April 1, 2026
Mayor Marilyn Ashcraft
Vice Mayor Michele Pryor
Councilmember Greg Boller
Councilmember Tony Daysong
Councilmember Tracy Jensen
Alameda City Council
2263 Santa Clara Avenue
Alameda, CA 94501
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
Henry Dong, Planner III
City of Alameda
Planning, Building, & Transportation Dept.
2263 Santa Clara Ave., Room 190
Alameda, CA 94501
[email protected]
Re: Response to Appeal - PLN25-0649
Amended Use Permit for 1200 Park Street
Dear Mayor Ashcraft, Vice Mayor Pryor, and Honorable Councilmembers:
Thank you for providing the appeal documentation related to the above-referenced matter.
This Appeal requires considerable City of Alameda and Park Station time and resources, and we seek a practical compromise that serves both the residential and commercial communities.
EXHIBIT 4
Park Station contributes vibrancy and foot traffic to the southern end of Park Street’s commercial district. We support the preservation and enhancement of small businesses and the broader cultural and artistic community that enriches the area. At the same time, we respect the character and needs of the neighboring residential community that has coexisted with Park Street for many decades.
Accordingly, we propose the following amendment to the Use Permit:
• Allow outdoor live music one day per week (on Saturday’s) with one band between 1:00 p.m. and 7:30 p.m. (Typical engagements are three hours of performance plus one hour for sound check.)
We will comply with the existing 85-decibel limitation measured at the nearest residence.
If this amendment is acceptable, we respectfully request dismissal of the May 5 meeting. If it is not acceptable, we request an extension and ask for a response no later than April 10.
Thank you for your consideration.
Sincerely,
Melody Thebeau
Managing Member
A
pril 7, 2026
Mayor Marilyn Ashcraft
Vice Mayor Michele Pryor
Councilmember Greg Boller
Councilmember Tony Daysong
Councilmember Tracy Jensen
Alameda City Council
2263 Santa Clara Avenue
Alameda, CA 94501
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
Henry Dong, Planner III
City of Alameda
Planning, Building, & Transportation Dept.
2263 Santa Clara Ave., Room 190
Alameda, CA 94501
[email protected]
R
e: Response to Appeal - PLN25-0649 - Amended Use Permit for 1200 Park Street Dear Mayor Ashcraft, Vice Mayor Pryor, and Honorable Councilmembers:
Thank you for providing the appeal materials regarding the above-referenced matter. This appeal has consumed substantial City and Park Station resources. We respectfully submit the following focused response and proposed resolution to balance the needs of the commercial district, the arts community, and the adjacent residential neighborhood.
Exhibit 4
Park Station contributes significant vibrancy and foot traffic to the southern end of Park Street’s commercial district. We support efforts to preserve and enhance small businesses and the arts while respecting the character and quality of life of nearby residents.
Background and CEQA Position
1200 Park Street is eligible for exemption from further CEQA review under Guidelines §15183 because the project is consistent with the City of Alameda Comprehensive General Plan 2040 adopted in June 2022, which provides a 20-year policy roadmap for land use.
This plan is supported by a comprehensive Environmental Impact Report (EIR) assessing long-term development. The Land Use Policy also supports and promotes arts and cultural programs throughout the city accessible to people of all ages. (The Land Use Policy LU-8 Arts and Culture).
Outdoor amplified music is a common, foreseeable land-use impact addressed by uniformly applied policies (e.g., noise ordinances) and the General Plan EIR and therefore is not a “peculiar” impact requiring new environmental review.
Key points supporting the §15183 exemption:
• Consistency with adopted planning and zoning (core §15183 requirement). • Noise from outdoor amplified music is not a project-specific, peculiar impact beyond what was analyzed in the prior EIR.
• Substantial evidence supports that the project fits within the scope of the prior EIR; public controversy alone does not defeat the exemption. • Additional CEQA review is only required if substantial evidence demonstrates peculiar significant impacts not mitigated by uniformly applied policies.
Relevant Case Law Hilltop Group, Inc. v. County of San Diego confirms that a §15183 exemption applies where the project is consistent with prior planning documents and that public controversy does not, by itself, necessitate further CEQA review. The Court required substantial evidence of peculiar or unmitigated significant impacts to justify additional review and upheld a deferential substantial evidence standard of review for §15183 determinations.
Common-Sense Exemption
Alternatively, 1200 Park Street may qualify for the CEQA “common-sense” exemption where it is clear the project has no possibility of causing significant environmental effects.
A limited request for live outdoor music (approximately three hours per week) presents negligible environmental impact and provides a public-service enhancement to the community.
