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PLN22-0388 - Administrative Use Permit - 1815 Clement Avenue - Applicant: Sean Murphy for Alameda Marina, LLC. Public hearing to consider an administrative use permit to allow an approximately 33,000 square foot brewery with tasting room, restaurant/tavern use, and an outdoor dining and waterfront beer garden with event space at Building 19 in the Alameda Marina. The property has an approved Master Plan and Building 19 straddles the State Tidelands boundary and is designated Mixed Use in the Alameda 2040 General Plan. The northern portion of the property is located within the M-2, General Industrial (Manufacturing) District. The southern portion of the property is located within the M-X-MF, Mixed-Use Planned Development District, Multi-family Residential Combining Zone. The Alameda Marina Final EIR (State Clearinghouse No. 2016102064) evaluated the environmental impacts of redevelopment and reuse of the lands at Alameda Marina. No further environmental review is required for this project.
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CITY OF ALAMEDA
PLANNING, BUILDING AND TRANSPORTATION DEPARTMENT
ADMINISTRATIVE USE PERMIT
PROJECT
DESCRIPTION: PLN22-0388 - Administrative Use Permit - 1815 Clement Avenue - Applicant: Sean Murphy for Alameda Marina, LLC. Public hearing to consider an administrative use permit to allow an approximately 33,000 square foot brewery with tasting room, restaurant/tavern use, and an outdoor dining and waterfront beer garden with event space at Building 19 in the Alameda Marina. The property has an approved Master Plan and Building 19 straddles the State Tidelands boundary and is designated Mixed Use in the Alameda 2040 General Plan. The northern portion of the property is located within the M-2, General Industrial (Manufacturing) District. The southern portion of the property is located within the M-X-MF, Mixed-Use Planned Development District, Multi-family Residential Combining Zone. The Alameda Marina Final EIR (State Clearinghouse No. 2016102064) evaluated the environmental impacts of redevelopment and reuse of the lands at Alameda Marina. No further environmental review is required for this project.
GENERAL PLAN: Mixed-Use
ZONING: M-2, General Industrial (Manufacturing); M-X-MF, Mixed-Use Planned Development with Multifamily Residential Overlay
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: 1. Project Plans
RECOMMENDATION: Approve the project with conditions.
PROPOSAL SUMMARY: The project site is located at Building 19 in the Alameda Marina at 1815 Clement Avenue. The Building 19 is a contributing structure to the Alameda Historic District. Consistent with the Alameda Marina Master Plan (Planning Board resolution PB-19-14), applicant proposes an adaptive reuse of Building 19 for a brewery with waterfront beer garden with a tavern use with full commercial kitchen to accompany the tasting room and outdoor patio beer garden, including private and entertainment events. Approximately 70% of the floor area will be devoted to the manufacturing, packaging, storage and distribution functions of the brewery. The applicant anticipates operating Monday through Saturday, conducting production activities 6:00 A.M. to 9:00 P.M. and the tasting room between noon and 11:00 P.M. The hours of operation are consistent with the approved hours for commercial operations set forth in the Alameda Marina Master Plan of 5:00 A.M. to 12:00 A.M. No new structures are proposed as part of the project. Any exterior changes proposed as part of this use will be reviewed under a separate application and are subject to all applicable master plan, design review, and historic preservation guidelines.
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 brewery, tasting room and waterfront beer garden use is compatible with the Alameda Marina Master Plan and will relate favorably to other properties and uses in the vicinity by increasing commercial activity at the Alameda Marina, and activating the waterfront location along the estuary and San Francisco Bay Trail. The Alameda Marina Master Plan encourages commercial uses that support reinvestment in the existing buildings and infrastructure within the Alameda Marina Historic District, to which Building 19 is a key contributor. The proposal provides expanded amenities for nearby residents and employees, combined with the production activities, it provides a viable and needed reinvestment in the historic district.
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 being 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 Marina continue to enhance access to the area for people regardless of their mode of travel. A new segment of the San Francisco Bay Trail is being constructed directly fronting the site. The Cross Alameda Trail and Clement Avenue Extension are further enhancing access to the site. The project is served by AC Transit Line 19 two blocks away and is within half a mile of Line 51 and Transbay bus service on Santa Clara Avenue.
