Title
PLN25-0010; Consideration of a Conditional Use Permit (CUP) to expand a legal non-conforming 2,248 square-foot Bar use by approximately 1,369 square-feet within an existing building at 1746 Washington Ave. APN: 77-549-21. Zoning District: DA-2. Applicant and Property Owner: John David Harvey.
Staffreport
SUMMARY AND RECOMMENDATIONS
The applicant is requesting approval of a Conditional Use Permit (CUP) to expand an existing 2,248 square-foot Bar use by approximately 1,369 square-feet into the rear portion of the existing building at 1746 Washington Avenue. This location has been operated as a Bar (formerly the Washington Club) for several decades and predates the Zoning Code’s requirement for a CUP to operate a Bar in the Downtown Area 2 (DA-2) zoning district (Zoning Code Section 2.08.228.B.3). Per Zoning Code Section 5.08.108, the requested expansion requires approval of a CUP. Staff recommends that the Planning Commission adopt the attached Resolution, approving PLN25-0010, based on the recommended Findings of Fact and subject to the recommended Conditions of Approval.
BACKGROUND AND RELATIONSHIP TO SURROUNDING AREA
The project site at 1746 Washington Avenue is a 5,625 square-foot parcel within the DA-2 zoning district. The subject property is located on the east side of Washington Avenue, between Thornton Street on the north and Williams Street on the south. Adjacent properties include single-family houses on both sides of the site, to the rear, and directly across the street from the subject parcel. Other properties in the vicinity include a small retail kitchen and bath shop and vacant commercial spaces.
The subject property is improved with a 3,617 square-foot one-story building, a 476 square-foot garage and a 225 square-foot shed at the rear. Currently, the front 2,248 square feet are occupied by a legal non-conforming bar (“Johnny’s Bar”), which includes a serving area with tables and chairs, a pool table, two restrooms, a storage closet, and a walk-in cooler. Refuse containers are stored at the north side of the building. The rear portion of the building and the accessory structures are currently used for storage of miscellaneous items related to the Bar.
A Bar has operated at this location for several decades and predates the Zoning Code’s requirement for a CUP to operate a Bar in the Downtown Area 2 (DA-2) zoning district (Zoning Code Section 2.08.228.B.3). Per Zoning Code Section 5.08.108, the requested expansion requires approval of a CUP.
PROJECT PROPOSAL
The applicant is requesting to expand the existing Bar operations by renovating the approximately 1,369 square-foot rear portion of the building currently used for storage. The space accessible to customers would increase by 443 square feet and would include one pool table and three dining tables. There would also be two new restrooms (60 and 65 square feet), a 110 square-foot office, a 384 square-foot kitchen with appliances, a 98 square-foot vestibule and a 144 square-foot storage room. The new kitchen would allow food preparation and menu service. A new trash enclosure would replace the existing trash collection area.
STAFF ANALYSIS
General Plan Conformance
The DA-2 zoning district is derived from both the Multi-Use Infill 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.” The general approach is to rely on the benefits of the nearby Downtown San Leandro BART station and the benefits of mixed uses to create a commercially-thriving, pedestrian-friendly, services-rich livable community in the downtown area. A Bar contributes to the vibrant pedestrian-oriented environment envisioned for Downtown San Leandro.
Land Use Compatibility
The applicant’s proposal was analyzed by staff to be appropriate for the site and compatible with the surrounding area, with the implementation of the recommended conditions of approval. Because the business would remain entirely indoors, impacts to surrounding uses are expected to be minimal.
The site does not currently provide off-street parking. However, the project site is located within ½ mile of a Major Transit Stop, the San Leandro BART Station, and therefore minimum off-street parking is not required under the City’s Zoning Ordinance and State law.
Conditions of Approval
The proposal was reviewed by the Police Department, Planning Division, Building and Safety Division and Alameda County Fire Department for conformance with applicable regulations. Recommended conditions of approval have been provided to ensure that the proposed use would not be detrimental to surrounding land uses. The recommended conditions include:
• Limit the maximum occupancy per Building Code requirements and clearly post occupancy restrictions on site.
• Hours of Operation limited to 10:00 AM to 1:30 AM daily.
• All bar activities limited to the inside of the building.
• Comply with the City's Noise Ordinance.
• Comply with the Smoking Pollution Control requirements of the Municipal Code.
• Store refuse containers in the proposed refuse area and no emptying trash between 10 pm and 6 am.
• Maintain the site in good condition.
• Install, use, and maintain security cameras capable of digitally recording audio and video in high-definition (HD-quality) for at least 72 hours inside and outside of the building, covering the building interior, entry/exit doors.
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. The Police Department, in coordination with ABC, may add additional operating restrictions on the ABC license.
FINDINGS OF FACT
To approve the proposed Conditional Use Permit, the Planning Commission 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 is in accord with the objectives of the Zoning Code and the purposes of the DA-2 (Downtown Area 2) Zoning District, in which the Property is located.
The subject property is in the DA-2 Zoning District, which is a zoning district whose objective is to implement the provisions of the Downtown TOD Strategy, which calls for a mix of land uses, including ground floor retail. 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. The expansion to the existing bar would create more space for customers and allow the bar to prepare and serve food, bringing more patrons to the downtown area. Therefore, the expansion of the Bar use would be in accord with the objectives of the DA-2 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 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.
The Bar expansion to allow more customers would further activate the pedestrian environment along Washington Avenue. The proposal would allow the Bar to serve food, which will also attract additional commerce 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 potential 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-2 Zoning District in which it would be located.
The proposed refuse storage area meets all applicable requirements of the DA-2 zoning district; and the property will continue to meet overall lot coverage and floor area regulations. The Bar use will be required to comply with specific operational conditions to ensure ongoing compliance with the DA-2 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. The expanded operation of the Bar within the existing building 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:
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 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-4.5. 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.
RECOMMENDATION
Staff recommends that the Planning Commission adopt the attached Resolution, approving the Conditional Use Permit (CUP) to expand an existing 2,248 square-foot bar by approximately 1,369 square-feet within an existing building at 1746 Washington Avenue (PLN25-0010), based on the recommended Findings of Fact and subject to the recommended Conditions of Approval.
ATTACHMENTS
1. Resolution No. 2025-XXX with Recommended Findings of Fact and Conditions of Approval Approving Conditional Use Permit PLN25-0010
Attachment 1 Exhibit A: Project Plans
Attachment 1 Exhibit B: Project Statement
2. Vicinity Map
PREPARED BY:
Anne Wong, AICP
Associate Planner
Planning Division