Title
1435 Webster Street - Temporary Use Permit for Use of Parking Lot for Outdoor Commercial Entertainment Events - Applicants: West Alameda Business Association, West End Arts District, and the Fireside Lounge. Consideration of a Temporary 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 End Arts District, West Alameda Business Association and Fireside Lounge 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.
On July 12, 2021, the Planning Board held a study session and received public comment on the proposed use permit. The Board also provided direction to staff and posed questions for staff consideration. (The full July 12 agenda item, with neighborhood correspondence and submitted
public comments, can be found here: <https://alameda.legistar.com/LegislationDetail.aspx?ID=5015998&GUID=32EB7A38-1B69-4E6F-9179-03FA5B10708B&Options=&Search>=.)
The recommended conditions of approval in the Draft Resolution addresses the Board direction from July 12, 2021.
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. Larger amplified music events and larger fairs were then approved by City staff in May 2021. 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 and the applicants have worked with the neighbors over time to try to reduce these impacts, as described in 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. The use of the parking lot for events is not anticipated to be long term, because there are entitlements approved for a nine-unit residential/commercial mixed used building on the site that is currently going through building plan review.
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.
In response to Board member comments and questions at the July 12th Planning Board meeting, staff revised a number of conditions as follows:
Condition 2 was added to clarify that a wide variety of events may be offered ranging from small quiet yoga classes with 25 people to larger fairs that may last all day and attract large numbers of attendees over the course of the day. The remaining conditions establish the limitations on different types of activities within the spectrum of possible events and uses for the outdoor space.
Conditions 3, 4 and 7 were revised to clarify that “events” includes both those with and without amplified sound.
Condition 5 limits events with amplified sound, whether it is a live performance or background music, to a shorter list of specific dates. By listing the dates, staff is hoping that residents will be better able to plan their days and weekends knowing when such events may be happening. Events may occur on dates other than those listed in Condition 5, but those events will not include amplified noise or music. Events without amplified sound are still subject to the limitations in Conditions 3, 4 and 7. An updated schedule from the applicants, showing hours of scheduled amplified and non-amplified events, is attached as Exhibit 2
The conditions allow events on Sundays, as requested by the applicants. However, the conditions require all Sunday events to end one hour earlier than on Fridays and Saturdays. (See condition 7.) Sundays are popular times for events, and allow more people to attend, including families.
The maximum number of tickets allowed, as shown in Condition 8, was proposed by the applicants and modified by staff. Condition 8 recognizes that Friday and Saturday are the two best days for accommodating larger events. Thursday and Sunday should be avoided for the largest events.
Condition 11 was modified to clarify and consolidate all public safety conditions and clarify that all physical structures and sound-proofing drapery shall be reviewed by the City of Alameda to ensure compliance with Building and Fire Safety codes.
Condition 12 was added requiring the applicants to provide their contact information to neighbors.
The draft Resolution includes the following conditions:
1. Term. This use permit and the use of the site for commercial events shall expire on December 31, 2021.
2. Type of Events: Types of events may include music (live, recorded, DJ, amplified, and acoustic), live dance performances, crafts markets, art exhibitions, “flea market” type fundraisers, spoken word events, free community events (such as yoga), and private events such as corporate rentals and wedding receptions.
3. Event days per week. Use of the site for commercial and community events, whether with or without amplified sound, 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 three (3) event days total in December.
4. Event Days of Week. Use of the site for commercial and community events, whether with or without amplified sound, shall be limited to Thursdays, Fridays, Saturdays and Sundays.
5. Amplified Sound Event Dates. Concerts and other events with amplified sound shall be limited to the following specific dates:
a. July 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 4, 10, and 11.
6. 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.
7. Event Time of Day. Events times, whether they have amplified sound or not, 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 9:00 am to 9:00 pm. Between 9:00 and 11:00 am, events are limited to 30 people or less.
d. Sunday events limited to the hours of 9:00 am to 8:00 pm. Between 9:00 and 11:00 am, events are limited to 30 people or less.
e. Set up and breakdown activities may occur for up to 3 hours before and 2 hours after events.
8. 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.
9. 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.
10. 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.
11. Public Safety. All physical structures and sound-proofing drapery shall be reviewed by the City of Alameda to ensure compliance with Building and Fire Codes. 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. 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.
12. Organizer Contact. Applicants will provide their contact information to residential and commercial neighbors by posting on the site that informs the public who to call so that they may report on issues and concerns.
13. Security. For ticketed events with 100 or more attendees, security staff shall be posted at both entrances and exits to the space.
14. 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. WEAD and WABA and Partners Statement on Mitigation Efforts
2. List of scheduled amplified and non-amplified events
3. Draft Resolution