Title
PLN21-0516 - 2542 Santa Clara Avenue - Applicant: Tony Valadez. Public hearing to consider an Administrative Use Permit, pursuant to AMC Section 30-12.3, to re-establish bar use at the former Lemon Tree bar location, with hours of operation from 10 am to 2 am, and the continuation of an outdoor seating area at the sidewalk. The proposed facade improvements subject to Design Review include removal of the existing stone veneer and shingle awning, and restoration of the original tile, stone entry and transom windows. A proposed storefront system will infill the existing openings and will align with the existing storefronts in the building. The property is located within the C-C-T, Community-Commercial-Theater Combining zoning district and designated Community Mixed Use in the Alameda 2040 General Plan. The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 - Existing Facilities.
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CITY OF ALAMEDA
PLANNING, BUILDING AND TRANSPORTATION DEPARTMENT
ADMINISTRATIVE USE PERMIT & DESIGN REVIEW
ITEM NO: 3-C
PROJECT
DESCRIPTION: PLN21-0516 - 2542 Santa Clara Avenue - Applicant: Tony Valadez. Public hearing to consider an Administrative Use Permit, pursuant to AMC Section 30-12.3, to re-establish bar use at the former Lemon Tree bar location, with hours of operation from 10 am to 2 am, and the continuation of an outdoor seating area at the sidewalk. The proposed facade improvements subject to Design Review include removal of the existing stone veneer and shingle awning, and restoration of the original tile, stone entry and transom windows. A proposed storefront system will infill the existing openings and will align with the existing storefronts in the building. The property is located within the C-C-T, Community-Commercial-Theater Combining zoning district and designated Community Mixed Use in the Alameda 2040 General Plan. The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 - Existing Facilities.
GENERAL PLAN: Community Mixed Use
ZONING: C-C-T, Community-Commercial-Theater Combining District
ENVIRONMENTAL
DETERMINATION: Categorically Exempt per CEQA Guidelines Section 15301 - Existing Facilities.
PROJECT PLANNER: Deirdre McCartney, Planning Technician
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 received 3 public comments on this proposed project at the time this report was written.
EXHIBITS: 1. Project Plans
RECOMMENDATION: Approve the Use Permit and Design Review with conditions.
PROPOSAL SUMMARY: The applicant has requested an Administrative Use Permit to allow the re-establishment of a bar at the site which was previously vacated pursuant to AMC Section 30-20.1a, to allow extended hours of operation to 10:00 a.m. to 2:00 a.m. daily for the indoor bar use, and 10:00 a.m. to 10:00 p.m. Monday - Thursday and 10:00 a.m. to Midnight Friday and Saturday for the outdoor seating at the business frontage. The previous Lemon Tree bar operated from 6:00 a.m. to 2:00 a.m. Re-establishment of the bar use requires a use permit pursuant to AMC Sections 30-4.9A(c)(1)(j), with extended hours of operation also subject to use permit approval pursuant to AMC Section 30-4.9A(c)(1)(a), and finally the outdoor seating is also subject to use permit approval under AMC Section 30-4.9A(c)(1)(b). Pursuant to AMC Section 30-37, Design Review approval is required for the street facing façade improvements of a commercial building. The applicant proposes to restore the front façade by removing the existing stone veneer and shingle awning and restoring the surviving original tile entry and leaded glass transom windows. The proposed design also incorporates new operable storefront panels at the newly exposed openings to align with existing storefronts in the building. The proposed use of a bar with extended hours and outdoor seating with the façade design and restoration is compatible with the existing uses in the building and the neighborhood.
USE PERMIT 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 is architecturally, aesthetically, and operationally harmonious with the community and surrounding development in that: The proposal is consistent with the Community- Commercial-Theater Combining district and the Community Mixed Use General Plan designation by re-establishing a business that was closed as a result of the pandemic. The project specifically re-establishes a previous bar use, Alcoholic Beverage Control License type 48 - On Sale General - Public Premises, along with storefront improvements. The proposed bar would operate daily between the hours of 10 am to 2 am, consistent with a number of similar social and entertainment uses in the Park Street Business District. The proposed outdoor seating is for approximately 16 customers and is consistent with other commercial and residential land uses in the surrounding neighborhood and would activate an otherwise quiet sidewalk on the edge of the business district. To ensure the use operates harmoniously with adjacent neighboring commercial and residential uses, the project is conditioned to limit the hours for customer use of the outdoor patio to minimize disturbances to the surrounding neighborhood area.
2. The proposed use will be served by adequate transportation and service facilities including pedestrian, bicycle, and transit facilities. The location of the project is fully developed and does not require additional service facilities. The proposed outdoor seating is an option for customers that will not increase the vehicle traffic or parking demand of the bar use. The site is located at the corner of Broadway and Santa Clara Avenue which is served by AC Transit bus routes 51A, 78, and O. The Community- Commercial-Theater Combining district has street parking within walking distance to the bar, as well as bike parking facilities throughout the district.
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 substantial deleterious effects on existing business districts or the local economy. The proposed bar with the extended hours of operation from 10 am to 2am, and the outdoor seating, as conditioned with hours from 10 am to 10pm Sunday through Thursday and 10am to Midnight on Friday and Saturday, will not adversely affect the surrounding properties or hurt existing business districts or the local economy. The proposed use is a low intensity use that is consistent with the pedestrian oriented commercial uses facilitated by the Community Commercial zoning regulations.
