feet of residentially zoned property. The service of beer and wine within restaurants is very typical. It is rare that such a facility results in negative impacts to adjacent properties. Establishments are more likely to have negative issues, when providing full alcohol service in a “bar” type environment. This is why alcohol is only permitted in eating establishments by CUP approval. History The CUP was tentatively approved by the Director on January 9, 2013 as reflected in the attached letter (Attachment D). On January 18, 2013, Dr. Hadler, the owner of an adjacent business named Palo Alto Pathology, submitted an objection to the approval. Prior to this CUP application, there were two incidents involving Dr. Hadler and the Freebirds restaurant. The first incident was the use of Dr. Hadler’s parking space by one of the contractors working on the interior build out of the Freebirds restaurant tenant space. The second incident was the placement of trash from the Freebirds restaurant in Dr. Hadler’s trash bins. Freebirds management addressed these two issues as soon as they were made aware of them. Dr. Hadler has submittal several letters and has requested information from the City. Dr. Hadler’s most recent letter is attached to this report (Attachment E), and responses provided to this most recent request are Attachments F, G and H. Summary of Key Issues Hearing Request v. Appeal The public hearing of the requested CUP is technically not an “appeal” of the Director’s tentative decision, so the hearing requester is not an appellant. Rather, the decision on the application no longer rests with the Director but with the City Council. The PTC is requested to City of Palo Alto Page 3 consider the Conditional Use Permit, findings and conditions for approval and make a recommendation to the City Council. The CUP process allows for a public hearing upon written request, to be held with the Planning and Transportation Commission, followed by Council consent calendar review and decision based upon the Commission and staff recommendations. If three Council members vote to take the item off the consent calendar, a hearing can scheduled for full Council discussion of the CUP request. The CUP regulations allow the City to re-evaluate the permit if issues do arise during the operations of the business. Staff believes the Findings stated in the attached CUP approval letter are valid, and supports the service of beer (and wine) in conjunction with meals at this location, in the manner proposed, with the expectation that such service will not result in negative impacts. Concerns of Neighboring Business Owner Staff has attempted to ascertain the exact nature of the hearing requester’s concern. In Dr. Hadler’s initial email to the City, he notes his objection to the approval because City staff had not responded to his phone or email messages and other reasons. The project planner responsible for the application was out of the office due to illness and was unable to respond to these in a timely manner. Staff is not aware of any attempt by Dr. Hadler to contact anyone else at the City regarding this matter during that time. After receiving Dr. Hadler’s email and letter, staff telephoned him in an attempt to understand what his reasoning was for objecting to the application. This was done in an attempt to possibly address those concerns. During the few phone conversations staff has been able to have with Dr. Hadler, he discussed specific issues such as graffiti on the building, increased traffic, past power failures, and the conversion of space within an adjacent building to office uses. It was still unclear how these other issues specifically relate to the service of beer at the adjacent restaurant. In one phone conversation, Dr. Hadler explained that he believed the service of alcohol would lead to increased incidents of graffiti on the building. Staff does not find there to be a correlation between the service of beer at a restaurant and increased graffiti. Dr. Hadler also indicated concern that if the Police are unable to prevent graffiti on the building now, they would be less likely to be able to address any negative impacts associated with beer service. Per Dr. Hadler’s request, communication has taken place via written letter through traditional mail rather than over the phone or via email. Staff has responded to his letters via fax and US postal service, and is now preparing a response to Dr. Hadler’s most recent letter (Attachment E). Staff has received no written communication from Dr. Hadler, as of the date of the drafting of this staff report, directly explaining the nature of his concern regarding this beer service CUP. Timeline Application submitted: 11/6/13 Application tentatively approved by the Director: 1/9/13 Request for hearing received: 1/18/13 Planning and Transportation Commission hearing: 4/10/13 City of Palo Alto Page 4 City Council consent calendar tentative date: 5/6/13 Environmental Review This application is categorically exempt under the California Environmental Quality Act (CEQA) per