Title
PLN23-0118 - Administrative Use Permit - 2030 Clement Avenue - Applicant: Chris Cashin. Public hearing to consider an administrative use permit to: allow a tavern with full-service restaurant serving beer, wine and distilled spirits; make permanent and expand the existing outdoor dining area; and allow the continued sale of packaged beer and wine to go.
Body
CITY OF ALAMEDA
PLANNING, BUILDING AND TRANSPORTATION DEPARTMENT
ADMINISTRATIVE USE PERMIT
PROJECT
DESCRIPTION: PLN23-0118 - Administrative Use Permit - 2030 Clement Avenue - Applicant: Chris Cashin. Public hearing to consider an administrative use permit to: allow a tavern with full-service restaurant serving beer, wine and distilled spirits; make permanent and expand the existing outdoor dining area; and allow the continued sale of packaged beer and wine to go.
GENERAL PLAN: Mixed-Use
ZONING: M-1, Intermediate Industrial (Manufacturing) Zoning District
DETERMINATION: The project is categorically exempt from the California Environmental Act (CEQA) pursuant to CEQA Guidelines Section 15301 - Existing Facilities.
PROJECT PLANNER: Brian McGuire
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 Use Permit with conditions.
PROPOSAL SUMMARY: The project site is located at 2030 Clement Avenue. The Boathouse has previously operated as a bar serving beer and wine with a Type 42 liquor license. Type 42 liquor licenses are associated with a bar use in the zoning code. The M-1 Zoning District does not permit bars. Current owners have replaced the adjoining bait and tackle shop with a dining room and kitchen in order to operate as a tavern under a Type 47 liquor license, which is a permitted use in the M-1 district. The Applicant has been operating an outdoor dining and drinking patio during the Covid-19 pandemic consistent with the citywide use permit for outdoor uses (PLN20-0215) during the health emergency. Applicant seeks to make permanent and expand the outdoor patio before the citywide use permit expires November 15, 2023. No new structures are proposed as part of the project.
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 are architecturally, aesthetically, and operationally harmonious with the community and surrounding development.
The proposed tavern with outdoor dining patio and beer garden is compatible with the mix of land uses on and near Clement Avenue. The proposal provides expanded amenities for nearby residents and employees, serving both existing nearby commercial and residential neighbors, as well as new occupants of the redeveloping Alameda Marina site across the street. By transitioning from a bar that did not always serve food and did not allow minors to a tavern with a bona fide eating place, the business will become more family friendly and operationally harmonious with the surrounding community.
2. The proposed use will be served by adequate transportation and service facilities, including pedestrian, bicycle and transit facilities.
The existing establishment is already served by adequate transportation and service facilities. The property has no barriers to public access. The Cross Alameda Trail and Clement Avenue Extension are further enhancing access to the site. The project is served by AC Transit Line 19 two blocks away and is within half a mile of Line 51 and Transbay bus service on Santa Clara Avenue. The project will allow safety and ADA accessibility improvements to be made along the substandard City sidewalk fronting the property on Clement Avenue. Replacing the substandard parking area with an outdoor patio will encourage more people to arrive by walking, biking or taking transit.
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 tavern with to-go sales of beer and wine, as well as outdoor dining patio and beer garden use, as conditioned, will not adversely affect other property in the vicinity and will not have deleterious effects on existing business districts or the local economy. The conditions of approval are designed to prevent adverse impacts of other properties, including prohibiting amplified sound and limited hours of operation for the outdoor patio. The tavern will provide a beneficial expansion of amenities available to residents and the industrial and other commercial businesses in the area which often rely on food trucks to serve their employees.
4. The proposed use relates favorably to the General Plan.
The Alameda 2040 General Plan designation for this parcel is Mixed Use. The proposed use is consistent with this land use designation which permits a wide variety of commercial and business uses. Land Use Element policy LU-23, Northern Waterfront Mixed-Use Area, calls for creating a vibrant mixed-use pedestrian-friendly neighborhood compatible with the waterfront location. The tavern and outdoor patio is consistent with this use by providing an active, street oriented use in this changing neighborhood. General Plan Policy LU-5 calls for promoting and supporting neighborhood-oriented business districts to provide local-serving retail and commercial uses. The proposed tavern provides expanded services along the Clement Avenue corridor with its mixed commercial, industrial and growing residential community.
