Title
PLN21-0087 - Use Permit - 930 Central Avenue - Applicant: Daniel Brainich. A public hearing to consider an Administrative Use Permit to allow the operation of a cafe within an existing 900 square foot tenant space. Restaurants and cafes require a Use Permit to operate within the C-1 zoning district. General Plan: Neighborhood Business. Zoning: C-1, Neighborhood Business District.
Body
CITY OF ALAMEDA
PLANNING, BUILDING & TRANSPORTATION DEPARTMENT
ADMINISTRATIVE USE PERMIT
ITEM NO: 3-A
PROJECT
DESCRIPTION: PLN21-0087 - Use Permit - 930 Central Avenue - Applicant: Daniel Brainich. A public hearing to consider an Administrative Use Permit to allow the operation of a cafe within an existing 900 square foot tenant space. Restaurants and cafes require a Use Permit to operate within the C-1 zoning district. General Plan: Neighborhood Business. Zoning: C-1, Neighborhood Business District.
GENERAL PLAN: Neighborhood Business
ZONING: C-1, Neighborhood Business District
ENVIRONMENTAL
DETERMINATION: Categorically Exempt from State CEQA Guidelines, Section 15301(a) - operation, permitting or leasing of existing private structures involving negligible or no expansion of use beyond that which exists.
PROJECT PLANNER: David Sablan, Planner III
PUBLIC NOTICE: A notice for this hearing was mailed to property owners and residents within 300 feet of the site, published in local newspapers and posted in public areas near the subject property. Staff has not received any public comments on this proposed project.
EXHIBITS: 1. Project Plans
RECOMMENDATION: Approve the project with conditions.
PROPOSAL SUMMARY:
On February 25, 2021, Daniel Brainich submitted an application for a café within an existing 900 square foot commercial space (Exhibit 1). The project is located within the C-1, Neighborhood Business District where a use permit is required for restaurants and cafes pursuant to AMC Section 30-4.8. The majority of the 900 square foot tenant space will used for back of house purposes, the customer area will only be approximately 222 square feet. At this time there is no proposal for outdoor seating. If the business were to seek to establish outdoor seating in the future they would be required to obtain a Sidewalk Usage Encroachment permit from the City’s Public Works Department. The proposed café will operate from 7:00 A.M. to 4:00 P.M. seven days a week, which is within the normal operating hours for the C-1 district. The applicant would be required to obtain an amendment to this Administrative Use Permit to operate at any time between the hours of 10:00 P.M. and 7:00 A.M.
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 coffee shop is located in a C-1 Neighborhood Business District, which is intended to serve residential areas with convenient shopping and service facilities. As such, this district allows for bakeries, candy stores, dairy product stores, and other uses similar to the proposed café use.
2. The proposed use will be served by adequate transportation and service facilities, including pedestrian, bicycle and transit facilities. Historically, there has been no off-street parking in the C-1, Neighborhood Business Districts throughout Alameda. The C-1, Neighborhood Business Districts were established prior to the AMC Parking regulations. The proposed use will be served by existing transportation and service facilities. Public transit is accessible for AC Transit line 20, with stops located 1.5 blocks to the west of the site, and lines 51A and O, with stops located 2 blocks north of the site. No on-site parking is available at this location. On-street parking is available on a two-hour basis on Central Avenue. The dining area is small with limited room for seating so the business will be oriented towards mainly to go orders and foot traffic from the surrounding residential neighborhood.
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 substantial deleterious effects on existing business districts or the local economy. The use is complementary and supportive of neighborhood serving businesses and service facilities in the neighborhood by providing an additional amenity oriented towards encouraging foot traffic from the surrounding residential neighborhood. The proposed project is limited in size with a commercial space of only 900 square feet, with a small 222 square foot dining area. Thus, approval of the Use Permit will not result in a substantial intensification of the site; it will not significantly affect other properties.
4. The proposed use relates favorably to the General Plan. The café/restaurant use of the site is consistent with General Plan Policy 2.5.f, which is to maintain neighborhood business districts for small stores that attract mainly pedestrian traffic and can be acceptable neighbors for nearby residents. The cafe, serving beverages and food will be a complementary service to pedestrians and nearby residents.
1. Use Permit: This use permit approves a café use with food service similar to restaurants, snack bars, and lunch counters pursuant to AMC 30-4.8.c.4.d.
2. Hours of Operation: The hours of operation may be 7:00 a.m. to 10:00 p.m. daily pursuant to AMC 30-4.8.
3. Compliance with Plans: Any modification on this site shall be in substantial compliance with the use permit application submittal dated February 25, 2021, prepared by Restaurant Design Concepts, on file in the City of Alameda Planning, Building & Transportation Department, except as modified by the conditions listed in this report.
4. Changes to Approved Plans: 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. Any changes to the approved scope of the project shall be submitted to the Planning, Building & Transportation Department for review and approval.
5. Vesting: The Use Permit approval shall expire two (2) years after the date of approval or by May 3, 2023 unless substantial 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.
6. Signage: The applicant shall obtain a separate sign permit for all signage on site.
7. Lighting: New exterior lighting fixtures shall be low intensity, directed downward and shielded to minimize offsite glare.
8. Sidewalk Café: The applicant shall obtain a Sidewalk Usage Encroachment permit from the Public Works Department prior to placing any outdoor seating on the sidewalk.
9. Waste, Recycling, and Composting: The project shall be designed to accommodate three waste streams: recycling, organics, and trash; as required by the Alameda County Waste Management Authority’s Mandatory Recycling Ordinance (ACWMA Ord. 2012-01).
10. 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.
11. Indemnification. To the maximum extent permitted by law, the applicant (or its successor in interest) shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City of Alameda, its City Council, City Planning Board, officials, employees, agents and volunteers (collectively, “Indemnitees”) from and against any and all claims, actions, or proceedings against Indemnitees to attack, set aside, void or annul an approval by Indemnitees relating to this project. This indemnification shall include, but is not limited to, all damages, losses, and expenses (including, without limitation, legal costs and attorney’s fees) that may be awarded to the prevailing party arising out of or in connection with an approval by the Indemnitees relating to this project. The City shall promptly notify the applicant of any claim, action or proceeding and the City shall cooperate in the defense. The City may elect, in its sole discretion, to participate in the defense of said claim, action, or proceeding and the applicant (or its successor in interest) shall reimburse the City for its reasonable legal costs and attorneys’ fees.
Environmental Determination
The Zoning Administrator has determined that this project qualifies for a Class 1 Categorical Exemption and no additional environmental review is necessary pursuant to CEQA Guidelines Section 15301 - Existing Facilities because the project consists of operation, permitting or leasing of existing private structures involving negligible or no expansion of use beyond that which exists.
Use Permit
The Zoning Administrator hereby 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: May 3, 2021_