Title
PLN16-0299 - 630 Central Avenue - Administrative Use Permit - Applicant: John Ngu. A public hearing to consider a Use Permit to add an outdoor dining patio at the rear of an existing restaurant building and to construct an outdoor trash enclosure and storage area on the side of the building. Pursuant to AMC Section 30-4.9A.c.1.b, a Use Permit is required for uses not conducted within an enclosed structure. The property is located within a C-C PD, Community-Commercial Planned Development Zoning District. This project qualifies for a categorical exemption under Section 15301(a) of the California Environmental Quality Act Guidelines, which exempts the operation, permitting, or leasing of existing private structures involving negligible or no expansion of use beyond that which exists from further environmental review.
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CITY OF ALAMEDA
COMMUNITY DEVELOPMENT DEPARTMENT
ADMINISTRATIVE USE PERMIT
ITEM NO: 3-E
PROJECT
DESCRIPTION: PLN16-0299 - 630 Central Avenue - Administrative Use Permit - Applicant: John Ngu. A public hearing to consider a Use Permit to add an outdoor dining patio at the rear of an existing restaurant building and to construct an outdoor trash enclosure and storage area on the side of the building. Pursuant to AMC Section 30-4.9A.c.1.b, a Use Permit is required for uses not conducted within an enclosed structure. The property is located within a C-C PD, Community-Commercial Planned Development Zoning District. This project qualifies for a categorical exemption under Section 15301(a) of the California Environmental Quality Act Guidelines, which exempts the operation, permitting, or leasing of existing private structures involving negligible or no expansion of use beyond that which exists from further environmental review.
GENERAL PLAN: Community Commercial
ZONING: C-C PD, Community Commercial Planned Development District
PROJECT PLANNER: Allen Tai
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.
EXHIBITS: 1. Project Plans
RECOMMENDATION: Approve Administrative Use Permit application PLN16-0299 based on the findings in this report.
BACKGROUND: On June 2, 2016, the applicant filed an application for a Use Permit to allow an approximately 523-square-foot outdoor patio behind a restaurant building at 630 Central Avenue. Also proposed is the addition of a 192-square-foot trash enclosure storage on the rear side of the building. The premises last operated as a Fosters Freeze fast-foot restaurant until it closed in 2015. The current proposal consists of primarily of interior tenant improvements to convert the fast-food facility to a sit-down restaurant.
The subject property is zoned C-C PD, Community Commercial Planned Development District. Pursuant to AMC Section 30-4.9A.c.1.b, a use permit is required for uses not conducted within an enclosed structure.
The Use Permit findings can be made, as follows:
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 addition of an outdoor patio and trash storage for the existing restaurant serves to enhance the Webster Street business area by extending the pedestrian-friendly use and enhancing the vibrant community ambiance, and is operationally harmonious with the community and surrounding development.
2. The proposed use will be served by adequate transportation and service facilities, including pedestrian, bicycle and transit facilities. The site is an existing commercial property that is adequately served by existing public parking, sidewalks, and bicycle racks. The project site is served by AC Transit bus routes 51A on Webster Street, which stop approximately a half a block from the site. The proposed outdoor dining patio and trash storage would not change the intensity, type or location of the business.
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 patio and trash/storage area would improve the service capacity of the existing restaurant building that has been a neighborhood establishment for many years without creating problems. These additional uses are incidental to the restaurant function and will not generate adverse impacts on the surrounding neighborhood.
4. The proposed use relates favorably to the General Plan. The General Plan designates this area as “Community Commercial,” and the General Plan policies for the commercial business district overall supports functions that maintain and enhance existing neighborhood business districts for business (Policy 2.5.a). Furthermore, Policy 2.5.d calls for supporting and promoting Webster Street’s dining experience, and the proposed outdoor dining patio is consistent with this policy because outdoor dining is a desired amenity that would revitalize a vacant restaurant space and add to the variety of services available in the Webster Street business district.
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 modification or revocation of the Permit.
2. Compliance with Plans. Any modification on this site shall be in substantial compliance with the Use Permit application plans prepared by Daniel Hoy, stamped received on June 2, 2016, on file in the City of Alameda Community Development Department, except as modified by the conditions listed in this report.
3. Approved Uses: This Use Permit approves an approximately 523-square-foot outdoor patio on the rear of the existing restaurant building, and a 192-square-foot trash/storage enclosure on the side of the building facing McKay Avenue.
4. Hours of Operation: The restaurant and outdoor patio may operate be between 7:00 A.M. to 10:00 P.M., daily, as set forth in the C-C zoning district regulations.
5. Changes to Approved Plans: This approval is limited to the scope of the project defined in the project description 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 Community Development Department for review and approval.
6. Sign Permit: The applicant must apply for and obtain approval for a Sign Permit before installing permanent business signage.
7. Noise: Use of the outdoor patio shall be subject to the City of Alameda Noise Ordinance.
8. Vesting: The Use Permit approval shall expire two (2) years after the date of approval or by June 21, 2018 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.
9. 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.
10. 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
Environmental Determination: The Zoning Administrator has determined that this project qualifies for a Class 1 Categorical Exemption and no additional environmental review is necessary pursuant to CEQA Guidelines Section 15301 - Existing Facilities because the project consists of permitting a use in an existing private structures involving negligible or no expansion of use beyond that which exists.
Use Permit: The Zoning Administrator hereby 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: June 21, 2016___