Resolution 13387CITY OF ALAMEDA RESOLUTION NO. 13387
DENYING THE APPEAL OF JASON LUCEY AND UPHOLDING THE PLANNING BOARD'S
APPROVAL OF USE PERMIT, UP01-13, FOR AN OUTDOOR DINING AREA, AND TO
ALLOW A BUSINESS TO OPERATE BETWEEN THE HOURS OF 10:00 P.M. AND 7:00 A.M.
WHEREAS, applications were made on May 21, 2001, by Kumar Puttaswamy and Diane
Nguyen for a Use Permit to allow the use of an outdoor dining area, and an extension of Restaurant
business hours past 10:00 p.m. to 2:00 a.m.; and
WHEREAS, the applications were accepted as complete on May 21, 2001; and
WHEREAS, the subject property is designated Community Commercial on the General Plan
Diagram; and
WHEREAS, the subject property is located in the C-C, Community Commercial Zoning
District. A Use Permit is required for any use in the district that does business between the hours
of 10:00 p.m. to 7:00 a.m., and for any use which is not conducted within an enclosed structure; and
WHEREAS, the Planning Board approved UP01-13 on July 9, 2001; and
WHEREAS, an appeal was filed on July 16, 2001 by Jason Lucey to the City Council for the
denial of Use Pennit, UP01-13, contending that the commercial kitchen will become incidental to
the proposed dining area, therefore making the proposed dining area a bar in a location where bars
are not permitted to be located within one-thousand (1,000) feet of another; and
WHEREAS, the City Council held a public hearing on this appeal on August 21, 2001, and
has considered all available testimony and infoiniation, reviewed the administrative record and all
pertinent maps, drawings, and documents; and
WHEREAS, the City Council finds that there is no merit to the bases of the appeal based on
Staff's response to the bases as set out in the Staff Report prepared for the August 21, 2001 City
Council Meeting; and
WHEREAS, the City Council of the City of Alameda is able to make the following findings
regarding the Use Permit relating to hours of operation:
1. The location of the use is compatible with other land uses in the general neighborhood
area. The hours of operation are typical for restaurants with live entertainment. The use
would be compatible with other land uses in the area since it is surrounded by other
commercial and service uses. Numerous businesses in the area operate past the hour of
10:00 p.m.; for example, Nation's Burger at the corner of Taylor Avenue and Webster Street
and the Shamrock Bar across the street from the Croll's Building are examples of businesses
which are open past 10:00 p.m.
2. The use will be served by adequate transportation and service facilities. The site is
served by AC Transit and all utility services exist. Numerous on- street metered parking
spaces are available along Central Avenue and Webster Street. A City -owned metered
Parking Lot located at Webster Street and Taylor Avenue provide off- street parking.
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. The location of
Croll's is approximately 100 feet from any residential zoning district, and is located in the
Community Commercial Zoning district where uses such as restaurants, with live
entertainment are generally permitted to extend hours of operation.
4. The proposed use relates favorably to the General Plan. The proposed use does relate
favorably with the General Plan. Section 2.5f, states that, maintaining neighborhood
business districts for restaurants that attract mainly pedestrian traffic can be acceptable
neighbors for nearby residents. Croll's is an important element to the City, and may assist
in the revitalization of the Webster Street Business District.
WHEREAS, the City Council is able to make the following findings regarding the Use
Permit relating to outdoor dining:
The location of the use is compatible with other land uses in the general neighborhood
area The unenclosed dining area is located in the rear northeasterly portion of the property
and will face a parking lot and the McDonald's drive through to the east. An outdoor dining
area will provide the area with a more pedestrian friendly atmosphere. Spritzer's Citrus Bar,
located across Central Avenue, is an example of a restaurant with an outdoor element in the
general area.
2. The use will be served by adequate transportation and service facilities. The site is
served by AC Transit and all utility services exist. Numerous on- street metered parking
space are available along Central Avenue and Webster Street. A City -owned metered
Parking Lot located at Webster Street at Taylor Avenue provide off - street parking.
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. The area that is used
for the outdoor dining facility has been in existence for some time and has been used in a
similar manner in years past. It will be located approximately 250 feet from any residential
zoning district, and therefore should not adversely affect other property in the vicinity. A
condition of approval is to close the outdoor patio dining area by 10:30 p.m. Sunday through
Thursday, and midnight Friday and Saturday to eliminate the potential of any adverse affects.
4. The proposed use relates favorably to the General Plan. The proposed use does relate
favorably with the General Plan. Section 2.5f states that, maintaining neighborhood business
districts for restaurants that attract mainly pedestrian traffic can be acceptable neighbors for
nearby residents. Croll's is an important element to the City and may assist in the
revitalization of the Webster Street Business District.
