Title
PLN22-0249 - 1501 Harbor Bay Parkway - Applicant: Jay Atkinson, Paceline Investors. Public hearing to consider an administrative use permit for a new outdoor café, coffee bar and beer/wine garden with an outdoor seating area and hours of operation from 7:30 am to 7:30 pm. The proposed new commercial buildings subject to design review include 3 single-story modular container units and 2 stacked modular units, totaling 1,120 square feet in floor area, for beverage and food sales, restrooms, and office space around a new courtyard seating area. The proposed project also includes new landscaping with new exterior lighting, fencing, shade structures, sculptures, a wood deck, fitness court, trash enclosure and plantings. The property is located within the C-M-PD, Commercial Manufacturing - Planned Development zoning district and designated Business & Employment in the Alameda 2040 General Plan.
Body
CITY OF ALAMEDA
PLANNING, BUILDING AND TRANSPORTATION DEPARTMENT
ADMINISTRATIVE USE PERMIT & DESIGN REVIEW
ITEM NO: 3-A
PROJECT
DESCRIPTION: PLN22-0249 - 1501 Harbor Bay Parkway - Applicant: Jay Atkinson, Paceline Investors. Public hearing to consider an administrative use permit for a new outdoor café, coffee bar and beer/wine garden with an outdoor seating area and hours of operation from 7:30 am to 7:30 pm. The proposed new commercial buildings subject to design review include 3 single-story modular container units and 2 stacked modular units, totaling 1,120 square feet in floor area, for beverage and food sales, restrooms, and office space around a new courtyard seating area. The proposed project also includes new landscaping with new exterior lighting, fencing, shade structures, sculptures, a wood deck, fitness court, trash enclosure and plantings. The property is located within the C-M-PD, Commercial Manufacturing - Planned Development zoning district and designated Business & Employment in the Alameda 2040 General Plan.
GENERAL PLAN: Business and Employment
ZONING: C-M-PD, Commercial Manufacturing - Planned Development District
ENVIRONMENTAL
DETERMINATION: The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15303 - New Construction of Small Structures.
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.
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 a new café, coffee bar and beer garden within the Harbor Bay Business Park. Pursuant to AMC Section 30-4.10b.1 and 30-4.10.c.1, uses permitted that are conducted outdoors require approval of a use permit. Pursuant to AMC Section 30-37, Design Review approval is required for three single-story modular container units and two stacked modular units, totaling 1,120 square feet in floor area. The new modular buildings are intended for beverage and food sales, restrooms, and office space. These buildings are configured around a new courtyard seating area. The proposed design also incorporates new landscape features including an outdoor courtyard with fencing and lighting, a new deck, shade structures, kinetic sculptures, a fitness court, trash enclosure and plantings. The proposed use of a café and beer garden with outdoor seating with the new modular buildings and landscape features is intended to complement existing uses on the site and employees of the business park.
This project is intended to provide food and drink services for the existing business park community. Hot food will be available when alcoholic beverages are served under Alcohol Beverage Control license type 41 - On-Sale Beer & Wine - Eating Place. To ensure the use operates harmoniously with other uses within the Commercial Manufacturing district the project is conditioned to limit the hours of operation to align with typical business hours starting at 7:30 am and extending to 7:30 pm to provide reasonable early evening service hours for business park customers after their regular work day.
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 Commercial Manufacturing - Planned Development district and the Business and Employment General Plan designation by establishing a business that provides a food and drink services for the existing business park community. Hot food will be available when alcoholic beverages are served under Alcohol Beverage Control license type 41 - On-Sale Beer & Wine - Eating Place. The proposed café, coffee and beer and wine shop, with outdoor seating only, are compatible with other Business and Employment land uses in the surrounding neighborhood and would activate an otherwise quiet corner of the business park. To ensure the use operates harmoniously with adjacent neighboring Commercial Manufacturing district the project is conditioned to limit the hours of operation to align with typical business hours starting at 7:30 am and extending to 7:30 pm to provide reasonable early evening service hours for business park customers after their regular work day.
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 café, and beer/wine garden with landscaping upgrades and a fitness court, is a family friendly dining option for employees of the Harbor Bay Business Park and will not increase the vehicle traffic or parking demand. The site is located at Harbor Bay Parkway and North Loop Road which is served by the business park shuttle to BART and the ferry terminal, as well as bike parking facilities throughout the district. The site is centrally located within the Harbor Bay Business Park and is within a reasonable walking distance from a number of major employers.
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 café with outdoor seating with the hours of operation from 7:30 am to 7:30 pm, 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 commercial uses facilitated by the Commercial Manufacturing zoning regulations.
4. The proposed use relates favorably to the General Plan.
The proposed café/bar with outdoor seating and the fitness court will provide a low intensity use compatible with the Business and Employment General Plan designation which permits a range of community serving commercial uses. The proposed use will provide new dining services and a fitness court to the area and will not have any negative impacts on the surrounding properties and commercial businesses. The Business and Employment designation supports the Harbor Bay Business Park which includes restaurants and therefore the proposal is a use that is consistent with the General Plan.
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 new commercial buildings are consistent with the General Plan, Zoning Ordinance, and the Design Guidelines for the Harbor Bay Business Park because the new construction is compatible in design and use of materials with the existing Business Park. The proposed new commercial buildings include 3 single-story modular container units and 2 stacked modular units, totaling 1,120 square feet in floor area around a new courtyard seating area and is compatible 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 new commercial buildings include an offset stacked and singular modular units that provide a compatible stepped down scale for employee and family friendly outdoor retail and landscaped/fitness area at the corner of Harbor Bay Parkway and North Loop. The proposed project will convert an un-used corner of the site into a visually interesting design adjacent to the existing massive concrete tilt-up building on the site and on the adjacent sites. The proposed project is a compatible design in scale and character with the existing buildings 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 modular buildings reflect the light industrial design aesthetic of the Harbor bay Business Park with a painted corrugated sheet metal exterior finish. The proposed design includes large bold graphics in muted colors and the overall design is softened by landscaping and an outdoor seating area. 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 April Phillips Design Works, received May 10, 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 café and beer/wine bar use: 7:30 a.m. to 7:30 p.m. daily.
4. ABC License Type: This use permit allows for a Type 41 - On-Sale Beer & Wine - Eating Place ABC License. Requests to license Types 42 or 48 shall require a separate use permit amendment.
5. 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.
b. Courtesy. Signs shall be posted in the outdoor seating area informing patrons of the need to be respectful, mindful, and courteous of the adjacent neighbors.
c. Signs. Signs on the buildings shall be subject to the Sign Regulations set forth in AMC Section 30-6. Separate sign permits may be required accordingly.
d. Prohibitions on Amplified Sound: No amplified speakers are allowed in the outdoor seating area.
e. Prohibition on Smoking: No smoking is allowed in the outdoor seating area. A “No Smoking” sign shall be posted in the outdoor area.
f. 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 and the applicant shall also provide trash receptacles for customer use.
g. 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.
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. 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 June 6, 2024, unless substantial construction or use of the property has commenced under valid permits. Please note: The approval may be extended to June 6, 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 15303 - New Construction of Small Structures.
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: June 6, 2022
Allen Tai, Zoning Administrator