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A D J U S T M E N T S
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R e p o r t
FOR BOARD ACTION
APRIL 10, 2008
2570 Ninth Street
Use Permit #08-1000007 to expand alcohol service to sell distilled spirits for
consumption on the premises in an existing restaurant, and extend the closing
hour to 11 p.m. (currently 9 p.m.); (MULI, Mixed Use Light Industrial, GIS)
I.
Application Basics
A. Zoning Permits Required:
• Use Permit to expand alcohol services, under BMC Section 23E.16.040.
• Modification to Use Permit to extend closing hour to 11 p.m.
B. CEQA Determination: Categorically exempt pursuant to Section 15301 of the
CEQA Guidelines (“Existing Facilities”).
C. Parties Involved:
• Applicant
94707
•
Property Owner
CA 94710
Janice Chapler, 69 Northampton Avenue, Berkeley CA
Parker Associates, 2560 Ninth Street, Suite 117, Berkeley
2120 Milvia Street, Berkeley, CA 94704 Tel: 510.981.7410 TDD: 510.981.7474
E-mail: [email protected]
Fax: 510.981.7420
2570 NINTH STREET
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ZONING ADJUSTMENTS BOARD
April 10, 2008
Figure 1: Vicinity Map
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ZONING ADJUSTMENTS BOARD
April 10, 2008
Figure 2: Floor Plan
File: G:\LANDUSE\Projects by Address\Ninth\2570\UP 08-10000007\draft reports\ZAB SR 4-10-08.doc
2570 NINTH AVENUE
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2570 NINTH STREET
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ZONING ADJUSTMENTS BOARD
April 10, 2008
Table 1: Land Use Information
Location
Existing Use
Zoning District
General Plan Designation
Subject Property
Restaurant
MULI
Manufacturing
Surrounding
Properties
North
Offices and artisan studios
MULI
Manufacturing
South
Warehouses and offices
MULI
Manufacturing
East
Manufacturing and offices
MULI
Manufacturing
West
Artisan studios
MULI
Manufacturing
Table 2: Special Characteristics
Characteristic
Alcohol Sales/Service
Applies
to
Project?
Yes
Explanation
The applicant is requesting approval for the
service of liquor in addition to the currently
approved beer and wine service in conjunction
with a full service restaurant.
Table 3: Project Chronology
Date
Action
January 14, 2008
Application submitted
March 9, 2008
Application deemed complete
March 27, 2008
Public hearing notices mailed/posted
April 10, 2008
ZAB hearing
May 8, 2008
PSA deadline1
1.
II.
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 Section
65950).
Project Setting
A. Neighborhood/Area Description:
The immediate area contains a mixture of office, manufacturing, laboratory,
warehouse and artist studios, with limited residential uses.
B. Site Conditions:
The Westside Bakery Café is located at the northwest corner of Ninth and Parker
Streets, occupying approximately 2,100 square feet in an existing building converted
from industrial to office, retail and artisan studio uses in 1983. The Board approved
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ZONING ADJUSTMENTS BOARD
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2570 NINTH AVENUE
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Use Permit #A861 in 1985, allowing the establishment of a restaurant with beer and
wine service, with hours of operation from 7 a.m. to 9 p.m. The same restaurant has
continuously operated at this location since the 1985 Use Permit approval.
III. Project Description
The applicant proposes two modifications: 1) extension of hours to allow an 11 p.m.
closing time, and 2) the addition of the service of liquor. No interior or exterior changes
are proposed. As noted above, the restaurant has been in operation for over 22 years.
As nearby restaurants, generally in the San Pablo, CW District, have obtained the right
to serve liquor in addition to beer and wine service, the applicant states that her
business has diminished, and she has been forced to cut back staff, etc.
IV. Community Discussion
A. Neighbor/Community Concerns:
No letters of objection or support had been received at the time of the writing of this
report. The Berkeley Police Department has reviewed and supports the request (see
Attachment #5).
B. Committee Review:
N/A
V. Issues and Analysis
A. Key Issues:
1. Expanded alcohol service: The applicant is requesting the addition of spirits to
their approved wine and beer service with meals. The Department of Alcohol
Beverage Control (ABC) license type 47 authorizes the sale of beer, wine and
distilled spirits for consumption on the premises where sold. This type of license
typically applies to restaurants. The license requires that the food establishment
operate and maintain the licensed operation as a bona fide eating place; makes
actual and substantial sales of meals during normal meal hours, and that the
establishment operates at least five days a week.
Under Section 23E.16.040.B, findings of “Public Convenience or Necessity” are
required for a food establishment with the same category of alcoholic beverage
sales or eservice sought. There are three type 47 licenses within the 1000 feet
radius of the Westside Bakery Café.
Staff believes that the ZAB may make the required findings, as follows:
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ZONING ADJUSTMENTS BOARD
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a. “The proposed establishment will promote the City's economic health,
contribute to General Plan or Area Plan policies or further District purposes.”
Staff Analysis: The proposed expansion will promote the City’s economic
health, contribute to General Plan or Area Plan policies or further District
purposes in that permitting the sale of distilled spirits will enable the Westside
Bakery Cafe to fully utilize its already approved night time operating hours.
According to the applicant, this will result in the employment of up to 15 new
additional wait staff and kitchen employees, most of whom will likely be
Berkeley residents. The sale of distilled spirits reasonably could be expected to
increase Westside Bakery Cafe’s annual revenue by a factor of 50%, which will
generate additional business license tax revenue to the city. Additionally, it is
foreseeable that nearby office tenants would patronize the Westside Bakery
Cafe after work hours and could walk to the restaurant, rather than drive their
motor vehicles to other city commercial areas such as Fourth Street and
Shattuck Avenue, thus reducing traffic, congestion and pollution.
b. “The economic benefits associated with the establishment could not reasonably
be achieved without the proposed alcohol sales.”
