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PLN18-0162 - 1211 Lincoln Avenue - Applicant: Dan Brumleve. A public hearing to consider an Administrative Use Permit to allow the expansion of an existing Domino’s Pizza restaurant, including take-out and delivery, to an adjacent 955-square-foot commercial space. The business hours of operation will continue from 10:30 a.m. to midnight, Sunday-Thursday and until 1:00 a.m. Friday and Saturday, the store will close for walk-in customers at 10:00 p.m. daily and the remaining hours of operation will be dedicated to delivery only. The property is located within the C-1, Neighborhood Business District where a conditional use permit is required for restaurants pursuant to AMC Section 30-4.8. This project is categorically exempt from the California Environmental Quality Act (CEQA) Section 15301-Existing Facilities
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CITY OF ALAMEDA
COMMUNITY DEVELOPMENT DEPARTMENT
ADMINISTRATIVE USE PERMIT
ITEM NO: 3-A
PROJECT
DESCRIPTION: PLN18-0162 - 1211 Lincoln Avenue - Applicant: Dan Brumleve. A public hearing to consider a Use Permit to allow the expansion of an existing Domino’s Pizza restaurant, including take-out and delivery, to an adjacent 955-square-foot commercial space. The business hours of operation will continue from 10:30 a.m. to 12 midnight, Sunday-Thursday and until 1 a.m. Friday and Saturday, the business will close for walk-in customers at 10:00 p.m. daily and the remaining hours of operation will be dedicated to delivery services only. The property is located within the C-1, Neighborhood Business District where a conditional use permit is required for restaurants pursuant to AMC Section 30-4.8.
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: Linda Barrera, 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. Site Plan
2. Previously approved Use Permit UP-83-3
RECOMMENDATION: Approve the project with conditions.
BACKGROUND:
On March 28, 2018, Don Brumleve submitted an application for the expansion of an existing Domino’s Pizza at 1215 Lincoln Avenue to an adjacent commercial space of 955 square feet at 1211 Lincoln Avenue (Exhibit 1). The existing Domino’s Pizza at 1215 Lincoln Avenue currently operates as a take-out and delivery business. The current Use Permit requests to expand the take-out and delivery business to include a restaurant for on-site dining and additional lobby space for take-out customers in the adjacent commercial space. A majority of the expansion, however, will be used for additional employee work space to assemble pizzas. The restaurant will be expanded by creating an internal connection between the two commercial spaces with no changes to the exterior of the building.
On February 14th, 1983, Use Permit UP-83-3 was granted to operate the pizza delivery and take-out business at 1215 Lincoln Avenue (Exhibit 2). The previously approved Use Permit allowed operating hours until 12 midnight Sunday through Thursday and until 1 a.m. Friday and Saturday. The current application will maintain the existing hours of operation and will close the business for walk-in customers at 10 p.m. daily. Delivery services will continue until 12 a.m. Sunday through Thursday and until 1 a.m. Friday and Saturday.
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 pizza restaurant is located in a C-1, Neighborhood Business District, which is intended to serve residential areas with convenient service facilities. The existing operation in the adjacent commercial space, under the previously granted Use Permit, has operated harmoniously in the neighborhood for over 30 years. The proposed expansion to the adjacent retail space will provide just five tables for on-site dining and additional customer lobby space. The proposed expansion is small, and it maintains the existing small business character typical of neighborhood serving businesses in this commercial zone. The proposed expansion will also maintain the existing traditional storefront character, which is compatible with the surrounding neighborhood as there are several neighboring businesses with similar architectural style.
2. The proposed use will be served by adequate transportation and service facilities, including pedestrian, bicycle and transit facilities.
The proposed expansion of the existing pizza take-out to a restaurant with five tables will not generate significant traffic that will require additional transportation and service facilities. Lincoln Avenue is a wide four-lane street, and any traffic from the pizza would not noticeably increase traffic on Lincoln Avenue. Like many properties in Alameda’s pedestrian-oriented Neighborhood Business Districts, the subject property was built prior to the automobile age and without any space to accommodate off-street parking. While no off-street parking is available at this location, on-street public parking is available on Lincoln Avenue for customers who choose to visit by car. The business does not have any company-owned vehicles. Delivery drivers use their own vehicles for pizza deliveries and do not park the vehicles at the site overnight. A condition of the existing use permit prohibits delivery vehicles from double-parking while picking up pizza orders, and there have been no complaints over parking or double parking since 1983. As a condition of approval, a bicycle rack will be installed in front of the site to encourage alternative modes of transportation to the site. This is consistent with other City approvals for businesses without on-site parking. Public transit is accessible for AC Transit routes lines 51 and O, just one block from 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 proposed expansion of the existing Domino’s Pizza take-out space into a restaurant is complementary to neighborhood serving businesses and service facilities. The approval of this Use Permit will not result in substantial intensification of the site and will not significantly affect other properties. Review of City records indicates that there are no recent or pending complaints filed against the property or existing restaurant at the adjacent site.
