Title
PLN22-0033; Consideration of a Conditional Use Permit (CUP) for the continued operation of a Bar, with the addition of Entertainment Events as an accessory use (which may include televised sports and comedy/musical acts), and new outdoor patio at 1680 Washington Avenue. APN: 077-0545-055-02. Zoning District: DA-1. Applicant: James Murry. Property Owner: Jafarzadeh Mehran & Nouri Jenner, LLC.
Staffreport
SUMMARY AND RECOMMENDATIONS
The applicant is requesting approval of a Conditional Use Permit (CUP) for the continued operation of a Bar, with the addition of Entertainment Events as an accessory use (which may include televised sports and comedy/musical acts), and new outdoor patio that would expand the legal non-conforming use located at 1680 Washington Avenue.
The Bar has operated for many years at the subject site and predates the Zoning Code’s Conditional Use Permit requirement to operate a Bar in the Downtown Area 1 (DA-1) zoning district. Per Zoning Code Section 5.08.108, the requested expansion of the use outdoors requires approval of a Conditional Use Permit.
Per Zoning Code Section 2.08.224.B.14, a Conditional Use Permit is also required in the DA-1 zoning district to provide Entertainment Events, which include “televised events” and “musical [or ] comedy acts […] performed by one or more persons” that “occur on a scheduled basis more than six days during a calendar year,” and “are further defined as events advertised as a stand-alone event with a set start or end time, or where a separate admission is charged.”
Staff recommends that the Board of Zoning Adjustments (BZA) adopt the attached Resolution, approving the Conditional Use Permit for the continued operation of a Bar, with the addition of Entertainment Events as an accessory use (which may include televised sports and comedy/musical acts), and new outdoor patio at 1680 Washington Avenue (PLN23-0033), based on the recommended Findings of Fact and subject to the recommended Conditions of Approval.
BACKGROUND AND RELATIONSHIP TO SURROUNDING AREA
The project site is 1680 Washington Avenue, a 9,266 square foot parcel, in the DA-1 zoning district. The subject property is located on the east side of Washington Avenue, between Parrott Street on the north and Thornton Street on the south.
Adjacent properties include a commercial center, Parrott Center, to the north, a single-family home to the east, a two-story mixed-use building (commercial and retail) to the south, and an auto repair facility, Bob’s Auto Tech, to the west, across the street.
The subject property contains a 2,160 square foot two-story building with a legal non-conforming bar on the ground floor containing a bar, tables and chairs, pool table, back-of-house food prep area, and restroom; the upper floor contains a residential use. Refuse containers are stored at the back of the building. The property contains a parking lot with 15 parking spaces, and three landscaping planters at the rear corners of the property and parking lot. There is currently a semi-enclosed patio area at the rear of the building that was approved through the Temporary Outdoor Facilities program during the pandemic.
The property has operated as a bar for decades. Today, Bars are a conditionally permitted use in the DA-1 zoning district, and the Bar operates as Danny Murry’s Irish Pub. The proposed expansion of the use triggers the requirement for a Conditional Use Permit.
PROJECT PROPOSAL
The applicant is requesting to expand the existing bar operations by adding a patio at the rear of the building and adding Entertainment Events.
The new patio would consist of a semi-enclosed wood trellis structure measuring approximately 30 feet wide by 30 feet deep (900 square feet) and 12 feet high with access provided via a door at the rear of the building. A wood fence, approximately 5 feet high, would enclose the patio area on three sides. The outdoor dining area would be outfitted with outdoor seating, infrared heating, and lighting, as showing the Project Plans (Attachment 1 Exhibit A). A new storage shed is proposed behind the new patio structure to enclose refuse collection bins. The wood fence enclosing the patio structure would contain two pedestrian gates, one allowing access from the patio structure to the parking lot and another allowing access from the patio structure to the storage shed.
The proposed Entertainment Events use would include televised sporting events and musical/comedy acts, as detailed in the Project Statement (Attachment 1 Exhibit B). The Project Statement lists trivia nights, painting instruction, comedy acts, live music, televised sports as examples of proposed programming. It also includes larger annual events like St. Patrick’s Day and Mayfest festivals.
