Title
PLN19-0539 - Administrative Use Permit - 1440 Park Street - Applicant: Raymundo F. Reyes for La Penca Azul Taco Bar. Public hearing to consider a use permit to legalize an outdoor patio at the rear of an existing restaurant and to allow extended hours of operation on Fridays and Saturdays. The outdoor patio is partially enclosed and contains a seating area of approximately 382 square feet. The outdoor patio will operate between the hours of 10:00 AM to 10:00 PM, Sunday through Thursday and 10:00 AM to 12:00 AM, Friday and Saturday. The property is located within the C-C-T (Community Commercial-Theatre Combining) Zoning District.
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CITY OF ALAMEDA
PLANNING, BUILDING AND TRANSPORTATION DEPARTMENT
ADMINISTRATIVE USE PERMIT
ITEM NO: 3-A
PROJECT
DESCRIPTION: PLN19-0539 - Administrative Use Permit - 1440 Park Street - Applicant: Raymundo F. Reyes for La Penca Azul Taco Bar. Public hearing to consider a use permit to legalize an outdoor patio at the rear of an existing restaurant and to allow extended hours of operation on Fridays and Saturdays. The outdoor patio is partially enclosed and contains a seating area of approximately 382 square feet. The outdoor patio will operate between the hours of 10:00 AM to 10:00 PM, Sunday through Thursday and 10:00 AM to 12:00 AM, Friday and Saturday. The property is located within the C-C-T (Community Commercial-Theatre Combining) Zoning District.
GENERAL PLAN: Community Commercial
ZONING: C-C-T (Community Commercial-Theatre Combining) 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 November 6, 2019 the applicant submitted an application for a use permit to legalize an existing outdoor seating area at the rear of an existing restaurant, “La Penca Azul Taco Bar”, at 1440 Park Street (Exhibit 1). The restaurant is approximately 726 square feet and only has seating for 7 customers. The outdoor patio is approximately 382 square feet and can accommodate 35 additional customers. Patrons access the patio through an interior connection from the taco bar to the patio. The outdoor patio will maintain the same hours of operation as the restaurant, between 10:00 AM to 10:00 PM, Sunday through Thursday and 10:00 AM to 12:00 AM, Friday and Saturday. The covered patio is partially enclosed with a solid wall on the east side and partial walls on the south and west sides. Measuring three-feet in height, the partial walls feature horizontal wood siding and large openings. It connects to the restaurant on the north side. The overall height of the patio is 11’-6” and features a low-pitched gable roof.
Restaurants are a permitted use within the C-C-T (Community Commercial-Theatre Combining) 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 as well as any use in the district that does business after 10:00 PM. The applicant constructed the patio without the benefit of a Planning or Building permit. As such, a Code Enforcement case (X19-0180) was initiated for the unpermitted work. The applicant is requesting this use permit to legalize the patio. The patio is compatible with the surrounding land uses which include commercial uses to the north, east, and west and a public parking lot to the south.
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 subject site is comprised of a two story, L-shaped commercial building fronting Park Street and Santa Clara Avenue. The building has a one story portion at the rear which provides access to the rear of the property for the tenants. Five commercial tenants occupy the building, including “La Penca Azul Taco Bar”. The patio abuts a solid wall of the neighboring restaurant to the east on a separate lot and does not interfere with the tenants of the subject site. Therefore, the partially enclosed patio is compatible with the site and adjacent commercial uses. Furthermore, the patio’s rustic design is compatible with the Mission Revival-esque style of the commercial building, which features large decorative arches throughout. The patio is operationally harmonious with the surrounding development because it is accessed through the taco bar and will maintain the same hours of operation as the restaurant between 10:00 AM to 10:00 PM, Sunday through Thursday and 10:00 AM to 12:00 AM, Friday and Saturday.
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, does not have any off-street parking but is served by multimodal transportation options. A public parking lot abuts the site to the south and the site is within two blocks of a public parking structure. Additionally, the site is served by AC Transit routes 51A, 851, O, OX, 20, 21, and 314 which all stop on the corner of Park Street and Santa Clara Avenue, adjacent to 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 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 patio will serve the community with space to enjoy their food 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 November 6, 2019, by Raymundo Reyes, 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. Access: The patio shall maintain interior access through the restaurant. The patio shall not be enlarged to obstruct exterior access to the rear of the site for the five (5) commercial tenants of the building.
4. Hours: The Permitted hours of operation for the outdoor patio will are from 10:00 AM to 10:00 PM, Sunday through Thursday and 10:00 AM to 12:00 AM, Friday and Saturday.
5. Vesting: The applicant shall obtain all necessary building permit(s) to legalize the unpermitted work within six (6) months of the approval of this use permit or by July 21, 2020. The Use Permit approval shall expire six (6) months after the date of approval or by July 21, 2020 unless authorized use of the property has commenced under required permits.
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.
6. 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.
7. 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 Planning, Building and Transportation 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: January 21, 2020_