2367 Shattuck Avenue - Berkeley, California · 2016-04-07 · ZONING ADJUSTMENTS BOARD 2367...

$Page 1: 2367 Shattuck Avenue - Berkeley, California · 2016-04-07 · ZONING ADJUSTMENTS BOARD 2367 SHATTUCK AVENUE April 14, 2016 Page 9 of 16 G:\LANDUSE\Projects by Address\Shattuck\2367\ZP2015-0109\Document$
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 APRIL 14, 2016

2367 Shattuck Avenue

Use Permit Modification #ZP2015-0109 to change the use of a former 10,974-square-foot pool hall with incidental food service, full liquor license, and incidental live entertainment to: 1) change the ABC license type from a Type 48 to a Type 47; 2) establish an approximately 6,000-square-foot, full-service restaurant and bar and continue the use of a 1,000-square-foot outdoor patio seating area; 3) establish an approximately 5,000-square-foot live entertainment venue served by the proposed full-service restaurant and bar; 4) enlarge both spaces by constructing an approximately 1,500 sq. ft. 2nd Floor; and 5) waive one on-site parking space required for the new floor area.

I. Background

A. Land Use Designations: General Plan: DT - Downtown Zoning: C-DMU Corridor- Downtown Mixed Use District

B. Zoning Permits Required:

Use Permit for expansion of alcohol beverage services, under BMC Section 23E.16.040;

Use Permit to establish an entertainment venue, under BMC Section 23E.68.030; Use Permit Modification, under BMC Section 23B.56.020; and Use Permit to waive on-site parking requirements for new commercial floor area,

under BMC Section 23E.68.080. C. CEQA Determination: Categorically exempt pursuant to Section 15301 of the CEQA

Guidelines (“Existing Facilities”).

D. Parties Involved:

Applicant Alex Papov, Liquid Entertainment Group, LLC, 2367 Telegraph Avenue, Berkeley, CA 94704

Property Owner Durant Berkeley Partners LP, 6226 La Salle Avenue, Oakland, CA 94611

ZONING ADJUSTMENTS BOARD 2367 SHATTUCK AVENUE April 14, 2016 Page 2 of 16

G:\LANDUSE\Projects by Address\Shattuck\2367\ZP2015-0109\Document Finals

Figure 1: Vicinity Map with Type 47 alcohol licenses within 1,000 feet of the Project

Type 47 Licenses in the Vicinity

DBA Address

Shattuck Hotel Plaza 2086 Allston Way

Herbivore The Earthy Grill 2230 Shattuck Avenue

Shattuck Theater 2230 Shattuck Avenue

Tupper & Reed 2275 Shattuck Avenue

Priya India Cuisine 2276 Shattuck Avenue

Pathos Restaurant & Bar 2421 Shattuck Avenue

Giovanni 2430 Shattuck Avenue

Beta Lounge 2129 Durant Avenue

Project Site



Figure 2: Site Plan

2369

SHATTUCK

AVENUE



Figure 2: Existing Floor Plan



Figure 3: Proposed Ground Floor Plan

ENTERTAINMENT VENUE

5,000 sq. ft.

OUTDOOR SEATING

AREA 1,000 sq. ft.

Restaurant Area 6,000 sq. ft.



Figure 4: Proposed Second Floor Plan

Proposed 2nd Floor 1,520 sq. ft.



Table 1: Land Use Information

Location Existing Use Zoning District General Plan Designation

Subject Property Pegasus Book Store (2349 Shattuck Ave.) Former Thalassa Pool Hall (2367-69 Shattuck Ave.)

C-DMU Corridor - Downtown Mixed Use District, Corridor

DT- Downtown

Surrounding Properties

North Mixed Retail/Commercial

South Restaurant on the ground floor and office use on the second floor

East Auto Related Use

West Variety of Food Service Establishment/ Retail/Commercial

Table 2: Special Characteristics

Characteristic Applies to Project?

Explanation

Alcohol Sales/Service

Yes The applicant has applied for a Type 47 ABC license, which authorizes incidental sale of beer, wine, and distilled spirits in a restaurant. The premises was previously approved for a Type 48 ABC license. See discussion under Key Issues, below.

Downtown Arts District Overlay

No The project site is not in the Art District overlay zone.

Environmental Management Area

Yes The property is located in an area where potential health and environmental concerns may be encountered during construction involving underground excavation or dewatering. The project does not entail construction activities such as excavation or dewatering; only interior construction would be performed.