CEQA Gudelines Section 15301. Courtesy Copies Dan Torres Pepper Lane-Pender, LLC Alexander Eagle Kenneth Hadler Attachments: Attachment A: 2305 El Camino Real Freebirds ROLUA (PDF) Attachment B : Site Location Map (PDF) Attachment C : Applicant's Project Description Letter (PDF) Attachment D : Tentative Conditional Use Permit Approval Letter (PDF) Attachment E: Letter from Dr. Hadler March 21, 2013 (PDF) Attachment F: Response to Dr. Hadler March 27, 2013 (PDF) Attachment G: Police Response to Dr. Hadler's PRR (PDF) Attachment H: Approved Alcohol CUPs 2008-2012 (PDF) 1 DRAFT APPROVAL NO. 2013‐____ RECORD OF THE COUNCIL OF THE CITY OF PALO ALTO LAND USE APPROVAL FOR 2305 EL CAMINO REAL: FILE 12PLN‐00454, CONDITIONAL USE PERMIT FOR THE SERVICE OF ALCOHOL (BEER AND WINE). (Dan Torres (Freebirds World Burrito), APPLICANT) The City Council of the City of Palo Alto (“City Council”) finds, determines, and declares as follows: SECTION 1. Background. A. On January 09, 2013, the Director of Planning and Community Environment issued a tentative approval of Conditional Use Permit (CUP) application 12PLN‐00454 for the on sale service of alcohol (beer and wine) at 2305 El Camino Real, Freebirds World Burrito (“The Project”). B. On January 18, 2013, Staff received a request for hearing from Mr. Hadler, an adjacent business owner. C. On April 10, 2013, the Planning and Transportation Commission reviewed the Applicant’s request for approval of a CUP to allow the on‐site sale service of alcohol (beer and wine) at 2305 El Camino Real, Freebirds World Burrito, and recommended approval of the CUP to the City Council. SECTION 2. Environmental Review. The Project is exempt from the provisions of the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15301. The Freebirds World Burrito restaurant is an existing permitted use within an existing building. 2 SECTION 3. Conditional Use Permit Findings. In accordance with Palo Alto Municipal Code Section 18.76.010, the City Council makes the following findings: 1. The proposed use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience. The proposed restaurant use is permitted in the Community Commercial zoning district [CC2]. The alcohol service would be accessory to the restaurant use and there are no sensitive uses in close proximity that could be impacted by the beer and wine service. Beer sales are projected to constitute less than 10% of the restaurant’s business. With the addition of alcohol service, the restaurant would remain compatible and contribute to the active commercial district. The restaurant is located within an existing building, the service of alcohol would be accessory to the primary restaurant use, and it would be conducted in a manner that would not be injurious to property or improvements in the vicinity or detrimental to the public health, safety, and general welfare, or convenience. The Applicant intends to achieve this by maintaining responsible serving practices and preventing youth access to alcohol. 2. The proposed use will be located and conducted in a manner in accordance with the Palo Alto Comprehensive Plan and the purposes of the Zoning Ordinance. The proposed restaurant and on‐site sale service of alcohol are compatible with the site’s land use designation of Regional/Community Commercial and with its CC2 zoning designation. The restaurant and associated uses will serve to enliven the mix of businesses on the block and contribute to the area’s economic vitality. 3 SECTION 4. Conditions of Approval. 1. The use shall be conducted in substantial conformance with the CUP project plans received on November 6, 2012 and related documents on file with the City of Palo Alto Planning Division, except as modified by these conditions of approval. 2. This approval letter, including the Conditions of Approval, shall be printed on the plans submitted for building permit review, as applicable. 3. The service of alcohol must be associated with a bona fide public eating establishment or provided in conjunction with the service of food in compliance with the Palo Alto Municipal Code (PAMC). 4. The approved use permit does not allow live entertainment or amplified music. 5. Alcohol service shall be permitted daily between the hours of 10:30 am and 9:30 pm only. 6. This CUP allows alcoholic beverage service within the indoor area of the building only. No service of alcohol is permitted outside of the building. The formal approval of the State of California Department of Alcohol Beverage Control is also required. 7. The operator shall keep the subject property free of litter associated with the business operation. 8. This use shall comply with all applicable City ordinances, including those set forth in PAMC, Titles 9 (Public Peace, Morals and Safety) and 15 (Fire Prevention/Uniform Fire Code), and Titles 4 (Alcoholic Beverage Business Regulations) and 19 (Public Safety) of the State of California Code of Regulations (aka California Administrative Code). 