Title
Public Hearing to Consider an Appeal of the Planning Board’s Decision to Approve Use Permit Amendment No. PLN25-0649 to Allow the Continued Use of an Outdoor Patio for Amplified Musical Entertainment at 1200 Park Street; and
Adoption of Resolution Upholding the Appeal of Use Permit Amendment PLN25-0649 and Modifying the Use Permit to Extend Pilot to Allow Outdoor Music Events Consistent with the Noise Ordinance on a 0.29-Acre Site at 1200 Park Street.
CEQA Determination: The City Council is considering this matter on appeal and depending on the action taken by City Council at the public hearing, it may adopt, modify, or overturn the initial CEQA determination or require some further action. The appealed Use Permit was originally determined to be categorically exempt from additional environmental review pursuant to CEQA Guidelines Sections 15301 (Existing Facilities) and 15183 (project consistent with General Plan and Zoning). (Planning, Building & Transportation 20962710)
Body
To: Honorable Mayor and Members of the City Council
From: Adam W. Politzer, Interim City Manager
EXECUTIVE SUMMARY
Park Station Tavern (“Park Station” or “Applicant”), located at 1200 Park Street, has operated under a use permit temporarily allowing for outdoor, amplified music three times per month. When the use permit was issued, the Planning Board required the business to return for review after six months of operation to determine whether the outdoor music was compatible with the neighborhood. During this time, the City of Alameda (City) received numerous noise complaints.
At the six-month review on February 23, 2026, the Planning Board heard extensive comments from those who were in favor and those who were opposed and placed additional restrictions on Park Station but still allowed limited outdoor performances for an additional trial period. The City received an appeal of this Planning Board decision on March 2. City Council is required to hold a public hearing to resolve this appeal.
Staff and the Planning Board have been working to find a compromise to accommodate economically vibrant uses such as Park Station, while not adversely impacting the residential neighborhood that is in close proximity to Park Street. Staff have been in conversations with both Park Station and the appellant, and recommend at this time upholding the appeal, thereby most likely restricting Park Station to acoustic performances outdoors and allowing continued indoor music performances so long as they also meet the noise ordinance standards.
Additionally, as part of efforts to address Park and Webster Street vacancies, staff has undertaken work to develop zoning ordinance changes to support the long-term vibrancy of Park and Webster Street, and staff recommends considering potential noise ordinance changes when this zoning item returns to City Council in Fiscal Year 2026-2027. This will allow the City to consider the larger implications of accommodating outdoor and amplified music for businesses and residents at that time.
Staff therefore recommends City Council hold a public hearing for the appeal of the Planning Board’s decision to approve Use Permit Amendment PLN25-0649 to allow outdoor amplified music events at 1200 Park Street, uphold the appeal and amend the Use Permit to further limit the outdoor musical entertainment to comply with the Noise Ordinance and General Plan. Staff also recommends the aforementioned review of the Noise Ordinance in general for Park and Webster Street. No further environmental review would be required.
BACKGROUND
On February 13, 2023, the Planning Board adopted Resolution PB-23-01 approving Design Review and Use Permit #PLN22-0412 for the “Park Station” tavern (Exhibit 1) located at 1200 Park Street in the Community Commercial (C-C) zoning district. In approving the Use Permit amendment, the Planning Board found that, as conditioned, the outdoor live music was a compatible use for the Park Street downtown commercial district. The Planning Board found the use consistent with General Plan Policy LU-10 which calls for the City to support, promote and enhance Park and Webster Streets as the City’s two iconic and vibrant historic “Main Streets” to provide Alamedans with a broad mix of retail stores, restaurants, entertainment, hospitality, personal and professional services. The decision to approve the outdoor entertainment use is consistent with previous approvals made by the Board and consistent with the City’s economic development strategy to include these types of entertainment uses in our downtown commercial district. In addition, the project is supported by General Plan Policy LU-8 Arts and Culture that encourages the development of arts, entertainment and cultural facilities that are both physically and financially accessible to all. The Park Station events provide an accessible location for local artists to perform. As conditioned, the Planning Board found the proposed use was consistent with the General Plan policies for economic development.
