Title
PLN23-0136 - Administrative Use Permit - 1511 Park Street - Applicant: Sun Hoang on behalf of Pho Nation. Public hearing to consider an administrative use permit to allow a restaurant/tavern with extended hours of operation until 2:00 A.M. nightly and live performances such as music and stand-up comedy as an accessory use.
Body
CITY OF ALAMEDA
PLANNING, BUILDING AND TRANSPORTATION DEPARTMENT
ADMINISTRATIVE USE PERMIT
PROJECT
DESCRIPTION: PLN23-0136 - Administrative Use Permit - 1511 Park Street - Applicant: Sun Hoang on behalf of Pho Nation. Public hearing to consider an administrative use permit to allow a restaurant/tavern with extended hours of operation until 2:00 A.M. nightly and live performances such as music and stand-up comedy as an accessory use.
GENERAL PLAN: Community Mixed-Use
ZONING: C-C-T, Community Commercial Zone - Theatre Combining District
DETERMINATION: The project is categorically exempt from the California Environmental Act (CEQA) pursuant to CEQA Guidelines Section 15301 - Existing Facilities.
PROJECT PLANNER: Brian McGuire, Planner II
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: 2. Approve the Use Permit with conditions.
PROPOSAL SUMMARY: The project site is located at 1511 Park Street. Pho Nation is an approximately 8,000 square foot full service restaurant serving Vietnamese cuisine with a bar and multiple dining areas within capable of holding private or semi-private events. Applicant proposes operating until 2:00 A.M. nightly. Alameda Municipal Code (AMC) 30-4.9A(c)1(a) requires a use permit for operations between the hours of 10:00 P.M. and 7:00 A.M. In addition to normal restaurant operations, applicant anticipates taking advantage of the large space for occasional private events which may include live music, DJs, karaoke or comedy shows. No new structures 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 tavern with extended hours of operation is compatible with the other land uses along Park Street in the C-C-T district. It will add to the Park Street Business District by bringing more dining and entertainment options to the downtown area and add a late night option for the dining public. All operations are indoors and by complying with the proposed conditions the business will be able to operate in a harmonious manner with the surrounding businesses and residents. No exterior changes are proposed as part of this use permit.
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 has no barriers to public access. The project site is near the junction of two high quality transit corridors, served by AC Transit Lines 20, 21, 51A, O, and OX. The site is served by metered street parking and a public parking garage is located approximately two blocks from the project site. The parking garage also has bicycle lockers and there is short term bicycle parking throughout the Park Street area.
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 tavern, as conditioned, will not adversely affect other property in the vicinity and will have positive effects on the existing business district and the local economy. The conditions of approval are designed to prevent adverse impacts to other properties, including compliance with the Alameda Noise Regulations. Operations are indoors and amplified sound must be contained within the facility and not have off site noise and vibration impacts. The tavern will bring additional customers to the business district and provide residents with additional evening and late night food and entertainment options.
4. The proposed use relates favorably to the General Plan.
The site is designated Community Mixed Use in the Alameda 2040 General Plan. The proposed use is consistent with this land use designation. General Plan policy LU-10 calls for the Park Street commercial area to provide Alamedans with a broad mix of retail stores, restaurants, and entertainment services. The proposed use permit is consistent with the General Plan.
CONDITIONS:
1. Approved Uses: This use permit approves a restaurant and tavern with extended hours of operation until 2:00 a.m. nightly as well as accessory uses including private events and live performances such as music and stand-up comedy.
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 Alcoholic 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. Extended Hours of Operation: The approved hours of operation for indoor use are between 7:00 A.M. and 2:00 A.M. daily.
5. Transparent Windows: In order to maintain an inviting, pedestrian oriented street frontage, windows facing park street shall be kept transparent, free of window tint, film, or other treatments that would prevent the public from seeing into and patrons from seeing out of the business. All physical changes to the façade shall be submitted to the Planning, Building and Transportation Department for review and approval.
6. No Off-site Noise Impacts: Applicant/ Owner shall ensure that amplified noise within the restaurant is contained and maintained in a manner to prevent excessive noise or vibration beyond the subject property. Applicant shall comply with the Alameda Noise Regulations, AMC Section 4-10.
7. 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.
8. Vesting. The Use Permit approval shall expire two (2) years after the date of approval or by June 5, 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.
9. 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.
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: June 5, 2023
Allen Tai, Zoning Administrator