2056 San Pablo Avenue - Berkeley, California · the intersection of San Pablo Avenue and University Avenue, one of the busiest intersections in the City. This project is within one

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

2120 Milvia Street, Berkeley, CA 94704 Tel: 510.981.7410 TDD: 510.981.7474 Fax: 510.981.7420

E-mail: [email protected]

FOR BOARD ACTION

MAY 28, 2015

2056 San Pablo Avenue

Use Permit #ZP2014-0087 to: 1) change an existing 1,400-square-foot quick-service restaurant to full-service; 2) serve distilled spirits in addition to beer and wine; 3) add outdoor seating and service in the 250-square-foot patio at the rear of the building; and 4) extend the hours of operation until 12:00 a.m. seven days a week, with outdoor patio service ending at 10:00 p.m.

I. Background

A. Land Use Designations:

General Plan: AC – Avenue Commercial

Zoning: C-W – West Berkeley Commercial B. Zoning Permits Required:

Use Permit to Serve Distilled Spirits Incidental to Food Service, per BMC Section 23E.64.030

Administrative Use Permit to Establish a Full Service Restaurant between 1,501-2,500 square feet (includes outdoor café seating), under BMC Section 23E.64.030

Administrative Use Permit to Establish Outdoor Café Seating abutting an R-District, per BMC 23.64.030

C. CEQA Determination: Categorically exempt pursuant to Section 15303 of the

CEQA Guidelines (“New Construction or Conversion of Small Structures”). D. Parties Involved:

Applicant Hamei Hamedi Fard 2056 San Pablo Avenue, Berkeley, CA 94702

Property Owner Matin Moghadam 10 Wanflete Court, Orinda, CA 94563

ZONING ADJUSTMENTS BOARD 2056 SAN PABLO AVENUE May 28, 2015 Page 2 of 9

File: \\cobnas1\Planning$\LANDUSE\Projects by Address\San Pablo\2040-2056\2056\ZP2014-0087\Document Finals\ZAB Docs\2015-05-28_ZAB SR_2056 San Pablo.docx

Figure 1: Vicinity Map w/ABC License 1000’ Radius Map

ABC License Type Business

ABC License Type Business

09 - Beer and Wine Importer PREMIER CRU

41 - On Beer Wine Eating Place LOCAL 123

17 - Beer and Wine Wholesaler PREMIER CRU

41 - On Beer Wine Eating Place PRIYA RESTAURANT

20 - Off Beer Wine PREMIER CRU

41 - On Beer Wine Eating Place EAT @ THAI

21 - Off General ST HELENA LIQUOR

41 - On Beer Wine Eating Place CAFE YESTERDAY

41 - On Beer Wine Eating Place LANE SPLITTER PUB

41 - On Beer Wine Eating Place CAFE V

41 - On Beer Wine Eating Place TEMARI

47 - On General Eating Place TEMPLE BAR

41 - On Beer Wine Eating Place LUCA CUCINA ITALIANA

48 - On General Public ACME BAR

41 - On Beer Wine Eating Place GAUMENKITZEL 48 - On General Public ALBATROSS PUB

Rosa Parks

Elementary School

REALM Charter

School

Black Pine Circle

Day School

George Florence

Park



Figure 2: Site Plan & Floor Plan

6

7

Tenth Street

San Pablo Avenue

1 2 3 4 5

21

20 19 18 17 16 15

14 13 12 11 10 9

8



Table 1: Land Use Information

Location Existing Use Zoning District General Plan Designation

Subject Property Food Service Establishments,

Retail, Laundromat, Parking Lot C-W, R-3

Avenue Commercial Medium Density Residential

Surrounding Properties

North Food Service Establishment,

Retail C-W Avenue Commercial

South Food Service Establishment,

Retail C-W Avenue Commercial

East Mixed Commercial C-W Avenue Commercial

West YMCA Head Start, Residences R-3 Medium Density Residential

Table 2: Special Characteristics

Characteristic Applies to Project?

Explanation

Alcohol Sales/Service yes The operator is applying for a Type 47 ABC License, which authorizes the sale of beer, wine, and distilled spirits for a bona fide restaurant

Table 3: Project Chronology

Date Action

December 31, 2014 Application submitted

April 16, 2015 Application deemed complete

May 14, 2015 Public hearing notices mailed/posted

May 28, 2015 ZAB hearing

June 15, 2015 PSA deadline1

1. Project must be approved or denied within 60 days after being deemed complete if exempt from CEQA, or 60 days after adoption of a negative declaration, or 180 days after adoption of an EIR (Govt. Code §65950).

