Title
1215 Park Street - Club House Bar Conditional Use Permit Renewal - Six Month Review. Public hearing to consider renewal of a conditional use permit for use of rear yard patio and lawn area by bar patrons. General Plan designation: Community Commercial. Zoning designation: C-C, Community Commercial District. CEQA Determination: Exempt per CEQA Guidelines Section 15301 Existing Facilities
Body
To: Honorable President and
Members of the Planning Board
From: Brian McGuire, Planner
BACKGROUND
The Club House Bar is requesting renewal of 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.
On July 12th, 2021, the Planning Board adopted resolution PB-21-06 approving a use permit with conditions including a six-month review. The condition required the applicant to submit an application for renewal and pay fees prior to January 12, 2022 in order to conduct a public hearing to review conformance with the approved conditions.
Based on neighbor concerns and staff recommendation, the Planning Board approved the use permit with a number of 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 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 patio area will be open 11:00 am to 9:00 p.m. Sunday through Thursday and until 10 p.m. on Friday and Saturday.
Prohibition on Amplified Sound. No amplified speakers, amplified announcements or live performances are allowed in the outdoor patio or garden.
Prohibition on Smoking. No smoking is allowed in the outdoor patio area. A “No Smoking” sign shall be posted in the outdoor patio area at all times.
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.
a. Good Neighbor Policy: The applicant shall work with staff to develop and post a Good Neighbor Policy on the premises. The applicant is required to enforce the Policy at all times.
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 contact 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.
Exterior Lighting. Exterior Lighting fixtures shall be limited to the patio area and shall be low intensity, directed downward below the window sills of neighboring buildings and shielded to minimize offsite glare consistent with the City’s Dark Skies Ordinance, AMC Section 30-5.16.c.
Privacy Screening. The applicant shall install a new privacy fence along the rear property line that is eight feet tall, as permitted in AMC Section 30-5.14. Final design shall have input from adjacent residential neighbors.
Revocation. 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.
ANALYSIS
Over the six months since the use permit was approved, staff have visited the property on multiple occasions to observe operations and verify compliance with conditions. During this time staff have received one e-mail from a neighbor identifying an incident involving noise in apparent violation of the use permit noise and patio use conditions. Staff immediately contacted the business owner to review the complaint. No additional emails or code enforcement complaints have been received by the Planning Division or the Code Enforcement Division.
Around the same time as the use permit was issued, the applicant constructed a parklet on Park Street in front of the business as part of the City’s Commercial Streets Program. This space has given patrons an alternative outdoor option that has reduced the bar’s reliance on the patio and lawn areas.
Staff believes that the applicant has been operating in a manner consistent with the approved use permit. The draft resolution, Exhibit 1, contains all of the same conditions as previously approved by the Planning Board with the exception of the six-month review, which has been removed. Additionally, after observing current conditions, staff is proposing one new condition about maintaining a landscaping buffer between the lawn area and backyard fences as an attractive long-term method of minimizing potential conflict or privacy concerns.
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 renewal of a Use Permit for outdoor seating in the rear patio and lawn area at 1215 Park Street.
Respectfully submitted,
Andrew Thomas, Planning Director
By: Brian McGuire, Planner
Exhibit:
1. Draft Resolution
2. Site Plan