Title
Conditional Use Permit for Alameda Commercially Zoned Properties. Public hearing to consider a Use Permit to allow the temporary use of privately owned outdoor space and parking lots and City owned sidewalks and on-street parking spaces in certain commercially zoned districts for retail and commercial purposes during the COVID-19 Health Emergency. The project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15301 - Minor Alteration of Existing Facilities, 15304(e) - Minor Temporary Use of Land, and 15305 - Minor Alterations to Land Use Limitations
Body
To: Honorable President and
Members of the Planning Board
From: Andrew Thomas
Planning, Building and Transportation Director
Executive Summary
In an effort to assist in slowing the spread of COVID-19 while supporting the economic recovery of local businesses, the City of Alameda (City) is proposing a citywide temporary use permit for commercial and retail uses in outdoor spaces located in certain commercially zoned districts. The Alameda Municipal Code (AMC) requires a business to apply for and receive a conditional use permit for “any permitted use… which is not conducted within an enclosed structure”. The proposed regulations would expire with expiration of the County Health Order requirements for social distancing in response to the COVID-19 pandemic.
BACKGROUND
On March 17, 2020, following emergency declarations by the federal, state and county governments, and a shelter in place order issued by the Health Officer of the County of Alameda, the Alameda City Council adopted an urgency ordinance (Ordinance No. 3267) declaring the existence of a local emergency in response to the COVID-19 pandemic (as amended and extended by Ordinance No. 3272, City Emergency Declaration). Due to the shelter in place and related COVID-19 orders, many of Alameda’s small businesses and restaurants have seen dramatic declines in revenue. Some have temporarily closed, while others have reduced businesses hours and/or limited their operations to delivery and take out. According to a recent Alameda Chamber of Commerce online survey of 68 businesses, 35 businesses (51 percent) have temporarily closed while another 21 businesses (31 percent) have reduced hours or cut back operations.
The County Health Officer has issued a number of updated shelter in place orders (most recently Order 20-14 on June 5, 2020) that direct all individuals in the County to comply with social distancing measures and other restrictions necessary to control the spread of COVID-19. The COVID-19 pandemic and the restrictions imposed by the shelter in place orders, including social distancing requirements, have had a devastating impact on the local economy. Many economists anticipate steep job losses, particularly in sectors supported by consumer spending. The retail, hospitality and food service industries are considered the most vulnerable sectors.
The City anticipates that many local businesses that rely on customers visiting their establishments (e.g. restaurants, retail stores, personal service businesses, etc.) will need additional space to accommodate social distancing requirements as they begin to re-open and in some instances, expand beyond delivery and carry out.
To help address these needs, the City is pursuing a variety of immediate actions, including but not limited to:
• Reducing the number of automobile travel lanes within the Park Street and Webster Street Commercial Districts to allow for expansion of the sidewalk space in front of businesses in those areas.
• Revising the sidewalk encroachment permit requirements to ensure adequate space for pedestrians as well as local businesses that wish to expand their operations onto the sidewalk or parking isle in front of their businesses.
• Establishing temporary local land use regulations governing the use of privately owned outdoor space and parking lots and City owned sidewalks and on-street parking spaces located in certain commercially zoned districts to allow commercial businesses to use those spaces in support of their economic recovery.
discussion
As Alameda businesses begin to re-open after months of extended closures and limited operations resulting from the COVID-19 pandemic and restrictions imposed by the shelter in place orders, they will need additional space to accommodate social distancing requirements and reduce the rate of transmission of COVID-19 among employees and customers. Privately owned outdoor space that may have been used previously for automobile parking or for “back of house” storage may be needed for customer waiting areas, temporary retail display, outdoor services, such as yoga classes or exercise classes, and/or outdoor seating for restaurants.
The AMC requires a business to apply for and receive a conditional use permit for “any permitted use… which is not conducted within an enclosed structure”. Given the AMC requirements for public notice, public hearings, and findings for each conditional use permit, and the staff resources and time necessary to process use permits, staff is proposing a citywide conditional use permit for the duration of the COVID-19 health emergency, subject to the following:
• The temporary use permit would only apply to commercial properties located in the following zoning districts: C-1 Neighborhood Business District, C-2 Central Business District, CC-Community Commercial District, NP North Park Street Gateway and Workplace Districts, and the M-X Mixed Use District. These zoning districts include the Park Street and Webster Street Business Districts; Alameda Landing, Harbor Bay, Blanding, Marina Village, and South Shore shopping centers, and the C-1 “Stations” located along Lincoln Avenue and Encinal Avenue. The temporary use permit would not apply to any other commercially zoned districts.
• The temporary use permit would allow any business with an active business license and up-to-date Business Improvement Area assessments, if applicable, to use privately owned outdoor space and parking lots on the subject properties and City owned sidewalks and on-street parking spaces for retail and commercial uses, including customer services, customer seating, and/or display and sale of retail products.
• The temporary use permit would require compliance with all applicable County Health Orders and City requirements related to the COVID-19 pandemic as well as laws and regulations of applicable agencies such as the County Department of Environmental Health and State Department of Alcoholic Beverage Control.
• The temporary use permit would allow any business with an active, current encroachment permit and/or parklet permit to use City-owned sidewalk space and/or on-street public parking spaces for the above described customer services. (City staff is currently working to establish standard requirements for encroachment permit and parklet permits for the use of City owned sidewalk space and/or on-street parking spaces.)
• The temporary use permit would allow retail and commercial use of outdoor spaces between the hours of 7AM to 10PM Sunday through Thursday and 7 AM to Midnight on Friday and Saturday. Businesses requiring later hours may apply for individual use permit approval from the Zoning Administrator.
• The temporary use permit would not allow for amplified music, the use of loudspeakers, or service of alcoholic beverages not associated with a restaurant use. All businesses must comply with the City Noise Ordinance.
• Businesses with existing use permits for outdoor use shall comply with the requirements of both the existing use permit and the temporary use permit. In the event of conflicting provisions, the provisions of the temporary use permit shall govern.
• The temporary use permit may be modified and/or revoked for any individual property that violates the requirements by the Zoning Administrator, Planning Board and/or City Council, without the need to modify and/or revoke the use permit for all other properties.
• The temporary use permit will terminate with expiration of the County Health Order requirements for social distancing in response to the COVID-19 pandemic unless revoked or extended by the Zoning Administrator, Planning Board and/or City Council prior to such expiration.
PUBLIC NOTICE and Comments
The public was notified of the public hearing and given the opportunity to review and comment on the proposal by notification in the local newspaper. As of the writing of this report, no comments specific to this use permit request were received by staff.
ENVIRONMENTAL REVIEW
This project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15301 Existing Facilities, 15304(e) - Minor Temporary Use of Land Having Negligible or No Permanent Effects on the Environment, and 15305 - Minor Alterations to Land Use Limitations, and none of the exceptions apply.
RECOMMENDATION
Hold a public hearing and adopt the Draft Resolution approving a Use Permit for the temporary use of outdoor spaces for retail and commercial purposes.
Respectfully submitted:
Andrew Thomas, Planning Building and Transportation Director
Exhibits:
1. Draft Resolution