1407 San Pablo Avenue

Transcription

1 Z O N I N G A D J U S T M E N T S B O A R D S t a f f R e p o r t FOR BOARD ACTION APRIL 26, San Pablo Avenue UP # to establish a full service restaurant with incidental service of beer, wine and distilled spirits. I. Application Basics A. Land Use Designations: General Plan: Avenue Commercial Zoning: C-W, West Berkeley Commercial District B. Zoning Permits Required: Use Permits to allow the incidental sale of alcohol in a full service restaurant, under BMC Sections 23E & 23E Administrative Use Permit to convert a quick-service restaurant to a full service restaurant, under BMC 23E C. CEQA Determination: Categorically exempt pursuant to Section of the CEQA Guidelines ( New Construction or Conversions of Small Structures ) D. Parties Involved: Applicant: Owner: Stella Nonna Inc Haste St. Berkeley, CA East West Bay Holdings 2983 Dwight Way Berkeley, CA Milvia Street, Berkeley, CA Tel: TDD: Fax: zab@ci.berkeley.ca.us

2 April 26, 2012 Page 2 of 10 Figure 1: General Area Vicinity Map Project Location

3 April 26, 2012 Page 3 of 10 Figure 2: Vicinity Map Residential Uses Gas Station Car Repair Commercial 1 st floor/ Residential above Commercial and Residential Uses Commercial and Residential Uses

4 April 26, 2012 Page 4 of 10 Figure 3: Floor Plan Table 1: Land Use Information Location Existing Use Zoning District General Plan Designation Subject Property Surrounding Properties North South West 1407 San Pablo Avenue Commercial and Residential Auto Repair Commercial and Residential C-W West Berkeley Commercial District East Residential R-2 Restricted Two-Family Residential District Table 2: Special Characteristics Characteristic Applies to Project? Explanation Alcohol Sales/Service Yes The operator has applied for a Type 47 ABC License which authorizes the sale of beer, wine and distilled spirits for consumption on-site at a bona fide restaurant.

5 April 26, 2012 Page 5 of 10 Table 3: Project Chronology Date December 20, 2011 January 19, 2012 April 12, 2012 April 26, 2012 March 19, 2012 Action Application submitted Application deemed complete Public hearing notices mailed/posted ZAB hearing PSA deadline Table 4: Development Standards Standard BMC Sections 23E Existing Proposed Permitted/ Required 1407 San Pablo Avenue 2,435 sq. ft. No Change N/A Hours of Operation 7AM 10PM 7AM 11PM 7AM 2AM Seating (Interior) 39 No Change N/A Seating (Patio) 16 No Change N/A Parking 5 No Change N/A II. Project Setting A. Neighborhood/Area Description: The project site is located on a major commercial corridor with a mixture of retail, personal service and auto-oriented businesses, as well as limited residential uses, located in one- and two-story buildings. The block to the north (San Pablo between Camelia and Gilman) is a focus of commercial activity on San Pablo Avenue, and a designated node in the West Berkeley Commercial District. Relatively small-scaled single-family dwellings abut the site to the east along Kains Avenue, while a mix of commercial and residential can be found to the north, along Camelia Street. Light manufacturing and warehouse uses are also located to the west along Camelia Street. B. Site Conditions: The subject site is an approximately 10,000 sq. ft. parcel with a one-story 5,833 sq. ft. commercial building comprised of one retail store (adjacent to San Pablo Avenue frontage), three office/retail spaces (rear of the building) and the restaurant located in the interior adjacent to the off-street parking. The restaurant was established as a quick service restaurant with outdoor seating pursuant to Administrative Use Permit # , which was approved by the Zoning Officer on November 4, Building renovation was approved by Design Review permit # , approved by Design Review staff on November 22, 2010.

6 April 26, 2012 Page 6 of 10 III. Project Description The project is located in west Berkeley, on the east side of San Pablo Avenue, a block from Gilman Avenue and immediately south of the San Pablo/Gilman Avenue designated commercial node. The applicant proposes to change the restaurant from quick service to full service and add incidental service of beer, wine and distilled spirits. IV. Community Discussion A. Neighbor/Community Concerns: The applicant posted a proposed development sign at the site prior to the application submittal. The public hearing notice was posted and hearing notices were sent via US Postal Service on April 12, No letters of support or opposition had been received at the time of the writing of this staff report. B. Committee Review: No changes to the approved exterior modifications are proposed as part of this permit. Any façade or sign changes would require review by the Design Review Commission. V. Issues and Analysis A. Conversion of Quick Service Restaurant to Full Service: The applicant has applied to convert a quick serve restaurant (with outdoor seating and incidental catering) to a full service restaurant. The site is located immediately south of a designated commercial node and adjacent to residential uses on both sides of San Pablo Avenue, Camelia Street and Kains Avenue. The conversion will expand the use and create a use that will intensify the commercial nature of the district as well as supply a valuable service for both the immediate area as well as West Berkeley in general. B. Beer, wine and distilled spirits: The applicant has applied for a Type 47 license from the State Department of Alcoholic Beverage Control (ABC) that authorizes the sale of beer, wine and distilled spirits for consumption at a bona fide restaurant. The proposed use permit brings the total to approximately two (2) sit-down restaurants with licenses for bar and alcohol sales within a 1,000-foot radius of the project location. BMC Chapter 23E B.1 requires that the applicant provide a list of all establishments within a 1,000-foot radius which are in the same category of alcoholic beverage sales or service (See Map- Figure 4). In order to approve the application, the Board must make all of the findings of Public Convenience or Necessity. The required findings are evaluated as follows: BMC 23E B.2.a requires that the proposed establishment of full alcohol service will help to promote the City s economic health, contribute to General Plan or Area Plan policies, or further the district purposes.

