Title
PLN23-0168 - Administrative Use Permit - 1304 Lincoln Avenue - Applicant: Daniel Hoy. Public hearing to consider an administrative use permit to allow an expansion of a previously permitted outdoor patio for the existing Forbidden Island tavern. No changes to the current patio hours of 5:00 P.M. to 9:00 P.M. daily are proposed.
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CITY OF ALAMEDA
PLANNING, BUILDING AND TRANSPORTATION DEPARTMENT
ADMINISTRATIVE USE PERMIT
PROJECT
DESCRIPTION: PLN23-0168 - Administrative Use Permit - 1304 Lincoln Avenue - Applicant: Daniel Hoy. Public hearing to consider an administrative use permit to allow an expansion of a previously permitted outdoor patio for the existing Forbidden Island tavern. No changes to the current patio hours of 5:00 P.M. to 9:00 P.M. daily are proposed.
GENERAL PLAN: Neighborhood Mixed-Use
ZONING: C-1, Neighborhood Business District
DETERMINATION: The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 - Existing Facilities.
PROJECT PLANNER: Brian McGuire, Planner II
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
2. PLN16-0107 - Previous Use Permit
RECOMMENDATION: Approve the Use Permit with conditions.
PROPOSAL SUMMARY: The existing tavern at 1304 Lincoln Avenue has been in continuous operation since the previous building was rebuilt in 1969 after a fire. The tavern has been operating as Forbidden Island since 2006. In 2016, the property owner obtained a use permit to bring the legal nonconforming use into conformance with the C-1 zoning district regulations. At that time, the tavern had an outdoor patio adjacent to a small parking lot with nine spaces.
In 2020, in response to the COVID-19 emergency and pursuant to the citywide use permit allowing outdoor dining, retail, and commercial uses (PLN20-0215), the business expanded their outdoor patio into their parking lot to meet social distancing requirements and more space for patrons who wished to avoid crowded indoor environments during the pandemic. The citywide use permit is set to expire in November 2023, but outdoor seating continues to be in high demand due to Alameda’s temperate climate and ongoing consumer preferences around health precautions. In 2021, the off-street parking regulations were amended to eliminate the requirement for minimum off street parking. The business wishes to make the current configuration, which has been in operation for the last three years, permanent. 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 seating and extended hours of operation is compatible with the C-1 zoning district. It has a demonstrated history of harmonious operations with the surrounding neighborhood. They have refined their operating hours and approach over the years to minimize impacts on neighboring properties. The conditions of approval have proven to be effective at minimizing noise and the hours of operation for the outdoor seating are very limited. No exterior changes to the building are proposed as part of this use permit.
2. The proposed use will be served by adequate transportation and service facilities, including pedestrian, bicycle and transit facilities.
The site is located one block away from Santa Clara Ave, one of the City’s high quality transit corridors. The tavern is within walking distances to AC Transit bus routes O, 51A, 19, 314 and 851. On-street parking is available in the immediate vicinity serving this and other businesses in the C-1 district. In addition, public bicycle racks are also located along the sidewalk adjacent to the facility, in the business district and surrounding neighborhood. Ten bike racks (20 spaces) are proposed for installation as part of this use permit. Furthermore, the existing tavern is already fully developed and does not require additional service facilities.
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 will not adversely affect the surrounding properties, hurt the existing business district, or the local economy. The project is an existing tavern use that will maintain its current operating hours from 7:00 A.M. to 10:00 P.M. on Sundays, 7:00 A.M. to 12:00 A.M. on Mondays through Thursdays, and 7:00 A.M. to 2:00 A.M. on Fridays and Saturdays. The hours of operation for the outdoor patio area will be limited to 5:00 P.M. to 9:00 P.M. The project is located adjacent to existing residential neighborhoods to the east and south of the property. Conditions of approval will minimize noise and provide controlled operating hours to maintain compatibility of the tavern and outdoor patio area with the residential neighborhoods. Overall, the proposed use will have a positive impact on the neighborhood by providing food, beverages, and outdoor seating for the local residents. Therefore, the proposed use permit will not adversely affect the surrounding neighborhood.
4. The proposed use relates favorably to the General Plan.
The site is designated Neighborhood Mixed Use in the Alameda 2040 General Plan. The proposed use is consistent with this land use designation. General Plan policy LU-5, Neighborhood Mixed Use, calls for maintaining, promoting and supporting neighborhood-oriented business districts. General Plan policy LU-4, Neighborhood Transitions calls for sensitive, well-designed transitions between neighborhoods adjoining business districts to minimize nuisances while encouraging mixed uses that provide commercial services. The conditions of approval are designed to meet this policy while allowing the neighborhood business to provide a desired service to the community. The proposed use permit is consistent with the General Plan.
CONDITIONS:
1. Use Permit Amendment. Conditions relating to Use Permit Approval No. PLN16-0107 are superseded by this Use Permit approval. All of the conditions of approval from Use Permit PLN16-0107 have been incorporated into this Use Permit approval.
2. Approved Uses: This use permit approves a tavern with outdoor seating and extended hours of operation for indoor operations.
3. 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 Alcoholic Beverage Control.
4. Changes to Approved Plans: This approval is limited to the scope of the project defined in the project description and patio site plan submitted by Daniel Hoy to the Planning, Building and Transportation Department on April 24, 2023 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.
5. Hours of Operation: The hours of operation for the tavern shall be between the hours of 3:00 P.M. to 10:00 P.M. on Sundays, 5:00 P.M. to 12:00 A.M. on Mondays through Thursdays, and 5:00 P.M. to 2:00 A.M. on Fridays and Saturdays. The daily hours of operation for the outdoor patio area shall be limited to 5:00 P.M. to 9:00 P.M.
6. Commercial Kitchen: The establishment shall include a full commercial kitchen that includes Food Preparation Equipment defined in the California Energy Code of Regulations. Food Preparation Equipment is cooking equipment intended for commercial use, including coffee machines, espresso coffee makers, conductive cookers, food warmers including heated food servers, fryers, griddles, nut warmers, ovens, popcorn makers, steam kettles, ranges and cooking appliances that allow the establishment to serve hot meals to patrons.
7. Outdoor Patio Area: No live music or amplified speakers are allowed outdoors unless approved as part of a Special Events Permit. No smoking is allowed in the outdoor patio area. A sign indicating that no smoking is allowed shall be located in the outdoor patio area at all times. A sign shall be placed in the entrance of the outdoor patio between 9:00 P.M. and closing every evening indicating that the patio area is closed after 9:00 P.M. and no customer access is allowed.
8. Noise: The applicant shall ensure that all operations are conducted in conformance with the Alameda Noise Ordinance. Verified complaints from neighbors shall be cause for a public hearing to modify or revoke this Use Permit.
9. Exterior Lighting: New exterior lighting fixtures shall be low intensity, directed downward and shielded to minimize offsite glare.
10. Waste, Recycling, and Composting: The establishment shall recycle cans or bottles that are subject to the State of California Container Deposit Law and comply with all local, state, and regional laws requiring source-separation of waste material for recycling and composting.
11. 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.
12. Vesting. The Use Permit approval shall expire two (2) years after the date of approval or by June 5, 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.
13. 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: June 5, 2023
Allen Tai, Zoning Administrator