4. The proposed use relates favorably to the General Plan.
The proposed bar and outdoor seating will provide a low intensity use compatible with the Community Mixed Use General Plan designation which permits a range of community serving commercial uses. The proposed use will not have any negative impacts on the surrounding properties and commercial businesses. General Plan Policy LU-2 calls for connected neighborhoods that support a mix of uses and meet the needs of residents of all ages and backgrounds.
DESIGN REVIEW FINDINGS:
1. The proposed design is consistent with the General Plan, Zoning Ordinance, and the Citywide Design Review Manual. With the approval of the Use Permit, the proposed restoration of the facade is consistent with the General Plan, Zoning Ordinance, and the Citywide Design Review Manual because the new construction is compatible in design and use of materials with the existing historic building and the surrounding neighborhood. The proposed demolition of the stone veneer and shingle awning revealed the original entry, the historic transom windows and the original storefront openings of the building. The proposed work repairs and restores the existing architectural elements and installs a new storefront system that is designed to match the existing storefronts on the building. Furthermore, the overall design and use of materials is consistent with the existing buildings in the neighborhood.
2. The proposed design is appropriate for the site, is compatible with adjacent or neighboring buildings or surroundings, and promotes harmonious transitions in scale and character in areas between different designated land uses. The proposed design and restoration of the facade re-uses and repairs the existing entry door, tile and stone entryway and the leaded glass transom windows. The proposed design includes a new storefront system at the existing openings that were hidden behind the stone veneer. There is no change to the existing footprint or structure of the building. The proposed design is compatible in scale and character with the existing building and existing buildings in the surrounding neighborhood.
3. The proposed design of the structure(s) and exterior materials and landscaping are visually compatible with the surrounding development, and design elements have been incorporated to ensure the compatibility of the structure with the character and uses of adjacent development. The design will utilize compatible materials including the restoration and repair of existing tile, and transom windows and replacement storefront systems that align with existing storefronts and will be confined within the existing openings in the building façade. Unlike the inward design of the former Lemon Tree bar, the proposed design incorporates operable storefronts that open onto the sidewalk and outdoor seating areas that create a welcoming connection with the surrounding development and neighborhood. The proposed style and materials are compatible with the design elements of the building and other commercial buildings in the neighborhood.
1. Compliance with Approved Plans: The plans submitted for building permit and construction shall be in substantial compliance with plans prepared by Tony Valadez, received April 19, 2022 and on file in the office of the City of Alameda Planning, Building, and Transportation Department, except as modified by the conditions listed in this letter.
2. A copy of this Approval shall be printed on the cover of the final Building Permit plans.
3. Hours of Operation: This Use Permit grants the following hours of operation for the subject bar use:
a. Indoor Bar: 10:00 a.m. to 2:00 a.m. daily
b. Outdoor seating: 10:00 a.m. to 10:00 p.m. Monday - Thursday; 10:00 a.m. to Midnight Friday and Saturday.
4. Limitations of Outdoor Seating Area Use: The outdoor seating shall be subject to the following requirements:
a. Encroachment Permit: Notwithstanding the submitted plans, the outdoor seating area shall be limited to the subject property boundaries, except where the applicant separately applies for, and the City approves, an Encroachment Permit for use of any portion of the public right-of-way.
b. Clearances: All elements of the outdoor seating area shall maintain six (6) feet of consecutive sidewalk width that is kept clear for pedestrian traffic. All outdoor furnishings shall be arranged to adequately accommodate persons with disabilities, including the visually impaired, to the satisfaction of the City Engineer. Outdoor furnishings shall not block access to trash cans, parking meters, bicycle racks, newspaper racks, or other items in the public right-of-way and shall not be situated within eight (8) feet of any designated bus stop. Outdoor furnishings shall not be placed in front of any door used for entrance or exiting of the building.
c. Removal at Night: Outdoor furnishings shall be removed from the sidewalk and stored indoors whenever the business is not in operation. Draping with tarps and/or massing together in lieu of removal at night is not permitted.
d. Signs. Signs shall be posted in the outdoor seating area informing patrons of the need to be respectful, mindful, and courteous of the adjacent neighbors.
e. Prohibitions on Amplified Sound: No amplified speakers are allowed in the outdoor seating area.
f. Prohibition on Smoking: No smoking is allowed in the outdoor seating area. A “No Smoking” sign shall be posted in the outdoor area.
g. Solid Waste/Trash: The applicant shall be responsible for the prompt cleanup and disposal of all trash and garbage generated on the site, including the sidewalk and curb in front of the business on Santa Clara Avenue, and the applicant shall also provide trash receptacles for customer use.
h. Exterior Lighting: Exterior lighting fixtures shall be limited to the patio area and shall be low intensity, directed downward and shielded to minimize offsite glare consistent with the City’s Dark Skies Ordinance, AMC Section 30-5.16.c.
5. Doors/Windows: To minimize any noise disturbance to the surrounding neighborhood, the doors and windows of the bar shall be closed and not left ajar after 10:00 p.m.
6. Posting of Use Permit and Conditions: A copy of this Use Permit and conditions of approval shall be posted on the premises at all times. Bar employees shall be informed of these conditions of approval and limits of this Use Permit.
7. Vesting: This approval is valid for two years and will expire on May 2, 2024, unless substantial construction has commenced under valid permits. Please note: The approval may be extended to May 2, 2026 upon submittal of an extension request and the associated fee.
8. 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 additional exterior changes shall be submitted to the Planning, Building, and Transportation Department for review and approval prior to construction.
9. 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.
10. Indemnification. 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 project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 - Existing Facilities.
Use Permit and Design Review
The Zoning Administrator hereby approves the Administrative Use Permit and Design Review 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: May 2, 2022
Allen Tai, Zoning Administrator