Title
PLN15-0032; Conditional Use Permit to allow a craft beer tavern, defined in the San Leandro Zoning Code as a Bar, that will offer craft beer, draft wine, and craft soda with seating for 65 patrons within an existing building at 1517 East 14th Street. Pursuant to San Leandro Zoning Code Section 2-636.B.2, a Bar is a conditionally permitted use on the subject property which is in the (DA-1) Downtown Area-1 District. Assessor’s parcel number 077-0545-031-00; applicant (Long Beer’d LLC), property owners (B. Gordon, J. Gordon and J. Mitchell).
Staffreport
SUMMARY AND RECOMMENDATIONS
The applicant and property owners propose to utilize approximately 1,259 square foot of internal floor space for a craft beer tavern within the existing 1,919 square foot tenant space at first floor level at 1517 East 14th Street. The proposed bar covers approximately 66 percent of the overall floor area. Zoning Code Section 2-636.B.2 requires a Bar in DA-1 Downtown Area Districts to obtain Conditional Use Permit approval.
Staff believes that, with the recommended Conditions of Approval, the craft beer tavern could operate effectively and would be compatible with adjacent downtown uses, and would not be a detriment or burden to the surrounding area. Staff recommends that the Board of Zoning Adjustments:
A) Adopt the CEQA categorical exemption;
B) Adopt the recommended Findings of Fact; and
C) Approve Conditional Use Permit PLN15-0032 subject to the attached recommended Conditions of Approval.
APPLICANT’S SUPPORTING STATEMENT
See Attached Statement.
RELATIONSHIP TO SURROUNDING AREA
The subject parcel, 1517 East 14th Street, is located on the west side of the street within the Pelton Shopping Center. The subject site and surroundings are zoned as Downtown Area (DA-1) and are occupied primarily by retail and commercial uses. Premises serving alcohol in this location of Downtown is not unusual and the Department of Alcoholic Beverage Control (ABC) license process will assess the impact of alcohol uses in the area. A variety of mixed commercial and retail uses are located in the shopping center, including: Baskin Robbins and Taqueria Los Pericos; with office suites A-D on the upper floor and neighboring uses including: Le Soleil, Chipotle, and Luke’s Grill. The building is accessed from the front sidewalk and with service access to the rear.
DETAILS OF PROPOSAL
The applicant proposes inside seating areas including tables and chairs, counter seating and disabled seating, with a total of 65 seats. The applicant also intends to dedicate three refrigerators, located behind the sales counter, approximately 15 square feet, for off-site alcohol sales. Sales will consist of craft beer, craft wine and craft soda. No food service is proposed; however, patrons will be able to bring takeout food from outside premises into the craft beer tavern. The floor plans (Exhibit B) show the layout of the entire bar to include a small office space (142 sf), the bar “Customer Area” (1259 sf), men’s and women’s bathrooms and tables and chairs. The proposed hours of operation are 11 a.m. to 11 p.m. Sunday to Thursday, and 11 a.m. to 12 a.m. Friday to Saturday. Improvements proposed to the site include new signage, and interior improvements to refurbish this retail unit. The premises will employ up to 10 part time employees.
STAFF ANALYSIS
Bars are a conditionally permitted use within the (DA-1) Downtown Area-1 Zoning District. Because this is a relatively small commercial unit and the servicing areas (including service counter, offices and backroom facilities) make up a large proportion of the usable floor space, the total usable area for customers represents only 66 percent of the total floor area of the 1,919 square feet unit. Uses may be conditionally permitted whenever the City has deemed that they would be compatible in the subject Zoning District and when Conditions of Approval ensure that such use will operate in harmony with the surrounding Zoning.
The proposal has been reviewed by City Departments and the recommended Conditions of Approval ensure adherence to Building and Fire Code and ensure the use is compatible with surrounding retail and commercial uses. With implementation of the recommended conditions of approval, the bar would not only be compatible but would complement the surrounding area, enhancing community activity to support other commercial uses in the area and enhance Downtown amenities.
The applicant is also subject to the ABC application process. A determination of public convenience and necessity would be undertaken through a separate planning application process. Staff has recommended a condition of approval to limit the use to only beer and wine service (an ABC Type 42 license) which will prevent any potential future ownership changes to transform this into a full bar with distilled liquor (an ABC Type 48). See attached List of ABC License Types for full details of these two ABC categories. The condition would limit any “grandfathering” of the craft tavern into a common bar. The San Leandro Police Department has endorsed this limitation.