The site was previously used as a Big O tire and auto repair shop and had been vacant for several years. The site was subsequently renovated pursuant to a permit approved by the Planning Board. In addition to the tavern use, the Use Permit also granted approval for outdoor seating and outdoor music performances for a 6-month pilot period with conditions limiting the outdoor music events to a maximum of three days per month. Outdoor performances were allowed to take place on Fridays between 4:00 PM and 8:00 PM and on Saturdays between 2:00 PM and 8:00 PM for up to three hours per event, on a pilot basis, and could not exceed 85 decibels (dB). The applicant was required to return to the Planning Board after the sixth month of operation to report on the outdoor amplified music event operations and compliance with the required conditions of approval.
Park Station started operations in August of 2025 and during the first six months the facility was regularly hosting indoor and outdoor music events. The weekly scheduling is posted on their website and includes jazz and salsa music performances that take place indoors on Tuesday and Wednesday nights (not the subject of the use permit) and outdoor music performances that take place three times per month on Fridays and Saturdays as weather permits. These performances generated multiple complaints; two subsequent events were verified as violations of the noise limits established in the use permit.
On February 23, 2026, the Planning Board conducted the 6-month review of the use permit for the amplified music events. As part of the 6-month review, Park Station requested the Planning Board consider a Use Permit amendment to allow up to ten outdoor live music events per month on Fridays from 4:00 PM to 9:00 PM, Saturdays from 2:00 PM to 9:00 PM, and Sundays from 2:00 PM to 7:00 PM. The Applicant also requested to increase the noise limit to 90 decibels. During the public hearing, the Planning Board heard from public commenters with various levels of support and opposition to the project.
After considering all public testimony and written submittals, the Planning Board approved an extended pilot program to allow a maximum of four outdoor amplified music events per month on Fridays between 4:00 PM and 8:00 PM and on Saturdays between 2:00 PM and 8:00 PM, limited to three hours per event. To address noise concerns, the Planning Board included a condition requiring noise monitoring devices installed on site and sound dampening devices placed on drum instruments. Noise levels were required to be no higher than 85 decibels (dB) as measured diagonally across the intersection of Park Street and San Jose Avenue. (Exhibit 2)
As conditioned, the Planning Board found the proposed use is compatible with the community and surrounding development, subject to review in four (4) months to ensure compliance with the amended conditions of approval. The Planning Board found the project exempt from review under CEQA because the changes from the existing permit were considered minor and because the project was consistent with the General Plan policies for economic development.
On March 2, 2026, Rebecca Davis, attorney with Lozeau Drury LLP, filed a timely appeal of the Planning Board’s decision for Kevin Durfee (Appellant), who lives across the street from the project site. (Exhibit 3) The appeal emphasized its focus on the outdoor music: “To be clear, Mr. Durfee and his neighbors do not oppose the brewery, outdoor seating at the brewery, or even occasional music at Park Station. But CEQA requires the permitted noise level be analyzed and mitigated below significance, and the Alameda Municipal Code requires the noise generated by Park Station be compatible with the surrounding residential neighborhood.” The appeal and staff’s responses are provided in the Appeal Arguments section below. A response from the operators of Park Station was received on April 1, 2026, April 7, 2026, and April 8, 2026 (Exhibit 4).
DISCUSSION
Appeal Process
Alameda Municipal Code (AMC) Section 30-25 provides that any decision of the Planning Board may be appealed to the City Council by any person aggrieved or affected by any decision, determination or requirement. Appeals must be scheduled for a public hearing and decision by the City Council no later than the third regularly scheduled and held meeting following submittal of the appeal. The May 5, 2026, public hearing date is the third regularly scheduled City Council meeting following the appeal.
The City Council reviews the Planning Board’s decision de novo. This means that the City Council may consider the introduction of all pertinent material, including all documents constituting the administrative record and materials and testimony submitted subsequent to the Planning Board action. The required use permit findings are set forth in AMC Section 30-21.3; a proposed resolution is attached to this report.
At the hearing, any party or person may appear in person or by agent or attorney to provide testimony. City Council may reverse or affirm, in whole or in part, or may modify the decision of the Planning Board based upon evidence in support of or in opposition to the necessary findings.
Appeal Arguments
The appellant provided two main reasons for their appeal:
The Planning Board’s approval of the amended use permit constituted a failure to proceed in the manner required by law for two reasons. First, approving the amended permit without analyzing and mitigating the significant noise impacts associated with louder and more frequent concerts violates the California Environmental Quality Act (“CEQA”). Contrary to the Planning Board’s determination, the amended use permit does not qualify for an exemption from CEQA under Guidelines section 15301 (existing facilities exemption) or section 15183 (projects consistent with general plan). Because neither exemption applies, the City was required to analyze and mitigate the amended permit’s significant noise impact.
