Title
PLN21-0475 - Administrative Use Permit - 651 West Tower Avenue (Alameda Point, Bldg 91) - Applicants: Marieca Tye on behalf of Admiral Maltings; Almanac Brewing Company. A public hearing to consider an Administrative Use Permit to allow outdoor dining and beer garden operations in the parking lot between the building and West Tower Avenue. The property is located within the AP-AR, Alameda Point - Adaptive Reuse Zoning District. The property is a contributing structure within the Naval Air Station Historic District. The Alameda Point Final EIR (State Clearinghouse No. 201312043) evaluated the environmental impacts of redevelopment and reuse of the lands at Alameda Point. No further review is required for this project.
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CITY OF ALAMEDA
PLANNING, BUILDING AND TRANSPORTATION DEPARTMENT
ADMINISTRATIVE USE PERMIT
ITEM NO: 3-A
PROJECT
DESCRIPTION: PLN21-0475 - Administrative Use Permit - 651 West Tower Avenue (Alameda Point, Bldg 91) - Applicants: Marieca Tye on behalf of Admiral Maltings; Almanac Brewing Company. A public hearing to consider an Administrative Use Permit to allow outdoor dining and beer garden operations in the parking lot between the building and West Tower Avenue. The property is located within the AP-AR, Alameda Point - Adaptive Reuse Zoning District. The property is a contributing structure within the Naval Air Station Historic District. The Alameda Point Final EIR (State Clearinghouse No. 201312043) evaluated the environmental impacts of redevelopment and reuse of the lands at Alameda Point. No further review is required for this project.
GENERAL PLAN: AP1, Alameda Point Civic Core Mixed Use
ZONING: AP-AR, Alameda Point Adaptive Reuse
PROJECT PLANNER: Brian McGuire
PUBLIC NOTICE: A notice for this hearing was mailed to property owners and residents within 300 feet of the site, published in local newspapers and posted in public areas near the subject property. Staff has not received any public comments on this proposed project.
EXHIBITS: Exhibit 1 - Site Plan
RECOMMENDATION: Approve the project with conditions.
BACKGROUND: The project site is located at 651 West Tower Avenue and contains Building 91 that currently houses both the Admiral Malting Facility and the Almanac Beer Company. The building is a contributing structure to the NAS Alameda Historic District. On July 16, 2016, the Zoning Administrator approved Use Permit No. PLN18-0277 to allow bar and tavern operations, outdoor patio seating, and extended hours of operation until 12:00 AM for both tenant spaces of the building. During the Covid-19 pandemic, consistent with citywide use permit PLN20-0215 allowing use of privately owned outdoor parking lots for commercial operations, the applicants have been operating expanded outdoor beer gardens in the parking lot between Building 91 and West Tower Avenue. PLN20-0215 is temporary, and applicants are requesting an amendment to their use permit to permanently expand the outdoor seating area to cover the entire former parking area and allow food truck operations for their facility. No new structures or changes to the exterior of the building are proposed as part of the project.
FINDINGS:
1. The location of the proposed use is compatible with other land uses in the general neighborhood area, and the project design and size are architecturally, aesthetically, and operationally harmonious with the community and surrounding development.
The proposed outdoor patio expansion and food truck use are compatible with the existing Use Permit No. PLN18-0277, citywide Use Permit PLN20-0215 and will relate favorably to other properties and uses in the vicinity by increasing commercial activity at Alameda Point. Outdoor dining activities enhance the district vitality and provide a safer way to enjoy and support local businesses during the Covid-19 era. No new structures or changes to the existing building are proposed as part of the project. The Alameda Point Adaptive Reuse District encourages community destination services that support reinvestment in the existing buildings and infrastructure within the NAS Alameda Historic District. The proposal to expand the amenities for customers at existing taproom establishments within the Alameda Point commercial area is consistent with this goal.
2. The proposed use will be served by adequate transportation and service facilities, including pedestrian, bicycle and transit facilities.
The existing establishment is already served by adequate transportation and service facilities. The property is fully developed with no barriers to public access and ample areas for vehicle and bicycle parking in the vicinity. Recent and ongoing infrastructure projects at Alameda point continue to enhance access to the area for people regardless of their mode of travel. AC Transit Line 96 services the site. The Seaplane Lagoon Ferry Terminal is a ten minute walk and the Cross Alameda Trail terminates a block away. The proposed expansion of the existing outdoor patio area and the food truck operation will not generate a large influx of additional customers because many of the same customers who currently visit the site and the nearby “Spirits Alley” will continue to frequent the area with the additional benefit of the enjoying outdoor dining and the businesses have been operating successfully in this configuration for over eighteen months already. Therefore, the proposed project will not significantly generate additional traffic or service requirements.
