Title
PLN15-0017 - 1901 Webster Street - Applicant: MBH Architecture. Applicant seeks the approval of exterior design and material modifications to an existing restaurant building (Burger King) for a new prospective tenant (Peet's Coffee & Tea). Applicant also seeks approval of an Administrative Use Permit to allow an outdoor seating patio, and business operations between 5:30 AM to 10:00 PM Monday through Saturday, and 5:30 AM to 9:00 PM on Sundays. The standard business hours in the Community Commercial (C-C) zoning district are 7:00 AM to 10:00 PM.
Body
CITY OF ALAMEDA
COMMUNITY DEVELOPMENT DEPARTMENT
DESIGN REVIEW & ADMINISTRATIVE USE PERMIT
ITEM NO: 3-A
PROJECT
DESCRIPTION: PLN15-0017 - 1901 Webster Street - Applicant: MBH Architecture. Applicant seeks the approval of exterior design and material modifications to an existing restaurant building (Burger King) for a new prospective tenant (Peet's Coffee & Tea). Applicant also seeks approval of an Administrative Use Permit to allow an outdoor seating patio, and business operations between 5:30 AM to 10:00 PM Monday through Saturday, and 5:30 AM to 9:00 PM on Sundays. The standard business hours in the Community Commercial (C-C) zoning district are 7:00 AM to 10:00 PM.
GENERAL PLAN: Community Commercial
ZONING: C-C, Community Commercial
ENVIRONMENTAL
DETERMINATION: Categorically exempt from State CEQA Guidelines, Section 15301 - Existing Facilities.
PROJECT PLANNER: David Sablan, Planner I
PUBLIC NOTICE: A public notice was mailed to property owners and residents within 300 feet of the project site, published in local newspapers and posted in public areas near the subject property. Electronic copies of the plan were provided to the West Alameda Business Association.
EXHIBIT: 1. Plan Set
RECOMMENDATION: Find that the project will not cause significant adverse impacts to the environment, and is Categorically Exempt under State CEQA Guidelines, Section 15301. Approve Administrative Use Permit and Design Review application PLN15-0017 with conditions based on the findings contained in this report.
PROPOSAL:
The proposal is for both design review approval and a conditional use permit. The design review proposal is to remodel the exterior design and materials of an existing fast food restaurant with a drive through. All four elevations of the building will be incorporated in the redesign. The existing solarium located on the southern portion of the building will be removed and the applicant proposes an outdoor seating area to be covered by a wooden trellis in its place. The applicant requests approval of a conditional use permit to allow for the operation of the outdoor seating area and to allow business operations between 5:30 AM and 7:00 AM on a daily basis.
FINDINGS:
A. Design Review
1. The proposed design is consistent with the General Plan, Zoning Ordinance, and the City of Alameda Design Review Manual.
The proposed redesign will change the architectural style of the building to Modern architecture. The redesign is consistent with the Modern architecture guidelines established within the Citywide Design Review Manual. The proposed exterior of the building will utilize a mix of materials, including Corten steel, reclaimed wood and stucco. The roof will be flat, feature articulation in height and be topped with a parapet band.
2. The proposed design is appropriate for the site, is compatible with adjacent or neighboring buildings or surroundings, and promotes harmonious transitions in scale and character in areas between different designated land uses.
The redesign maintains a pedestrian oriented main entrance on Webster Street, which will separate pedestrian traffic on Webster Street from the parking lots of the project site and adjacent motel. The proposed design maintains the original size, massing, and roof height articulation of the existing building. The change in building materials is an improvement to the aesthetic value of the existing fast food building.
3. The proposed design of the structure and exterior materials and landscaping are visually compatible with the surrounding development, and design elements have been incorporated to ensure the compatibility of the structure with the character and uses of adjacent development.
The redesign will eliminate the sloped wood shingle parapet around the southern half of the building, and will utilize a flat roof with a short stucco band as a parapet. Webster Street between Pacific Avenue and Atlantic Avenue features a mix of flat roof and slopped wood shingle parapets, the use of the flat roof on the project site would be compatible with the neighboring buildings. The exterior materials are a mix of stucco, cordoned steel and reclaimed wood, which are compatible with the exterior materials of the neighboring buildings.
