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PLN14-0588 - 2440 Monarch Street - Meredith Coghlan for Building 43 Winery.
A public hearing to consider a Use Permit to allow outdoor seating and extended business hours for an existing winery at Alameda Point. The outdoor seating will occupy the paved area in front of the building. The proposed extended business hours are from 10:00 p.m. to midnight on Fridays and Saturdays, where the standard permitted business hours are from 7:00 a.m. to 10:00 p.m. seven days a week. The project site is located within the AP-AR, Alameda Point Adapted Reuse District.
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CITY OF ALAMEDA
COMMUNITY DEVELOPMENT DEPARTMENT
ADMINISTRATIVE USE PERMIT
ITEM NO: 3-A
APPLICATION NO: PLN14-0588 - 2440 Monarch Street - Meredith Coghlan for Building 43 Winery.
PROJECT
DESCRIPTION: A public hearing to consider a Use Permit to allow outdoor seating and extended business hours for an existing winery at Alameda Point. The outdoor seating will occupy the paved area in front of the building. The proposed extended business hours are from 10:00 p.m. to midnight on Fridays and Saturdays, where the standard permitted business hours are from 7:00 a.m. to 10:00 p.m. seven days a week. The project site is located within the AP-AR, Alameda Point Adapted Reuse District.
GENERAL PLAN: AP1 Civic Core
ZONING: AP-AR, Alameda Point Adaptive Reuse
ENVIRONMENTAL
DETERMINATION: Categorically Exempt from State CEQA Guidelines, Section 15301 - Existing Facilities.
PROJECT PLANNER: Deborah Diamond
PUBLIC NOTICE: A notice for this hearing was mailed to Alameda Point leases, published in local newspapers and posted in public areas near the subject property. No comments were received as of March 30, 2015.
ATTACHMENTS: 1. Project Illustrations
ACRONYMS: AMC - Alameda Municipal Code
RECOMMENDATION: Find that the project will not cause significant adverse effects to the physical environment, is Categorically Exempt from environmental review and approve the project with conditions based on the following findings contained in this report.
PROPOSAL SUMMARY:
On September 22, 2014, the applicant filed an application for a Use Permit to allow outdoor seating for a new winery and tasting room, and to allow extended hours of operation. The applicant resubmitted application materials on February 19, 2015. The primary use of the site is a winery which is permitted by right within a building in the AR - Adaptive Reuse zone. Pursuant to AMC Section 30-4.24.G.vii, any use that is normally conducted within a building and permitted by the zoning may be permitted outdoors with approval of a Conditional Use Permit. The proposed extended business hours are from 10:00 p.m. to midnight on Fridays and Saturdays, where the standard permitted business hours are from 7:00 a.m. to 10:00 p.m. seven days a week.
USE PERMIT FINDINGS:
1. The location of the proposed use is compatible with other land uses in the general neighborhood area, and the project design and size is architecturally, aesthetically, and operationally harmonious with the community and surrounding development.
The proposed location of the outdoor seating is a paved area in front of Building 43, an existing building that houses a winery and tasting room. Monarch Street, known as 'Spirits Alley', is home to another winery, a brewery, and a distillery. All have tasting rooms, and the winery has outdoor seating. Therefore, the proposed cafe is compatible with the immediate surrounding and appropriate for this setting.
2. The proposed use will be served by adequate transportation and service facilities, including pedestrian, bicycle and transit facilities.
The proposed outdoor seating is an ancillary use to the winery, but the site is served by bus and ferry. The area is bicycle and pedestrian friendly. The nearest AC Transit bus stop is a nine minute walk from the site and the Alameda Main Street Ferry Terminal is an 18 minute walk.
3. The proposed use, if it complies with all conditions upon which approval is made contingent, will not adversely affect other property in the vicinity and will not have deleterious effects on existing business districts or the local economy.
The proposed outdoor seating would be a beneficial addition to this part of Alameda Point. It would create street activity to complement similar businesses on the Monarch Street and would enhance Alameda Point as a commercial destination.
4. The proposed use relates favorably to the General Plan.
This site is located within the area of Alameda Point designated as Civic Core by the General Plan. Pursuant to General Plan Guiding Policy 9.3.a, the Civic Core is to be developed as a major new center of the City, and a focus of the Alameda Point district. It is envisioned as a central point of activity, with a mix of uses. By activating the street, the proposed outdoor seating is consistent with this General Plan policy.
USE PERMIT CONDITIONS:
1. This approval is limited to the scope of the project defined in the project description and does not represent a recognition and/or approval of any work completed without required City permits.
2. The outdoor seating shall be in substantial compliance with the illustrations provided, dated September 22, 2014, and February 18, 2015, and on file in the office of the City of Alameda Community Development Department.
3. The applicant shall obtain a sign permit from the City prior to installation of any business signs.
4. Prior to activating the outdoor seating area, the applicant shall provide evidence that all required approvals, permits, or waivers from regulatory agencies, including but not limited to, the State of California Department of Fish and Wildlife and Alameda County Department of Environmental Health, have been obtained.
5. Any additional exterior changes shall be submitted to the Community Development Department for review and approval prior to construction.
6. Revocation: This Use Permit may be modified or revoked by the Zoning Administrator, pursuant to Alameda Municipal Code Section 30-21.3d should the Zoning Administrator determine that: 1) the use or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity; 2) the property is operated or maintained so as to constitute a public nuisance; or 3) the use is operated in violation of the conditions of the Use Permit.
7. Vesting: The Use Permit approval shall expire two (2) years after the date of approval or by April 30, 2017 unless authorized construction or use of the property has commenced. The applicant may apply for a time extension, not to exceed two (2) years. An extension request will be subject to approval by the Zoning Administrator and must be filed prior to the date of expiration.
8. Permit Expiration: Once vested, this Use Permit shall automatically expire upon: a) the discontinuation of the approved business activity for a period of one year, and/or b) the approval of a master plan for the site pursuant to AMC 30-4.20 that supersedes existing uses.
9. Indemnification: The applicant shall defend (with counsel reasonably acceptable to the City), indemnify, and hold harmless the City of Alameda, the Alameda City Planning Board and their respective agents, officers, and employees from any claim, action, or proceeding (including legal costs and attorney's fees) against the City of Alameda, Alameda City Planning Board and their respective agents, officers or employees to attack, set aside, void or annul, an approval by the City of Alameda, the Community Development Department, Alameda City Planning Board or City Council relating to this project. The City shall promptly notify the applicant of any claim, action or proceeding and the City shall cooperate in such defense. The City may elect, in its sole discretion, to participate in the defense of said claim, action, or proceeding.
DECISION:
Environmental Determination
The Zoning Administrator has determined that this project does not involve a significant expansion of an existing use and will not have a significant effect on the environment. Therefore, it is categorically exempt from further environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines, Section 15301 - Existing Facilities.
Use Permit
The Zoning Administrator approves the Use Permit with conditions.
The decision of the Zoning Administrator shall be final unless appealed to the Planning Board, in writing and within ten (10) days of the decision.
Approved by: Date: April 7, 2015
Allen Tai, Zoning Administrator
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