3. The 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 deleterious effects on existing business districts or the local economy.
The proposed outdoor patio expansion and food truck operation are compatible with the existing brewery and tavern use with outdoor seating approved by Use Permit PLN18-0277. The operations will be conducted in compliance with the local requirements and approved conditions of approval, and the activity will not adversely affect properties in the surrounding area. Furthermore, the proposed use will have a positive impact on existing and future businesses at Alameda Point by providing more outdoor amenities for visitors to the area. The uses complement the existing winery, brewery, and distillery uses along Monarch Street and West Tower Avenue.
4. The proposed use relates favorably to the General Plan.
The General Plan designation for this parcel is Alameda Point Civic Core Mixed Use. The proposed use is consistent with this land use designation. Furthermore, General Plan policies support job generating uses at Alameda Point including policy 9.2.a which encourages creating local serving commercial uses. The proposed use permit amendment is consistent with the General Plan.
CONDITIONS:
1. Use Permit Amendment. Conditions relating to Use Permit Approval No. PLN18-0277 are superseded by this Use Permit approval. All of the conditions of approval from Use Permit PLN18-0277 have been incorporated into this Use Permit approval.
2. Compliance with City Ordinances. The approved use is subject to, and shall comply with, all applicable City Ordinances and laws and regulations of other governmental agencies including the Department of Alcohol Beverage Control.
3. Changes to Approved Plans: This approval is limited to the scope of the project defined in the project description and does not represent a recognition and/or approval of any work completed without required City permits. Any changes to the approved scope of the project shall be submitted to the Planning, Building and Transportation Department for review and approval.
4. Hours of Operation: Bar/tavern business operations shall be limited to the hours of 7:00 A.M. to 12:00 A.M., seven days a week.
5. Alameda Municipal Power Access: Applicant/Property Owner shall comply with Alameda Municipal Power clearance requirements for 500 kVA transformer located on site. In accepting this use permit, the applicant and property owner agree to allow the City of Alameda/Alameda Municipal Power access to remove any obstructions to said transformer. Any costs associated with the removal of obstructions to the transformer shall be the responsibility of the applicant and/or property owner. The City of Alameda/Alameda Municipal Power shall not be liable for any costs or damage to property resulting from the need to remove obstructions to said transformer.
6. Accessible Parking: Applicant shall maintain at least one on on-site ADA accessible parking stall with appropriate signage and path of travel near a customer serving entrance in substantial conformance with the approved site plan attached as Exhibit 1.
7. Alcohol Beverage Control (ABC) License: Any application for an ABC License Type 42 or 48 shall require the approval of a separate conditional use permit, subject to AMC Section 30-21, prior to the issuance of such ABC Licenses.
8. Building Permits: Building Permit plans shall incorporate this approval notice, including the conditions of approval.
9. Exterior Lighting and Fencing. No new exterior lighting or changes to the exterior fencing shall be allowed without review and approval of the Planning, Building and Transportation Department.
10. Feral Cat Feeding Stations: Feral cat feeding stations and colonies, and the feeding of any native and non-native wildlife species that are potential predators of California Least Terns is prohibited in perpetuity and thereafter this prohibition shall be incorporated in all deeds and leases of any portion of 651 W. Tower Ave (Alameda Point Building 91).
11. Fireworks Displays: Per the Biological Opinion issued by the Service, firework displays will not be authorized from April 1 to August 15 and thereafter this prohibition shall be incorporated in all deeds and leases of any portion of 651 W. Tower Ave. This use permit does not include approval of fireworks display.
12. Special Event Permits. Special events that involve activities that are beyond the scope of the regular business activities described in this Use Permit shall require approval of a Special Event Permit. Additional conditions regarding traffic control, security or other public welfare and safety issues may be added through the Special Event Permit process.
13. Food Truck Vendors. Food Truck Vendors may operate onsite with the following requirements:
a. Proof of permits and fees:
1) Vender must obtain a City Business License, based on the same classification as restaurants.
2) Vendor must provide proof of insurance and valid CA driver’s license.
3) Vendor must provide proof of a valid health permit from the Alameda County Health Department.
4) Vendor is required to obtain a hazardous materials permit when quantities of propane are equal to or exceed ten (10) gallons.
b. Site requirements for off-street locations:
1) Vendor must specify and be limited to a specific address at which vending of food will occur.
2) Vendor must be stationary for a minimum of two (2) hours. No trolling allowed.
