File #: 2024-4516   
Type: ZA Hearing Item
Body: Zoning Administrator Hearing
On agenda: 11/4/2024
Title: PLN24-0484 - Administrative Use Permit - 2350 Saratoga Avenue - Applicant: Journey with Friends. A public hearing to consider an Administrative Use Permit to allow the establishment of an approximately 900-square-foot wine and beer bar within an existing mixed-use building pursuant to AMC 30-4.24.g.10.
Attachments: 1. Exhibit 1 Project Plans

Title

 

PLN24-0484 - Administrative Use Permit - 2350 Saratoga Avenue - Applicant: Journey with Friends. A public hearing to consider an Administrative Use Permit to allow the establishment of an approximately 900-square-foot wine and beer bar within an existing mixed-use building pursuant to AMC 30-4.24.g.10.

 

Body

 

CITY OF ALAMEDA

PLANNING, BUILDING & TRANSPORTATION DEPARTMENT

 

ZONING ADMINISTRATOR

ITEM NO:  3-B

 

PROJECT DESCRIPTION:                     

PLN24-0484 - Administrative Use Permit - 2350 Saratoga Avenue - Applicant: Journey with Friends. A public hearing to consider an Administrative Use Permit to allow the establishment of an approximately 900-square-foot wine and beer bar within an existing mixed-use building pursuant to AMC 30-4.24.g.10.

 

GENERAL PLAN:                     Mixed Use

ZONING:                      AP-AR, Alameda Point - Adaptive Reuse District

ENVIRONMENTAL DETERMINATION:

The project is exempt from further review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15183, tiering from the Alameda Point EIR.

PROJECT PLANNER:                     Henry Dong, 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 have not received any public comments on this proposed project.

EXHIBITS:                     1. Project Plans

RECOMMENDATION:                     Approve the project with conditions.

 

PROPOSAL SUMMARY:

 

The applicant is requesting a Use Permit to allow a wine and beer bar located on the ground floor of an existing Storehouse Lofts mixed-use building. The proposed use will occupy an approximately 900-square foot commercial unit and will serve wine, beer, and catered food to customers. Alameda Municipal Code (AMC) 30-4.24.g.10 requires a use permit for establishing a bar (an establishment serving alcohol beverages under ABC license types 40, 42, 48, or 61 without a commercial kitchen). AMC 30-12.2 requires that “no more than three (3) bars may be located within one thousand (1,000) feet of each other.” There are no other establishments within 1,000 feet of the project site with the ABC license type that would be defined as a bar. Approval of this use permit does not conflict with AMC 30-12.2.

 

Hours of operation will be during standard business hours. The facility will operate Wednesday through Thursday between 4:00PM to 9:00PM, Friday through Saturday 11:00 AM to 10:00 PM, and on Sunday from 11:00AM to 9:00PM. The other tenants on the ground floor of the building include the Saltbreaker restaurant, Humble Sea Brewing Company, and existing work/live units. Units on the upper floors of the building include additional work/live units. The 900 square foot wine bar layout will include a bar, a restroom, and a seating area for customers. The facility will have approximately four employees and a maximum capacity of 45 customers at one time. No exterior changes or modifications are proposed to the building. See Exhibit 1: Project Plans.

 

The site is zoned to allow bars and taverns subject to a use permit that can be granted if certain findings can be made. The following section provides an analysis of those findings. Conditions of approval are also provided to ensure compliance with the findings and performance standards.

 

PROPOSED 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 building is located within the AP-AR zoning district, which permits bars and taverns with a Use Permit. The AP-AR district emphasizes a variety of office, commercial, community serving retail, restaurants, and personal services serving the Alameda community. The proposed bar is consistent with the AP-AR District and the minimum separation required between bar uses established by AMC 30-12.2. The bar will provide a local beverage and food facility that will serve employees and residents of the surrounding properties that include commercial, office, work/live and residential uses. The proposed use will operate during standard business hours and is operationally compatible with the adjacent uses in the AP-AR District. No new structures or changes to the exterior of the existing building are proposed as part of the project. Therefore, the project is architecturally, aesthetically, and operationally harmonious with the community and the surrounding development.

 

2.                     The proposed use will be served by adequate transportation and service facilities, including pedestrian, bicycle and transit facilities.

 

                     The facility is located near the corner of West Ranger Avenue and Saratoga Street with readily available pedestrian access by sidewalks and crosswalks. The property is already served by adequate transportation and service facilities. The project is located within one block of the bus stop for AC Transit bus route 96 and within one mile of the Main Street and Seaplane Lagoon ferry terminals. The facility also supports bicycle transportation with existing bike parking racks located in front of the building on Saratoga Street. The wine bar has a maximum capacity of 45 people. The project anticipates customers visiting the site from the surrounding neighborhood. The customers of the business are primarily local employees, tenants and customers of the surrounding uses and the facility will not significantly generate additional traffic or service requirements to the area. In addition, Alameda TMA transit passes would be made available to employees of this project. Therefore, the proposed use is served by adequate transportation and service facilities, including pedestrian, bicycle and transit 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 substantial deleterious effects on existing business districts or the local economy.

 

                     The proposed 900 square-foot wine bar use will not negatively affect the properties in the surrounding area. The project provides a low-intensity commercial use that will be compatible with the adjacent commercial, office, work/live and residential uses. The proposal will provide a local beverage and food service for the tenants and employees in the area. Furthermore, the hours of operation are within the standard business hours in the AP-AR District which is from 7:00 AM to 10:00 PM. The addition of a locally owned business will improve the local economy as well. The proposed use, as conditioned, will not have substantial deleterious effects on existing business districts or the local economy.

 

4.                     The proposed use relates favorably to the General Plan.

 

The site is located within an area designated by the General Plan as Mixed Use which permits a wide variety of commercial uses. The proposal is consistent with General Plan Policy LU-9 which encourages “the development of a broad range of commercial businesses and services in Alameda to provide for the diverse needs of the Alameda community and reduce the need to travel off-island to acquire goods and services. The project allows tenants and employees of nearby properties to receive beverage and food service at a local location instead of traveling across town to multiple locations. The project also is consistent with General Plan Guiding Policy LU-17 which encourages “reuse of existing structures to retain the structures embodied energy and reduce the generation of waste.” The proposed bar will reuse the commercial space in the building and is consistent with the general plan policy. Therefore, the project relates favorably to the General Plan.

 

PROPOSED CONDITIONS:

 

1.                     Approved Uses: The Use Permit approves, with conditions, a wine and beer bar within an approximately 900 square foot tenant space on the ground floor facing West Ranger Avenue.

 

2.                     Compliance with Regulations: The approved use is subject to, and shall comply with, all applicable City Ordinances and laws and regulations of other governmental agencies.

 

3.                     Compliance with Conditions. The applicant/property owner shall ensure compliance traffic to the area. Failure to comply with any condition may result in issuance of citation, and/or modification or revocation of the Use Permit approval.

 

4.                     Changes to Approved Plans. This approval is limited to the scope of the project defined in the project description and as depicted in Exhibit 1 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 shall be limited to the standard business hours of the Alameda Point - Adaptive Reuse District which is between 7:00 AM to 10:00 PM.

 

6.                     Vesting. The Use Permit approval shall expire two (2) years after the date of approval (November 4, 2026) 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 shall be subject to ministerial approval by the Planning Director and must be filed prior to the date of expiration.

 

7.                     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.

 

8.                     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.

 

PROPOSED CEQA DETERMINATION:

Environmental Determination: The project is exempt from further review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15183, tiering from the Alameda Point EIR.