Title
PLN18-0178 - 1130 Ballena Boulevard- Applicant: Elizabeth Freitas. A public hearing to consider an amendment to Administrative Use Permit No. PLN15-0594 to relocate an existing business to a different retail space within the same lot. An existing convenience store and coffee shop with outdoor seating and off-site beer and wine sales located at 1120 Ballena Boulevard will relocate to 1130 Ballena Boulevard. The property is located within the C-M-PD, Commercial Manufacturing - Planned Development zoning district
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CITY OF ALAMEDA
COMMUNITY DEVELOPMENT DEPARTMENT
ADMINISTRATIVE USE PERMIT
ITEM NO: 3-A
PROJECT
DESCRIPTION: PLN18-0178 - 1130 Ballena Boulevard- Applicant: Elizabeth Freitas. A public hearing to consider an amendment to Administrative Use Permit No. PLN15-0594 to relocate an existing business to a different retail space within the same lot. An existing convenience store and coffee shop with outdoor seating and off-site beer and wine sales located at 1120 Ballena Boulevard will relocate to 1130 Ballena Boulevard. The property is located within the C-M-PD, Commercial Manufacturing - Planned Development zoning district8.
GENERAL PLAN: Commercial Recreation
ZONING: C-M-PD, Commercial Manufacturing - Planned Development
ENVIRONMENTAL
DETERMINATION: Categorically Exempt from State CEQA Guidelines, Section 15301(a) - operation, permitting or leasing of existing private structures involving negligible or no expansion of use beyond that which exists.
PROJECT PLANNER: Henry Dong, Planner II
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. Site Plan
2. Previously approved Use Permit PLN15-0594
RECOMMENDATION: Approve the project with conditions.
BACKGROUND:
On March 14, 2016, the Planning Board approved Use Permit No. PLN15-0594 for the establishment of an approximately 592-square-foot convenience market and coffee shop with outdoor seating and off-site beer and wine sales at 1120 Ballena Boulevard. The Planning Board also made Department of Alcoholic and Beverage Control Public Convenience and Necessity (PCN) findings pursuant to California Business and Professions Code Section 25958.4 to approve a liquor license based on the retail location at 1120 Ballena Blvd. The applicant is now requesting to relocate the same business to 1130 Ballena Blvd, an approximately 990-square-foot retail space located in another building on the same lot. Although new PCN findings are not required for business relocation, an amendment to the existing use permit is necessary in order to document a new place of business under the previous PCN findings. All applicable conditions of approval from the previous use permit are contained in this use permit amendment.
This project is located within the Ballena Isle Marina, an approximately 56-acre commercial marina containing two large commercial office buildings, the Ballena Bay Yacht Club, eateries, boat charter services, and a marina that can accommodate approximately 500 boats. The existing convenience store will be relocated to a retail space in a separate commercial building adjacent to Ballena Boulevard. The building currently contains retail, restaurant and office uses. No changes to the structure are proposed as part of this application. The convenience market and coffee shop is intended to serve the local commercial marina users and businesses. The market/coffee shop will include the sale of coffee, beverages, baked goods, basic grocery supplies. Five percent (5%) of the retail floor area (approximately 50 sf) will be devoted to off-site beer and wine display. The hours of operation will be during normal business hours between 10:00 AM to 7:00 PM Monday through Wednesday. Use Permit No. PLN15-0594, site plan, and floor plan are attached as Exhibits 1 and 2.
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 proposal is consistent with the CM-PD zoning district and the Mixed Use 3 General Plan land use designation with the approval of a use permit. The Mixed Use 3 land use designation encourages uses on the site that promote “commerce and navigation.” The CM-PD zone is intended to be applied where general commercial facilities are necessary and desirable for public service and convenience. The use permit proposal is consistent with the CM-PD zone and Mixed Use 3 land use designation by providing the convenience of a local market/coffee shop within close proximity for the commercial marina patrons and businesses. The project site is not located adjacent to residential homes and is located more than 600 feet from the nearest residential development. The project is not located within an area with an overconcentration of off-site alcohol sales in the area. The project site is located at least one half mile from the nearest off-site alcohol retailer. No exterior changes to the existing building envelope is proposed as part of this use permit. The use is compatible with the neighboring commercial, office, and marina uses and will provide a variety of food and beverages to the marina.