II. Project Setting

A. Neighborhood/Area Description: The site is located near the southwest corner of

the intersection of San Pablo Avenue and University Avenue, one of the busiest intersections in the City. This project is within one of the seven designated ‘Nodes’ of the West Berkeley Commercial zoning district. The development pattern surrounding the project site is urbanized and consists of a wide range of medium to high intensity commercial uses. The surrounding properties along San Pablo are all commercial. The parking lot behind abuts the YMCA Head Start facility to the north and a single-family residence to the south.



B. Site Conditions: The subject property is a 20,000-square-foot through lot situated

between University Avenue to the north and Addison Street to the South. The property is developed with a single-story, 10,000-square-foot masonry building fronting San Pablo Avenue. The building is divided into four tenant spaces with the subject restaurant located at the southern end of the building. The other tenant spaces are occupied by a retail Mediterranean food market and a laundromat. The fourth space is currently vacant. Behind the building is an approximately 8,000-square-foot, 21-space parking lot with access off of Tenth Street. The property is split zoned with the San Pablo frontage zoned West Berkeley Commercial (C-W) and the portion fronting Tenth Street back 135-feet from the property line—the majority of the parking lot—zoned Multiple Family Residential (R-3).

III. Project Description The applicant currently operates a 1,400-square-foot quick-serve Vietnamese fusion restaurant serving beer and wine (Type 41 ABC License), with allowable hours of operation from 7:00 a.m. to 9:00 p.m. Monday through Thursday and 7:00 a.m. to 10:00 p.m. Friday and Saturday. The project requests to change the restaurant from a quick- to a full-service restaurant; to add outdoor seating in the approximately 250-square-foot patio located at the rear of the tenant space; to serve distilled spirits (Type 47 ABC License) in addition to beer and wine; and to extend the hours of operation until 12:00 a.m. seven days a week, with outdoor patio service ending at 10:00 p.m.

IV. Community Discussion A. Neighbor/Community Notification and Concerns: Prior to submittal of the

application on December 31, 2014, the applicant installed a pre-application poster. On May 14, 2015, the City mailed notices to adjoining property owners and occupants, and to interested neighborhood organizations and posted the public notice at and around the project site. One nearby resident contacted staff with concern about noise and potential illicit activity in the parking lot in the late hours of the night. Upon project revision reducing the requested closing time to midnight and closing the patio at 10:00 p.m., the neighbor no longer has concerns. See Attachment 6.

B. Committee Review: This project is not subject to Committee review.



V. Issues and Analysis A. Issues:

1. Full-Service Restaurant/Extended Hours of Operation: The applicant has been operating a quick-service restaurant at this location for the past two and half years. The intent of the current application is to more fully develop the business and provide the neighborhood a full-service restaurant that is a dinner destination, accommodating a range of night time customers. Full-service restaurants are often anchors for commercial corridors, attracting activity and providing synergy with neighboring retail and household services. The proposed project meets the West Berkeley Commercial District purpose of attracting and retaining retail and restaurants and meets the purpose of the designated nodes by intensifying retail, commercial and mixed use activity around major intersections.

2. Service of Distilled Spirits (Type-47 ABC license): The applicant is requesting to serve distilled spirits incidental to food service in addition to beer and wine. As there is another Type 47 license (Handlebar (Temple Bar on map)) within a 1,000-foot radius of the subject site—see Figure 1 above—in order to approve this request the ZAB must make findings of “Public Convenience or Necessity” (BMC §23E.16.040.2) Staff believes this application satisfies the required findings as analyzed below.

a. The proposed establishment will promote the City’s economic health,

contribute to General Plan or Area Plan policies or further District purposes.

As discussed above, the proposed project would assist an existing restaurant solidify its business located near a busy intersection in one of the District’s nodes. The full service bar would complement food service to the seated patronage and the later hours of operation would provide late night eating options for patrons of evening activities or those on a night owl schedule. The project would meet the purposes of retaining a balance of both smaller and larger restaurants that serves area residents as well as a broader clientele. The project also meets the purpose of the designated nodes by intensifying retail, commercial and mixed use activity around major intersections. Staff believes this finding can be made.

b. The economic benefits associated with the establishment could not

reasonably be achieved without the proposed alcohol sales.