This exemption, grounded in practical reasoning, is utilized for projects deemed too minor to warrant detailed environmental review. Invoking this exemption requires a rationale demonstrating the project’s negligible environmental impact, simplifying the approval process by bypassing the need for extensive environmental analysis. It emphasizes efficiency in project planning and implementation while safeguarding environmental standards governed under the EIR. This can be particularly advantageous for public service enhancements, infrastructure improvements, and development projects where environmental impacts are deemed negligible. Exemptions also reduce the administrative burden on local agencies, allowing them to focus their environmental review efforts on projects with the potential for significant environmental impacts.
Use Code / Noise Measurement Issues
The code enforcement citation cited measurements taken at 1198 Park Street (Washboard Coin Laundry). That building is designated as use code 3200 (Store/Office with Apts/Lofts), a commercial mixed-use classification in Alameda County. Because the commercial component is open to the public, noise measurements taken directly outside that commercial space are not appropriate for evaluating impacts to a purely residential receptor. See Exhibit A, which provides Alameda County Use Code guidance.
We therefore request that the code enforcement noise data from 1198 Park Street be excluded from the record as an invalid residential measurement point. The nearest bona fide residential property is 2414 San Jose Avenue, occupied by the owners of Park Station.
Measurements at that property over recent months have consistently been below 65 dBA at the residential property line and below 50 dBA indoors (with existing window conditions).
Proposed Resolution
To reconcile competing interests, we propose the following measures for inclusion in an amended use permit or policy:
• Adopt a noise standard consistent with comparable local practice (e.g., Berkeley):
cap amplified sound at 15 dBA above ambient measured at a specified distance, which for Park Station could translate to a maximum of 85 dBA at 50 feet from the sound source given typical ambient levels. See Exhibit B. • Identify the nearest residential measurement location as 2414 San Jose Avenue for compliance monitoring.
• Engage independent acoustical consultant Salter, Inc. to collect and analyze noise data and recommend mitigation if measured levels exceed municipal limits. Salter’s field work is scheduled for April (first available date April 11, weather permitting); results will be submitted as a supplement.
Co
nclusion
We respectfully request that the Council consider the foregoing in evaluating the appeal and the appropriate scope of environmental review. We are prepared to provide Salter’s findings and any additional information the Council may require.
Sincerely,
1200 PARK STREET LLC
M
elody Thebeau, Managing Member
EXHIBIT A
New Search
*Corrected values
Use Code
3200
STORE/OFFICE WITH APTS/LOFTS
Use Code Reference
No Parent Parcels Data No Child Parcels Data No Economic Unit Data Maps
Maps Disclaimer
Parcel Details for Parcel 70-181-1
Parcel Number: 70-181-1 Active: Yes
Property Address: 1198 PARK ST, ALAMEDA, CA 94501
Mailing Address: 227 SCOFIELD, MORAGA, CA 94556
Values
Select the year to see value details
Roll Year Land Value Imps Value
2025 $57,690 $246,830
2024 $56,559 $241,992
2023 $55,451 $237,247
2022 $54,363 $232,595
2021 $53,297 $228,035
1 - 5 of 34 items
2 3 4 5 6 71
4/7/26, 7:30 PM Property Search
https://propinfo.acgov.org/?PRINT_PARCEL=70-181-1 1/2
www.cityofberkeley.info
Noise Permit CNO 13.40.100 Effective 1/22/2010
ORDINANCE NO. 7,122-N.S.
AMENDING CHAPTER 13.40 OF THE BERKELEY MUNICIPAL CODE, REGULATING
COMMUNITY NOISE
13.40.090 Issuance of variances by the NCO.
The creation of any noise which exceeds the standards specified in this chapter that is not otherwise exempt requires the issuance of a variance. The EHD shall evaluate all applications for variances from the requirements of this chapter and may grant said variances with respect to time for compliance, subject to such terms, conditions, and requirements as it may deem reasonable to achieving compliance with the provisions of this chapter. Each such variance shall set forth in detail the approved method of achieving compliance and a time schedule for its accomplishment. If in the judgment of the EHD the time for compliance cannot be reasonably determined, a variance to cause the noise may be issued for a period not to exceed three years. In determining the reasonableness of the terms of any proposed variance, the EHD shall consider the magnitude of nuisance caused by the offensive noise, the uses of property within the area of impingement by the noise, operations carried on under existing nonconforming rights or conditional use permits or zoning variances, the time factors related to study, design, financing and construction of remedial work, the economic factors related to age and useful life of the equipment and the general public interest and welfare.
A. Any person seeking a variance pursuant to this section shall file an application with the EHD. The application shall contain information which demonstrates that bringing the source of sound or activity for which the variance is sought into compliance with this chapter would constitute an unreasonable hardship on the applicant, or the community, or on other persons.
A separate application shall be filed for each noise source; provided, however, that several mobile sources are under common ownership, or several fixed sources on a single property may be combined into one application. Notice of an application for variance shall be posted for 12 working days in the area of the proposed variance, which notice shall state the last the day to file an objection to the variance. If an individual who claims to be adversely affected by allowance of the variance files a written objection by the deadline provided in the notice with the EHD objecting to the proposed variance, the EHD will facilitate discussion with the applicant to mitigate that individual’s concerns. Any late written objections shall be taken into consideration for future events.
