Title
PLN19-037 - Administrative Use Permit and Design Review - 1900 Park Street - Applicant: Steven Kolber for Dunkin’ Donuts. Public hearing to consider a Use Permit and Design Review as part of a new quick-service coffee and pastry shop. A use permit is required for outdoor seating and a temporary safety fence during construction. Design Review is required for the demolition of a mansard roof structure and a modular building, and for exterior modifications to the commercial building.
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CITY OF ALAMEDA
PLANNING, BUILDING & TRANSPORTATION DEPARTMENT
ADMINISTRATIVE USE PERMIT
ITEM NO: 3-B
PROJECT
DESCRIPTION: PLN19-037 - Administrative Use Permit and Design Review - 1900 Park Street - Applicant: Steven Kolber for Dunkin’ Donuts. Public hearing to consider a Use Permit and Design Review as part of a new quick-service coffee and pastry shop. A use permit is required for outdoor seating and a temporary safety fence during construction. Design Review is required for the demolition of a mansard roof structure and a modular building, and for exterior modifications to the commercial building.
GENERAL PLAN: Community Commercial
ZONING: NP-G, (North Park Street Gateway sub-district) Zoning.
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 January 29, 2019, the applicant submitted a Use Permit and Design Review application for a new Dunkin’ Donuts coffee and pastry shop at 1900 Park Street. A Use Permit is required for the proposed outdoor seating areas and for a temporary chain-link fence that will be erected during construction only. Design review is required for the proposed exterior modifications to the site. The site is currently comprised of a commercial building of approximately 1,700 square feet, a modular building of approximately 560 square feet, and a mansard roof structure along Park Street. The mansard roof and modular building were constructed in 1986 and will be demolished to make site improvements.
The commercial building was previously used to service cars for the former muffler shop that occupied the site. It will be renovated to accommodate the new Dunkin’ Donuts by replacing two rollup doors with storefront windows, and adding awnings and accent siding. The project will require a separate sign permit for new signage for Dunkin’ Donuts as outlined in the Conditions of Approval. Two separate outdoor seating areas are proposed. One will be located in front of the commercial building. It will be of approximately 380 square feet and will include three tables and six seats. The other outdoor seating area will be on the southwest corner of the lot and will include four benches.
Parking lot and circulation improvements are also proposed. Currently the parking lot is completely paved lot. The project proposes to add permeable pavers in the parking lot and landscaping along the perimeter of the lot to improve drainage on site. A curb cut along Park Street will be reconfigured to accommodate right-only ingress and egress. Three curb cuts on Clement Avenue will be removed and replaced by one new curb cut on the easterly side of the lot along Clement Avenue. The new curb cut on Clement Avenue is located to accommodate the Clement Avenue Complete Streets capital improvement project. A trash enclosure and mechanical equipment enclosure will be constructed on the north side of the parking lot. For public safety during construction, a temporary chain-link fence with screening will be erected around the site and is conditioned to be removed prior to final inspection.
The property is zoned NP-G, North Park Street Gateway sub-district. Pursuant to Alameda Municipal Code (AMC) Section 30-4.25(e) outdoor dining is permitted with the approval of a use permit. AMC 30-5.14(h) requires a use permit for fences on non-residentially zoned properties. Design review for exterior modifications to the commercial building, demolition of the modular building, and parking lot improvements 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 project will convert a vacant site previously used as a muffler shop to a Dunkin’ Donuts coffee and pastry shop. The commercial improvements support a pedestrian and transit friendly environment and will remedy the "auto-row" physical characteristics of the site, consistent with the purpose of the NP-G North Park Street Gateway sub-district. Dunkin’ Donuts will provide two outdoor seating areas, one at the southwest corner of the site and one in front of the donut shop, which will have a positive impact on activating the site. The parking lot will include several landscaped areas and permeable pavers throughout. To ensure appropriate circulation in and out of the site, the curb cut on Park Street will be widening and a median to for right-only ingress and egress will be added. The Long- and short-term bicycle parking will also be provided on site. The overall project design is an improvement to the site and compatible with the redevelopment in the district.
2. The proposed use will be served by adequate transportation and service facilities, including pedestrian, bicycle and transit facilities. The proposed use will accommodate multimodal transportation including driving, bicycling, walking and public transit. The site complies with the automobile and bicycle parking standards in Alameda Municipal Code 30-7 for restaurant/café use. Ten standard size parking spaces will be provided in the parking lot. In an effort to improve parking and safety in the vicinity, the applicant agreed to share two parking spaces for short-term drop-off to the neighboring kung-fu studio, as outlined in the conditions of approval. An inverted U bicycle rack will be installed for the two required short-term bicycle parking spaces. A two-tier bicycle locker will be provided to accommodate long-term bicycle parking. The Clement Avenue Complete Streets capital improvement project will create a two-way cycle track on the north side of Clement Avenue to support bicycle ridership. As such, the applicant agreed to relocate the curb cut on Clement Avenue to accommodate the Complete Streets project. Additionally, the site is served by AC Transit routes 20, 21, and OX which stop one block from the site. Pedestrian-friendly features of the site include the outdoor seating areas and landscaping throughout the parking lot which include trees that will create a shade canopy on the sidewalk.
