Title
Public Hearing to Consider Introduction of Ordinance Amending Alameda Municipal Code Chapter 30 (Development Regulations) to Delete Section 30-12.2 Requiring a Distance Separation of 1,000 Feet Between Bars in Alameda, as Recommended by the Planning Board. (Planning, Building and Transportation 481005)
Body
To: Honorable Mayor and Members of the City Council
EXECUTIVE SUMMARY
In December 2020, the City of Alameda (City) received a request from the West Alameda Business Association (WABA) for the Planning Board to initiate a Zoning Amendment to allow bars to be located within 1,000 feet of another bar. Approval of the amendment would allow an existing bar (The Hunter Public House) on Webster Street to move to a new location on Webster Street. WABA, as well as The Fireside, an existing bar that is located within 1,000 feet of The Hunter Public House’s intended new location, both support the request. Continuing efforts to support local businesses, staff expedited the review of this request.
Currently, Alameda Municipal Code (AMC) section 30-12.2 prohibits a bar from locating within 1,000 feet of another bar. On January 25, 2021, the Planning Board held a public hearing and unanimously recommended the City Council adopt the draft ordinance to eliminate the 1,000-foot distance separation requirement between bars.
BACKGROUND
Currently, existing bars in Alameda are closed due to the COVID-19 pandemic, but prior to the pandemic, there were approximately nine operating bars in Alameda: two on Webster Street, five on Park Street, and two grandfathered bars in the C-1 districts. Staff believes that at least two of these bars do not plan to reopen after the pandemic. All of the drinking establishments at Alameda Point, such as Faction Brewery, are manufacturing facilities with accessory tasting rooms. They are not defined as bars under the AMC, therefore the Alameda Point operations are not required to be 1,000 feet apart.
Pursuant to AMC section 30-1, a bar is defined as “a place where alcoholic beverages are sold in unpackaged form for consumption on the premises, does not include food prepared in a kitchen located on the premises and does not admit persons under the age of twenty-one (21). This classification includes businesses with Alcoholic Beverage Control (ABC) licenses 40, 42, 48, 49, or 61”. In other words, a “bar” is an establishment that sells alcoholic beverages for consumption on site, but the establishment does not provide food prepared on site. If the establishment makes food on site, by definition it is not a “bar”, it is a restaurant or a tavern.
Further, based on the AMC, bars are restricted to the Park Street and Webster Street commercial districts and Alameda Point. Specifically, bars are conditionally permitted in the CC-Community Commercial District, North Park Street District, and the Alameda Point Zoning District. Bars are not allowed in any other zoning districts in Alameda.
The AMC also requires a new bar to secure a Conditional Use Permit, approved by the Planning Board. The Planning Board must deny a use permit for a new bar in the Park Street, Webster Street or Alameda Point zoning districts if it is unable to make all of the required findings in AMC section 30-21.3. For example, if an applicant proposes to locate a bar at a site in the CC District immediately adjacent to a high school or a drug and alcohol addiction clinic, the Planning Board would be required to deny the application if it is unable to find that the location of the proposed use is compatible with these other land uses or that the proposed use is operationally harmonious with the community and surrounding development, or that it will not adversely affect other property in the vicinity, based on evidence presented at the hearing.
DISCUSSION
The Planning Board and staff support the removal of the 1,000 foot buffer requirement for the following reasons:
• The existing conditional use permit process authorizes the issuance of a use permit only if the Planning Board can make all use permit findings required in AMC section 30-21.3. To approve a use permit, the Planning Board must find that “[t]he location of the proposed use is compatible with other uses in the general neighborhood area, and the project design and size is architecturally, aesthetically, and operationally harmonious with the community and surrounding development.” AMC section 30-21.3.b.1. In addition, the Planning Board must also find that “[t]he 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 a substantial deleterious effects on existing business districts or the local economy.” AMC section 30-21.3.b.4. The standards for use permits authorize the Planning Board to review locations for proposed bars and determine if the proposed bar is too close to another bar or a school or other sensitive use. The Planning Board must deny a use permit application if it is unable to make all of the required findings.
• The City’s Economic Development Strategic Plan, the General Plan, and the Zoning Code are designed to concentrate bars, restaurants, movie theatres, and similar entertainment and visitor serving venues on Park Street and Webster Street and at portions of Alameda Point. A successful entertainment district has a critical mass of venues all within easy walking distance. In recent years, Alameda has also become known for Spirits Alley and several brands of locally produced alcoholic beverages. This industry has become an important part of Alameda’s economic development and culture.
• There is no difference to the public health, safety and general welfare if three bars are located within 1,000 feet of each other or with a 1,000 foot distance separation between each bar. Through the use permit process, the Planning Board can impose conditions of approval to address potential off-site impacts such as noise, litter, or bad behavior by customers, such as smoking on the sidewalk. Impacts to adjacent neighbors will be avoided by use permit conditions and enforcement of those conditions on each establishment. A 1,000 foot buffer provides little if any of these protections for neighbors. Further, the Police Department staff reviewed the proposed amendment and raised no concerns.
• If the 1,000 foot buffer requirement is in fact intended to establish a limit on the number of bars in a district, then the City should consider establishing a clear a numerical limit, similar to what the City did with cannabis dispensaries. In this case, given the limited total number of bars in Alameda and the possibility that some bars may not re-open post-COVID pandemic, the Planning Board and staff do not believe there is a need for a numerical limit on bars on Park Street or Webster Street. At some future date, if the City Council is concerned by an unusually high number of use permit applications for bars, the City Council may consider a numerical limit for each district. The Planning Board and staff believe it is premature to consider such a limit at this time.
ALTERNATIVES
The City Council may:
• Adopt the ordinance, as recommended by the Planning Board.
• Adopt the ordinance with modifications.
• Not adopt the ordinance, thereby maintaining the 1,000 foot distance separation requirement for bars.
FINANCIAL IMPACT
There is no financial impact from amending the AMC. The costs associated with any potential future applications for Conditional Use Permits would be recovered by the applicants per the Master Fee Resolution.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
The analysis provided above describes the AMC and policy context for the recommendation.
ENVIRONMENTAL REVIEW
Adoption of this ordinance is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15061(b)(3), the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment, and 15183, projects consistent with a community plan, general plan, or zoning, each as a separate and independent basis.
The zoning code currently allows bars, subject to a use permit. The proposed amendment would not change the use permit requirement, it simply eliminates the 1,000 foot distance separation requirement between such uses. Allowing a bar to be located less than 1,000 feet from another bar would not have any lesser or greater impact on the natural environment than requiring the bar to be located at least 1,000 feet from another bar.
CLIMATE IMPACT
The proposed change would not have any significant or measurable implications for the City’s climate protection and greenhouse gas reduction goals.
RECOMMENDATION
Introduce an ordinance amending Alameda Municipal Code Chapter 30 (Development Regulations) to delete Section 30-12.2 requiring a distance separation of 1,000 feet between bars in Alameda.
CITY MANAGER RECOMMENDATION
The City Manager concurs with the Planning Board and Planning, Building and Transportation Director’s recommendation.
Respectfully submitted,
Andrew Thomas, Planning Building and Transportation Director
By,
Allen Tai, City Planner
Financial Impact section reviewed,
Annie To, Finance Director
Exhibit:
1. Correspondence
cc: Eric Levitt, City Manager