Request for use permit previously denied by Planning Commission

Raglan Tuttle had hoped to open a hot dog restaurant on 2995 Bayshore Road. He brought this idea up to the Planning Commission and they voted against him 6-0 at their April 13 meeting. On April 27, Tuttle filed an appeal of the commission’s decision. The City Council will hear and discuss Tuttle’s appeal at tonight’s meeting.
In 2015, Tuttle opened an event center called La Fabriquita in the south end of the Benicia Foundry and Iron Works building. This space was rented out for parties, weddings and other ceremonies.
However, in April of that year, Tuttle was told that an event center was not a permissible use in the Industrial Park. He received numerous cease and desist letters, two notices to abate and a red tag from the city of Benicia to stop operating La Fabriquita. He would then submit an application for a restaurant permit. This hot dog restaurant, bearing the same name, would have a simple menu consisting of hot dogs, potato chips and soft drinks. Food would be served on paper plates while water and soda would be offered for drinks. The operating hours for this proposed restaurant would have been from 5 to 11 p.m. during Monday through Friday and noon to midnight on the weekends.
The Planning Commission rejected Tuttle’s appeal for several reasons. One of these reasons was the concern that the restaurant lacked building and fire permits and adequate emergency exits. Another was because of the hours the restaurant would operate under. Then-Principal Planner Ann Welsh said at the Planning Commission meeting that the restaurant’s hours would not “serve the industrial uses in the Benicia Industrial Park.” The Planning Commission would go on to vote against Tuttle and his proposal.
Not satisfied with the vote from the Planning Commission, Tuttle appealed their decision. In his appeal, Tuttle states that the staff report and resolution from the planning commission are inconsistent and that the report did not fully research the demand for late evening food. Tuttle also said he followed the recommendations from prior staff, at a cost to him and that his efforts were being ignored.
City staff disagreed with Tuttle’s assertions, stating that the findings in the resolution were in line with the Planning Commission’s decision to deny the application.
The City Council will hear Tuttle’s appeal and make their decision on whether or not he can open his hot dog restaurant.
Also on the council’s agenda, Fire Chief Jim Lydon will be bring up the selling of a surplus fire engine and the best methods of auctioning off the the vehicle.
The council will meet tonight at 7 p.m. at the Council Chambers of City Hall, located at 250 East L St. There will be an earlier closed session at 6 p.m. to discuss legal matters.

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