Title
PLN19-0166 - Use Permit and Design Review for an Outdoor Food Serving Station - 2480 Monarch Street - Applicant: Kevin and Kelly Kearney. Public hearing to consider Design Review and Use Permit to legalize the operation of an outdoor food service area that consists of: a food service station, a BBQ smoker, and a seating area. Food will be prepared inside the existing catering business and served through the outdoor food station. The outdoor area will also be used for incidental dance lessons. The property is located within the AP-AR, (Alameda Point, Adaptive Reuse) zoning district. Pursuant to Alameda Municipal Code 30-4.24(g)7, outdoor operations and activities may be permitted with approval of a conditional use permit. This project is categorically exempt from the California Environmental Quality Act (CEQA) Section 15301 - Existing Facilities.
Body
CITY OF ALAMEDA
PLANNING, BUILDING & TRANSPORTATION DEPARTMENT
ADMINISTRATIVE USE PERMIT
ITEM NO: 3-A
PROJECT
DESCRIPTION: PLN19-0166 - 2480 Monarch Street - Applicant: Kevin and Kelly Kearny. Public hearing to consider Use Permit and Design Review to legalize the operation of an outdoor food service area that consists of: a food service station, a BBQ smoker, and a seating area. Food will be prepared inside the existing catering business and served through the outdoor food station. The outdoor area will also be used for incidental dance lessons. The property is located within the AP-AR, (Alameda Point, Adaptive Reuse) zoning district. Pursuant to Alameda Municipal Code 30-4.24(g)7, outdoor operations and activities may be permitted with approval of a Use Permit.
GENERAL PLAN: AP1, Alameda Point Civic Core Mixed Use
ZONING: AP-AR, Alameda Point Adaptive Reuse
ENVIRONMENTAL
DETERMINATION: Categorically Exempt from State CEQA Guidelines, Section 15301 - Existing Facilities.
PROJECT PLANNER: Linda Barrera, 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. Plans
RECOMMENDATION: Approve the project with conditions.
PROPOSAL SUMMARY:
On April 16, 2019, the applicant submitted a Use Permit and Design Review application to legalize the operation of an outdoor food service area at 2480 Monarch Street. The City of Alameda is the property owner and leases Building 42 and the adjacent land to the applicant. The applicant operates an existing catering business, Pacific Fine Food, Inc., in Building 42.
Between 2015 and 2017 the applicant establish an outdoor food service area on the land adjacent to Building 42 without the benefit of a use permit and design review as required under the zoning ordinance. This outdoor area now consists of a food service station, a BBQ smoker, and a seating area This Use Permit will authorize the operation of the outdoor food service and also permit new incidental dance lessons in the outdoor area. Food will be prepared inside the catering kitchen in Building 42 and served to guests through the food station, which is a stationary shipping container with windows. The anticipated hours of operation for the outdoor activities are from 7am to 2pm daily. Alameda Municipal Code (AMC) 30-4.24(g)7, requires a Use Permit to permit outdoor operations and activities in the AP-AR, (Alameda Point, Adaptive Reuse) zoning district. Design Review for the food station is required under AMC 30-37.
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 Alameda Point Adaptive Reuse District encourages community destination services that support reinvestment in the existing buildings and infrastructure within the NAS Alameda Historic District. The proposal to expand the amenities for customers at an existing business establishment within the Alameda Point commercial area is consistent with this goal. The proposed outdoor use will relate favorably to other food and beverage businesses on Monarch Street “Spirits Alley” by increasing commercial activity and food service at Alameda Point. The food station is a small shipping container that will have little or no aesthetic impact among the large buildings and vast openness of space at Alameda Point. The food station is an accessory structure that is painted with nautical images reflecting the district’s naval history. Therefore, the project design and size is architecturally, aesthetically, and 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 existing establishment is already served by adequate transportation and service facilities. The property is fully developed and provides six (6) on-site parking spaces. There is also plenty of public parking in the vicinity. The proposed food service operation will not generate a large influx of additional vehicular traffic because many of the same customers who currently visit the nearby “Spirits Alley” will continue to frequent the area in addition to employees of nearby businesses who currently have limited dining opportunities in the neighborhood. Therefore, the proposed project will not significantly generate additional traffic or transportation service requirements.
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 operations will be conducted in compliance with the local requirements and approved conditions of approval, and the activity will not adversely affect properties in the surrounding area. Furthermore, the proposed use will complement existing and future businesses at Alameda Point by providing more outdoor amenities for visitors to the area. The uses complement the existing winery, brewery, and distillery uses along Monarch Street and West Tower Avenue.
