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PLN19-0439 - 1620 Park Street - Use Permit for Use of an Outdoor Patio - Applicant: Kendy Li for Fire Wings Alameda, LLC. Public hearing to consider a use permit to allow outdoor seating and extended hours of operation for a new restaurant. The outdoor seating will have the capacity for 12 seats and be located along the south side of the building. The proposed hours for the restaurant will be between 11:00 A.M and 12:00 A.M., seven days a week. Per Alameda Municipal Code (AMC) Section 30-4.9A, any permitted use which is not conducted within an enclosed structure requires the approval of a Use Permit.
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CITY OF ALAMEDA
COMMUNITY DEVELOPMENT DEPARTMENT
ADMINISTRATIVE USE PERMIT
ITEM NO: 3-D
PROJECT
DESCRIPTION: PLN19-0439 - 1620 Park Street - Use Permit for Use of an Outdoor Patio - Applicant: Kendy Li for Fire Wings Alameda, LLC. Public hearing to consider a use permit to allow outdoor seating and extended hours of operation for a new restaurant. The outdoor seating will have the capacity for 12 seats and be located along the south side of the building. The proposed hours for the restaurant will be between 11:00 A.M and 12:00 A.M., seven days a week. Per Alameda Municipal Code (AMC) Section 30-4.9A, any permitted use which is not conducted within an enclosed structure requires the approval of a Use Permit.
GENERAL PLAN: Community Commercial
ZONING: NP-GD (North Park Street Gateway Sub District) Zoning District
ENVIRONMENTAL
DETERMINATION: Categorically Exempt from State 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.
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. Project Plans
RECOMMENDATION: Approve the project with conditions.
PROPOSAL SUMMARY:
On September 3, 2019 the applicant submitted an application for a use permit to allow outdoor seating and extended hours of operation for the “Fire Wings” restaurant at 1620 Park Street (Exhibit 1). The tenant space is approximately 2100 square feet, and has been vacant since August 2018, most recently occupied by Smash Burgers restaurant. The applicant has obtained building permits for restaurant tenant improvements which are currently underway. Restaurants are a permitted use within the NP-GD (North Park Street Gateway Sub District) Zoning District. Per Alameda Municipal Code (AMC) Section 30-4.9A, any permitted use which is not conducted within an enclosed structure requires the approval of a Use Permit.
The applicant is requesting a use permit to allow the use of a portion of the sidewalk adjacent to the restaurant for outdoor seating for three tables with up to 12 restaurant customers. The restaurant is located within the Alameda Station shopping center, in a multi-tenant commercial building. The portion of the sidewalk proposed for the outdoor seating area is 10 feet wide and on private property within the shopping center. The adjoining properties to the restaurant are Marketplace to the north and Walgreens to the south of the site. All three commercial buildings share a surface parking lot behind the buildings, with 87 parking stalls. The proposed hours of operation for the restaurant, including the outdoor seating, will be 11:00 A.M. to 12:00 A.M., seven days a week.
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 Station shopping center has a high volume of pedestrian activity. Therefore, the location of the proposed outdoor seating is compatible with the site and adjacent commercial uses. The shopping center includes other areas with outdoor seating that are used regularly. The hours of operation from 11:00 A.m. to 12:00 P.M. is compatible with other commercial uses in the shopping center some of which are open until 11:00 P.M. The proposed outdoor seating area will activate the sidewalk adjacent to Park Street, consistent with the intent of the North Park Street Gateway sub district to support a pedestrian-friendly environment.
2. The proposed use will be served by adequate transportation and service facilities, including pedestrian, bicycle and transit facilities. The subject site is fully developed and includes a shared parking lot with 87 parking stalls. Bicycle parking is provided throughout the shopping center, including a bicycle rack in front of the restaurant and two long-term bicycle parking cages behind the restaurant. Additionally, the site is served by AC Transit routes 20, 21, and OX which stop one block from the 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 use will not adversely affect the surrounding properties, hurt existing businesses, or the local economy. The project will enhance the district by occupying a vacant commercial building and activating the site. 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.
1. Compliance with Plans. Any modification on this site shall be in substantial compliance with the use permit application submittal dated September 4, 2019 and October 14, 2019, by Kendy Li, on file in the City of Alameda Community Development 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 Community Development Department for review and approval.
3. Pedestrian Access: The outdoor seating area shall maintain pedestrian access on the sidewalk. A minimum of 4 feet of clearance shall be maintained at all times for pedestrian access.
4. Lighting: New exterior lighting fixtures shall be low intensity, directed downward and shielded to minimize offsite glare.
5. Hours: Permitted hours of operation shall be between 11:00 A.M and 12:00 A.M., seven days a week.
6. Vesting: The Use Permit approval shall expire two (2) years after the date of approval or by November 4, 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.
PUBLIC WORKS DEPARTMENT CONDITIONS:
The proposed project will conform to the applicable regulations and policies of the City’s Stormwater Ordinance and Clean Water Program if the following conditions of approval are implemented:
1. To avoid dispersion by wind, all solid waste containers, including recycling and food scrap carts, must have fitted lids which shall remain closed at all times when the container is not being used or emptied.
2. Applicant must ensure that no pollutants, including food waste/grease, liquid wastes, garbage/debris, and other materials are discharged to the City’s storm drain system (including gutters, curbs, and storm drains).
3. The daily clean- up of all litter, debris and other waste associated with the outdoor seating shall utilize best management practices and dry cleaning methods to prevent the accumulation or discharge of any materials to the City’s storm drain system (including gutters, curbs, and storm drains).
4. Any spill shall be cleaned up immediately with rags, absorbents, or mopping. Do not allow fluids to accumulate or run across paved surfaces. Never hose spills down into the City’s storm drain system.
5. The applicant shall ensure that any wash water from surface cleaning activities shall be collected and discharged to the sanitary sewer system. For pressure washing of outdoor seating areas or other exterior surfaces, Applicant shall hire a cleaning contractor trained in pollution prevention practices. Go to www.basmaa.org/SearchforCleaners.aspx <http://www.basmaa.org/SearchforCleaners.aspx> for a list of recognized surface cleaners.
6. The applicant will comply with Alameda County's Mandatory Recycling Ordinance by procuring adequate recycling and composting capacity from Alameda's franchised waste hauler, Alameda County Industries (ACI).
7. 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.
8. The applicant shall provide outdoor customers with three well-marked, outdoor waste containers for the three waste streams collected in Alameda: Recycle, Compost, Landfill.
7. 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.
8. 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: November 4, 2019___