Title
PLN25-0322 - Administrative Use Permit - 1414 Park Street - Applicant: Meg Livernoche. A public hearing to consider approving commercial recreation use and make the Public Convenience and Necessity finding to add on-sale alcoholic beverage service (Type 40 On-Sale Beer license) as an accessory use and extend the hours of operation from 10:00 p.m. until midnight daily.
Body
CITY OF ALAMEDA
PLANNING, BUILDING AND TRANSPORTATION DEPARTMENT
ZONING ADMINISTRATOR
ADMINISTRATIVE USE PERMIT
PROJECT
DESCRIPTION: PLN25-0322 - Administrative Use Permit - 1414 Park Street - Applicant: Meg Livernoche. A public hearing to consider approving commercial recreation use and make the Public Convenience and Necessity finding to add on-sale alcoholic beverage service (Type 40 On-Sale Beer license) as an accessory use and extend the hours of operation from 10:00 p.m. until midnight daily.
GENERAL PLAN: Community Mixed-Use
ZONING: C-C-T, Community Commercial - Theater Combining District
ENVIRONMENTAL
DETERMINATION: The project is categorically exempt from environmental review pursuant to CEQA Guidelines Section 15301 - Existing Facilities. No physical changes are proposed to the site.
PROJECT PLANNER: Brian McGuire, Planner II
PUBLIC NOTICE: A notice was mailed to property owners and residents within 300 feet of the site, published in the local newspaper of general circulation and posted in public areas near the subject property. Staff have not received any public comments.
EXHIBIT(S): 1. Plans
2. Existing Use Permit - PLN13-0154
RECOMMENDATION: Approve the project with conditions.
PROJECT SUMMARY:
Since 2013, applicant has operated "High Scores Arcade" in a 900 square-foot retail space at 1414 Park Street as an interactive arcade museum. Visitors may operate the classic arcade machines upon payment of an entrance fee. The applicant is requesting a use permit amendment to allow them to operate with a Type 40 - On-Sale Beer - State Department of Alcoholic Beverage Control (ABC) license in order sell beer and similar alcoholic beverages on premises along with pre-packaged food products. The Plans (Exhibit 1) are attached and show where the refrigerator and snack display are adjacent to the front desk and the main floor area where a small number of "high-top" tables will be used to support the ancillary alcohol and food sales.
The ABC describes a Type 40 license as: "Issued to bars and taverns. Authorizes the sale of beer for consumption on or off the premises where sold. No wine or distilled spirits may be on the premises. Full meals are not required; however, sandwiches or snacks must be available. Minors are allowed on the premises. This license type is subject to Responsible Beverage Service (RBS) requirements and requires alcohol servers and managers of alcohol servers to be RBS certified."
This Use Permit would allow on-sale beer as accessory to the commercial recreation (arcade) use and allow the business to operate until 12:00 A.M. (midnight) daily. Due to the high concentration of liquor licenses in the area, ABC requires business operators to obtain a Determination of Public Convenience or Necessity (PCN) from the City. The Zoning Administrator is empowered to make PCN determinations, and a finding is included in this use permit. Since the 2013 approval of the existing use permit, PLN13-0154 (Exhibit 2), Commercial Recreation has been added to the C-C, Community Commercial Zoning District as a conditionally allowed use. This Use Permit would reclassify and approve the use as Commercial Recreation, which more closely aligns with the business operations than the prior permit for a museum use.
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 sale of alcoholic beverages as an accessory use to the arcade (commercial recreation) is compatible with the other entertainment, retail, bar and restaurant uses within the Park Street commercial district. The extended hours of operation to midnight are common amongst bars and restaurants throughout the district. The applicant is required to abide by the Alameda Noise Ordinance and all other local laws. No exterior modifications 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 location of the project is within the Park Street downtown area and is fully developed and does not require additional service facilities. Bicycle parking is available nearby. The property is within one block of two public surface parking lots and the Civic Center Parking Garage to supplement the available public street parking in the area. The site is well served by transit. AC Transit lines 51A, O, 30, and 31 stop within one block of the site.