4 9. The consumption of alcoholic beverages under this use permit shall be deemed an agreement on the part of the Applicant and his heirs, successors, and assigns to comply with all terms and conditions of this Conditional Use Permit. 10. Any intensification of use shall require an amendment to the conditional use permit and any other entitlements as specified in the Palo Alto Municipal Code. 11. Noise levels emanating from the business shall not exceed the maximum level established in the PAMC Chapter 9.10 12. Revocation or Modification of Approvals: The director may issue a notice of noncompliance for any failure to comply with any condition of this Conditional Use Permit approval, or when a use conducted pursuant to a conditional use permit is being conducted in a manner detrimental to the public health, safety and welfare. 13. All trash, compost, and recycling receptacles must remain within the trash room at all times, except as necessary to facilitate trash collection. SECTION 5. Term of Approval. In the event actual service of alcohol is not commenced within one year of the effective date of the City Council’s approval of the CUP, the CUP approval shall expire and be of no further force or effect, pursuant to PAMC Section 18.82.080 and Ordinance 5061. SECTION 6. Standard Conditions A. Except as expressly specified herein, the site plan, floor plans, building elevations and any additional information or representations, submitted by the Applicant during the Staff review and public hearing process leading to the approval of this entitlement, whether oral or written, which indicated the proposed structure or manner of operation, are deemed conditions of approval. 5 B. The approved use and/or construction are subject to, and shall comply with, all applicable City ordinances and laws and regulations of other governmental agencies. C. California Government Code Section 66020 provides that a project applicant who desires to protest the fees, dedications, reservations, or other exactions imposed on a development project must initiate the protest at the time the development project is approved or conditionally approved or within ninety (90) days after the date that fees, dedications, reservations or exactions are imposed on the Project. Additionally, procedural requirements for protesting these development fees, dedications, reservations and exactions are set forth in Government Code Section 66020. IF YOU FAIL TO INITIATE A PROTEST WITHIN THE 90‐DAY PERIOD OR FOLLOW THE PROTEST PROCEDURES DESCRIBED IN GOVERNMENT CODE SECTION 66020, YOU WILL BE BARRED FROM CHALLENGING THE VALIDITY OR REASONABLENESS OF THE FEES, DEDICATIONS, RESERVATIONS, AND EXACTIONS. D. This matter is subject to the California Code of Civil Procedures (CCP) Section 1094.5; the time by which judicial review must be sought is governed by CCP Section 1094.6. E. To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, its City Council, its officers, employees and agents (the “indemnified parties”) from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside or void, any permit or approval authorized hereby for the Project, including (without limitation) reimbursing the City for its actual attorneys’ fees and costs incurred in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its own choice. 6 PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: APPROVED: _________________________ ____________________________ City Clerk Director of Planning and Community Environment APPROVED AS TO FORM: ___________________________ Senior Asst. City Attorney PLANS AND DRAWINGS REFERENCED: 1. Those plans, prepared by Dan Torres titled “Freebirds”, consisting of four (4) pages, dated May 5, 2012, and received November 6, 2012. 137 - 01- 14 8 137 - 01- 14 9 137 - 01- 10 8 137 - 01- 10 2 124-31 - 0 8 1 124 - 33- 02 0 137 - 01- 09 5 137 - 01- 07 4 124 - 33- 01 9 124 - 33- 01 6 124 - 32- 07 1 124 - 33- 02 2 137 - 01- 10 5 137 - 01- 09 4 137 - 01- 09 3 137 - 01- 14 5 137 - 01- 08 7 124 - 32- 01 9 137 - 01- 14 2 124 - 33- 01 8 124 - 32- 04 3 124 - 32- 02 2 124 - 32- 02 1 124 - 32- 03 5 124 - 32- 04 2 124 - 32- 07 2 Lot C - 5 Park i n g L o t Bank o fthe W e s t Califo r n i a S t a t i o n Coun t r y S u n CO L L E G E A V E N U E YAL E S T R E E T CAM B R I D G E A V E N U E CA L I F O R N I A A V E N U E WILL I A M S S T R E E T EL C A M I N O R E A L EL C A M I N O R E A L EL C A M I N O R E A L NE W M A Y F I E L D L A N E NE W M A Y F I E L D L A N E EL C A M I N O R E A L EL C A M I N O R E A L CA L I F O R N I A A V E N U E CA L I F O R N I A A V E N U E PER A L L A N E MIMO S A L A N E SED R O L A N E CAM B R I D G E A V E N U E CO L L E G E A V E N U E JAC A R A N D A L A N E EL C A M I N O R E A L This map is a product of the City of Palo Alto GIS This document is a graphic representation only of best available sources. 0'123' 2305 El Camino Real Freebirds World Burrito CITYOF PALO ALTOINCORPORATED CALI FORNIA P a l o A l t oT h e C i t y o f APRIL 16 1 894 The City of Palo Alto assumes no responsibility for any errors. ©1989 to 2013 City of Palo Alto rreich, 2013-03-21 17:47:36 (\\cc-maps\gis$\gis\admin\Personal\Planning.mdb)