Zoning code regulations for on-premises signs require consistency with the Downtown San Leandro Design Guidelines. The guidelines state that wall signs shall comply with the following standards:
- Maximum sign area: Twelve square feet;
- Maximum letter height: Twelve inches;
- Exception to height: Maximum letter height allowed up to sixteen inches with fine font or small name;
- Accent letter: Can be twenty percent larger.
The applicant has submitted an example of the proposed signage which will be used. Although the sign appears appropriate for this building and location, dimensioned drawings are still required for building permit.
GENERAL PLAN CONFORMITY
The proposed use conforms to the General Plan, which designates the property as Downtown Mixed Use, characterized by a large range of commercial uses and states that it allows for these “entertainment” type uses as specified by General Plan Goal 6: Downtown revitalization. Staff categorizes the proposed bar under the general category of retail, as its primary intent is to provide a retail option to purchase beer for consumption. As such it would be a downtown amenity and destination within the surrounding Downtown area. The following General Plan goal is achieved:
Goal 6.02 Retail Service Improvements - develop and implement business development strategies that improve the mix of retail service businesses Downtown, with an emphasis on higher-end retail shops, sit-down restaurants and entertainment uses.
Goal 7.06 Adaptive Reuse - Encourage private reinvestment in vacant or underutilized industrial and commercial real estate to adapt such property to changing economic needs, including the creation of flex/office space.
Goal 8.02 Retail Diversity - Encourage a diverse range of commercial uses in the city, 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.
Proposed tenant improvements will ensure the retail building is revitalized. Building signage and other on-site improvements will ensure compatibility with existing neighbors. The above analysis of impacts and potential conflicts, which will be mitigated through the recommended Conditions of Approval, indicate that the conversion of space in this older retail unit to accommodate the proposed bar is conditionally compatible at this site.
PUBLIC OUTREACH
This item received standard noticing for the November 5, 2015 Zoning Board of Adjustment hearing, including a legal advertisement in the Daily Review newspaper, the posting of placards on the property and notice sent out to property owners and businesses within 500 feet of the subject property. Attached is a supportive comment/email that was received from SMD Insurance.
ENVIRONMENTAL REVIEW
Staff recommends that the Board find this item to be categorically exempt from the California Environmental Quality Act (CEQA) per CEQA Guidelines, Article 19, Section 15301 (a) for Existing Facilities to exempt this property as a use of an existing structure with minor interior alterations.
RECOMMENDATION
Staff believes, that with adherence to the recommended Conditions of Approval, the new bar will be an appropriate use at the site and will provide amenities complimentary to the surrounding retail and commercial properties. The applicant will be upgrading the building internally and installing new signage to give a more attractive aesthetic appearance from the street. A condition limiting the use to beer and wine service will eliminate any potential for a full bar from being established at this site in the future.
The use as proposed conforms both to the City Zoning Code and the General Plan. Any planning issues associated with this application will be mitigated by the implementation of the proposed conditions of approval. Staff therefore recommends that the Board of Zoning Adjustments:
A. Adopt the findings that this project is exempt under the California Environmental Quality Act (CEQA) per CEQA Guidelines, Article 19, Section 15301 (a) for existing facilities with no expansion;
B. Approve the attached Findings of Fact for the Conditional Use Permit for PLN15-0032; and
C. Approve Conditional Use Permit PLN15-0032 subject to the recommended Conditions of Approval.
ATTACHMENTS
Vicinity Map
Applicant Statement
Conceptual Sign Plan
Recommended Findings of Fact
Recommended Conditions of Approval
Comment from SMD Insurance
List of ABC License Types (excerpt)
Exhibit A - Cover Sheet
Exhibit B - Site Survey
Exhibit C - Site Plan and Elevations
Exhibit D - Demolition Plan
Exhibit E - Proposed Floor and Ceiling Plan
Exhibit F - Enlarged Plans and Finish Schedule
Exhibit G - Exiting and Accessibility
Exhibit H - Building Sections
Exhibit I - Interior Elevations
Exhibit J - ADA Guidelines
Exhibit K - Misc Details
Exhibit L - Ceiling Details/Partition Types
Exhibit M - Schedules
PREPARED BY: Robert Smith, Contract Planner for City of San Leandro and Anjana Mepani, Planner II, Planning Services Division