The proposed retail sales of distilled spirits are expected to increase revenue and the profit margin of this independently owned, local business. Increased business revenue would result in increased tax revenue for the City as well as provide reasonable assurance that the restaurant would stay in business. The economic benefit of a vital local business cannot be achieved through a vacant tenant space. Staff believes this finding can be made.



c. 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.

A license query from the California Department of Alcoholic Beverage Control indicates that as of May 5, 2015, there is no active disciplinary action and no disciplinary history or holds on the applicant’s ABC license.1 Additionally, the Police Area Coordinator reports that during its two and a half years in operation, the Police have received no disturbance, civil and/or criminal complaints against Café V (see Attachment 4 for Police Department Memo). Staff believes this finding can be made.

d. 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.

The half-acre George Florence Park and a tip of Rosa Park Elementary School property falls within a 1,000-foot radius of the subject site. In addition, although not part of the BUSD, REALM Charter Middle and High School and a tip of Black Pine Circle Day School, a private K-8, fall within the 1,000-foot radius. As the existing sales of beer and wine at the subject restaurant have not been reported to affect the nearby park or schools, staff does not anticipate the inclusion of distilled spirit sales to alter this outcome. Alcohol is served incidental to meals, with the primary hours of business beginning at 5:30 p.m., after the school day has ended. Staff believes this finding can be made.

e. The Police Department has reported that the proposed establishment would

not be expected to add to crime in the area.

As stated above, the Police Department has reported that in the two and a half years that Café V has been in operation, there have been no disturbances, civil complaints and/or criminal complaints. The Police does not foresee any significant rise in criminal activity associated with the proposed project. Staff believes this finding can be made.

3. Outdoor Patio/Parking: The applicant is requesting approval for outdoor café seating located in the 250-square-foot patio located behind the restaurant. With a parking ratio of one space per 300 square feet of floor area (BMC §23E.64.080),

1 California Department of Beverage Control, http://www.abc.ca.gov/datport/LQSData.asp?ID=62704938, accessed May 6, 2015.

http://www.abc.ca.gov/datport/LQSData.asp?ID=62704938



the outdoor café seating requires one additional parking space. The parking lot is able to accommodate the additional 21st space as shown on the site plan in Figure 1 above. The new vehicle space was reviewed and approved by the City Traffic Engineer and meets the screening requirements per BMC §23D.12.080.

4. Noise/Operations: Upon submission of the application, Planning staff, the Police Area Coordinator and a nearby resident had concerns about the restaurant operating as more of a bar/nightclub than a restaurant with incidental service of alcohol (see Police Memo, Attachment 4). The applicant initially requested a 2:00 a.m. daily closing time and mentioned hiring a bouncer at the door to check identification. The applicant met with Police and Planning staff, whereupon the applicant revised the application to close at midnight, which is allowable ‘by right’ within a designated node (BMC §23E.64.060). In addition, the applicant proposed that outdoor patio service (both food and drink) would terminate at 10:00 p.m. and that the gate from the patio to the parking lot would also be locked after 10:00 p.m. This would limit noise and activity associated with the parking lot in the late night hours.

To further prevent the possibility of noise nuisance, in addition to standard conditions for alcohol service, staff has added a condition that no music—either live or recorded—may be played in the outdoor seating area and that the operator may not rent the restaurant space to a third-party promoter. Staff believes these added safeguards would ensure the restaurant remain a “good neighbor” in its surroundings.

B. General 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 a full service restaurant with incidental beer, wine, and distilled spirits service would 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 distilled spirits would offer a convenient, full service dining option for adjacent residences and visitors. It would also intensifying the commercial character of the San Pablo Avenue Commercial area and this designated node.



3. Policy LU-33 Implement the West Berkeley Plan and take actions that would

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.

Staff Analysis: The operation of a full service restaurant with incidental service of beer, wine, and distilled spirits would provide a diversity of dining options found in the area and would 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 would intensify the pedestrian oriented activity along the commercial corridor.

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:

APPROVE ZP2014-0087 pursuant to Section 23B.32.040 and subject to the attached Findings and Conditions (see Attachment 1).

Attachments:

1. Findings and Conditions 2. Project Plans, received January 5, 2015 3. Applicant Statement, received March 19, 2015 and February 2, 2015 4. Police Department Memo, dated March 30, 2015 5. Notice of Public Hearing 6. Correspondence Received Staff Planner: Leslie Mendez, [email protected], (510) 981-7426

Documents

2056 San Pablo Avenue - Berkeley, California · the intersection of San Pablo Avenue and University Avenue, one of the busiest intersections in the City. This project is within one