Second, the Project does not meet the standards for granting a use permit under Alameda’s municipal code. The use approved by the Planning Board, namely outdoor amplified music events with a maximum noise limit of 85 dBA, multiple times per month, does not favorably relate to surrounding residential neighborhood. The extremely loud amplification levels would be detrimental to nearby residents and create a nuisance. (See AMC section 30-21.3(a).)
Accordingly, appellant argued that rather than increase the noise limit and frequency of outdoor amplified music allowed at Park Station, the City should modify the existing use permit to limit and mitigate the noise to levels that comply with the City’s noise ordinance and do not have a significant impact on the surrounding community.
Appeal Argument #1 - Approval of the permit without analysis and mitigation of its significate noise impact violates CEQA. The appeal states the City must complete CEQA review before deciding whether to approve the amended use permit and argues that the CEQA Exemption adopted by the Planning Board (CEQA Guidelines Section 15301 and 15304) are not supportable. In particular, they argue that adding one event per month equates to a 33% increase in noisy activity and measuring the noise at a distance of 100 feet from the source effectively allows a four (4) dB increase in noise triggering further CEQA review.
Staff Response. Although the relative change in the activity level and measurement location could be argued to be minimal, staff now agrees that the noise ordinance and General Plan thresholds would be exceeded by the noise from the outdoor amplified music entertainment.(Exhibit 5) This conclusion is based on recent ambient noise readings taken with more sophisticated equipment following the Planning Board meeting. Because the outdoor live music violates the noise ordinance, it is difficult to find the project exempt from CEQA and further environmental review would be needed for such exceedances. Staff recommends evaluating possible amendments to the regulations to provide for more opportunities for outdoor music, subject to further review in coordination with efforts to update the zoning ordinance for Park and Webster Streets. If City Council were to uphold the appeal, the use permit would be modified to comply with the Noise Ordinance at all times which is also consistent with the General Plan EIR and CEQA Guidelines section 15183 (see CEQA discussion below).
Appeal Argument #2 - The application does not meet the standards for granting an amended use permit. The appeal states the City has no evidence to support its findings that the use permit “will not adversely affect other property in the vicinity” or that “the proposed use would not have a negative impact upon the surrounding properties.”
Staff Response. The Planning Board determined that the limitations on the number of events per month, the limitations on the hours of the events, conditions requiring sound monitoring and noise mitigating devices, as well as limiting the approval for a 4-month trial period would minimize adverse effects on other property in the vicinity. City Council could uphold the Planning Board determinations, or find the project is not compatible with the surrounding neighborhood or impose different conditions of approval to make the project conform. Given that amplified music played outdoors most likely violates the noise ordinance, staff recommends the City Council amend the Use Permit to permit only outdoor music that complies with the noise ordinance, which most likely means that amplified music would not be permitted, but acoustic music could potentially be acceptable and remain under the decibel levels in the noise ordinance.
Applicant’s Alternative Proposals
In their April 1, 2026, correspondence, the applicants provided an alternative proposal to allow outdoor amplified live music one day per week on Saturdays with one band between 1:00 PM - 7:30 PM, limited up to three (3) hours per event plus one hour for sound check and a maximum sound level of 85 dB.
In their April 7, 2026, correspondence, the applicants provided another alternative proposal:
• Adopt a noise standard consistent with comparable local practice (e.g., Berkeley): cap amplified sound at 15 dBA above ambient measured at a specified distance, which for Park Station could translate to a maximum of 85 dBA at 50 feet from the sound source given typical ambient levels.
• Identify the nearest residential measurement location as 2414 San Jose Avenue for compliance monitoring.
• Engage independent acoustical consultant Salter, Inc. to collect and analyze noise data and recommend mitigation if measured levels exceed municipal limits. Salter’s field work is scheduled for April (first available date April 11, weather permitting); results will be submitted as a supplement.
In their April 8, 2026, correspondence, the applicant stated:
• We wish to formally dispute the issued noise violations in connection with our permitted outdoor live music. Our use permit authorizes outdoor live music not to exceed 85 dBA, with measurements to be taken at the nearest residential property.
• Based on the information provided by the responding officer/inspector and our own review, we believe the citations are invalid because the sound measurements were taken at commercial buildings located at 1198 Park Street (Parcel 70-181-1; Commercial Use Code 3200) and 1203 Park Street (Parcel 71-207-11; Commercial Use Code 3200) instead of the nearest residential property, as required.
