Title
PLN15- 0230 - 2501 Monarch Street - Applicant: Faction Brewing Co. The applicant requests to modify an existing Use Permit to expand the existing outdoor patio onto a new wood deck raised 14 inches from grade and 40’ 6” by 91’ 3” in area. The deck will have a 30” high border with planter boxes to be planted with low-growing succulents. The applicant also requests to establish a customer ‘overflow patio’ area at grade to the west by moving the existing parking area to the north, providing 18 additional parking spaces. The entire fenced outdoor customer area will be 132’ 8” by 104’ 7”. The request includes having a food truck vendor onsite during regular tasting room hours. No changes are proposed to the building which is a contributing structure to the NAS Historic District. The building is also located within the “buffer” zone required by the Biological Opinion, which established criteria for the protection of the endangered California Least Tern. The Least Tern nesting area is approximately 1,865 feet from the site.
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CITY OF ALAMEDA
COMMUNITY DEVELOPMENT DEPARTMENT
ADMINISTRATIVE USE PERMIT
ITEM NO: 3-B
PROJECT
DESCRIPTION: PLN15- 0230 - 2501 Monarch Street - Applicant: Faction Brewing Co. The applicant requests to modify an existing Use Permit to expand the existing outdoor patio onto a new wood deck raised 14 inches from grade and 40’ 6” by 91’ 3” in area. The deck will have a 30” high border with planter boxes to be planted with low-growing succulents. The applicant also requests to establish a customer ‘overflow patio’ area at grade to the west by moving the existing parking area to the north, providing 18 additional parking spaces. The entire fenced outdoor customer area will be 132’ 8” by 104’ 7”. The request includes having a food truck vendor onsite during regular tasting room hours.
No changes are proposed to the building which is a contributing structure to the NAS Historic District. The building is also located within the “buffer” zone required by the Biological Opinion, which established criteria for the protection of the endangered California Least Tern. The Least Tern nesting area is approximately 1,865 feet from the site.
GENERAL PLAN: Mixed Use
ZONING: AP-AR, Alameda Point Adaptive Reuse
ENVIRONMENTAL
DETERMINATION: Categorically Exempt from State CEQA Guidelines, Section 15301 - Existing Facilities.
PROJECT PLANNER: Deborah Diamond, Project Planner
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.
ATTACHMENTS: 1. Site Plan
ECOMMENDATION: Approve the project with conditions.
BACKGROUND: Faction Brewery was established in Building 22 at Alameda Point on October 16, 2012, through Use Permit PLN12-0259. Since its opening the beer tasting operation has become quite popular so that the seating areas at times are no longer large enough to accommodate customers. To better serve its customers and to avoid them spilling out into the existing parking area, the applicant proposes moving the parking to the north and expanding the outdoor customer area to the west.
FINDINGS:
1. The project is Categorically Exempt from State CEQA Guidelines, Section 15301 - Existing Facilities in that the project involves only minor alteration on a property that has an existing structure. The proposed changes are also consistent with the Secretary of Interior Standard for Rehabilitation of Historic Resources and the U.S. Fish and Wildlife Service Biological Opinion for the protection of the California Least Tern.
2. The location of the proposed use is compatible with other land uses in the general neighborhood area, and the project design and size are architecturally, aesthetically, and operationally harmonious with the community and surrounding development.
The outdoor uses and structures, as conditioned, will favorably relate to other properties and uses in the vicinity by increasing commercial activity at Alameda Point. The project design includes no modifications to the existing building and construction of a raised deck with planter boxes will improve the visual appearance while not impacting the endangered Least Tern colony.
3. The proposed use will be served by adequate transportation and service facilities, including pedestrian, bicycle and transit facilities.
The property is fully developed with ample areas for parking and bicycle parking. Transit services are available.
4. 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 deleterious effects on existing business districts or the local economy.
Conditions of approval will ensure that the business activities will not adversely affect the Historic District or the endangered species. The business activities will have a positive impact on existing and future businesses at Alameda Point by drawing more visitors to the area. The brewery and beer tasting use complement existing wine-making and distillery uses along “Spirits Alley” on Monarch Street.
5. The proposed use relates favorably to the General Plan.
The General Plan designation for this parcel is Mixed Use, and General Plan policies encourage manufacturing and other job generating uses at Alameda Point. Specifically, policy 9.2.n supports creating outdoor gathering spaces.
CONDITIONS:
1. Compliance with Plans. Any modification on this site shall be in substantial compliance with the plans dated July 20, 2015, by SLM, on file in the City of Alameda Community Development Department, except as modified by the conditions listed in this report.
2. Supersedes Previous Use Permit. This Administrative Use Permit incorporates and supersedes the previous Administrative Use Permit issued under PLN12-0259 on October 16, 2012.
