Title
PLN23-0057 - Administrative Use Permit - 1542 Webster Street - Applicant: Byung Hun Cho. Public hearing to consider an administrative use permit to allow an approximately 1,400-square-foot grocery store within an existing commercial building. The proposed hours of operation will be from 8:00 AM to 9:00 PM Sunday through Saturday.
Body
CITY OF ALAMEDA
PLANNING, BUILDING AND TRANSPORTATION DEPARTMENT
ADMINISTRATIVE USE PERMIT
ITEM NO: 3-A
PROJECT
DESCRIPTION: PLN23-0057 - Administrative Use Permit - 1542 Webster Street - Applicant: Byung Hun Cho. Public hearing to consider an administrative use permit to allow an approximately 1,400-square-foot grocery store within an existing commercial building. The proposed hours of operation will be from 8:00 AM to 9:00 PM Sunday through Saturday.
GENERAL PLAN: Community Mixed-Use
ZONING: C-C, Community Commercial District.
DETERMINATION: The project is categorically exempt from the California Environmental Act (CEQA) pursuant to CEQA Guidelines Section 15301 - Existing Facilities.
PROJECT PLANNER: Henry Dong, Planner III
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.
BACKGROUND:
The project is located within an existing commercial building containing three commercial units located at 1542 Webster Street. The proposal is a use permit for the establishment of a new 1,400 sq. ft. grocery store for the sale of food items, produce, alcoholic beverages, snacks and household items within a vacant commercial space located on the ground floor. The proposed grocery store will have a narrow floor plan approximately 14-feet wide by 63-feet in length as shown in Exhibit 1: Floor Plan. The grocery store will provide a variety of items including fresh fruit, produce, juice, milk, meats and poultry, snacks, ice cream, canned goods, beverages and alcoholic beverages for off-site consumption (ABC License Type# 21: Off-sale General). The proposed operating hours will be 8:00 AM to 9:00 PM Sunday to Saturday where the standard allowable business hours in the C-C district is 7:00 AM to 10:00 PM. Surrounding properties are also within the C-C District and include mixed use commercial/residential units above to the north and west of the site, commercial uses to the south of the site, and residential units to the east of the site. Pursuant to AMC Section 30-4.9A a use permit is required to operate a grocery store within the C-C District.
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 are architecturally, aesthetically, and operationally harmonious with the community and surrounding development.
The existing commercial property is located at 1542 Webster Street and is designated as Community Mixed Use in the General Plan and zoned C-C Community Commercial District. The Community Commercial district emphasizes a variety of retail, restaurants, and personal service uses serving the Alameda community. The use is compatible with neighboring commercial and residential uses and will provide a variety of fresh produce items to the surrounding community. Retail uses such as the proposed grocery store are compatible with other pedestrian-oriented businesses in the Community Commercial district. The surrounding properties are also within the Community Commercial district and contain commercial businesses and residences. Furthermore, the proposed use permit will not modify the architecture or aesthetics of the existing building. The project is consistent with the commercial uses of the surrounding area.
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. Due to the small size of the proposed 1,400-square-foot grocery store, the proposed use will not significantly generate additional traffic or service requirements. The project is located within the transit and pedestrian-oriented area of the Webster Street business district, which is served by AC Transit bus routes 20, 51A, 631, 663, W, 78, and 851. The site is also within walking and biking distance from the Cross Alameda Trail which provides safe access to the facility for people walking and biking.
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 grocery store will not adversely affect the surrounding properties, hurt existing business districts or the local economy. The proposed use is a low-intensity use that is consistent within the pedestrian-oriented commercial uses that make up the Community Commercial district. The proposal will complement other business services in the surrounding area.
4. The proposed use relates favorably to the General Plan.
The site is located within an area designated by the General Plan as Community Mixed Use. The proposed use is consistent with the land use designation. Furthermore, General Plan Guiding Policy LU-10 calls for the Webster Street commercial area to “provide Alamedans with a broad mix of retail stores, restaurants, entertainment, hospitality, personal and professional services, and transit-oriented mixed-use housing opportunities.” The proposed use permit for a new grocery store is consistent with the General Plan.
5. The issuance of the Public Convenience or Necessity determination to allow the proposed alcohol beverage license at this establishment will not be detrimental to the surrounding area and will serve a public convenience and necessity by providing one-stop shopping opportunity to customers of the business.
The proposed grocery store is located within the Webster Street commercial district, which is regarded as a primary destination for Alameda residents for goods and services. The proposal would offer the convenience of a pedestrian-oriented grocery store for the nearby neighborhood to purchase food and beverages. The addition of providing alcoholic sales to the grocery store use will provide a "one-stop" shopping experience for customers also looking to purchase food items, produce, household items, and alcoholic beverages. Furthermore, the City’s General Plan encourages a concentration of such uses within commercial districts in order to minimize potential impacts to other neighborhoods. General Plan Guiding Policy LU-10 calls for the Webster Street commercial area to “provide Alamedans with a broad mix of retail stores, restaurants, entertainment, hospitality, personal and professional services, and transit-oriented mixed-use housing opportunities.” The proposed use permit for a new grocery store is consistent with the General Plan. Therefore, the addition of the alcohol beverage license with the proposed grocery store would serve a public convenience for customers and the surrounding area.
1. Compliance with Conditions: The applicant/property owner shall ensure compliance with all of the following conditions. Failure to comply with any condition may result in construction being stopped, issuance of citation, and/or modification or revocation of the Permit.
2. Changes to Approved Plans: The 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.
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.
4. Compliance with Regulatory Approvals: The applicant shall comply with any applicable provisions and permits required by any federal, state, or regional agencies including the California Department of Alcohol Beverage Control.
5. Hours of Operation: The hours of operation on Friday and Saturday shall be limited to the standard business hours of the C-C District between 7:00 AM to 10:00 PM.
6. Groceries: The facility shall continue to sell products that meet the definition of a grocery store as defined in Alameda Municipal Code Section 30-2 throughout the life of the use permit. The items for sale shall include but are not limited to vegetables, fruits, meats, poultry, fish, canned and cartoned goods, milk, juices, soft drinks, and other food items for preparation and consumption off the premises, and toiletries and other items for personal and home use.
7. Signs: The applicant must obtain a City Sign Permit before installing permanent business signage, including window signs.
8. Waste, Recycling, and Composting: The establishment shall recycle cans or bottles that are subject to the State of California Container Deposit Law and comply with all local, state, and regional laws requiring source-separation of waste material for recycling and composting.
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. Vesting. The Use Permit approval shall expire two (2) years after the date of approval or by March 6, 2025 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.
11. 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 has determined that this project qualifies as a Class 1 Categorical Exemption and no additional environmental review is necessary pursuant to CEQA Guidelines Section 15301(a) - operation, permitting, or leasing of existing private structures involving negligible or no expansion of use beyond that which exists.
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: March 6, 2023
Allen Tai, Zoning Administrator