B. Use Permit
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 existing commercial property is located at 1901 Webster Street and is designated as Community Commercial. The Community Commercial district emphasizes a variety of retail, restaurant, and personal services uses serving the Alameda community. The surrounding properties are also within the Community Commercial district. There are no nearby residences that could be impacted by noise generated from an outdoor seating area. The site has been designed to locate the outdoor seating area so as to not impact neighboring properties, as well as clearly delineate the outdoor seating area to protect the business' patrons and neighbors. The project and its open patio reinforces goal of establishing pedestrian-oriented character in the C-C zoning district.
2. The proposed use will be served by adequate transportation and service facilities including pedestrian, bicycle and transit facilities.
The location of the coffee shop is fully developed and does not require additional off-street parking facilities. The building will maintain its main entrance on Webster Street for pedestrian traffic. The site is located on Webster Street near Atlantic Ave, which is currently served by AC Transit bus routes, O, W, 20, 31 and 51A. As condition of approval the project will provide bicycle parking as required by Alameda Municipal Code Section 30-7.15.
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 outdoor seating area will not affect the surrounding properties, hurt existing business districts or the local economy. The outdoor seating patio is clearly delineated and separated from the activities of neighboring businesses and the public right of way. Currently there are businesses located along Webster Street that operate before 7:00 AM. The granting of the Administrative Use Permit for business operations before 7:00 AM would enhance the Webster Street business district.
4. The proposed use relates favorably to the General Plan.
The General Plan designates this area as "Community Commercial" with uses that may be open before 7:00 AM with a Use Permit. Furthermore, the addition of outdoor seating and allowing business operations before 7:00 AM supports and promotes Webster Street as the shopping, dining, entertainment, and community service center for present and future residents west of the West End (LU 2.5.d) by providing additional amenities, an outdoor seating area and early morning business operations, on Webster Street.
COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS:
1. Compliance with Conditions: The applicant/property owner shall ensure compliance with all of the following conditions. Failure to comply with any condition may result in construction being stopped, issuance of citation, and/or modification or revocation of the Permit.
2. Plans: The plans submitted for building permit and construction shall be in substantial compliance with plans prepared by MBH Architects, received on January 13, 2015 and on file in the office of the City of Alameda Community Development Department, except as modified by the following conditions.
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.
4. Hours of Operation: The hours of operation on Monday through Friday shall be limited to the hours between 5:30 AM to 10:00 PM.
5. Signs: The applicant must obtain a City Sign Permit before installing permanent business signage, including window signs.
6. Bicycle Racks. Prior to issuance of a Certificate of Occupancy for the subject business, the applicant shall install two (2) bicycle racks in an appropriate location within close proximity to the business, as determined by the Public Works Director.
7. Waste, Recycling, and Composting: The establishment shall recycle cans or bottles that area subject to the State of California Container Deposit Law and comply with all local, state, and regional laws requiring sour-separation of waste material for recycling and composting.
8. Landscaping: Applicant/property owner shall propose an alternative noninvasive species of ground cover different from Mexican Feather Grass (Stipa tenuissima) subject to approval by the Community Development Department.
9. Landscaping Changes: Any future changes to the landscaping along Webster Street elevation shall be compliant with Bay Friendly Landscaping Guidelines and include plant species of sufficient height ot provide visual relief along sections of Corten steel and reclaimed wood walls.
10. Revocation: The Zoning Administrator, Planning Board and/or City Council shall have the authority to modify or revoke this entitlement upon finding that the maintenance or operation of the proposed establishment violates any of these conditions or is detrimental to persons residing or working in the neighborhood, to property and improvements in the neighborhood or to the general welfare of the City. Odors noise and exterior lighting shall be controlled so as to prevent verified complaints from the surrounding neighborhood. This shall include noise created by employees working on the premises before or after patrons arrive.
11. Vesting: The Use Permit and Design Review approval shall expire two (2) years after the date of approval or by February 10, 2017 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.
12. 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
DECISION:
Environmental Determination:
The Zoning Administrator has determined that this project does not involve a significant expansion of an existing use and will not have a significant effect on the environment. This project is a class 1 Categorical Exemption and no additional environmental review is necessary pursuant to CEWA Guidelines Section 15301(a) - operation, permitting, or leasing of existing private structures involving negligible or no expansion of use beyond that which exists.
Use Permit
The Zoning Administrator approves the Use Permit with conditions.
Design Review
The Zoning Administrator approved the Design Review application 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: ___
Zoning Administrator