NOW, THEREFORE, BE IT RESOLVED that the City Council finds that the project is
Categorically Exempt from the California Environmental Quality Act, under Section 15301 of the
CEQA Guidelines, Existing Facilities; and
BE IT FURTHER RESOLVED THAT the City Council denies the appeal and upholds the
Planning Board's approval of Use Permit, UP01 -13, subject to the following conditions:
1 The plans submitted for the Use Permit shall be in substantial compliance with the plans
titled "Croll's Bar & Grill" submitted by Kumar Puttaswamy and Diane Nguyen, dated
May 21, 2001, consisting of 2 sheets, marked as Exhibit "A ", on file in the office of the City
of Alameda Planning Department, subject to the conditions specified in this resolution
approving the project.
2. The Use Permit shall terminate one (1) year from July 9, 2001, unless the applicant applies
for and is granted an extension prior to the expiration of the Use Permit.
3. All interior floor area approved for restaurant use shall be accessible during business hours.
In particular, the interior door connecting the commercial kitchen to the Bar & Grill shall
remain open. The kitchen shall remain open during all hours of operation and a full service
menu shall be available until closing time.
4. The proposed commercial kitchen shall be substantially complete within one (1) year of the
date of this meeting.
5. The proposed restaurant use is permitted to operate between the hours of 7:00 a.m. to 2:00
a.m.
6. Use of the outdoor patio shall be limited to the hours of 7:00 a.m. to 10:30 p.m. Sunday
through Thursday, and 7:00 a.m. to midnight Friday and Saturday.
7. All doors and windows are to remain closed during business hours so noise level will not
become an adverse issue.
8. Any noise emanating from this use shall not be clearly audible across the street from the
Croll's Building on Central Avenue and Webster Street, or at the property line of any
residentially zoned area within proximity of the restaurant.
9. There shall be no amplification of live entertainment, and no live entertainment in the
outdoor dining area.
10. Live entertainment shall be limited to the enclosed area of the restaurant during the hours
of 7:00 a.m. to 10:30 p.m. Sunday through Thursday, and 7:00 a.m. to midnight on Friday
and Saturday.
11. This use permit shall be reviewed by the Planning Board one year from the date of this
approval. The purpose of this Planning Board review will be to confirm compliance with
required conditions and to consider imposing any additional conditions based on impacts
generated by the operation of the restaurant use.
12. This Use Permit may be modified or revoked by the Planning Board, pursuant to Alameda
Municipal Code Section 30- 21.3.d should the Board 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.
13. Complaint with Codes: All work related to the project, including the installation of business
signs shall comply with the applicable Zoning, Uniform Building, and Uniform Fire Codes.
14. Acknowledgment of Conditions: The permittee shall acknowledge and accept in writing the
conditions of approval set out in this Resolution in order for the Use Permit to be exercised.
15. Hold Harmless: The City of Alameda requires that the applicant, or its successors in interest,
defend, indemnify, and hold harmless the City of Alameda or its agents, officers, and
employees from any claim, action, or proceeding against the City or its agents, officers, and
employees to attack, set aside, void, or annul, an approval of the City concerning this Use
Permit approval, which action is brought within the time period provide for in Government
Code Section 66499.37. The City of Alameda shall promptly notify the applicant of any
claim, action or proceeding and the City shall cooperate fully in the defense. If the City fails
to promptly notify the applicant of any claim, action, or proceeding, or if the City fails to
cooperate fully in the defense, the applicant shall not hereafter be responsible to defend,
indemnify, or hold harmless the City.
16. Acknowledgment of Conditions. The applicant shall acknowledge in writing all of the
conditions of approval and must accept this permit subject to those conditions and with full
awareness of the applicable provisions of Chapter 30 of the Alameda Municipal Code in
order for this Use Permit to be exercised.
NOW THEREFORE BE IT RESOLVED that the City Council denies the appeal and upholds
the Planning Board's approval of Use Permit, UP01 -13.
NOTICE. No judicial proceedings subject to review pursuant to California Code of Civil
Procedure Section 1094.5 may be prosecuted more than ninety (90) days following the date of this
decision plus extensions authorized by California Code of Civil Procedure Section 1094.6.
NOTICE. The Conditions of project approval set forth herein include certain fees and other
exactions. Pursuant to Government Code Section 66020(d)(1), these Conditions constitute written
notice of a statement of the amount of such fees, and a description of the dedications, reservations
and exactions. The applicant is hereby further notified that the 90 day appeal period in which the
applicant may protest these fees and other exactions, pursuant to Government Code Section 66020(a)
has begun. If the applicant fails to file a protest within this 90 day period complying with all the
requirements of Section 66020, the applicant will be legally barred from later challenging such fees
or exactions.
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I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly
adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the
21st day of August, 2001, by the following vote to wit:
AYES: Councilmembers Daysog, DeWitt, Johnson, Kerr and
Mayor Appezzato - 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this
22nd day of August, 2001.
Lara Weisiger, Acting City Clerk
City of Alameda