AgdaPkt 2002-02-11 - Laserfiche WebLink

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q,A :L IREPORT To Redevelopment Agency and City Council February 11,2002 Subject Revocable license agreement allowing Dasaro's restaurantJcaf6 to use a portion of City Hall Plaza, a public space, for outdoor seating, tables and limited related improvements. Recommendation City Council to approve the subject license agreement with Dasaro's, LLC and authorize the City Manager to execute same (see attached document). Background Dasaro's restaurant is located in the Central Business Retail (CBR) Zoning District on the ground floor (north west side) of the "City Center Plaza Project" located at 1041 Middlefield Road. The CBR Zoning District requires a Use Permit for restaurants with a bar (selling hard liquor). In addition, a portion of Dasaro's property includes a narrow strip of land for outdoor seating of patrons. On January 9, 2002, after a public hearing, a Use Permit was granted to allow a full service restaurant, including the sale of liquor and other alcoholic beverages with limited exterior seating on their narrow strip of land. In response to the hearing notice, one person questioned how the City would permit private use of public space, in addition, staff has received a letter from a local resident complaining about the lack of parking and the concentration of restaurants in this immediate area. Dasaro's restaurant has requested a license agreement from Redwood City in order to be able to share the City Hall Plaza and operate an outdoor restaurant/caf6 on a portion of this public space (see attachment showing proposed layout). Dasaro's will need to subsequently obtain all necessary permits from the State Alcoholic Beverage Control Department for the outdoor hard liquor sales. Analysis The proposed plaza is located in the Downtown, within the jurisdiction of the Broadway Mall Ordinance area which encourages uses of the public right-of-way for outdoor restaurantJcafb uses. In this case, the right of way includes the City Hall Plaza, which is primarily a public space. The proposed license agreement specifies that the primary use of the land must remain for public activities and that Dasaro's use of the property is secondary to the use of the plaza by the general public. The term of this license will be for one year, and automatically renewed for an additional year unless revoked by the City or requested by the licensee. In this agreement, Dasaro's restaurant agrees not to interfere with the City's use of the property and that all "improvements" (tables, chairs, planters, etc.) must be removed within a 24 hours of notification by the City. In addition, the City reserves the right to rearrange tables and chairs if the layout, in practice, tends to dissuade the public from crossing the plaza from Middlefield Road towards Broadway. Dasaro's restaurant is also required to indemnify and insure the City and Redevelopment Agency.