Title
PLN19-0569 - Use Permit Amendment - 2431 Central Avenue - Applicant: Alameda Comedy Club LLC. Public hearing to consider an amendment to use permit (UP02-0003) to convert an existing sports bar use to allow: 1) scheduled live comedy theatre, 2) incidental tavern use, 3) outdoor seating in a 560-square-foot rear patio, and 4) extended hours of operation for the comedy club until 1:00 AM daily with the outdoor patio hours limited to 10:00 PM. 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-B
PROJECT
DESCRIPTION: PLN19-0569 - Use Permit Amendment - 2431 Central Avenue - Applicant: Alameda Comedy Club LLC. Public hearing to consider an amendment to use permit (UP02-0003) to convert an existing sports bar use to allow: 1) scheduled live comedy theatre, 2) incidental tavern use, 3) outdoor seating in a 560-square-foot rear patio, and 4) extended hours of operation for the comedy club until 1:00 AM daily with the outdoor patio hours limited to 10:00 PM. 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
2. Previous Use Permit UP02-0003
RECOMMENDATION: Approve the project with conditions.
PROPOSAL SUMMARY:
On November 21, 2019, the applicant submitted an application to amend an existing use permit (UP02-0003) to convert a former sports bar to allow a live comedy theatre with a tavern, outdoor seating, and extended hours of operation at 2431 Central Avenue (Exhibit 1). The previous use permit UP02-0003 legalized a tavern with extended hours of operation until 2:00 AM daily and allowed the use of the outdoor patio (Exhibit 2). The tenant space is 2,578 square feet, and has been vacant since 2015, most recently occupied by Scobies Sports Bar and Grill. Pursuant to Alameda Municipal Code (AMC) 30-4.9A, live theatre, taverns, hours of operation after 10:00 PM and any permitted use which is not conducted within an enclosed structure require the approval of a use permit. The subject use permit will supersede the previous use permit UP02-0003.
The applicant is requesting this use permit to allow scheduled live comedy theatre within the building. The applicant has obtained building permits for interior tenant improvements which include converting approximately 1,777 square feet of the tenant space into the comedy club by removing the former central bar and replacing it with a stage. The space will maintain the commercial kitchen and construct a smaller bar at the rear of the club. The applicant will also construct a ramp from the front of the property to the east side door for handicap access. A new gate at the front of the property will be erected which will provide access to the ramp and to the outdoor patio. The patio is located at the rear of the property and is approximately 560 square feet.
The use permit will allow the club and tavern to operate during the proposed hours of operation from 11:00 AM to 1:00 AM, daily. In order to minimize noise impacts outside, the patio will only be allowed to operate until 10:00 PM, as outlined in the Conditions of Approval below. To further minimize impacts to neighbors, the project is conditioned to prohibit live music, performances, and amplified speakers within the outdoor patio. In addition, the City’s Dark Skies Ordinance (AMC Section 30-5.16.c) requires all new exterior lighting be directed downward and fully shielded to eliminate off-site glare. All exterior lighting are conditioned below to allow only Ordinance-compliant fixtures that are required for applicable health and safety requirements, such as exit lighting required under the Building Code.
The comedy club is a compatible use with the neighborhood. It is located on the main level of a mixed use building. A single residential unit above the club is occupied by the property owner’s family member who is the primary point-of-contact for the commercial space. North and east of the subject site are private parking lots. To the west of the site is a medical facility with hours of operation from 8:00 AM to 7:00 PM. Across the street, to the south of the site is an apartment complex.
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. As conditioned, the proposed comedy club, tavern, outdoor patio and extended hours of operation until 1:00 AM, daily, are compatible with other commercial and residential land uses in the surrounding neighborhood area. The live theatre performances will be conducted indoors and based on a predetermined schedule which will be posted on a marquee on the front of the building. The proposed outdoor patio is an option for customers to congregate between acts and during times where there are no scheduled performances. The project is conditioned to prohibit live or amplified music in the patio that would be incompatible with neighboring residential uses. Additionally the project is conditioned to limit the hours of patio use to between 11:00 A.M. and 10:00 P.M. to eliminate any possibility of night time and early morning disturbances.
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. The site is within one block of a public parking structure on Park Avenue. Additionally, the site is served by AC Transit routes 51A, 851, O, OX, 20, 21, and 314 which all within one block of 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 and renovating a vacant commercial building. The business will also have a positive impact in the neighborhood by providing entertainment, 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 21, 2019, by Nick Sowers, 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. Posting of Use Permit and Conditions: A copy of this Use Permit and conditions of approval shall be posted on the premises at all times. Restaurant employees shall be informed of these conditions of approval and limits of this Use Permit.
4. Hours of Operation: The hours of operation for the comedy club and tavern indoor use shall be 11:00 AM to 1 Am, daily. The hours for customers to use the outdoor patio shall limited to between the hours of 11:00 AM and 10:00 PM, daily. The applicant shall restrict customer use of the patio outside of these hours. A sign shall be placed in the entrance of the outdoor patio stating “No Customer Access to Patio After 10:00 P.M.”
5. Limitation on Outdoor Patio Use: No live music or amplified speakers are allowed in the outdoor patio. No smoking is allowed in the outdoor patio area. A “No Smoking” sign shall be posted in the outdoor patio area at all times.
6. Noise Ordinance: The applicant shall ensure that all operations are conducted in conformance with the Noise Ordinance, AMC Section 4-10.
7. Exterior Lighting: New exterior lighting fixtures shall be low intensity, directed downward and shielded to minimize offsite glare consistent with the City’s Dark Skies Ordinance, AMC Section 30-16.c. Exterior lighting shall be limited to light fixtures required by applicable health and safety codes.
8. ABC License: The applicant shall obtain all necessary licenses from Alcohol Beverage Control (ABC) to allow alcohol consumption in the outdoor patio.
9. Access: The front gate accessing the rear patio and the club shall remain operable at all times. The club shall maintain handicap access through the front gate to the east side door. However, the east side door shall remain closed during business hours to minimize any potential negative noise impacts associated with the tavern use.
10. Vesting: The Use Permit approval shall expire two (2) years after the date of approval or by January 21, 2022 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.
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 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_