3. Limitations of Use. This Use Permit is for brewery operations, beer tasting and onsite food sales by food truck vendors. The hours of operation for beer tasting and food truck vending may be between 11 A.M to 10 P.M. Tuesdays through Sundays.
4. Building Permits: Building Permit plans shall incorporate this approval notice, including the conditions of approval.
5. Exterior Lighting. No new exterior lighting shall be allowed without review and approval of the Community Development Department.
6. Least Tern Predator Management. Pursuant to the August 29, 2012 Biological Opinion of the U.S. Fish and Wildlife Service, no new buildings, light posts, vegetation greater than 4 feet in height, landscape turf, or other structures greater than 4 feet in height shall be constructed in this area without prior approval from the U.S. Fish and Wildlife Service.
7. Noise. Any amplified sound shall not be audible from the adjacent properties. During the Least Tern season, April 1 to August 15, no amplified sound shall be allowed on the outdoor seating area that is audible from the western boundary of the property. The applicant shall also comply with the established City noise standards.
8. Special Event Permits. Special events that involve activities that are beyond the scope of the regular business activities shall require approval of a Special Event Permit. Additional conditions regarding traffic control, security or other public welfare and safety issues may be added through the Special Event Permit process.
9. Food Truck Vendors. Food Truck Vendors may operate onsite with the following requirements:
a. Proof of permits and fees:
1) Vender must obtain a City Business License, based on the same classification as restaurants.
2) Vendor must provide proof of insurance and valid CA driver’s license.
3) Vendor must provide proof of a valid health permit from the Alameda County Health Department.
4) Vendor is required to obtain a hazardous materials permit when quantities of propane are equal to or exceed ten (10) gallons.
b. Site requirements for off-street locations:
1) Vendor must specify and be limited to a specific address at which vending of food will occur.
2) Vendor must be stationary for a minimum of two (2) hours. No trolling allowed.
3) Vendor will be required to provide proof of agreement from the business owner.
10. Additional Improvements.
a. All exterior changes to the building, including changes in paint color, shall be subject to review and approval of the Community Development Department, to ensure consistency with the NAS Historic District character defining features.
b. Any substantial changes to the site plan shall be submitted to the Community Development Department for review and approval prior to construction.
c. Any doors, windows or other minor features removed from the building must be stored on site.
11. 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.
12. Vesting. The Use Permit approval shall expire two (2) years after the date of approval or by September 1, 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.
13. 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.
PUBLIC WORKS DEPARTMENT CONDITIONS:
1. Urban Runoff / Stormwater Requirements:
a. Applicant must ensure that no pollutants, including food waste/grease, liquid wastes, garbage/debris, litter, and/or other materials, are discharged to the City’s storm drain system (including roadways and storm drains), or the paved use areas or wind-dispersed off-site.
b. Applicant will be required to pick up, remove, and dispose of all garbage, refuse or litter consisting of foodstuffs, wrappers, and/or materials dispensed, and any residue deposited on the street and the paved use areas from the operation thereof, and otherwise maintain in a clean and debris-free condition the entire area within a 25-foot radius of the location where food vending is occurring.
c. Applicant will be required to pick up, remove and properly dispose of all wastes, debris and trash from the use site daily.
d. Applicant shall use best management practices and dry methods of cleaning to prevent accumulation or discharge of any materials to the City’s storm drain system (including roadways and storm drains) and the paved use areas.
e. Applicant shall ensure that any wash water from surface cleaning activities shall be collected and discharged to the sanitary sewer system and shall implement surface cleaning best management practices described in the Bay Area Stormwater Management Agencies Association (BASMAA) “Pollution From Surface Cleaning” guidance document.
2. Integrated Waste Requirements:
a. Applicant shall provide customers sufficient garbage, recycling, and organic collection receptacles.
b. All garbage facilities shall be secured within the building or within a fenced area protected from access by raccoons or other potential Least Tern predators. In no circumstances will uncovered garbage, grain, refuse or other edible materials be placed outside the building in an open bin or can.
c. Applicant shall place graphically rich signs or labels on or adjacent to containers so customer discards are more thoughtfully sorted.
d. All receptacles shall be covered or secured when operations are closed. Applicant will discourage the scavenging of bottles and cans from use area.
e. Applicant understands that disposable food service ware that uses polystyrene foam (aka Styrofoam™) is prohibited within jurisdictional limits.
f. Use of City waste receptacles is prohibited.
Environmental Determination
The Zoning Administrator has determined that this project is Categorically Exempt from environmental review, pursuant to the CEQA Guidelines Section 15301.
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: September 1, 2015___
Andrew Thomas, Zoning Administrator