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 brewery, tasting room and waterfront beer garden use will be compatible with the uses contemplated in the Alameda Marina Master Plan. The conditions of approval are designed to prevent adverse impacts of other properties, including limits on amplified sound and hours of operation for the outdoor patio. The investment provided by the adaptive reuse of Building 19 will have positive effects on the commercial core district of Alameda Marina and have positive impacts on the local economy.
4. The proposed use relates favorably to the General Plan.
The Alameda 2040 General Plan designation for this parcel is Mixed Use. The proposed use is consistent with this land use designation which permits a wide variety of commercial and business uses. Land Use Element policy LU-23, Northern Waterfront Mixed-Use Area, calls for creating a vibrant mixed-use pedestrian-friendly neighborhood compatible with the waterfront location. The light-industrial brewing activity combined with waterfront tasting room and outdoor patio is consistent with this use by adaptively reusing the former industrial site alongside the new residential, existing marina, and existing and new commercial uses envisioned in the Alameda Marina Master Plan.
CONDITIONS:
1. Approved Uses: This use permit approves an approximately 33,000 square foot brewery with tasting room, restaurant/tavern use, and an outdoor dining and waterfront beer garden with event space at Building 19 in the Alameda Marina.
2. Compliance with Plans. Any modification on this site shall be in substantial compliance with the use permit application submittal received August 11th, 2022, on file with the Planning, Building, and Transportation Department.
3. 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.
4. 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.
5. Outdoor Patio Hours of Operation: The outdoor patio and seating area are for customers. The hours of operation for the outdoor patio may be between 10:00 A.M. and 10:00 P.M. Sunday through Thursday and 10:00 A.M. and 12:00 A.M. on Friday and Saturday.
6. Building Permits: Building Permit plans shall incorporate this approval notice, including the conditions of approval.
7. Noise. The outdoor beer garden operations shall comply with the Alameda Noise Ordinance (AMC Section 4-10) and the maximum allowable noise levels in Section 4-10.4.b. No more than two amplified speakers shall be permitted, and such speakers shall be for ambient background sounds only.
8. Live Outdoor Music. Bands or DJs performing outdoors shall be limited to no more than two events per week lasting no more than four hours each, including sound checks, during the following times:
a. Fridays between 5:00 P.M. and 10:00 P.M.
b. Saturdays between 10:00 A.M. and 10:00 P.M.
c. Sundays between 10:00 A.M. and 8:00 P.M.
9. Special Event Permits. Special events that involve more than 1,000 people at a time, ticketed events involving more than 200 attendees, and any other 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.
10. Long-Term Bicycle Parking. Consistent with AMC 30-7.6, Off-Street Bicycle Parking Requirements, applicant shall include a minimum of eight (8) long-term bicycle parking spaces accessible by employees. The details of the long-term bicycle parking shall be included on any tenant improvement plans for the business prior to issuance of building permits.
11. Short-Term Bicycle Parking. Due to the proximity of the site to the Cross Alameda Trail and San Francisco Bay Trail, as well as experience with similar uses at Alameda Point, the proposed use is expected to have a higher than typical demand for bicycle parking. Applicant shall provide a minimum of twenty (20) short-term bicycle parking spaces accessible to customers. The details of the short-term bicycle parking shall be included on any tenant improvement plans for the business prior to issuance of building permits.
12. 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.
13. Integrated Waste Requirements:
a. Applicant shall provide customers sufficient garbage, recycling, and organic collection receptacles.
b. 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.
c. Applicant shall place graphically rich signs or labels on or adjacent to containers so customer discards are more thoughtfully sorted.
d. All receptacles shall be covered or secured when operations are closed. Applicant will discourage the scavenging of bottles and cans from use area.
e. Applicant understands that disposable food service ware that uses polystyrene foam (aka Styrofoam™) is prohibited within jurisdictional limits.
f. Use of City waste receptacles is prohibited.
14. 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.
15. Vesting. The Use Permit approval shall expire two (2) years after the date of approval or by September 19, 2024 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.
16. 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 the City Council of the City of Alameda certified the Alameda Marina Final Environmental Impact Report (FEIR) (State Clearinghouse No. 2016102064) 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”) for the Alameda Marina Project, 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: September 19, 2022
Allen Tai, Zoning Administrator