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 use will not adversely affect the surrounding properties, hurt existing businesses, or the local economy. The project will enhance the district by occupying and renovating a vacant commercial building, offering to share parking with a neighboring business, and providing landscaping in what is currently a completely paved lot. The business will also have a positive impact in the neighborhood by providing food, beverages and outdoor seating for the local residents.
4. The proposed use relates favorably to the General Plan. The General Plan designates this area “Community Commercial”. Guiding policy 2.5.a encourages providing Alameda residents with a full range of retail businesses and services. The use provides a convenient location that serves food and beverages to residents within a walkable distance from the surrounding neighborhoods. The outdoor seating area will serve the community with space to enjoy their coffee and pastries and help to activate the site.
DESIGN REVIEW FINDINGS
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. The proposed commercial improvement is consistent with the intent of the NP-G sub-district to guide the redevelopment of the Park Street commercial area with attractive buildings with a mix of commercial and retail uses that support a pedestrian and transit friendly environment. The Community Commercial General Plan designation allows small retail shops such as the Dunkin’ Donuts. The building renovation is consistent with the City’s Design Review manual and compatible with the surrounding neighborhood.
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 renovations proposed to the commercial building will maintain the industrial building design which is compatible with other industrial buildings in the neighborhood. Replacing the large roll up doors with storefront windows will add a more traditional retail look to the industrial building. Removing the modular building and mansard roof structure will allow circulation through the site and provide space for the parking lot, landscaping and outdoor seating. The overall site design is compatible with the retail- and pedestrian-oriented redevelopment of the NP-G sub-district.
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 building will include large storefront windows, accent horizontal siding on a portion of the west and south elevations, awnings over the windows, and a mural which will enhance the traditional storefront approach of the building. The site will include landscaping along the north, west and south side of the lot with a variety of plant species and trees. Permeable pavers will enhance the parking lot and improve drainage on the site.
1. Compliance with Plans. Any modification on this site shall be in substantial compliance with the Use Permit and Design Review application, dated June 20, 2019, by Kolbrook Design, 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. Siding: The fiber cement Hardiplank lap siding on the west and south elevations shall have a smooth finish and shall not have faux wood texture.
4. Parking: Parking layout shall be constructed in conformance with City’s off-street parking design standards, Alameda Municipal Code Section 30-7.6 Off-Street Parking and Loading Regulations. Accessible stalls, ramps, loading and unloading platforms including for vans, slope and grade of ramps, landings and stalls, signs, striping, logo, width of landings and such details as are required shall comply with applicable City and State Standards.
5. Shared Parking: The applicant shall dedicate two parking spaces within the parking lot for short-term drop off for the adjacent kung fu studio, USA Kung-fu. Allowable parking for drop-offs shall be for no longer than 15 minutes, Monday through Friday 3:30 pm-7:00 pm and Saturday and Sunday from 12:00 pm to 5:00 pm. Signage shall be posted on the parking spaces indicating the allowable drop-off times.
6. Egress Signage: The parking lot shall include a “Right Turn Only” sign for customers exiting the site onto Park Street.
7. Trash Enclosure:
a. Trash enclosure(s) shall comply with Best Management Practices in accordance with the Clean Water Act. These facilities shall be designed to prevent water run-on to the area, runoff from the area, and to contain litter, trash and other pollutants, so that these materials are not dispersed by the wind or otherwise discharged to the storm drain system. Trash enclosure shall include both a water supply and a drain to the sanitary sewer.
b. The plans submitted for building permit plans shall orient the trash enclosure parallel to the north property line with the opening to the south toward Clement Avenue. The plans shall maintain ten (10) parking spaces in accordance with Alameda Municipal Code Section 30-7.6. At least fifty (50%) percent of the required parking space shall be not less than eight and one-half (8½′) feet wide by eighteen (18′) feet long. A maximum of fifty (50%) percent of the required parking spaces may be compact car spaces, at least seven and one-half (7½′) feet wide by fifteen (15′) feet long.
8. Driveway Median: The driveway median on Park Street shall be revised to a mountable truck apron which will allow Alameda County Industries garbage collection vehicle fleet to access the Park Street curb cut.
9. Public Right-of-way:
a. The plans submitted for building permit shall revise the note on Sheet SP1.1 “Existing curb-cut to be widen” to “Existing curb-cut to be removed”.
b. The applicant shall be responsible for reconstructing the public right-of-way along the west and south perimeter of the subject site (along Park Street and Clement Avenue) to the satisfaction of the City Engineer.
10. Truncated Domes: The plans submitted for building permit shall not include truncated domes to the east of the long-term bike parking lockers and to the south of the parking spaces along Clement Avenue.
11. Hatch Stripes: The plans submitted for building permit shall extend the thermoplastic white hatch stripes to the southerly face of the trash enclosure and fill the space around the bicycle locker.