Table 3: Project Chronology

Date Action

July 1, 1992 UP #A1989 approved, which authorized establishment of billiard hall with beer license and outdoor seating area (Mr. Q’s).

August 26, 1996 The ZAB determined that there’s a public convenience or necessity.

November 14, 1996 UP #10000017/#A1989 approved, which allowed incidental food service in billiard hall.

February 3, 1997

UP Mod #96-10000039 approved, which extended hours of operation until 2 a.m. daily, and allow the applicant to contribute in-lieu payment of $1,000 to defray the cost of a 10 space bicycle rack to be used in a centralized downtown bicycle parking area.

June 12, 1997 UP #97-0000040, approved, which upgraded Type 41 ABC license (beer and wine) to Type 48, which authorizes sale of beer, wine and distilled spirits; and allowed live entertainment daily.

December 19, 2014 Design Review Staff Level (#DRSL2014-0040) submitted

January 22, 2015 Design review staff conditionally approved proposed façade alterations.

May 6, 2015 Application submitted

February 29, 2016 Application Revised

March 14, 2016 Application deemed complete

March 31, 2016 Public hearing notices mailed/posted

April 14, 2016 ZAB hearing



Table 4: Development Standards Standard BMC Sections 23E.68.070-080

Existing Proposed Total Permitted/ Required

Lot Area (sq. ft.) 2367 Shattuck Avenue = 6,115 2349 Shattuck Avenue = 9,360 Total = 15,475

No Change No Change

Gross Floor Area (sq. ft.) 2367 Shattuck Avenue = 4,975 2349 Shattuck Avenue(1) = 4,971 Patio = 1,028 2nd Floor = 0 Total = 10,974

4,975 4,971 1,028 1,520

Total = 12,494

n/a

Parking (for the addition only)

Automobile 0 0

1 min. for new floor

area:

1.5:1K sq. ft.(2)

Bicycle 0 1 2 min. for new

commercial: 1:2K sq. ft. (1) Gross floor area of subject premises only; excludes square footage of the book store.

(2) Per BMC Section 23E.68.080.B.1, the addition up to 1,000 square feet of gross floor area is exempt from parking requirements; the remaining addition is subject to parking ratio of one and one half space per 1,000 square feet.

II. Project Setting

A. Neighborhood/Area Description: The project site is located in downtown Berkeley

on the east side of Shattuck Avenue near the corner of Durant Avenue and Shattuck Avenue. The single-story building directly to the north includes a bookstore (Pegasus Books). The two-story building to the south includes a restaurant (La Note) at the ground floor and offices on the second floor. Across Shattuck Avenue to the west, uses include an office supply store, a bank, restaurants and numerous retail stores. To the rear (east) of the project site is auto dealership (Toyota) and service use. There are numerous restaurants and movie theaters that include service of distilled spirits and one establishment that serves distilled spirits without food (Tupper & Reed) within the larger project area. The site is three and one-half blocks from the Downtown BART station.

B. Site Conditions: The project site was built as a commercial building in 1906 and

included the building to the north and east. It was used as a car dealership (Chevrolet) from the mid-1940s until the 1970s. After the auto use ceased, the building was subsequently subdivided to smaller tenant spaces. The project site is L-shaped tenant space involving two buildings on two separate parcels, with frontages on Shattuck and Durant Avenues. It involves the entire tenant space facing Shattuck Avenue, and occupies rear portion of the parcel to the north (behind Pegasus Book Store). The tenant space facing Shattuck Avenue measures approximately 6003 square feet in area and includes a 1,028-square-foot outdoor patio area in the rear, or southeast corner of the project site. The patio is enclosed on three sides by buildings and on the fourth side (south) by a fence. The tenant space facing Durant Avenue measures approximately 4,971 square feet in area. The combined tenant space measures approximately 10,974square feet in areas and has been vacant since November 2014.



In 1992, the ZAB approved a Use Permit (#A1989) to establish a recreational club (Mr. Q’s Billiard Pub) with a beer and wine license (ABC Type 42–On-Sale Beer and Wine for Public Premises) with hours of operation from 7:00 a.m. to midnight daily. In 1996, the ZAB approved Use Permit #10000017/#A1989 to add incidental food service. In February 1997, the ZAB approved a Use Permit modification #96-10000039 to extend hours of operation until 2:00 a.m. daily. In June of 1997, the ZAB approved a Use Permit Modification (#97-10000040) to upgrade the establishment’s alcohol service to include distilled spirits (Type 48–On-Sale General for Public Premises) and to add incidental live entertainment.