4. The proposed use relates favorably to the General Plan.
The restaurant use of the site is consistent with General Plan Policy 2.5.f, which is to maintain neighborhood business districts for small businesses that attract mainly pedestrian traffic and can be acceptable neighbors for nearby residents. The proposed expansion of the existing Domino’s Pizza take-out space into a restaurant will enhance an existing business that provides complementary service to other businesses in this neighborhood.
1. Use Permit: This Use Permit allows a pizza restaurant, including on-site dining, take-out, and delivery service pursuant to AMC Section 30-4.8. This Use Permit amends Use Permit UP-83-3 (Planning Board Resolution No. 1310) and any conditions of approval from UP-83-3 that are applicable and current are included below.
2. Hours of Operation: The hours of operation authorized under this Use Permit may be between 10:30 a.m. to 12 midnight, Sunday-Thursday and 10:30 a.m. to 1:00 a.m. Friday and Saturday. The business shall close its doors at 10:00 p.m. daily for walk-in customers. Delivery service may continue to operate from 10:00 p.m. to 12 midnight Sunday-Thursday and 10:00 p.m. to 1:00 a.m. Friday and Saturday.
3. Compliance with Plans. Any modification on this site shall be in substantial compliance with the Use Permit application submittal dated March 28, 2018, by Dan Brumleve, on file in the City of Alameda Community Development 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 Community Development Department for review and approval.
5. Bicycle Racks: Prior to issuance of building permits, the applicant shall coordinate with the City’s Public Work Department on an appropriate location for one (1) bicycle rack. Prior to the issuance of a Certificate of Occupancy for the subject business, the applicant shall either install one (1) inverted-U style bicycle rack in an agreed upon location, or pay an amount equivalent to the cost to purchase and install one (1) inverted-U style bicycle racks into the City’s bike rack fund. The applicant shall be responsible for obtaining any required Encroachment Permit necessary for installation of the bicycle rack.
6. Signage: The applicant shall replace the existing internally-lit cabinet sign with either externally-lit channel letters or a reverse-halo-lit sign to the satisfaction of the Planning Director. The applicant obtain a separate sign permit for all new signage on the site.
7. Lighting: New exterior lighting fixtures shall be low intensity, directed downward and shielded to minimize off-site glare.
8. Waste, Recycling, Composting: The establishment shall recycle can and 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.
9. No Overnight Parking of Business Vehicles: Business vehicle(s) shall not park on public streets after the approved business hours specified in Condition #2.
10. No Overnight Deliveries to the Business: The applicant shall notify its vendors in writing that overnight deliveries to the business between the hours of 10:00 p.m. to 7:00 a.m. is prohibited. The applicant shall provide a copy of the written notification to the City upon request.
11. No double parking: Business vehicles used for pizza delivery shall not double park on public streets.
12. Vesting: The Use Permit approval shall expire two (2) years after the date of approval or by June 4, 2020 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. 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. Indemnification. The Applicant shall defend (with counsel reasonably acceptable to the City), indemnify, and hold harmless the City of Alameda, the Alameda City Planning Board and their respective agents, officers, and employees from any claim, action, or proceeding (including legal costs and attorney’s fees) against the City of Alameda, Alameda City Planning Board, and their respective agents, officers, or employees to attack, set aside, void or annul, an approval by the City of Alameda, the Community Development Department, Alameda City Planning Board, the City of or City Council related to this project. The City shall promptly notify the Applicant of any claim, action, or proceeding and the City shall cooperate in such defense. The City may elect, in its sole discretion, to participate in the defense of said claim, action, or proceeding. No judicial proceedings subject to review pursuant to California Code of Civil Procedure Section 1094.5 may be prosecuted more than ninety (90) days following the date of this decision plus extensions authorized by California Code of Civil Procedure Section 1094.6
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: June 4, 2018__