CONDITIONS:
1. Approved Uses: This use permit approves a tavern with sales of beer and wine to-go, and an outdoor dining and beer garden in the existing parking area at 2030 Clement Avenue.
2. Abandonment of Bar Use. With approval of the Type 47 liquor license allowing sales of beer, wine, and distilled spirits accompanied by a full service restaurant, the non-conforming bar use under the previous Type 42 liquor license shall be abandoned.
3. Repair of Driveway Curb Cut. With the expansion of the outdoor patio that replaces the remaining sub-standard parking spaces along Clement Avenue, the existing parking shall be deemed abandoned. The City may repair the curb and sidewalk at any time. The City may also require the applicant/owner to complete such repairs as a condition of approval with a future planning entitlement or other improvement to the outdoor patio area.
4. Compliance with City Ordinances. The approved use is subject to, and shall comply with, all applicable City Ordinances and laws and regulations of other governmental agencies including the Department of Alcohol Beverage Control. Where a conflict exists between the privileges allowed under an ABC license and the City’s zoning regulations and use permit, the City’s zoning and use permit shall govern.
5. 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 and Transportation Department for review and approval.
6. Tavern Hours of operation: The approved hours of operation for indoor use are between 7:00 A.M. and Midnight daily.
7. Outdoor Patio Hours of Operation: The outdoor patio and seating area are for customers. The hours of operation for the outdoor patio may be between 10:00 A.M. and 9:00 P.M. Sunday through Thursday and 10:00 A.M. and 11:00 P.M. on Friday and Saturday.
8. Prohibitions on Amplified Sound: No amplified speakers are allowed in the outdoor seating area.
9. Prohibition on Smoking: No smoking is allowed in the outdoor seating area. “No Smoking” signs shall be posted in the outdoor areas.
10. Good Neighbor Signage: Signs shall be posted in the outdoor seating area informing patrons of the need to be respectful, mindful, and courteous of the adjacent neighbors.
11. Urban Runoff / Stormwater Requirements:
a. Applicant must ensure that no pollutants, including food waste/grease, liquid wastes, garbage/debris, litter, and/or other materials, are discharged to the City’s storm drain system (including roadways and storm drains), or the paved use areas or wind-dispersed off-site.
b. Applicant will be required to pick up, remove, and dispose of all garbage, refuse or litter consisting of foodstuffs, wrappers, and/or materials dispensed, and any residue deposited on the street and the paved use areas from the operation thereof, and otherwise maintain in a clean and debris-free condition the entire area within a 25-foot radius of the location where food vending is occurring.
c. Applicant will be required to pick up, remove and properly dispose of all wastes, debris and trash from the use site daily.
d. Applicant shall use best management practices and dry methods of cleaning to prevent accumulation or discharge of any materials to the City’s storm drain system (including roadways and storm drains) and the paved use areas.
e. Applicant shall ensure that any wash water from surface cleaning activities shall be collected and discharged to the sanitary sewer system and shall implement surface cleaning best management practices described in the Bay Area Stormwater Management Agencies Association (BASMAA) “Pollution From Surface Cleaning” guidance document.
12. Integrated Waste Requirements:
a. Applicant shall provide customers sufficient garbage, recycling, and organic collection receptacles.
b. Applicant shall place graphically rich signs or labels on or adjacent to containers so customer discards are more thoughtfully sorted.
c. All receptacles shall be covered or secured when operations are closed. Applicant will discourage the scavenging of bottles and cans from use area.
d. Applicant understands that disposable food service ware that uses polystyrene foam (aka Styrofoam™) is prohibited within jurisdictional limits.
e. Use of City waste receptacles is prohibited.
13. 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.
14. Vesting. The Use Permit approval shall expire two (2) years after the date of approval or by May 15, 2025 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.
15. HOLD HARMLESS. 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.
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: May 15, 2022
Allen Tai, Zoning Administrator