12. Fence: The temporary chain-link fence shall include slats, shall not exceed six (6’) feet in height and shall be removed prior to final inspection.
13. Landscape Plan: The landscape plans submitted for building permits shall:
a. Comply with the listed conditions of approval of Appendix B of the City’s Landscape Document Package, on file in the office of the City of Alameda Planning, Building, and Transportation Department.
b. Include either a Tuscarora or Ginko biloba ‘Fairmont’ tree along Park Street, on the north side of the site, consistent with the City of Alameda Master Tree Plan. European Hornbeam species shall not be used along Park Street.
c. Include either a Brisbane box or London plane tree along Clement Avenue, consistent with the City of Alameda Master Tree Plan. European Hornbeam species shall not be used along Clement Avenue.
d. Extend the landscaping along the south property line to span across the southerly parking spaces.
14. Bicycle Parking:
a. The plans submitted for building permit plans shall reference the bicycle locker type “DERO Two-Tier Bike Locker” on the site plan and shall include the DERO Two-Tier Bike Locker in the specifications sheets.
b. The plans submitted for building permit shall include a bollard 60” to the west of the bicycle locker door in line with the southerly edge of the bicycle locker.
c. The plans submitted for building permit shall include a bollard to the west of the short-term bicycle parking.
15. Sign Permit: A separate sign permit from the Planning Division shall be obtained for all signs on site as defined in Alameda Municipal Code Section 30-6.
16. Windows: The plans submitted for building permit plans shall incorporate the approved window schedule.
17. Lighting: New exterior lighting fixtures shall be low intensity, directed downward and shielded to minimize offsite glare.
18. Conformance: The final plans submitted for building permit approval shall conform to all applicable codes and guidelines.
19. Inspection: A site inspection to determine compliance with this Use Permit and Design Review Approval is required prior to the final building inspection and/or to the issuance of a Certificate of Occupancy. The applicant shall notify the Planning, Building and Transportation Department at least four days prior to the requested Planning Inspection dates.
20. Stormwater Plans and Certification: The Civil Improvement Plan submittal shall include a revised Drainage Plan and C-3 Stormwater Requirements Checklist that agrees in number with the finalized plan dimensions, identified drainage management areas, and table of areas. Include the revised ROW work, revised trash and mechanical enclosures, revised parking areas, and other changes. If the Checklist indicates the need for C3 improvements, submit a finalized, stamped, signed City of Alameda C3 Certification Form prepared by an independent civil engineer with stormwater treatment facility design experience, licensed in the State of California, and meeting City qualification standards, that indicates that the LID and treatment measure designs for the finalized improvement plans and stormwater quality management plan meet the established sizing design criteria for stormwater treatment measures.
21. Stormwater O&M Plan: Prior to issuance of the initial, temporary or first occupancy permit, whichever comes first, the applicant shall submit a Stormwater Measures Maintenance Agrement, complete with the approved O&M Plan and annual reporting template, assigning to the property owner the long-term responsibility to preserve and effectively maintain the approved stormwater measures, and a certification report prepared by a registered civil engineer, licensed in the State of California, affirming that the permeable pavement and any other required LID measures have been constructed per the City approved plans and specifications.
22. Sidewalk: The applicant shall remove and replace all concrete sidewalk and abandoned driveways within the adjoining public ROW, to the satisfaction of the City Engineer. The Project shall comply will Chapter 22 of the Alameda Municipal Code (Streets and Sidewalks) as determined by the City Engineer, and shall comply with all current, applicable, plans, standards, policies and guidelines including Alameda’s Municipal Code (AMC), Standard Plans and Specifications
23. Encroachment Permit: An Encroachment Permit is required for all work within the Public Right-of-Way. The Encroachment Permit is required prior to issuance of any Building Permits for the proposed demolition and construction.
24. Sewer and Water: Sanitary sewerage shall be in accordance with the EBMUD Regional Standards for Sanitary Sewer Installation.The City participates in the EBMUD Regional Private Sewer Lateral Program; therefore the Applicant shall comply with the provisions of this program prior to the issuance of Certificate of Occupancy. Each parcel within the subdivision must be issued a Compliance Certificate by EBMUD. Please review the program requirements and cost for Compliance Certificates: <http://www.eastbaypsl.com/eastbaypsl/>. Prior to issuance of building permits, the Applicant shall secure all necessary permit approvals from EBMUD regarding the installation of all water or sewer service connections for the project.
25. Fire Sprinklers Testing: Fire sprinkler system test water discharges shall be directed to the sanitary sewer system or to appropriately-sized onsite vegetated area(s).
26. Hours: Construction activities are restricted to the hours of 7:00 a.m. to 7:00 p.m., Monday through Friday and 8:00 a.m. to 5:00 p.m. on Saturday, unless a permit is first secured from the City Manager or designee based upon a showing of significant financial hardship.
27. Vesting: The Use Permit approval shall expire two (2) years after the date of approval or by August 26, 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.
28. 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.
29. 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 26, 2019___