III. Project Description

The applicant proposes to renovate, expand and change the use of a former pool hall (Thalassa Pool Hall) to a full service restaurant with an outdoor patio and a full entertainment venue. Consistent with the C-DMU District hours of operation, the proposed hours of operation would continue to be 7:00 a.m. to 2:00 a.m. daily. The new establishment would have the following main components: Change in ABC License: The entitlements on the property currently permit sale of beer, wine and distilled spirits through a Type 48 ABC license, which is typically issued for bars/ taverns where minors under the age of 21 are not allowed and no sale of food is required. The applicant proposes to operate the premise under ABC Type 47, which would allow alcoholic beverages service for onsite consumption in conjunction with operation of a bona fide restaurant. The Type 47 license would permit minors (under 21 years) on the premises and to comply with ABC licensing requirements, sales of alcohol must be less than from the sale of food. However, to comply with City of Berkeley regulations, the service of alcohol cannot generate gross receipts in excess of thirty-three percent (33%) of the gross receipts generated by the primary use (food sales), the applicant requests to operate under ABC regulations that stipulate alcohol sales shall not exceed 49% of gross receipts. Second Floor Addition: The applicant proposes to expand gross floor area by constructing a new 2nd floor with approximately 1,520 sq. ft. of new floor area to provide storage and a sound booth for the new entertainment venue. Entertainment Venue: Although previously approved for incidental live entertainment, the current project would create an entertainment venue to occupy approximately half of the total tenant space. As an incidental use may not exceed 25% of the floor area of the primary use (BMC 23F.04), this application includes a request for a Live Entertainment as a co-primary use, which is permissible with Use Permit approval in the C-DMU. The applicant is proposing a live entertainment venue that would host a variety of functions. The entertainment venue would measure approximately 5,000-square-foot in area and would occupy the former primary pool hall areas accessed from Durant Avenue. Although the floor plan includes a bar within the entertainment venue, food and alcohol would be served by the proposed full-service restaurant. Full Service Restaurant: The entitlements on the property currently permit incidental food service, although food has not been offered for some time. With this use permit, the



applicant would establish an approximately 6,000-square-foot “craft beer garden” inclusive of the approximately 1,000-square-foot outdoor seating area and bar area. The beer garden, which would be located at 2367 Shattuck (south side), would include service of beer, wine, and distilled spirits and incidental service of alcohol. Parking Waiver Request: Addition of new 2nd floor would require a minimum of one parking space. The applicant requests to waive the required off-street parking and pay in lieu fee as allowed by the C-DMU zoning district.

IV. Community Discussion A. Neighbor/Community Concerns: Prior to submitting this application to the city on

May 6, 2015, a pre-application poster was erected by the applicant. On March 31, 2016, the City mailed 473 public notices to adjoining property owners and occupants, and to interested neighborhood organizations and posted the public notice at and around the project site in 3 locations. At the time of this writing, staff has received five letters in support of the application from the Downtown Business Association and nearby business establishments, and one letter requesting prohibition of outdoor smoking from a nearby resident.

B. Design Committee Review: As stated above in Table 3, an application for staff level design review for façade alterations and tenant improvement was submitted on December 19, 2014. On January 22, 2015, staff conditionally approved the proposed façade changes. The conditions require the applicant to submit colors, materials, and detailed lightings plans prior to sign-off of the Building Permit set of drawings.

C. Berkeley Police Department: On June 17, 2015, Planning staff referred this Use

Permit application to the Berkeley Police Department (BPD). On July 7, 2015, the BPD indicated that they had no objection to live entertainment and serving of beer, wine and distilled spirits incidental to food services (Attachment 4).

V. Issues and Analysis A. Live Entertainment/Amplified Music: Previously approved with incidental live

entertainment, the project will create a full-fledged live entertainment venue with raised stage, seating area, and with a separate entrance. The proposed floor plan features all the characteristics of a nightclub. In staff’s view, the live entertainment venue would not be detrimental to the existing commercial and residential uses in the area. Although the entertainment venue is likely to generate noise, as shown on Table 1, the adjacent buildings consist of commercial and office uses, which are likely to be closed during the evening hours the entertainment venue is in operation. The closest residential use is approximately 150 feet to the east, and is screened by intervening buildings and trees. While residences are nearby, because of the significant distance to the east, and intervening buildings, and based on the limited hours for operation, Staff does not expect detriment to occur to persons living or working in the neighborhood, or be detrimental to the adjacent properties, surrounding neighborhoods and the general welfare of the City. The proposed conditions of approval require sound study to ensure that the operation will comply with City Noise limits (BMC 13.40), and limit hours of



entertainment services from 9:00 p.m. until 1:00 a.m. (condition #44.C). Because of the characteristics of this use, for this site, and with proposed conditions of approval, staff believes that ZAB can make the relevant findings under Sections 23B.32.040 and 23E.68.090 (see Attachment 1, Findings and Conditions).