3) Vendor will be required to provide proof of agreement from the business owner.
14. Additional Improvements.
a. All exterior changes to the building, including changes in paint color, shall be subject to review and approval of the Planning, Building and Transportation Department, to ensure consistency with the NAS Historic District character defining features.
b. Any substantial changes to the site plan shall be submitted to the Planning, Building and Transportation Department for review and approval prior to construction.
c. Any doors, windows or other minor features removed from the building must be stored on site.
15. Urban Runoff / Stormwater Requirements:
a. Applicant must ensure that no pollutants, including food waste/grease, liquid wastes, garbage/debris, litter, and/or other materials, are discharged to the City’s storm drain system (including roadways and storm drains), or the paved use areas or wind-dispersed off-site.
b. Applicant will be required to pick up, remove, and dispose of all garbage, refuse or litter consisting of foodstuffs, wrappers, and/or materials dispensed, and any residue deposited on the street and the paved use areas from the operation thereof, and otherwise maintain in a clean and debris-free condition the entire area within a 25-foot radius of the location where food vending is occurring.
c. Applicant will be required to pick up, remove and properly dispose of all wastes, debris and trash from the use site daily.
d. Applicant shall use best management practices and dry methods of cleaning to prevent accumulation or discharge of any materials to the City’s storm drain system (including roadways and storm drains) and the paved use areas.
e. Applicant shall ensure that any wash water from surface cleaning activities shall be collected and discharged to the sanitary sewer system and shall implement surface cleaning best management practices described in the Bay Area Stormwater Management Agencies Association (BASMAA) “Pollution From Surface Cleaning” guidance document.
16. Integrated Waste Requirements:
f. Applicant shall provide customers sufficient garbage, recycling, and organic collection receptacles.
g. All garbage facilities shall be secured within the building or within a fenced area protected from access by raccoons or other potential Least Tern predators. In no circumstances will uncovered garbage, grain, refuse or other edible materials be placed outside the building in an open bin or can.
h. Applicant shall place graphically rich signs or labels on or adjacent to containers so customer discards are more thoughtfully sorted.
i. All receptacles shall be covered or secured when operations are closed. Applicant will discourage the scavenging of bottles and cans from use area.
j. Applicant understands that disposable food service ware that uses polystyrene foam (aka Styrofoam™) is prohibited within jurisdictional limits.
k. Use of City waste receptacles is prohibited.
17. Revocation. This Use Permit may be modified or revoked by the Zoning Administrator, pursuant to Alameda Municipal Code Section 30-21.3d should the Zoning Administrator 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.
18. Vesting. The Use Permit approval shall expire two (2) years after the date of approval or by January 10, 2022 unless authorized construction or use of the property has commenced. The applicant may apply for a time extension, not to exceed two (2) years. An extension request will be subject to approval by the Zoning Administrator and must be filed prior to the date of expiration.
19. HOLD HARMLESS. To the maximum extent permitted by law, the applicant (or its successor in interest) shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City of Alameda, its City Council, City Planning Board, officials, employees, agents and volunteers (collectively, “Indemnitees”) from and against any and all claims, actions, or proceedings against Indemnitees to attack, set aside, void or annul an approval by Indemnitees relating to this project. This indemnification shall include, but is not limited to, all damages, losses, and expenses (including, without limitation, legal costs and attorney’s fees) that may be awarded to the prevailing party arising out of or in connection with an approval by the Indemnitees relating to this project. The City shall promptly notify the applicant of any claim, action or proceeding and the City shall cooperate in the defense. The City may elect, in its sole discretion, to participate in the defense of said claim, action, or proceeding and the applicant (or its successor in interest) shall reimburse the City for its reasonable legal costs and attorneys’ fees.
Environmental Determination
The Zoning Administrator finds that by Resolution No. 14891 the City Council of the City of Alameda certified the Final Alameda Point Environmental Impact Report (FEIR) (State Clearinghouse No. 201312043) under the California Environmental Quality Act (“CEQA”), California Public Resources Code Section 21000 et seq. and adopted written findings and a Mitigation Monitoring and Reporting Program (“MMRP”) on February 4, 2014, for the Alameda Point Project, and that pursuant to the streamlining provisions of Public Resources Code Section 21083.3 and CEQA Guidelines Section 15183, no further environmental review of the administrative use permit application is required.
Use Permit
The Zoning Administrator approves the Use Permit with conditions.
The decision of the Zoning Administrator shall be final unless appealed to the Planning Board, in writing and within ten (10) days of the decision.
Approved by: Date: January 10, 2022
Allen Tai, Zoning Administrator