Title
PLN18-0229 - 1518 Park Street - Applicant: Jason Tsang for Habanas Cuban Cuisine. A public hearing to consider an Administrative Use Permit to extend hours of operation to 1:30 A.M., on Fridays and Saturdays, for the purposes of providing live music and dancing within an existing restaurant, which requires a Use Permit within the C-C-T, Community Commercial (Theatre Combining), Zoning District
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CITY OF ALAMEDA
COMMUNITY DEVELOPMENT DEPARTMENT
ADMINISTRATIVE USE PERMIT
ITEM NO: 3-C
PROJECT
DESCRIPTION: PLN18-0229 - 1518 Park Street - Applicant: Jason Tsang for Habanas Cuban Cuisine. A public hearing to consider an Administrative Use Permit to extend hours of operation to 1:30 A.M., on Fridays and Saturdays, for the purposes of providing live music and dancing within an existing restaurant, which requires a Use Permit within the C-C-T, Community Commercial (Theatre Combining), Zoning District.
GENERAL PLAN: Community Commercial
ZONING: C-C-T, Community Commercial - Theatre Combining District
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: David Sablan, AICP, Planner II
PUBLIC NOTICE: A notice for this hearing was mailed to property owners and residents, 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. Supplemental Use Permit Application & Floor Plan
RECOMMENDATION: Find that the project will not cause significant adverse effects to the physical environment, is Categorically Exempt from environmental review and approve the project with conditions based on the following findings:
Background: On May 9, 2018, the applicant submitted a Use Permit application to allow extended hours of operation, staying open until 1:30 A.M. on Friday and Saturday nights, which requires a Use Permit within the C-C Zoning District pursuant to AMC Section 30-4.9A(c). Currently the tenant space is the Habanas Cuban Cuisine restaurant that operates until 10:00 P.M. The business owner plans to have live music and dancing after the close of restaurant operations, taking place entirely within the building, on Friday and Saturday nights that would operate until 1:30 A.M. A separate Dance Permit is required pursuant AMC 6-19, which will be processed separately by the Alameda Police Department (APD). The APD consulted Planning staff on the need for a Security Plan in order for the business to operate until 1:30 A.M. The Security Plan and its components have been included as conditions of approval. This plan includes allowing the APD to request a meeting with the business operator and property owner to review compliance with and effectiveness of the Security Plan. Staff is recommending that the Use Permit expires after one year unless the applicant submits an application for renewal prior to expiration, at which point the effectiveness of the recommended conditions can be reviewed by the Zoning Administrator prior to renewal of the Use Permit.
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 extended hours of operation serves to enhance the Park Street business area by providing new entertainment amenities 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 Routes 20, 29 and O on Park Street and 51A on Santa Clara Ave, all within one block of the project site. The proposed extended hours would not increase the demand on these existing transportation and service facilities.
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 deleterious effects on existing business districts or the local economy. The conditions of approval require adherence to the prescribed Security Plan to ensure the business operating after normal hours will not have a deleterious effect on the existing Park Street business district. The prescribed Security Plan allows for periodic review, as needed, by the Alameda Police Department to ensure compliance and effectiveness of the Security Plan. Additionally, this use permit must be reviewed after one year to address any issues that arise and allows for new conditions of approval.
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 the following Guiding Policies: 2.5b, which is to revitalize Alameda’s historic downtown shopping districts while maintain their small-city scale; 2.5c, which is to support and promote Park Street as Alameda’s downtown, the entertainment, cultural, social, and civic center of the City, by providing a wide variety of commercial, retail, cultural, professional, and governmental services.
The applicant shall implement the following conditions for this use permit:
1. Use Permit Renewal Required After First Year: This Administrative Use Permit approval is valid for eighteen months from the date of approval. The applicant shall submit a use permit application and pay application fees for the use permit renewal prior to eighteen months after the date of approval, at which point extended hours of operation approved under this Administrative Use Permit may continue until an action on the permit renewal is made by the Zoning Administrator, or the Planning Board upon appeal. This Use Permit will also expire if business operations during extended hours of operation do not commence under a valid Dance Permit prior to eighteen months from the date of the approval.
2. Approved Uses: This Use Permit approves the extension of business hours from 10:00 P.M. until 1:30 A.M., on Friday and Saturday nights, in conjunction with a valid Dance Permit. This Use Permit shall not become effective until the issuance of a Dance Permit by the Alameda Police Department. This Use Permit for extended hours shall become expired upon the expiration or revocation of a Dance Permit by the Alameda Police Department.
3. Compliance with Plans: Any modification on this site shall be in substantial compliance with the use permit application submittal dated May 9, 2018, by Jason Tsang, on file in the City of Alameda Community Development Department, except as modified by the conditions listed in this report.
4. 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.
5. Compliance with Conditions: Failure to comply with any conditions may result in issuance of a citation and/or modification or revocation of the Use Permit.
6. Security Plan: The applicant shall comply with the following Security Plan requirements:
a. A licensed, uniformed security office/private patrol watchperson shall be on the premises providing patrol of the interior of the business and the exterior, from 10:00 P.M. until closing time on any day that the establishment is open past 10:00 P.M.
b. At the request of the Chief of Police or designee, the applicant shall provide evidence of compliance with condition 6a. Any records maintained in this regard shall be kept for a minimum of one year.
c. Applicant shall maintain a recordable video surveillance system of the building interior and exterior.
d. At the request of the Chief of Police or designee, the applicant shall meet with a Police Department representative to review police incidents, and to determine the effectiveness of the Security Plan and whether modifications are necessary.
7. Solid Waste/Trash The applicant shall be responsible for the prompt cleanup and disposal of all trash and garbage generated on the site and shall provide trash receptacles for customer use.
8. Noise Ordinance: The applicant shall ensure that all operations are conducted in conformance with the Noise Ordinance. Complaints from neighbors shall be cause for a public hearing to modify or revoke this Use Permit.
9. Smoking Ordinance: The applicant shall post “No Smoking” signs on the front of the building to ensure all operations are conducted in conformance with the Smoking Ordinance.
10. 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.
11. 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, or City Council relating 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.
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.
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: July 16, 2018
Andrew Thomas, Zoning Administrator