At its June 24, 2019 meeting, the City Council gave staff direction to prepare a formal resolution to return for Council approval which grants the Viviani Trust’s appeal. The City Council directed that the 2004 Use Permit is vested and not expired or abandoned. The City Council also confirmed that use of the Cheese Factory property is allowed up to nine (9) tenant spaces in 11,420 square feet including deli/restaurant uses of up to a maximum of 5,310 square feet inside, plus an outdoor dining area, with a total of 103 seats. It is anticipated that the City Council will take final action in August.
Background – On January 18, 2019, the City received a request from the Viviani Trust (Trust) to have the Planning Commission make a determination as to whether the Cheese Factory’s 2004 Use Permit previously approved on May 13, 2004, had expired or not. At its meeting of February 25, 2019, the Planning Commission conducted a public hearing to consider a resolution relating to whether or not the Use Permit had vested, as requested by the Trust. The Planning Commission determined that the 2004 Use Permit had expired in 2005 and therefore was not vested and provided findings in support of its decision. On March 12, 2019, the Trust submitted an appeal of the Planning Commission’s decision to the City Council.