Title
1435 Webster Street - Use Permit for Use of Parking Lot for an Outdoor Commercial Entertainment Events - Applicants: West Alameda Business Association, West End Arts District, and the Fireside Lounge. Consideration of a Use Permit to allow outdoor use of an existing parking lot at 1435 Webster Street for outdoor commercial entertainment activities. 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
Rochelle Wheeler, Senior Transportation Coordinator and Commercial Streets Planner
Executive Summary
Staff is recommending a temporary conditional use permit with limitations for the West Alameda Arts District and the West Alameda Business Association to allow use of a parking lot at the corner of Taylor Street and Webster Street for a variety of events including live concerts with amplified music. Per Alameda Municipal Code (AMC) Section 30-4.9A.c., commercial uses which are not conducted within an enclosed structure require the approval of a Use Permit.
The Planning Board may approve the use permit with conditions as recommended, may approve the use permit with different or amended conditions, or may deny the use permit if the required findings for use permit approval cannot be met.
The recommended draft conditions of approval are described below and included in the draft resolution of approval.
BACKGROUND
The use of the parking lot at 1435 Webster Street for outdoor dining and retail was originally allowed under the citywide temporary COVID use permit to allow use of outdoor spaces for commercial purposes in support of local business recovery from the COVID-19 pandemic. Weekend events were then approved by City staff in May 2021, and the temporary COIVD use permit. Over the last two months, the events have been very successful, drawing fairly large crowds of people to the Webster Street commercial district. However, some neighbors of the site, both residential and commercial, have expressed concerns to the City staff about the noise associated with amplified sound from the events and the use of public on-street parking by visitors to the venue (Exhibit 1).
Staff has since determined that the continued use of parking lot for commercial activities with amplified music should be subject to a site specific use permit under AMC Section 30-4.9A. A site specific use permit allows for customized conditions of approval, which are not possible to impose on this specific use under the citywide COVID Use Permit.
ANALYSIS
Staff recommends that the Planning Board approve a temporary use permit to allow use of the site for outdoor events until December 31, 2021. The conditions of approval recommended by staff and described below are an attempt to balance the benefits of the events for the Webster Street merchants as they work to recover economically from the 15 month COVID-19 Pandemic and minimize the negative impacts of the events on the immediate neighbors to the site. To strike this balance, staff proposes the following restrictions:
1. Term. This use permit shall expire on December 31, 2021.
2. Events per week. Use of the parking lot for commercial and community events shall be limited to no more than three (3) event days per week in July, August and September; two (2) event days per week in October and November; and two (2) events total in December.
3. Days of Week. Events shall be limited to Thursdays, Fridays, Saturdays and Sundays.
4. Amplified Sound Event Dates. Concerts and other events with amplified sound shall be limited to the following specific dates:
a. July 16, 17, 23, 24, 30 and 31
b. August 1, 6, 7, 8, 14, 21, 22 and 29
c. September 17, 18, 19 and 25
d. October 2, 9, 15, 17, 23, 30 and 31
e. November 6, 13, 26 and 27
f. December 10 and 11
5. Amplified Sound Time of Day and Duration. The use of amplified sound of any kind (i.e. live band, DJ, background music) shall terminate at 8:00 pm and be limited to a total of three (3) hours per day, plus an additional one (1) hour maximum for pre-event sound checks only.
6. Event Time of Day. Events times shall be limited as follows:
a. Thursday events limited to the hours of 5:00 pm to 8:00 pm.
b. Friday events limited to the hours of 5:00 pm to 9:00 pm.
c. Saturday events limited to the hours of 11:00 am to 9:00 pm.
d. Sunday events limited to the hours of 11:00 am to 8:00 pm.
e. Set up and breakdown activities may occur for up to 3 hours before and 2 hours after events.
7. Ticket Sales. Ticket sales shall be limited as follows:
a. Thursday events limited to 220 tickets
b. Friday events limited to 350 tickets
c. Saturday events limited to 350 tickets
d. Sunday events limited to 220 tickets.
8. Event Parking: Event organizers shall:
a. Provide parking for staff and vendors at Beacon Bank and US Bank parking lots.
b. Provide signs for the laundromat parking lot stating: “No event parking”. Provide staff to monitor to ensure non-laundromat customers are not using the laundromat lot.
c. Provide secure bike parking onsite for 12 bicycles for events with 100 to 299 attendees, and for 18 bicycles for events with 300 or more attendees.
d. Promote alternative forms of transportation (ride share, Uber/Lyft, bicycling, AC Transit, and walking) in all event advertising.
9. Public Right of Way: All activities shall be kept within the confines of the lot and traffic shall not be blocked on Taylor or Webster Street for any reason. Equipment and lighting may not obstruct vehicular traffic. No street closures shall be permitted. Attendees waiting to enter shall form a line along the sidewalk on Webster Street.
10. Fire Protection: Fire extinguisher for general use shall be located at exits and readily accessible, classification 2A:10B:C. Generators shall not be located within 20 feet of tents/canopies or adjacent residential buildings. No pyrotechnics shall be allowed.
11. Security: For ticketed events with 100 or more attendees, security staff shall be posted at both entrances and exits to the space.
12. Tents: Tent/Canopy location and layout shall be according to approved plans and shall not be located within 20 feet of buildings, lot lines and vehicles. No open flames are allowed under tents/canopies.
13. Violations and Revocation: Upon receipt of three valid complaints due to operations or use in conflict with these conditions, City staff shall schedule a public hearing to consider revocation of this use permit. This Use Permit may be modified or revoked by the Zoning Administrator, Planning Board, or City Council, pursuant to Alameda Municipal Code Section 30-21.3d should the Zoning Administrator, Planning Board, and/or City Council 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.
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 approving a temporary Use Permit for the use of a Parking Lot for Outdoor Commercial Entertainment Events at 1435 Webster Street (Exhibit 3).
Respectfully submitted,
Andrew Thomas, Planning Director
Rochelle Wheeler, Senior Transportation Coordinator and Commercial Streets Planner
Exhibits:
1. Neighborhood Correspondence
2. WEAD and WABA and Partners Statement on Mitigation Efforts
3. Draft Resolution