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PLN15-0131 - 2210 South Shore Center, Unit D - Applicant: Sean and Peri Gabriel. Applicant seeks the approval of a Use Permit and determination of public convenience or necessity to allow on-premises sale of beer and wine as an accessory use at an art studio. The sale of alcoholic beverages will be limited to only the participants of studio classes. The on sale of beer and wine requires issuance of a Type 42 License from the California Department of Alcoholic Beverage Control (ABC).
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CITY OF ALAMEDA
COMMUNITY DEVELOPMENT DEPARTMENT
ADMINISTRATIVE USE PERMIT
ITEM NO: 3-A
PROJECT
DESCRIPTION: PLN15-0131 - 2210 South Shore Center, Unit D - Applicant: Sean and Peri Gabriel. Applicant seeks the approval of a Use Permit and determination of public convenience or necessity to allow on-premises sale of beer and wine as an accessory use at an art studio. The sale of alcoholic beverages will be limited to only the participants of studio classes. The on sale of beer and wine requires issuance of a Type 42 License from the California Department of Alcoholic Beverage Control (ABC).
GENERAL PLAN: Community Commercial
ZONING: C-2, Central Business District
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.
ATTACHMENTS: 1. Project Plans
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 application PLN15-0131 with conditions based on the findings contained in this report.
PROPOSAL:
The proposal is for an administrative use permit and determination of public convenience or necessity, required by the California Department of Alcoholic Beverage Control (ABC), to allow on-premises sale of beer and wine as an accessory use at Pinot's Palette, a painting studio that will offer painting instruction classes within the Alameda South Shore Center shopping center. These classes will have a maximum of 48 participants, and are held between the hours of 7:00 p.m. and 9:00 p.m. on Wednesdays and Thursdays and 7:00 p.m. and 10:00 p.m. on Fridays and Saturdays. Additionally, Pinot Palette's will also offer private parties to groups of 15 to 48 participants between the hours of 10:00 a.m. and 10:00 p.m. and when the space is not being used for a class. During classes and private parties Pinot's Palette will serve beer, wine, soda, water and coffee, which will only be served to participants of the classes and private parties. ABC determined there is an "undue concentration" of Type 42 licenses in the project site's census tract, and requires the City make a determination of public convenience or necessity prior to issuance of a liquor license.
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 project is located within the Alameda South Shore Center. The proposed sale of alcoholic beverages for on-site consumption is compatible with the commercial nature of the shopping center, and this accessory use at an art studio will not adversely affect surrounding development. The Central Business zoning district is intended to provide a variety of retail and personal services, including art establishments as well as those that serve alcohol.
2. The proposed use will be served by adequate transportation and service facilities including pedestrian, bicycle and transit facilities.
The existing shopping center is already served by adequate transportation facilities, and the addition of on-premises alcoholic beverage sales will not generate significant traffic. Given the limited nature of the proposed accessory use, it is unlikely that there will be a large influx of additional customers solely due to the provision of alcoholic beverages as part of painting classes.
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 business operates daily between 10:00 a.m. to 10:00 p.m., with the majority of business being through painting classes conducted between 7:00 p.m. to 9:00 p.m. Wednesday and Thursday, and 7:00 p.m. to 10:00 p.m. Friday and Saturday. The on-premises sale of alcoholic beverages will be accessory to the painting studio classes and private parties, and will only be served to participants in the classes or private parties. The accessory sale of alcoholic beverages for on-premises consumption will be conducted in compliance with all conditions upon which approval is made contingent, including compliance with all ABC training requirements and regulations, so the activity will not adversely affect properties in the vicinity.
4. The proposed use relates favorably to the General Plan.
The site is located within an area designated by the General Plan as Community Commercial. The proposed use is consistent with this land use designation and Guiding Policy 2.5.a, which calls for "providing enough retail services to enable Alameda to realize its full retail sales potential and provide residents with the full range of business and services."
5. The issuance of the Public Convenience or Necessity determination to allow a license to sell beer and wine for on-premises consumption at the proposed location will not be detrimental to the surrounding area and will serve a public convenience or necessity by providing an accessory service to a unique commercial use.
The project site is located within the existing South Shore Shopping Center, which is regarded as a primary destination for both Alamedans and customers from a larger trade area for goods and services. A painting studio that offers instructional classes as a service to the public or as part of a private party is a unique commercial use that will attract interest on its own and complement other businesses in the South Shore Shopping Center. The accessory sale of beer and wine, along with other non-alcoholic beverages, for on-premises consumption is a convenience to participants of the classes and parties. Although according to ABC the subject site is located within a census tract with "undue concentration" of liquor licenses, the negative effects normally associated with the over-concentration of businesses selling alcohol within a particular geographic area, including increased crime, loitering, etc., are not evident within the South Shore Shopping Center. The accessory sale of alcoholic beverages for on-premises consumption will be conducted in compliance with all conditions upon which approval is made contingent, including compliance with all ABC training requirements and regulations, so the activity will not adversely affect properties in the vicinity.
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 layout of the tenant space shall be in substantial compliance with the floor plan prepared by Sean and Peri Gabriel, received on March 25, 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. Alcohol Sales: The permittee and all employees selling alcohol, or directly supervising such sales, shall complete a course in Responsible Beverage Sales and Service (RBSS) through the ABC within six (6) months of employment at the establishment. Employees who have completed the course within the last five (5) years shall be exempt from this requirement. The applicant shall obtain all required permits from the ABC prior to operating the component of their business that includes alcohol.
5. Expiration: This Use Permit allows for accessory sales of beer and wine for on-site consumption at Pinot's Palette at 2210 South Shore Center, Unit D. This Use Permit shall expire and terminate immediately upon a change of use on the property where the premises no longer operates as an art studio.
6. 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.
7. Vesting: The Use Permit and Design Review approval shall expire two (2) years after the date of approval or by April 21, 2017 unless authorized 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.
8. 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.
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: April 21, 2015
Andrew Thomas
Zoning Administrator