STAFF ANALYSIS
The DA-1 zoning district is derived from both the Retail Mixed-Use land use category of the Downtown San Leandro Transit-Oriented Development Strategy (Downtown TOD Strategy), a visionary long-range planning document adopted in 2007 and the subsequently-adopted Downtown Mixed Use (MUD) land use designation of the General Plan.
The Land Use Element of the General Plan (page 3-28) states that this designation “allows a range of uses which together create a pedestrian-oriented street environment. Those uses include retail shops, services, offices, cultural activities, public and civic buildings, and similar and compatible uses,” including residential uses, which may be located in the same building or within separate buildings on the same site or nearby sites. The general approach is to rely on the benefits of the nearby Downtown San Leandro BART station and the benefits of mixing uses to create a commercially-thriving, pedestrian-friendly, services-rich livable community in the downtown area. A Bar with outdoor seating and Entertainment Events contributes to the vibrant pedestrian-oriented environment envisioned for Downtown San Leandro.
Development Regulations
The proposed project would meet Development Regulations required by the Zoning Code.
Setbacks and Height - The proposed patio structure and refuse storage shed would meet setbacks and height requirements of the DA-1 zoning district; and the property would continue to meet overall lot coverage and floor area regulations for the zoning district.
Parking and Loading - The project site is located approximately 1,550 feet from the San Leandro BART Station. Pursuant to Zoning Code Section 4.08.108.A.1 and Assembly Bill (AB) 2097, parking is not required for development projects within one-half mile of a major transit stop, such as the San Leandro BART Station. However, the bar would continue to provide 13 parking spaces.
Landscaping - Together, the three landscaping areas at the rear of the parking lot exceed the minimum 5% landscaping required in the DA-1 zoning district, providing approximately 740 square feet of landscaping, where 463 square feet are required.
Lighting - The proposal for lighting inside the patio structure includes commercial string lights that would be installed at the top of the wood fence, and wall sconces that would be installed on the inside of the fence itself, illuminating the outdoor dining area. All other lighting throughout the parking lot would remain the same. Recommended Conditions of Approval would require the bar to provide sufficient lighting to ensure security and to ensure that new lighting is down-shielded and does not cast light on adjacent properties.
Design Guidelines - While the Zoning Code does not have Commercial Design Guidelines, the City prepared the Downtown Design Guidelines and Principles, which encourages certain design principles to be applied to downtown San Leandro. The guidelines generally call for high-quality materials for outdoor spaces, pedestrian-scale entries, and sensitive placement of parking and service areas, such as refuse storage, security lighting, and delivery areas. The project is generally consistent with these guidelines, by screening mechanical equipment and refuse storage, providing security and down-cast lighting, and providing outdoor spaces that would contribute to placemaking in the downtown area.
Land Use Compatibility
Zoning Code Sections 2.08.224.B.2 and 2.08.224.B.14 list Bars and Entertainment Events as conditionally permitted uses in the DA-1 zoning district, which enables the Board of Zoning Adjustments to review proposed Bars and Entertainment Uses on a case-by-case basis for compatibility with the surrounding area.
The site is generally adjacent to major commercial uses, including the Parrot Center and Bob’s Auto Tech, north and west of the property, respectively. However, south and east, of the property, along Thornton Street, there are several nearby residential and mixed-use properties with dwelling units, which are located in the DA-1 and DA-3 Zoning Districts.
Staff recommends a number of Conditions of Approval that would allow the Bar to expand its use outdoors, inside the patio structure, and to provide Entertainment Events, without creating detrimental impacts to nearby commercial and residential uses.
• The bar would be required to limit the maximum occupancy of the inside of the building to 49 persons and the patio structure to 49 persons. The occupancy restrictions shall be clearly posted on site.
• Hours of Operation for the bar would be limited to Mon: 2 - 11 pm. Tue - Thu: 2 pm - 12 am. Fri 2 pm - 1 am, Sat 2 pm - 12 am, Sun 10 am - 11 pm. Regardless of bar hours of operation, all patio operations (including entertainment and dining services) would be required to end at 10 pm.
• Entertainment Events shall be limited to two events per week.
• All bar activities would be limited to the inside of the building and the inside of the patio structure.
