Use Permit # to establish beer and wine service with meals within an existing quick-service restaurant space.

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1 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 FOR BOARD ACTION JUNE 10, Oxford Street Use Permit # to establish beer and wine service with meals within an existing quick-service restaurant space. I. Application Basics A. Land Use Designations: General Plan: Downtown Zoning: C-2, Central Commercial Area B. Zoning Permits Required: On-site alcohol service with meals, pursuant to BMC Section 23E C. CEQA Determination: Categorically exempt pursuant to CEQA Guidelines Section 15301, Existing Facilities. D. Parties Involved: Applicant and Owner: Oxford Development Group, 1442 A Walnut Street #116, Berkeley CA, Milvia Street, Berkeley, CA Tel: TDD: Fax: zab@ci.berkeley.ca.us

2 2130 OXFORD STREET ZONING ADJUSTMENTS BOARD Page 2 of 9 June 10, 2010 Figure 1: Vicinity Map UC Berkeley Campus

3 ZONING ADJUSTMENTS BOARD 2130 OXFORD STREET June 10, 2010 Page 3 of 9 Figure 2: Site Plan Oxford Street

4 2130 OXFORD STREET ZONING ADJUSTMENTS BOARD Page 4 of 9 June 10, 2010 Figure 3: Floor Plan Oxford Street Service Counter Seating area with 10 stools Food Preparation Area ADA Restroom

5 ZONING ADJUSTMENTS BOARD 2130 OXFORD STREET June 10, 2010 Page 5 of 9 Figure 4: 1000-ft. Radius Alcohol Sales and Service Map

6 2130 OXFORD STREET ZONING ADJUSTMENTS BOARD Page 6 of 9 June 10, 2010 Table 1: Land Use Information Location Existing Use Zoning District General Plan Designation Subject Property Quick Service Food C-2 Downtown Surrounding Properties North Quick Service Food (Starbucks) C-2 Downtown South Quick Service Food C-2 Downtown East UC Berkeley Campus R-5 Unclassified West Parking Lot C-2 Downtown Table 2: Special Characteristics Characteristic Applies to Project? Explanation Alcohol Sales/Service Yes The applicant has applied for a type 41 ABC license which allows for on-site beer and wine service with meals. Table 3: Project Chronology Date April 15, 2010 May 5, 2010 May 27, 2010 June 10, 2010 Action Application submitted Application deemed complete Public hearing notices mailed/posted ZAB hearing July 5, 2010 PSA deadline 1 1. Project must be approved or denied within 60 days after being determined to be exempt from CEQA, or 60 days after adoption of a negative declaration, or 180 days after adoption of an EIR (Govt. Code Section 65950). Table 4: Development Standards Standard BMC Sections Existing Addition/ (Reduction) Proposed Total Permitted/ Required Lot Area (sq. ft.) 12, ,500 NA Gross Floor Area (sq. ft.) NA Parking Automobile Bicycle NA

7 ZONING ADJUSTMENTS BOARD 2130 OXFORD STREET June 10, 2010 Page 7 of 9 II. Project Setting A. Neighborhood/Area Description: The project site is located in a multi-tenant commercial building at the southwest corner of Oxford and Center Streets, in the downtown commercial area. The surrounding neighborhood consists of mostly two-story buildings with a mixture of uses, predominantly food service, office and retail. The abutting and confronting uses are a quick-service restaurant (Starbucks) to the north, a parking lot to the west, restaurants, retail and personal household services to the south and the UC Berkeley Campus to the east across Oxford Street. The nearest residential uses are located about 100 feet to the south in the mixed use building located at Allston and Oxford. B. Site Conditions: The subject commercial space has a floor area of approximately 1,300 square feet and is currently occupied by Ben & Jerry s Ice Cream. An AUP was granted in early 2010 to subdivide the space into a 700 sq. ft. and a 600 sq. ft. tenant space for quick service restaurants when Ben & Jerry s moves out in July of No exterior modifications would be required other than signage, subject to staff level Design Review. Ironwood BBQ will occupy the 600 sq. ft. tenant space at 2130 Oxford and Cinnaholic (baked goods) will occupy the larger, 700 sq. ft. space at 2132 Oxford. The combined tenant space was previously approved for four sidewalk café tables with eight seats along Oxford Street, which would be equally divided by the new tenant spaces. No changes would be made to the approved seating; however, no alcohol service would be allowed outside. The current Administrative Use Permit allows hours of operation from 7:00 a.m. to 12:00 midnight Sunday through Thursday and 7:00 a.m. to 2:00 a.m. weekends (Friday and Saturday). The applicant is proposing to operate from 11:00 a.m. to 10:00 p.m. Sunday through Thursday and 11:00 a.m. to 11:00 p.m. on Friday and Saturday. III. Project Description The applicant requests permission for a Type 41 alcohol license, which allows beer and wine service in conjunction with meals. The applicant will not sell alcoholic beverages outdoors or to patrons who are not dining on site. IV. Community Discussion A. Neighbor/Community Concerns: The pre-application poster was erected in the front window in April On May 27, 2010, the City mailed notices to property owners, occupants, and interested

8 2130 OXFORD STREET ZONING ADJUSTMENTS BOARD Page 8 of 9 June 10, 2010 neighborhood organizations within 300 feet of the site. Staff has not received any comments at this writing. B. Committee Review: No review required. Business signs would be subject to staff level Design Review. V. Issues and Analysis A. Key Issues: Alcohol Service: The proposed beer and wine service requires a Type 41 license from the State Department of Alcohol and Beverage Control (ABC). Although the Zoning Ordinance does not require Police Department review for Type 41 licenses, staff notified the Police Department of this application and requested comments. The Police Department indicated no concerns with the proposal. Based on this input, and because beer and wine service in restaurants has not generally created adverse impacts, staff does not anticipate any detrimental impacts from the proposed alcohol service. Conditions 12 through 25 address standard issues associated with alcohol service, including no service to the outdoor seating and no sales for off-site consumption. Hours of operation would be reasonable and an early close (10:00 p.m. during the week and 11:00 p.m. on weekends) would minimize any potential disruption to the surrounding area. B. General and Area Plan Consistency: General Plan Policy Analysis: The 2002 General Plan contains the following policies applicable to the project: 1. Policy LU-7 Neighborhood Quality of Life, Action B: Carefully evaluate and monitor new and existing uses to minimize or eliminate negative impacts on adjacent residential uses. 2. Policy LU-26 Neighborhood Commercial Areas, Action G: Control the design and operation of commercial establishments to ensure their compatibility with adjacent residential areas. Staff Analysis: As discussed above, there are no adjacent residential uses, and staff does not anticipate any detrimental impacts from the proposed beer and wine service. 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:

9 ZONING ADJUSTMENTS BOARD 2130 OXFORD STREET June 10, 2010 Page 9 of 9 A. APPROVE Use Permit # to establish beer and wine service with meals within an approved quick-service restaurant space pursuant to Section 23B and subject to the attached Findings and Conditions (see Attachment 1). Attachments: 1. Findings and Conditions 2. Project Plans, received 4/15/ Police comments 4. Notice of Public Hearing 5. Correspondence Received Staff Planner: Nathan Dahl, ndahl@ci.berkeley.ca.us, (510)

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