B. Service of Beer, Wine, and Distilled Spirits (Type 47 ABC license): As stated in

Section III above, the applicant has applied to change the ABC license from Type 48, which is typically issued for bars/taverns where minors under the age of 21 are not allowed and no sale of food is required, to Type 47 ABC license which is issued to restaurants and will permit minors (under the age of 21 years). Per City practice, alcohol sales in conjunction with a restaurant operation are required to be an incidental use, and may not generate gross receipts in excess of thirty-three percent (33%) of the gross receipts generated by the primary use. The applicant requests incidental sale of alcohol to exceed receipt from alcohol sales to exceed the thirty-three percent (33%) threshold but below forty-nine percent (49%), which is allowed by the ABC regulations.

Staff has concerns about the applicant's request. The applicant is seeking to operate the proposed 5,000-square-foot entertainment venue as a co-primary use with the proposed restaurant while utilizing a single Type 47 ABC license where minors would be allowed in the entertainment venue where they would otherwise would be prohibited under the existing ABC license (Type 48). Second, the applicant’s request to exceed the thirty-three percent (33%) threshold conflicts with the Zoning ordinance limitations for incidental uses (BMC 23F.04). This is particularly concerning since the proposed 5,000-square-foot entertainment venue will have the operational characteristics of a nightclub, i.e., it will have an area containing a dance floor and disk jockey area. This means that the use would function as a full bar (not as a primary food service) that permits minors on premises. Typically, the main purpose the City includes a condition of approval which limits alcohol sales to 33% of gross receipts is to ensure bone fide restaurants operate as restaurants and alcohol beverage services within restaurants are truly incidental. We note staff is not aware of other similar establishments in the City that operates outside of these parameters. Thus, staff does not recommend the ZAB approve the applicant’s request for incidental sale of alcohol to exceed receipt from alcohol sales to exceed the thirty-three percent (33%) threshold

C. Public Convenience or Necessity: In addition, alcoholic beverage sales are

regulated by BMC 23E.16.040, which requires findings of “Public Convenience or Necessity” if an existing establishment has an ABC license of the same type within a 1,000-foot radius of the project site.

As there are multiple Type 47 licenses within a 1,000-foot radius of the subject site as shown in Figure 1, to approve this request, the ZAB must make findings of “Public Convenience or Necessity”. 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.



The proposed establishment would contribute to Downtown Area Plan Policies LU-1.2, Culture and Entertainment; and LU-1.3, Complementary & Active Businesses, by strengthening Downtown as an evening destination and cultivating synergy with other business establishments in the vicinity, as patrons would be likely to frequent other businesses before or after visiting the establishment. It would also further Downtown Area Plan Policy ED-9.1, Local Businesses, as described further under E. General and Area Plan Consistency.

b. The economic benefits associated with the establishment could not reasonably

be achieved without the proposed alcohol sales.

In support of making this findings, the proposed sale and service of alcohol beverages is expected to increase revenue and the profit margin for the proposed business. Unlike a Type 48 ABC license, a Type 47 ABC license would allow the business to attract an all-ages clientele, thereby expanding its market potential while creating additional employment opportunities. Since the applicant has not submitted an economic growth forecast and analysis for the proposed change in ABC license type, staff cannot firmly state denial would hinder its growth. However, it is reasonable to assume the establishment could not achieve the same economic growth if it could not offer sale and service of alcohol beverages in the restaurant and in the entertainment venue.

c. If the applicant has operated a licensed establishment that has been the subject

of violations regarding alcohol in the State of California, or violations of public safety or nuisance statutes or regulations in the City of Berkeley as verified by the Police Department, the Board shall determine whether such violations indicate a high likelihood of further violations and/or detrimental impacts from the proposed establishment. In making this determination, the Board may consider the number, frequency, and severity of prior violations, the time elapsed since the last violation, and other relevant factors.

The applicant, Liquid Entertainment Group LLC, has applied for ABC license and this entity is not known to have operated a licensed establishment which has been the subject of verified complaints or violations regarding alcohol, public safety or nuisance statutes or regulations. However, a business partner of this entity also operates Pappy’s Grill and Sports Bar located at 2367 Telegraph Avenue, which has been the subject of noise complaints in the past.