• The bar would be required to comply with the City's Noise Ordinance.
• The bar would be required to comply with the Smoking Pollution Control requirements of the Municipal Code.
• Refuse containers would be required to be stored in the proposed storage shed. The applicant would be prohibited from emptying trash between 10 pm and 6 am.
• The Applicant/Property Owner would be required to maintain all outdoor furniture, fences, lighting fixtures, landscaping, and signs in good condition.
• The bar would be required to provide two state-certified security officers Friday and Saturday nights, 8 pm to 2 am, or during any Entertainment Event, or any time separate admission (i.e. “cover”) is charged.
Prior to operating the proposed expanded use, the applicant is required to obtain required permits, including building permits and the California Department of Alcohol and Beverage Control (ABC) license for the operation of the bar inside the patio structure. The Police Department, in coordination with the ABC may add additional operating restrictions on the ABC license as part of the procedures of that agency.
FINDINGS OF FACT
To approve the proposed Conditional Use Permit, the Board of Zoning Adjustments must make certain Findings of Fact, pursuant to Zoning Code Section 5.08.124. Staff has analyzed the proposal and determined that the following required findings can be made.
1. The proposed location of the Project use is in accord with the objectives of the Zoning Code and the purposes of the DA-1 (Downtown Area 1) Zoning District, in which the Property is located.
The subject property is in the DA-1 Zoning District, which is a zoning district whose objective is to implement the provisions of the Downtown San Leandro Transit-Oriented Development Strategy (Downtown TOD Strategy), which calls for a mix of land uses, including ground floor retail and residential mixed-use development. The Downtown TOD Strategy also calls for creating a pedestrian-friendly environment that capitalizes on its proximity to the Downtown San Leandro BART station by reducing land devoted exclusively to parking. Building the patio structure would allow the property to more closely align with the development pattern envisioned for the downtown area.
The DA-1 zoning district also calls for improving the retail core area of downtown. The addition of Entertainment Events would allow for a greater variety of activities available downtown, in an area that is already largely commercial and contains the necessary infrastructure to support the use.
Therefore, the expansion of the Bar use and the addition of accessory Entertainment Events will be in accord with the objectives of the DA-1 zoning district in which the property is located.
2. The proposed location of the Project and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan; will not be detrimental to the public health, safety or welfare of persons residing, or working in, or adjacent to, the neighborhood of such use; and will not be detrimental to properties or improvements in the vicinity, or to the general welfare of the City.
The subject property is in the Downtown Mixed Use (MUD) land use designation of the General Plan. The Land Use Element of the General Plan (page 3-28) calls for a range of uses, including retail shops, cultural activities, residential uses, and similar and compatible uses which may be located on the same site or nearby sites.
Building the patio structure for outdoor dining will encourage daytime commercial use of the property, which will activate the pedestrian environment along this portion of Washington Avenue. Likewise, the addition of Entertainment Events will also provide a variety of uses and bring additional periodic commerce to downtown in alignment with the goals of the MUD land use designation.
The maximum occupancy, hours of operation, required security, and other operational and general maintenance conditions of approval will help reduce possible impacts to adjacent and nearby residents, businesses, and the general vicinity. Therefore, the project, as conditioned, will not create any detrimental effects to public health, safety, welfare, and properties and improvements in the vicinity or the City at large.
3. The proposed Project will comply with the provisions of the Zoning Code, including all requirements for the proposed use in the DA-1 Zoning District in which it would be located.
The proposed patio structure and refuse storage shed meet all applicable requirements of the DA-1 zoning district; and the property will continue to meet overall lot coverage and floor area regulations. The Bar use, together with the accessory Entertainment Events, will be required to comply with specific operational conditions to ensure ongoing compliance with the DA-1 District requirements.
4. The proposed Project will not create adverse impacts on traffic or create demands exceeding the capacity of public services and facilities, which cannot be mitigated.
The bar is located in an area served by major transit, including the San Leandro Downtown BART station, and the Downtown San Leandro Tempo bus stop (at the intersection of Davis Street and Hays Street), both of which are major transit stops serving downtown. The addition of a new outdoor dining area and accessory entertainment events will not create adverse impacts on traffic.
