Title
PLN18-0228 - Conditional Use Permit - 1518 Park Street - Applicant: Jason Tsang on behalf of Habana’s Cuban Cuisine. A public hearing to consider a request for approval of a Conditional Use Permit to allow an existing restaurant to operate after 10:00 P.M., until 1:30 A.M., every Friday and Saturday night. Live or amplified music and dancing will take place inside the restaurant from 7:00 P.M. until 11:00 P.M. The project site is located in the C-C-T (Community Commercial, Theatre Combining) Zoning District.
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BACKGROUND
Habana’s Cuban Cuisine has been in operation at 1518 Park Street since 2007. In March 2018, the Alameda Police Department (APD) responded to two separate incidents involving late night physical altercations at the business. APD also received nighttime complaints about loud music coming from the business on the weekends. After verifying the complaints, the business owner was notified that a Use Permit was required to operate past 10:00 P.M. and a dance permit from the Chief of Police was also required for the dance activity.
Under Alameda Municipal Code (AMC) Section 30-4.9A(c), businesses are required to obtain a use permit to operate between the nighttime hours of 10:00 p.m. and 7:00 a.m. On May 9, 2018 the owner of the Habana’s Cuban Cuisine applied for a Use Permit to extend the hours of operations from 10:00 P.M. to 1:30 A.M. on Friday and Saturday nights, which would accommodate live music performances and dance after 10:00 P.M. At the Zoning Administrator hearing on July 16, 2018, several residents from the surrounding neighborhood expressed opposition due to concerns of noise and disturbances if the business was granted approval to operate past 10:00 P.M. The Zoning Administrator is referring the application to the Planning Board for consideration pursuant to AMC Section 30-21.4(a) for proposals that generate public concern.
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Project Description
The applicant requests the approval of a Use Permit to allow business operations after 10:00 P.M. until 1:30 A.M. on Friday and Saturday nights. Originally the applicant proposed hosting live music and dance until 1:30 A.M. In response to public comments received at the Zoning Administrator hearing, the applicant has modified his proposal so that on Friday and Saturday nights the live music and dancing will occur only between 7:00 P.M. and 11:00 P.M., while continuing to keep the restaurant open until 1:30 A.M.
Existing Site and Surrounding Uses
The Habana’s restaurant is located at the southeast corner of Park Street and Webb Avenue, within the Park Street downtown business district. The restaurant is surrounded by commercial businesses, but the nearest residential homes are located just 200 feet to the east along Webb Avenue. Further east and to the north is the Everett Street residential neighborhood, which is approximately one and half blocks away from Habana’s.
Analysis
In order to approve this Use Permit application, the Planning Board must make a series of findings that the project, as conditioned, is: 1) compatible with other land uses in the general neighborhood area; 2) is served by adequate transportation; 3) will not adversely affect other property in the vicinity; 4) and relates favorably to the General Plan. The extended hours will not increase demand on existing transportation facilities. By providing new entertainment and expanded dining options, the project is beneficial to promoting Park Street as a destination. However, there is potential for the project to have negative impacts on surrounding properties and neighborhoods that must be addressed prior to approval. The evaluation of proposals for extended hours of operation for businesses includes examination of these potential issues or conflicts with surrounding uses, such as noise and public safety. The use permit process provides the opportunity to review these issues to determine their potential for impacts, and to apply conditions as needed to mitigate any potential impacts.
Consistency with General Plan and Zoning: Under the General Plan and the Community Commercial zoning district regulations, Park Street is identified as Alameda’s downtown, the entertainment, cultural, social, and civic center of the City. The downtown section of Park Street, between Encinal Avenue and Tilden Avenue, has several bars, taverns, and restaurants with use permits that allow operations past 10:00 P.M. The nearest such business to Habana’s is Churchward Pub, located across the street at 1515 Park Street. The overall goal for Park Street is to create a vibrant pedestrian-oriented district with various entertainment, shopping, and dining options while ensuring compatibility with adjacent neighborhoods. Habana’s proposal to include live music and dancing until 11:00 p.m. and business closure at 1:30 a.m. is consistent with the General Plan and Zoning goals and compatible with other businesses on Park Street that also open past 10:00 p.m.
Noise: A unique feature of Habana’s is the large accordion-style doors that open the interior of the restaurant to the outdoor seating areas along both Park Street and Webb Avenue. While this building design feature provides an active outdoor dining scene that is much desired in the downtown area, the open doors also allow interior live/amplified music to spill onto the streets, creating noise particularly during the nighttime hours. The previous noise complaints are attributed to the restaurant having musicians performing at the front entry area with the accordion doors completely open.
In response to neighborhood concerns, the applicant has agreed to relocate the musicians away from the doors. Staff recommends a condition of approval requiring the business to close doors during musical performances, and to ensure the volume of the music is lowered so that the activity complies with the City’s Noise Regulations. Staff also recommends a “three strikes” clause in the conditions, which allows the Planning Board to consider revoking the use permit upon receiving three verified complaints of noise violations.
Public Safety: As part of the application review process, the applicant worked with staff and the APD to create security measures that will address concerns over public safety. APD has directed the applicant to hire a private security guard on Friday and Saturday nights when the business is hosting live music and dancing and operating after 10:00 P.M. The applicant will also install security cameras for the exterior and interior of the business and will meet with APD to address concerns, review incidents, and modify the security measures as needed.
Recommended Conditions of Approval: Staff recommends the following conditions of approval to mitigate potential impacts on adjacent residential neighborhoods and to ensure compatible operations within the Park Street business district:
• The applicant must apply for a permit renewal after one year.
• The applicant must receive approval and maintain a valid Dance Permit from APD.
• Musicians and speakers shall be located away from the front entry.
• The applicant must implement a security plan approved by APD.
• The applicant will be responsible for ensuring that the sidewalks and streets adjacent to the building will be clear of litter and debris.
• Compliance with City Noise Regulations (AMC Section 4-10).
• The Planning Board may conduct revocation hearings upon receipt of three verified noise complaints.
Conclusion
The City’s General Plan has designated Park Street as Alameda’s downtown, where residents have access to entertainment and dining experiences. The applicant’s proposal to extend hours of operations on the weekends, along with live music and dancing, is beneficial to Park Street’s operation as Alameda’s downtown. Staff has worked with the applicant to adjust the project and provide a series of conditions to address issues, such as public safety and noise, so that this beneficial use will not have an adverse impact on the neighborhood. Staff recommends that the Use Permit be readdressed after a year to review the effectiveness of these conditions and the appropriateness of continuing the extended hours of operation.
PUBLIC NOTICE and Comments
Property owners and residents within 300 feet of the project’s boundaries were notified of the public hearing and given the opportunity to review and comment on the proposal. Prior to the July 16, 2018 Zoning Administrator hearing the City received several letters from residents in the neighborhood which have been included as Exhibit 3. As of the writing of this report, no additional comments were received by staff.
ENVIRONMENTAL REVIEW
This project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301(a) - operation, permitting or leasing of existing private structures involving negligible or no expansion of use beyond that which exists.
RECOMMENDATION
Hold a public hearing and adopt the Draft Resolution approving a Use Permit for extended hours of operation with conditions that include requiring a renewal of the use permit after one year.
Respectfully submitted:
David Sablan, AICP
Project Planner
Exhibits:
1. Draft Resolution
2. Floor Plan
3. Correspondence for July 16, 2018 Zoning Administrator Hearing