Pappy’s Grill & Sports Bar (dba. Pappy’s Grill LLC) took over an existing establishment (Blake’s restaurant) in June of 2011. On April 30, 2014, the City’s Code Enforcement division issued an administrative citation and fined the establishment $500.00 for unpermitted live entertainment events at Pappy’s Grill & Sports Bar. The operators were advised to apply for a use permit application for live entertainment. On May of 2014, the operators submitted a use permit application for live entertainment, which is still pending. On March 22, 2016, the City received a noise complaint from a nearby resident, which is pending under the Code Enforcement Division. As of the writing of this report, this compliant has not yet been verified.



The ABC has two separate incidents in its records involving Pappy’s Grill and Sports Bar. The first incident occurred on January 7, 2014, and involved the service of alcohol to an inebriated person. The second incident occurred on August 28, 2014, and involved the service of alcohol to a minor. In both cases, the applicant did not contest the charges and paid a fine of $3,000 for each incident. It should be noted, however, the applicant retrained the employees and the establishment has operated without any incident since then. On May 21, 2015, the ABC sent an underage decoy and the establishment successfully identified an underage patron. A license query from the California Department of Alcoholic Beverage Control indicates that as of April 4, 2016, there is no active disciplinary action and no disciplinary history or holds on the applicant’s ABC license.1

Although Pappy’s Grill LLC is not the project applicant, staff and BPD have determined that the operators of the Pappy’s Grill & Sports Bar have been proactive in preventing undesirable incidents, and have instituted new training for employees that includes a courses in Responsible Beverage Sales and Service (RBSS) through the California Department of Alcoholic Beverage Control, Licensee Education on Alcohol and Drugs (LEAD) offered by ABC, or other equivalent programs offered or certified by the California Department of Alcoholic Beverage Control. These efforts made by Pappy’s suggest that future problems with operations or management of the proposed establishment should be minimal. ABC agent, Ms. Carolina Suson, also confirmed that although managing partners may simultaneously belong to multiple business entities, each business entity is considered a separate business entity with its own separate license and violation record. This means that the Board cannot consider the violation that occurred at Pappy’s Grill LLC into this decision.

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. Although the site is located approximately 842 feet of a Berkeley Unified School District (BUSD) school (Berkeley High School), the proposed establishment is not expected to have an adverse effect on this School because the proposed restaurant is not designed, nor does it offer services that would be attractive to students. Additionally, as a standard Condition or Approval, no visible advertising of alcohol beverages is allowed and the business staff will check customers for proper identification to purchase alcohol with meals.

e. The Police Department has reported that the proposed establishment would not

be expected to add to crime in the area.

1 https://www.abc.ca.gov/datport/LQSData.asp?ID=59573412

https://www.abc.ca.gov/datport/LQSData.asp?ID=59573412



The Police Department recommends that the proposed establishment conduct a Crime Prevention through Environmental Design evaluation of the space, to address safety concerns including but not limited to: lighting, alarm and security systems, perimeter safety, and employee/patron personal safety options, as described in alcohol beverage service conditions No. 15-28. The Police Department does not foresee any additional criminal activity associated with the proposed project. Staff believes this finding can be made.

D. Compatibility with the Neighborhood: The proposed project would operate in the

downtown area where many of the surrounding uses are commercial/retail and where there are elevated levels of noise from business and traffic. The proposed operations are subject to Chapter 13.40 of the Municipal Code, Community Noise, which prohibits “any loud, unnecessary, or unusual noise which disturbs the peace and quiet of any neighborhood or which causes any discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area”, as well as limits the exterior noise levels. As a condition of approval, the applicant must submit an acoustics study, as part of the tenant improvement permit, to ensure compliance with the City’s Noise Ordinance. In addition, in their discussions with the Police Department, the applicants indicated they would implement security plans that include a security staff of approximately 12-15 security guards, security cameras, an alarm system to include panic buttons at various locations within the business, and an identification scanning system. Security staff will be equipped with a communication system to include headset to ensure constant contact between security management and staff. Therefore, staff expects the project to be compatible with the Downtown uses.