The project, as conditioned, will have adequate trash collection and will be well-serviced by all utilities and infrastructure necessary for the operation of this commercial use. Therefore, the project will not exceed the demands of public services and facilities.
GENERAL PLAN CONFORMANCE
The subject property has a General Plan land use designation of Downtown Mixed Use (MUD). Chapter 3 of the General Plan (page 3-28) states that this designation “allows a range of uses which together create a pedestrian-oriented street environment. Those uses include retail shops, services, offices, cultural activities, public and civic buildings, and similar and compatible uses.” The proposed bar project would be compatible with and consistent with General plan goals, policies, and actions for the MUD land use designation because it would add to the variety of retail uses available to consumers and residents in the downtown area. The following are specific General Plan goals, policies, and actions that the proposed project would address (note: LU-Land Use, ED-Economic Development):
Policy LU-2.1. Complete Neighborhoods. Strive for “complete neighborhoods” that provide an array of housing choices; easy access to retail stores, commercial services, and medical care; quality public schools; great parks and open spaces; affordable transportation options; and civic amenities.
Action LU-2.1.A. Retrofitting Neighborhood Form. Identify opportunities and pursue grants to “retrofit” neighborhoods that were originally designed for auto access and convenience in a manner that facilitates walking and bicycling, and reduces dependence on motorized vehicles for short trips.
Policy LU-6.1. Downtown Plans. In accordance with the adopted Downtown Plan and Urban Design Guidelines and the Downtown San Leandro Transit Oriented Development Strategy, ensure that new downtown development is attractive and creates an image conducive to revitalization.
Policy LU-6.3. Retail-Service Improvements. Develop and implement business development strategies that improve the mix of retail and service businesses Downtown, with an emphasis on higher-end retail shops, sit-down restaurants, and entertainment uses. Downtown San Leandro should be the city’s primary destination for dining and entertainment, and efforts to attract higher end restaurants and entertainment venues should focus on the Downtown area.
Policy LU-7.9. Business Amenities. Improve business amenities such as restaurants, support services for business, public transit, walkable streets, and bike lanes.
Policy ED-2.7. Small Businesses. Creative a supportive environment for small businesses, particularly locally-owned retail and service businesses Downtown and in the city’s neighborhood centers.
Policy ED-4.1. Retail Diversity. Encourage a diverse range of commercial uses, offering goods and services that fully meet the needs of San Leandro residents and businesses. The City should recruit new businesses that: (a) fill gaps in the range of goods and services currently available; and (b) act as catalysts for attracting other retailers to the City.
Policy ED-4.4. Business District Improvements. Encourage upgrades to the appearance of businesses and the condition of properties in the city’s business districts.
Policy ED-4.5. Downtown San Leandro. Continue efforts to transform Downtown into a successful, pedestrian-oriented, mixed-use district with services and amenities for workers, residents, and visitors. Downtown should be the gathering place for the city, providing restaurants, cafes, and a wide range of retail stores and services in a walkable setting.
ENVIRONMENTAL REVIEW
This proposed project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines, Existing Facilities.
PUBLIC OUTREACH
A notice of public hearing was published for this project in the East Bay Times Daily Review newspaper, mailed to property owners within 500 feet of the subject property, and posted at the Project Site and City Hall on Friday, January 19, 2024.
RECOMMENDATION
The use, as conditioned conforms to the City Zoning Code and General Plan. Staff therefore recommends that the Board of Zoning Adjustments adopt the attached Resolution, approving the Conditional Use Permit for the continued operation of a Bar, with the addition of Entertainment Events as an accessory use (which may include televised sports and comedy/musical acts), and a new outdoor patio at 1680 Washington Avenue (PLN23-0033), based on the recommended Findings of Fact and subject to the recommended Conditions of Approval.
ATTACHMENTS
1. Resolution No. 2024-XXX with Recommended Findings of Fact and Conditions of Approval Approving Conditional Use Permit PLN23-0033
Attachment 1 Exhibit A: Project Plans
Attachment 1 Exhibit B: Project Statement
2. Vicinity Map
PREPARED BY:
Lourdes Juarez
Assistant Planner
Planning Division