Staff Response. No further data has been provided by the applicant as of the publication of this report. The proposals for modified days of operation would retain the 85 dB limit, which is not recommended by staff because it exceeds the ambient noise levels as more recently measured and is not compatible with surrounding residential uses under the current noise ordinance. No formal citations were issued and the code enforcement case is closed pending the outcome of the appeal hearing and the determination of noise limits to be imposed on the business.
Conclusion
Staff recommends City Council hold a public hearing for the appeal to the Planning Board’s decision to approve Use Permit Amendment PLN25-0649 to allow outdoor amplified music events at 1200 Park Street.
Staff further recommends City Council uphold the appeal and amend the Use Permit to further limit the outdoor musical entertainment to comply with the Noise Ordinance and General Plan. The alternatives available to the City Council include reversing or affirming, in whole or in part, or otherwise modifying the decision of the Planning Board.
Staff also recommends revisiting the noise ordinance itself as part of staff’s efforts to bolster the vitality of Park and Webster Streets for businesses through an update to the zoning ordinance, as there are times when amplified music is appropriate while ensuring adjacent residential neighborhoods are not adversely impacted.
ALTERNATIVES
City Council may, so long as such action is in conformity with other regulations, reverse or affirm, in whole or in part, or may modify the order, requirement, decision, or determination of the Planning Board and may make such order, requirement, decision, or determination as is appropriate.
FINANCIAL IMPACT
The appellant has paid the appeal fees which cover staff’s time and materials to conduct the appeal hearing.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
The particular use is consistent with many Alameda General Plan Land Use Element goals and policies. Land Use Element LU-10 calls to “promote and enhance Park and Webster Streets as the City’s two iconic and vibrant historic “Main Streets” to provide Alamedans with a broad mix of retail stores, restaurants, entertainment.” The outdoor seating is also consistent with General Plan Health and Safety Policy HS-7.b which calls “to make public and private space, such as public streets, parking lots and sidewalks available to accommodate physical distancing such as through outdoor dining.” The use also supports Goal 2 of the Land Use Element to “strengthen and diversify the Alameda business community and economy.” The outdoor amplified music, without further sound mitigation measures, is inconsistent with the City’s noise ordinance.
This action is subject to the Levine Act.
ENVIRONMENTAL REVIEW
If the project is conditioned on compliance with the Noise Ordinance by creating no measurable noise difference from the ambient level in the immediate area and with the General Plan standard of significance, i.e. no more than a 4 dB increase in average daily noise level, than this project is categorically exempt from the CEQA pursuant to CEQA Guidelines Sections 15301 - operation, permitting or leasing of existing private structures involving negligible or no expansion of use beyond that which exists. None of the exceptions to the categorical exemptions would apply. Similarly, if City Council upholds the appeal and denies the expanded pilot program, the project is not subject to CEQA because CEQA does not apply to project denials. Finally, if the City Council were interested in expanding the pilot, staff recommends that City Council direct staff to explore amending the City’s noise ordinance with the requisite level of environmental review (possibly a focused Environmental Impact Report (EIR)).
CLIMATE IMPACT
The project is consistent with the regional sustainability plans and the City’s climate action policies and local Climate Action and Resiliency Plan (CARP) by providing adaptive reuse of an existing commercial property within the transit-oriented Park Street commercial district. The project also supports the Zero Waste initiatives of the CARP by providing composting and recycling collection on site. In addition, the project provides bike racks to encourage alternative modes of transportation to reduce greenhouse gas emissions.
RECOMMENDATION
Hold a public hearing to consider an appeal of the Planning Board’s decision to approve use permit amendment No. PLN25-0649 to allow the continued use of an outdoor patio for amplified musical entertainment at 1200 Park Street; and adoption of resolution upholding the appeal of use permit amendment PLN25-0649 and modifying the use permit to extend pilot to allow outdoor music events consistent with the Noise Ordinance.
Respectfully submitted,
Abigail Thorne-Lyman, Acting Planning, Building & Transportation Director
By,
Steven Buckley, Planning Services Manager
Henry Dong, Planner III
Financial Impact section reviewed,
Ross McCarthy, Finance Director
Exhibits:
1. Existing Use Permit PB-23-01
2. Planning Board Resolution PB-26-01
3. Appeal Letter
4. Park Station Response
5. General Plan and Noise Ordinance Provisions