Staff Analysis: According to the applicant, the economic benefits associated
with the establishment could not reasonably be achieved without the proposed
alcohol sales because over the last five years of the twenty-two that the
business has been open, the business has had to make significant sacrifices to
keep open, including cutting staff, rent reductions by landlord and added hours
for owner and family. The operator believes that in order to stay in business it is
necessary to offer what the clients want, which includes a drink after work, good
food in a comfortable atmosphere that they know. Growth in competing food
service establishments in the vicinity of the Westside Bakery Cafe accounts for
some of the reduction and change in consumer tastes favoring the consumption
of distilled spirits with restaurant meals comprises the rest. Restaurant
management principles suggest that the sale of distilled sprits may substantially
increase the Westside Bakery Cafe’s gross revenue and net income, which
would enable the owner to invest more in the staff and menu.
c. “The applicant has not operated a licensed establishment which has been the
subject of verified complaints or violations regarding alcohol, public safety or
nuisance statutes or regulations.”
Staff Analysis: According to the ABC website Licensed Query System, in the 22
years that the business has had an ABC license, there are no recorded
violations for the licensed establishment at 2570 Ninth Street.
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
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2570 NINTH AVENUE
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shall take into consideration the effect of the proposed establishment upon such
sensitive public uses.”
Staff Analysis: The proposed restaurant is not located within 1,000 feet of a
public school or park. The Off Sale License specifies that minors are allowed on
the premises. The applicant will ensure that staff checks customers for proper
identification before purchasing alcohol.
e. “The Police Department has reported that the proposed establishment would
not be expected to add to crime in the area.”
Staff Analysis: The Berkeley Police Department has reviewed the application for
the addition of hard liquor to the existing beer and wine license, including the
extension of hours, and has determined that, based on their review, the
establishment would not, in their opinion, be expected to add to crime in the
area provided they operate within the parameters allowed by the Use Permit
and take appropriate security precautions. Staff has included standard
conditions of approval for alcohol service to address these concerns.
2. Parking: There have been no parking spaces for patrons during the 22 years the
business has been in operation. Adding liquor service does not trigger the need
for additional parking under the Zoning Ordinance. According to the applicant, the
patronage consists mainly of employees in the immediate area during the day
and early evening, and residents during the evening. The applicant anticipates
greater patronage during the newly proposed evening hours, when there will be
more on-street parking available as the area workers go home. Staff does not
believe there will be any detrimental effect due to increased patronage.
3. Extended Hours of Operation: The applicant is asking that the restaurant’s
closing hours be extended to 11 p.m. (currently 9 p.m.). Staff has requested
review of the proposal by the Police Department, and, given the record of the
operator, do not anticipate any problems resulting from this change. Staff has
incorporated conditions of approval regarding operation and security that should
address any potential impacts.
B. General and Area Plan Consistency:
General Plan Policy Analysis: The 2002 General Plan contains several policies
applicable to the project, including the following:
1. Policy LU-1–Community Character: Maintain the character of Berkeley as a
special, diverse, unique place to live and work.
Staff Analysis: The expansion of services in an existing restaurant in a mixed-use
building, serving the local workers and residents in the immediate neighborhood
with site-baked goods in an area that does not have a great variety of food
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ZONING ADJUSTMENTS BOARD
April 10, 2008
service choices, helps maintain the character of Berkeley as a special, diverse,
unique place to live and work.
2. Policy LU-33–West Berkeley Plan: Implement the Implement the West Berkeley
Plan and take actions that will achieve the three purposes of the Plan:
1. Maintain the full range of land uses and economic activities including
residences, manufacturing, services, retailing, and other activities in West
Berkeley.
2. Maintain the ethnic and economic diversity of West Berkeley's resident
population.
3. 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: Expansion of services in an existing restaurant in a mixed-use
building, serving the immediate neighborhood with site-baked goods in an area
that does not have a great variety of food service choices, helps maintain the
range of uses and contributes towards the improvement of quality of life in West
Berkeley.
3. Policy ED-3–Local Business: Promote policies, programs and services that
support a diverse local economy providing a range of goods and services, that
support existing local businesses, and that encourage new, independent
business ventures.
Staff Analysis: Approval of the added alcohol service should help a long-term,
local, woman-owned business continue to provide a needed service to the local
workers and residents in the immediate area.
West Berkeley Plan Area Plan Policy Analysis: The West Berkeley Area Plan,
adopted in 1993, also contains several policies applicable to the project, including
the following:
1. Goal 6: Promote opportunities for business ownership by the economically
disadvantaged – non-Whites, women, and other economically disadvantaged
people.
Staff Analysis: The proposed use is consistent with the adopted West Berkeley
Plan in that the business is woman owned, and will aid in business retention of
this woman-owned, long-term West Berkeley business.
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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 #08-1000007 pursuant to Section 23B.32.040 and subject to
the attached Findings and Conditions (see Attachment 1).
Attachments:
1.
2.
3.
4.
5.
6.
7.
Findings and Conditions
Project Plans, received February 19, 2008
Applicant Statement
Notice of Public Hearing
Berkeley Police Memo and Radius map
Photos
Correspondence Received
Staff Planner: Gisèle M. Sorensen, [email protected], (510) 981-7410
File: G:\LANDUSE\Projects by Address\Ninth\2570\UP 08-10000007\draft reports\ZAB SR 4-10-08.doc