Title
1215 Park Street - Use Permit for Use of an Outdoor Rear Patio and Yard - Applicant: Club House Bar. Consideration of a Use Permit to allow outdoor use of an existing rear patio and yard area behind the Club House Bar for outdoor seating. The project is located within the C-C-T (Community Commercial, Theater Combining) Zoning District. The project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 - Existing Facilities and 15183 - Projects Consistent with General Plan and Zoning
Body
To: Honorable President and
Members of the Planning Board
From: Andrew Thomas, Planning Director
BACKGROUND
The Club House Bar is requesting a conditional use permit to allow for the use of an existing patio and backyard area for outdoor seating for patrons of the Club House Bar. Per Alameda Municipal Code (AMC) Section 30-4.9A.c., use of the outdoor space by a commercial business requires approval of a Conditional Use Permit.
The outdoor area, is comprised of a small patio immediately behind the building and a small lawn area behind the patio, which is separated from the rear patio by a fence and gate. The adjoining property adjacent to the rear yard is residential.
ANALYSIS
Use permits of this nature are often approved by the Zoning Administrator, but in instances where an application generates neighborhood controversy or significant public interest, the Zoning Administrator may refer the matter to the Planning Board for consideration. With this current Use Permit, several residential neighbors have expressed concerns about noise and other disturbances in anticipation of the restaurant’s proposed use of the rear patio. In 2019, just prior to the pandemic, the Planning Board reviewed and approved a use permit for the use of the adjacent rear patio for the Spinning Bones Restaurant.
Under the use permit process, the Planning Board can impose conditions on the use permit that ensure the proposed use relates favorably to other property and uses. The Planning Board may also find the use of the open areas is not compatible with adjacent land uses and deny the application for the use permit.
Based on a review of the proposal and the neighbors’ concerns, staff is recommending approval of the use permit with specific conditions of approval relating to hours, noise, and lighting to ensure the outdoor patio operates harmoniously within the existing neighborhood. The specific conditions include:
Hours of Use The use of the outdoor areas shall be limited to the following locations and times:
• The rear lawn area shall be closed to use Monday through Friday. On Saturday and Sunday, the lawn area will be limited to the hours of 11:00 am to 6 p.m. or dusk, whichever comes first.
• The small patio area between the lawn area and the bar itself may be open for outdoor seating from 11:00 am to 9:00 p.m. Sunday through Thursday and until 10 p.m. on Friday and Saturday.
Amplified Sound. The use of live or amplified music or announcements shall be prohibited in the back yard and patio areas.
Smoking. Smoking shall be prohibited in the back yard and patio areas.
Signs. Signs shall be posted in the back yard and patio areas informing patrons of the need to be respectful, mindful, and courteous of the adjacent neighbors.
Video. The back patio area shall be equipped with surveillance cameras to enable the staff to monitor activities on the patio area at all times.
Phone Numbers. The applicant shall provide neighbors with a direct line that can be used to talk to the staff when the noise in the rear patio or yard is becoming excessive or if patrons are not acting courteous or mindful of the needs of the neighbors.
Lighting All outdoor lighting shall comply with the City’s dark skies ordinance and be designed to shield light spill over into adjacent properties. The lighting shall be restricted to the patio area.
Privacy Screening. The Bar shall provide an eight (8) foot privacy fence between the lawn area and the adjacent residential properties.
Revocation Upon receipt of three verified complaints of violation of the conditions, staff will schedule a public hearing to consider revocation of the Use Permit.
PUBLIC NOTICE AND COMMENTS
Property owners and residents within 300 feet of the project’s boundaries were notified of the public hearing and given the opportunity to review and comment on the proposal.
ENVIRONMENTAL REVIEW
This project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 - operation, permitting or leasing of existing private structures involving negligible or no expansion of use beyond that which exists. None of the exceptions to the categorical exemptions apply. As a separate and independent basis, the project is also exempt from CEQA pursuant to CEQA Guidelines Section 15183 (projects consistent with General Plan and Zoning).
RECOMMENDATION
Adopt the Draft Resolution (Exhibit 1) approving a Use Permit for outdoor seating in the rear patio at 1215 Park Street.
Respectfully submitted,
Andrew Thomas, Planning Director
Exhibit:
1. Draft Resolution
2. Site Plan and Photos