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 addition of serving alcohol as accessory use and extended hours of operation to the existing arcade will not adversely affect nearby properties and will have positive effects on the Park Street business district by expanding the customer base for the existing business, bringing more visitors to the district and helping prevent additional vacancies in the downtown area. The Type 40 On-Sale Beer service is proposed as an accessory use and is not expected to create significant noise, safety, or compatibility issues with surrounding properties.
4. The proposed use relates favorably to the General Plan.
The proposed commercial recreation and bar use with extended hours of operation is consistent with the General Plan Land Use Element goals focusing on character and the economy. By supporting a diverse and healthy mix of uses in the Park Street commercial district that draws visitors downtown the character of the historic district is preserved and the local economy is strengthened. Therefore, the proposed use related favorably with the General Plan.
5. The addition of a Type 40 ABC license is determined to be a Public Convenience or Necessity. Allowing a license to sell beer at the proposed location will not be detrimental to the surrounding area and will enhance the visitor experience by offering a broader mix of recreation and entertainment activities. The project is expected to increase foot traffic, support nearby businesses, and strengthen the overall vitality and commercial viability of the Park Street business district. Although the ABC identifies the subject site as being within an area of "undue concentration" of liquor licenses, the negative effects sometimes associated with the over-concentration of alcohol selling businesses within a particular area, such as increased crime, loitering, or public nuisance, have not been evident in the Park Street commercial district, and this license is accessory to the primary use as a commercial recreation business. Additionally, the Alameda Police Department has reviewed this request and advised that it has no public safety concerns with the proposed use permit amendment.
CONDITIONS:
1. This approval supersedes and replaces the conditions of the previous use permit approval contained in Use Permit PLN13-0154.
2. Approved Uses: This Use Permit approves commercial recreation use with accessory alcohol sales via a Type 40 On-Sale Beer license and extended hours to midnight daily.
3. Changes to Approved Plans: This approval does not represent recognition and/or approval of any work completed without required City permits. Any additional exterior changes shall be submitted to the Planning, Building, and Transportation Department for review and approval prior to use or construction.
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.
5. Hours of Operation: The approved hours of operation are from 7:00 AM to 12:00 AM (midnight).
6. Amplified Noise: Applicant shall comply with Alameda Municipal Code Section 4-10, also known as the Noise Ordinance. Amplified noise associated with the use shall be limited to indoor activities and maintained at a volume not to exceed the ambient sound levels in the area.
7. Video Surveillance: The applicant shall install and maintain a video surveillance system inside the premises for security purposes.
8. ABC Requirements: The applicant shall ensure staff is responsible for and enforce all ABC requirements and ensure alcohol is not consumed outside of the premises and not outside the business such as on the adjacent sidewalk.
9. Prohibition on Smoking: No smoking is allowed on premises or in the public right of way (sidewalk and street) adjacent to the business. A "No Smoking" sign shall be posted near the entrance visible from the sidewalk. Applicant is responsible for ensuring compliance by patrons.
10. Minors under Eighteen (18) Years of Age: No proprietor, employee thereof, or person in charge, shall allow any minor under the age of eighteen (18) years of age to play or use any such game machine or occupy a game machine area during the academic year for Alameda public schools between the hours of 7:00 AM and 3:00 PM, except during school holidays and on Saturday and Sunday, nor between the hours of 10:00 PM. and 7:00 AM on all days preceding school days, and between midnight and 7:00 AM on all other days. Preschool children accompanied by an adult shall be exempt from the restrictions of this subsection.
11. Vesting: The Use Permit approval shall expire two (2) years after the date of approval or by September 15, 2027, unless authorized construction or use of the property, as stated under this Use Permit, 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.
12. Revocation: This Use Permit may be modified or revoked by the Planning Board, pursuant to AMC Section 30-21.3 following a public hearing, if the Planning Board determines 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.
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.