2. The proposed use will be served by adequate transportation and service facilities, including pedestrian, bicycle and transit facilities.
The location of the proposal is fully developed and does not require additional service facilities. The proposed convenience market/coffee shop will primarily serve the local commercial business and marina users. The marina facility has ample areas for vehicle and bicycle parking, and there are no barriers to public access to the site. The AC Transit Bus No. 631 provides transit services to the area when the local schools are in session, and is located within ½ mile of the project site.
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 market/coffee shop will not adversely affect the surrounding properties, hurt the existing business district, or the local economy. The project is a small, low-intensity use that operates between the hours of 10:00 AM to 7:00 PM, with only 5% of floor area allowed for off-site beer and wine sales. The outdoor seating area will be located in front of the store and limited to normal business hours. The proposed use is consistent with the commercial uses in the marina. The proposal is located at least 600 feet from the nearest residential development. Furthermore, there are no existing off-site alcohol businesses within one-half mile of the project site, and the project will not result in an oversaturation of off-site alcohol retail outlets in the area. The proposed use actually will have a positive impact on existing and future businesses at the marina by providing food, beverages, and outdoor seating that will complement the surrounding restaurants, offices, and marina uses. Therefore, the proposed Use Permit will not adversely affect the surrounding neighborhood.
4. The proposed use relates favorably to the General Plan.
The proposal would offer the convenience of a pedestrian-oriented market and coffee shop for the marina. The Mixed Use 3 General Plan land use designation requires uses on the property that promote “commerce and navigation.” The proposed commercial use will support commerce and navigation by providing food and beverages to the patrons of the Ballena Isle Marina.
5. The issuance of the Public Convenience or Necessity determination to allow relocation of a license to sell beer and wine at the proposed location will not be detrimental to the surrounding area. The proposal will relocate an existing business with off-sale beer and wine sales to a different retail space within the same lot. Therefore, the project does not increase the total number of alcohol sales businesses in the surrounding area. Additionally, the City’s General Plan encourages a concentration of such uses within the commercial districts in order to minimize potential impacts to other neighborhoods. The project is not located within an area with an overconcentration of off-site alcohol sales in the area. The project site is located at least one half mile from the nearest off-site alcohol retailer. Therefore, issuance of the requested alcoholic beverage license will serve a public convenience and will not prove detrimental to public health and safety or welfare as stated under use permit PLN15-0594.
1. Use Permit: This Use Permit allows a convenience store and coffee shop with outdoor seating and off-site beer and wine. This Use Permit amends Use Permit PLN15-0594 (Planning Board Resolution No. PB-16-08) and any conditions of approval from PLN15-0594 that are applicable and current are included below.
2. 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.
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. Alcoholic Beverages. The sale of alcoholic beverages shall be limited to off-site beer and wine sales, ABC Type 20 License, and occupy a maximum of five percent of the store floor area. No sale of spirits shall be allowed at the facility.
5. Outdoor seating. The outdoor seating shall be limited to tables in front of the store during normal operating hours. The outdoor seating area shall conform to the regulations of the City’s Noise Ordinance.
6. Signs. The applicant must obtain a City Sign Permit before installing permanent business signage, including window signs.
7. Waste, Recycling, and Composting. The establishment shall recycle cans or bottles that are subject to the State of California Container Deposit Law and comply with all local, state, and regional laws requiring source-separation of waste material for recycling and composting.
8. Building Permits. Building Permit plans shall incorporate this approval notice, including the conditions of approval.
9. Exterior Lighting and Fencing. No new exterior lighting or changes to the exterior fencing shall be allowed without review and approval of the Community Development Department.
10. Vesting: The Use Permit approval shall expire two (2) years after the date of approval or by July 2, 2020 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.
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. 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 operation, permitting or leasing of 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: July 2, 2018__