4. The proposed use relates favorably to the General Plan. The General Plan designation for this project location is Alameda Point Civic Core Mixed Use, which supports public serving and civic uses. The proposed use is consistent with this land use designation. Furthermore, General Plan policies support job generating uses at Alameda Point including policy 9.2.a which encourages creating local serving commercial uses. The proposed Use Permit is consistent with the General Plan.
1. The proposed design is consistent with the General Plan, Zoning Ordinance, and the City of Alameda Design Review Manual, because the proposed new construction is compatible in design and use of materials with the existing building and surrounding neighborhood. Alameda Point is comprised of an eclectic mix of industrial warehouse buildings. The shipping container is compatible with the industrial aesthetic at Alameda Point and compliments the design of the adjacent main building as outlined in the Citywide Design Review Manual. The accessory structure also meets the development standards of the Alameda Municipal Code.
2. The proposed design is appropriate for the site, is compatible with adjacent or neighboring buildings or surroundings, and promotes harmonious transitions in scale and character in areas between different designated land uses. The proposed food station is a stationary shipping container with windows. It is painted in nautical themes to reflect the naval history of Alameda Point. The decorated shipping container is compatible with adjacent industrial buildings.
3. The proposed design of the structure(s) and exterior materials and landscaping are visually compatible with the surrounding development, and design elements have been incorporated to ensure the compatibility of the structure with the character and uses of adjacent development. The outdoor area, comprised of the food station, BBQ smoker, seating, and incidental dancing lessons, is compatible with the uses along “Spirits Alley”. Patrons of “Spirits Alley” will have access to food and activity with the proposed outdoor area uses.
1. Compliance with Plans. Any modification on this site shall be in substantial compliance with the Use Permit application submittal dated April 16, 2019, by Peg Bausch, on file in the City of Alameda Planning, Building and Transportation Department, except as modified by the conditions listed in this report.
2. 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 Planning, Building and Transportation Department for review and approval.
3. Hours of Operation: The permitted hours of operation for the food service station, BBQ smoker, seating area, and incidental dance lessons are from 7:00 A.M. to 10:00 P.M., seven days a week.
4. Pedestrian Safety: Applicant/Developer shall provide and maintain a safe pedestrian path of travel around the project site within the public right of way that is clear of hazards to the satisfaction of the Planning, Building and Transportation Director and Public Works Director.
5. Alcohol Beverage Control (ABC) License: Any application for an ABC License Type 42 or 48 shall require the approval of a separate conditional use permit, subject to the guidelines of AMC Section 30-21, prior to the issuance of such ABC Licenses.
6. Special Event Permits. Special events that involve activities that are beyond the scope of the regular business activities described in this Use Permit 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.
7. Removal: The applicant shall be responsible for removing the accessory structure and BBQ smoker off of the site should the operation of the outdoor food service area cease to operate for a period of twelve (12) months.
8. Urban Runoff / Stormwater Requirements:
a. Applicant shall 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 are wind-dispersed off-site.
b. Applicant shall 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 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.
d. 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.
e. Spills shall be cleaned up immediately with rags, absorbents, or mopping. Do not allow fluids to accumulate or run across paved surfaces. Spills shall not be hosed down into the City’s storm drain system.
9. Integrated Waste Requirements:
a. Applicant shall provide customers sufficient garbage, recycling, and organic collection receptacles while the food service station is in operation.
b. When the food service station is not in operation, all garbage facilities shall be secured protected from access by raccoons, animals, or other potential Least Tern predators. In no circumstances will uncovered garbage, grain, refuse or other edible materials be placed in an open bin or can.
c. All receptacles shall be covered or secured when operations are closed. Applicant will discourage scavenging bottles and cans from use area.
d. Disposable food service ware that uses polystyrene foam (aka Styrofoam™) is prohibited within jurisdictional limits.
e. Use of City waste receptacles for disposing waste generated by this business is prohibited.
f. The applicant shall ensure that all employees are trained in separating food and food-soiled, compostable waste material, recyclable materials, and the applicant shall participate in the Alameda Food Scrap Recycling Program.
10. Vesting: The Use Permit and Design Review approval shall expire two (2) years after the date of approval or by August 5, 2021 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 and leasing of existing private structures involving negligible or no expansion of use beyond that which exists.
Use Permit and Design Review
The Zoning Administrator hereby approves the Use Permit and Design Review 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: August 5, 2019___