Title
PLN20-0463 - Administrative Use Permit - 2337 Blanding Avenue - Applicant: Gary Chan. Public hearing to consider an Administrative Use Permit to allow the use of an existing 2,000-square-foot rear patio for restaurant outdoor dining. The outdoor patio will operate between the hours of 11:00 AM to 12:00 AM, Monday through Sunday. No changes are proposed to the exterior of the building.
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CITY OF ALAMEDA
PLANNING, BUILDING AND TRANSPORTATION DEPARTMENT
ADMINISTRATIVE USE PERMIT
ITEM NO: 3-A
PROJECT
DESCRIPTION: PLN20-0463 - Administrative Use Permit - 2337 Blanding Avenue - Applicant: Gary Chan. Public hearing to consider an Administrative Use Permit to allow the use of an existing 2,000-square-foot rear patio for restaurant outdoor dining. The outdoor patio will operate between the hours of 11:00 AM to 12:00 AM, Monday through Sunday. No changes are proposed to the exterior of the building.
GENERAL PLAN: Community Commercial
ZONING: NP-WD, North Park Street - Workplace 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: Henry Dong, Planner III
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.
BACKGROUND/PROPOSAL SUMMARY:
Restaurants are a permitted use within the NP-WD 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 patio is adjacent to surrounding land uses which include commercial uses to the south, east, and west and the Oakland estuary to the north.
On November 9, 2020, the applicant submitted an application for a use permit for the use of an existing rear patio for restaurant outdoor dining at “Dragon Rouge Bistro” at 2337 Blanding Avenue (Exhibit 1). The rear patio is approximately 2,000 square feet in size and have been used by previous restaurant operators as outdoor seating without the benefit of a use permit. The current proposal for the use of the patio includes 16 tables to accommodate up to 120 customers. Patrons access the patio through an interior connection from the restaurant to the patio. The outdoor patio will maintain the same hours of operation as the restaurant, between 11:00 A.M. to 12:00 A.M., Monday through Sunday.
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 located at the rear of the existing Dragon Rouge Bistro restaurant within the Park Street Landing Shopping Center. The rear patio area will provide outdoor dining for the community and nearby businesses to enjoy. The patio is located behind the building adjacent to the estuary and does not interfere with the tenants of the subject site. The patio is operationally harmonious with the surrounding development because it is accessed through the restaurant, for which the restaurant building itself serves as a physical buffer between the patio and surrounding land uses. The patio is also separated from surrounding uses by the Park Street Bridge, the parking lot of the shopping center, and the estuary, which makes it for a good setting for an outdoor use. The patio will be used during the same hours of operation as the restaurant, which is between 11:00 A.M. to 12:00 A.M., Monday through Sunday. Therefore, the outdoor patio is compatible with the site and the surrounding development.
2. The proposed use will be served by adequate transportation and service facilities, including pedestrian, bicycle and transit facilities. The subject site is within the Park Street Landing, a fully developed shopping center with off-street parking within an existing shared parking lot. The site is also served by multimodal transportation options including bus routes, bicycle paths, and pedestrian paths. The site is served by AC Transit routes 20, 21, and OX which all stop on the corner of Park Street and Clement Avenue, one block from the site. The site is also served by bike lanes and pedestrian walkways that run along Blanding Avenue and connect with the surrounding bike/ped circulation.
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 and patrons of the Park Street commercial area. The conditions of approval also require compliance with the City’s Noise Regulations, which would minimize noise impacts to surrounding uses.
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 9, 2020, by Gary Chan, 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. Hours: The permitted hours of operation for the outdoor patio is from 11:00 A.M. to 12:00 A.M., Monday through Sunday.
4. Noise: The use of amplified loudspeakers or generators is not permitted with the use of the outdoor patio, except the use of speakers for ambient music may be permitted if directed inward and the volume level is operated in compliance with the City’s Noise Ordinance, AMC Section 4-10. This use permit does not permit outdoor entertainment within the outdoor areas, including live performances, amplified loudspeakers, or electronic displays. All outdoor activity shall comply with the City’s Noise Ordinance, AMC Section 4-10.
5. Lighting: New exterior lighting fixtures shall be low intensity, directed downward and shielded to minimize offsite glare, and compliant with the Alameda Dark Skies Ordinance (AMC Section 30-5.16.c), as applicable.
6. Compliance with All Applicable Laws and Regulations: It shall be the Applicant’s responsibility to ensure the use of the patio complies with all applicable laws and regulations, including permit, license, approval, inspection, reporting, and operational requirements of other local, state or federal agencies. The Applicant shall provide copies of other agency and department permits, licenses, or certificates upon request to serve as verification of such compliance.
7. Vesting: The Use Permit approval shall expire two (2) years after the date of approval or by December 7, 2020 unless authorized 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 Planning Director and must be filed prior to the date of expiration.
8. 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.
9. Indemnification. To the maximum extent permitted by law, the applicant (or its successor in interest) shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City of Alameda, its City Council, City Planning Board, officials, employees, agents and volunteers (collectively, “Indemnitees”) from and against any and all claims, actions, or proceedings against Indemnitees to attack, set aside, void or annul an approval by Indemnitees relating to this project. This indemnification shall include, but is not limited to, all damages, losses, and expenses (including, without limitation, legal costs and attorney’s fees) that may be awarded to the prevailing party arising out of or in connection with an approval by the Indemnitees relating to this project. The City shall promptly notify the applicant of any claim, action or proceeding and the City shall cooperate in the defense. The City may elect, in its sole discretion, to participate in the defense of said claim, action, or proceeding and the applicant (or its successor in interest) shall reimburse the City for its reasonable legal costs and attorneys fees.
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:
10. 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.
11. 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).
12. 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).
13. 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.
14. 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.
15. 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).
16. 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.
17. The applicant shall provide outdoor customers with three well-marked, outdoor waste containers for the three waste streams collected in Alameda: Recycle, Compost, Landfill.
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: December 7, 2020_
Allen Tai, Zoning Administrator