E. Parking: When the pool hall was originally established, it provided 24 off-site parking spaces at the Union Bank parking lot. Under BMC Section 23E.68.080.A, the change in use from a pool hall to a full service restaurant and an entertainment venue is not required to meet off-street parking requirement of the district. The new floor area, however, must meet the district parking requirements, which is one and half spaces per 1,500 square feet of new gross floor area. (BMC 23E.68.080.B). Per BMC Section 23E.68.080.B.1, additions up to 1,000 square feet of gross floor area, or up to twenty-five percent (25%) of existing gross floor area, whichever is less, are exempt from the parking requirements for new floor area. Thus, of the 1,520 sq. ft. of proposed new gross floor area, only 520 square feet of the new addition is subject to automobile parking requirements. Per the district standards, the project would be required to provide 1 off-street parking spaces (1.5/1,000 sq. ft.). Because the applicant has not provided 1 parking space, project approval is subject to a Condition of Approval to require an in-lieu fee payment pursuant to Section 23E.68.090.H. Per the adopted fee schedule, to waive the 1 parking space, the applicant will be required to pay in-lieu fee in the amount of $15,000 to the City fund for enhanced transit services. Providing no automobile parking would also be consistent with the District’s strategies to reduce vehicle reliance and promote alternative modes of transportation, as well as meet some of the goals of the City’s Climate Action Plan.



With respect to bicycle parking, per BMC Section 23E.68.080.C, the proposed addition is required to provide one bicycle space per 2,000 square feet of new gross floor area. Therefore, the proposed addition is required to provide a minimum of two bicycle parking spaces, which must be located in either a locker, or in a rack suitable for secure locks, and require location approval by the City Traffic Engineer. The condition of approval require installation of at least two bicycle racks close to the main entrances (condition #52).

Consistent with BMC Section 9.88, and as required by previous entitlements for this project, the applicant will be required to reimburse employees the maximum non-taxable cost of commuting to and from work on public transportation (e.g., monthly passes) if they so commute, and a notice informing employees of the availability of such subsidy is required to be permanently displayed in the employee area.

F. General Plan Policy Analysis: 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 proposed business 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 UD-16–Context: The design and scale of new or remodeled buildings should

respect the built environment in the area, particularly where the character of the built environment is largely defined by an aggregation of historically and architecturally significant buildings.

3. Policy UD-24–Area Character: Regulate new construction and alterations to ensure that they are truly compatible with and, where feasible, reinforce the desirable design characteristics of the particular area they are in.

4. Policy UD-29–Signs: Signs should contribute aesthetically to, rather than detract from, the site they are on and the general streetscape

Staff Analysis: The entrance from Shattuck Avenue will be modified and two new entrances on Durant Avenue will be created. Façade improvements include a set of floor-to-ceiling, operable windows, on the west elevation, and new windows on north elevation (along Durant Avenue frontage). Proposed façade improvements and signage were reviewed by the City’s Design Review staff to ensure compatibility with the overall character or the surrounding area

G. Downtown Area Plan Policy Analysis: The 2012 Downtown Area Plan contains

several policies applicable to the project, including the following:

1. Policy LU-1.2–Culture & Entertainment, subpoint C: Recruit uses that complement Downtown as an evening destination, including new cinemas, restaurants, and art and entertainment venues.



Staff Analysis: The proposed establishment features live entertainment and a restaurant operation, consistent with the Downtown Area Plan. The hours of operation would be until 2:00 a.m., consistent with the permitted hours of operation in the C-DMU District, thereby drawing new patrons to Downtown mainly during the evening hours.

2. Policy LU-1.3 – Complementary & Active Businesses: Cultivate synergy between restaurants, shops, and other businesses, combined with Downtown’s focus on cultural and educational uses, to encourage a thriving and diverse retail environment.

Staff Analysis: The proposed establishment would contribute to the economic diversity and pedestrian-oriented vitality of the Downtown area and within walking distance of theaters and other cultural uses, providing a new dining experience for patrons of these uses.

3. Policy ED-9.1 – Local Businesses: Encourage the retention and creation of small businesses and locally owned businesses.

Staff Analysis: The applicants are long-time and current residents of Berkeley. They operate another similar establishment in Berkeley: Pappy’s Grill & Bar. Therefore, the proposed restaurant would be locally owned; it would also contribute to the diversity of unique businesses in Downtown Berkeley.

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 #ZP2015-0109 pursuant to Section 23B.32.040 and subject to the attached Findings and Conditions (see Attachment 1).

Attachments: 1. Findings and Conditions 2. Applicant Statement and Project Plans, received February 29, 2016 3. Berkeley Police Department memorandum, dated July 17, 2015 4. Notice of Public Hearing, dated March 31, 2016 5. Correspondence Received Staff Planner: Immanuel Bereket, [email protected] (510) 981-7425

mailto:[email protected]

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