Title
Conditional Use Permit for Alameda Commercially Zoned Properties. Public hearing to consider an Amendment to Use Permit PLN20-0215 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
On June 22, 2020, in an effort to assist in slowing the spread of COVID-19 while supporting the economic recovery of local businesses, the City of Alameda Planning Board adopted Resolution PB-20-13 approving a citywide temporary use permit (PLN20-0215) 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 use permit will expire with expiration of the County Health Order requirements for social distancing in response to the COVID-19 pandemic.
Since June, staff has discovered that the Alameda Point zoning districts were inadvertently left out of the resolution, and that certain aspects of the permit related to outdoor performances, music and tents needed to be adjusted.
Staff is recommending that the Planning Board approve the amendments to Use Permit PLN20-0215.
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.
Many local businesses that rely on customers visiting their establishments (e.g. restaurants, retail stores, personal service businesses, etc.) 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 has:
• Approved a temporary Use Permit 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.
• Reduced 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, and
• Revised the sidewalk and parklet 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.
discussion
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, on June 22, 2020, the Planning Board adopted Resolution PB-20-13 approving a citywide conditional use permit (PLN20-0215) 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 for the duration of the COVID-19 health emergency.
The temporary use permit applies 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, Bridgeside, Marina Village, and South Shore shopping centers, and the C-1 “Stations” located along Lincoln Avenue and Encinal Avenue.
Staff inadvertently did not include the Alameda Point Zoning Districts as well as a small number of businesses in a PD (Planned Development) overlay zone, including Ballena Bay and specific properties near Atlantic and Webster Street. The attached resolution includes these commercial districts and clarifies that:
• Any amplified or live music must be in compliance with the City of Alameda Noise Ordinance and the current Alameda County Health Orders in effect at the time.
• Tents that are under 400 square feet in size may be erected in private off street parking lots to provide shade provided that heaters of any kind shall not be used under tents or umbrellas and that the use of tent walls shall allow for open air flow and meet the current County Health Orders.
As originally approved in June, 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. Staff also coordinated with the City’s Economic Development Division as well as local business owners and business associations. These changes directly address specific business requests brought up regarding outdoor commercial use in Alameda Point and also outdoor music.
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 the amended 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