7 April 26, 2012 Page 7 of 10 Staff Response: The addition of alcohol service incidental to a full service restaurant will provide additional beverage choices and help expand the restaurant s customer base. The expansion of the customer base will help intensify retail, commercial and mixed uses on the San Pablo Avenue corridor. While there is another restaurant within the 1,000 foot buffer area that offers the same category of alcohol service (T-Rex), this will be the first full service Italian restaurant. According to the applicant s statement, the restaurant will focus on unique regionally accented cuisine and would like to serve cocktails as most patrons will expect this level of service/offering at a bistro-like establishment. BMC 23E B.2.b requires that the economic benefits associated with the establishment could not be reasonably achieved without the proposed alcohol sales. Staff Response: According to the applicant, an essential element of their business concept is to offer a bistro-like setting that feels welcoming and offers high quality food and beverage at high value price points. The addition of alcohol will allow them to remain competitive with other restaurants in the area that are mostly quick serve. BMC 23E B.2.c requires that the applicant has not operated a licensed establishment that has been the subject of verified complaints or violations regarding alcohol, public safety or nuisance statutes or regulations, however, the Board may grant a Use Permit when there is record of only one complaint or violation against an applicant for on-sale restaurant service. In such cases, the Board shall take into consideration the circumstances of the complaint or violation and the concern of local neighborhood groups. Staff Response: The applicant has not operated a licensed establishment that has been the subject of verified complaints or violations regarding alcohol, public safety or nuisance statues or regulations, as this is their first restaurant. BMC 23E B.2.d requires that if the proposed establishment is located within one thousand (1,000) feet of any public park or Berkeley Unified School District (BUSD) school, the Board shall take into consideration the effect of the proposed establishment upon such sensitive public uses. Staff Response: There are no public parks or Berkeley Unified School District schools within one thousand feet of the project. BMC 23E B.2.e requires that the Police Department report that the proposed establishment would not be expected to add to crime in the area. Staff Response: The Police Department was notified of the application and determined that there were no concerns with the application for incidental service of beer, wine and distilled spirits at the restaurant.

8 April 26, 2012 Page 8 of 10 Figure 4: 1,000-Foot Alcohol Radius Map T Rex Restaurant Site

9 April 26, 2012 Page 9 of 10 C. General and Area Plan Consistency: The 2002 General Plan contains several policies applicable to the project, including the following: 1. Policy LU-7 Neighborhood Quality of Life, Action A: Require that new development be consistent with zoning standards and compatible with the scale, historic character, and surrounding uses in the area. Staff Analysis: The operation of the restaurant with incidental beer, wine, and distilled spirits service, will be subject to conditions of approval regarding potential noise, littering and loitering and good management practices to ensure minimal impacts on any nearby residential uses. 2. Policy LU-27 Avenue Commercial Areas: Maintain and improve Avenue Commercial areas, such as University, San Pablo, Telegraph, and South Shattuck, as pedestrian-friendly, visually attractive areas of pedestrian scale and ensure that Avenue areas fully serve neighborhood needs as well as a broader spectrum of needs. Staff Analysis: The change from quick service to full service and the addition of incidental beer, wine and distilled spirits will offer convenient, full service dining for adjacent residences and visitors within a newly renovated building, also intensifying the commercial character of the San Pablo Avenue Commercial area. 3. Policy LU-33 Implement the West Berkeley Plan and take actions that will achieve the three purposes of the Plan: Maintain the full range of land uses and economic activities including residences, manufacturing, services, retailing, and other activities in West Berkeley. Maintain the ethnic and economic diversity of West Berkeley's resident population. Maintain and improve the quality of urban life, environmental quality, public and private service availability, transit and transportation, and aesthetic and physical qualities for West Berkeley residents and workers. (Also see Economic Development and Employment Policy ED-2.) Staff Analysis: The operation of a full service restaurant with incidental service of beer, wine, and distilled spirits will provide a use not typically found in the area and will enhance the quality of urban life by providing good quality and culturally diverse food for nearby residences and any visitors to the area. The food service intends to draw on the immediate neighborhoods and this will intensify the pedestrian oriented activity along the commercial corridor.

10 April 26, 2012 Page 10 of 10 VI. Recommendation Because of the project s consistency with the Zoning Ordinance and General Plan, and minimal impact on surrounding properties, Staff recommends that the Zoning Adjustments Board: A. APPROVE Use Permit # pursuant to Section 23B and subject to the attached Findings and Conditions (see Attachment 1). Attachments: 1. Findings and Conditions 2. Project Plans & Applicant Statement, received December 20, Notice of Public Hearing Staff Planner: Claudine Asbagh, casbagh@ci.berkeley.ca.us, (510)