B. In determining whether to grant or deny the application, the EHD shall balance the hardship on the applicant, the community, and other persons of not granting variance against the adverse impact on the health, safety, and welfare of persons affected, and any other adverse impacts of granting the variance. Applicants for variances and persons contesting variances may be required to submit such information as the EHD may reasonably require. In granting or denying an application, the EHD shall keep on public file a copy of the decision and the reasons for denying or granting the variance.
C. Variances shall be granted by notice to the applicant containing all necessary conditions, including a time limit on the permitted activity. The variance shall not become effective until all conditions are agreed to by the applicant. Noncompliance with any
EXHIBIT B
www.cityofberkeley.info
Noise Permit CNO 13.40.100 Effective 1/22/2010
condition of the variance shall terminate the variance and subject the person holding it to those provisions of this chapter. (Ord. 5500-NS § 1 (part), 1982)
13.40.100 Permits--Outdoor amplified sound.
A. Applications. Any person(s) or organization(s) wishing to use amplified sound outdoors for an Event must obtain a permit for the amplified sound from the EHD. In evaluating the application, the EHD shall consider the following factors in addition to additional criteria the EHD may adopt:
Factors:
1. Time and duration (if any) of event.
2. Location or route of event.
3. Anticipated number of people in attendance.
4. Number of people to be affected by the event.
5. Magnitude of noise.
6. Provisions of the organization to deal with complaints received.
7. Provisions of the organization for admitting people to the event.
8. Provisions of the organization for crowd control, disabled access, pedestrian access, and vehicle access.
9. Past compliance and non -compliance with the provisions of t his Chapter and previous permits granted to the organization.
10. That on private property there have been no more than seven permits for outdoor or indoor amplified sound granted for the location applied for within that calendar year or any such permit gr anted for an event taking place at the location within 30 days of the requested date.
11. That on public property no more than one permit be issued for the Location in any one day.
This application will be due to the EHD no less than 30 days before the intended date of the Event, unless the proposed Event is in response to an occurrence whose timing did not reasonably allow the applicant to file a timely application and the imposition of this time limitation would place an unreasonable restriction on fre e speech. An application must be on a form provided by the City and shall include the names, addresses, phone numbers, and photo identification of all persons who are or will be responsible for the conduct of the event. The application will be denied if th e information contained in the application, including supplemental information, if any, is found to be false in any material respect, the applicant fails to meet the City requirements for a permit, or Factors 10 or 11 above apply.
B. Contents of Permits and Conditions.
An amplified sound permit may impose reasonable time, place, and manner conditions such that the proposed sound will not pose a traffic or safety hazard, interfere with fire or police protection services, or unreasonably interfere with pe destrian or vehicular use of the Public right -of-way. All amplified sound permits shall be subject to the following conditions:
1. The only amplified sounds permitted shall be either music or human speech, or both;
www.cityofberkeley.info
Noise Permit CNO 13.40.100 Effective 1/22/2010
2. Sound amplification equipment on private property shall not be utilized in any location for a period in excess of 4 hours in any 24-hour period;
3. Sound amplifying equipment when associated with an approved Event permit shall be used upon public property for the duration of the Event and only between the hours of 10:00 a.m. and 8:00 p.m., except as may be permitted pursuant to other provisions of this Code, such as Section 13.40.080, and upon private property only between the hours of 10:00 a.m. and 8:00 p.m.;
4. Speakers for outdoor sound amplification equipment shall be directed, to the extent feasible toward open or unoccupied space and away from residentially occupied property; 5a. The sound emanating from sound amplifying equipment on private property shall not exceed 15 dBA above the ambient noise level measured at the exterior of any dwelling unit located on any residential property; and in no case to excee d 65 dBA at the exterior of any such building;
5b. On public property such sound may not exceed 15 dBA above the ambient noise level measured at any point 50 feet from the sound amplifying equipment. The EHD may allow higher limits upon a showing that an expected audience cannot be effectively communicated to within the above limits;
6. In any event, the volume of sound shall be so controlled that it will not be unreasonably loud, raucous, jarring, disturbing or a nuisance to reasonable persons of normal sensitiveness within the area of audibility; Such other terms as may be necessary to insure compliance with the provisions of this chapter; The organization must provide the EHD with the names of two people who will be in attendance at all times and hav e the authority to deal with a NCO or the police in response to complaints and/or violations; The permittee shall carry the permit during the proposed Event and show it, upon demand, to any City employee authorized to enforce this Chapter; All sound equip ment must be kept in locations that comply with the location and size requirements of Section
14.48.170. The EHD may require the applica nt to distribute flyers throughout the surrounding area in advance of the proposed Event, notifying the affected residents and business people of the proposed Event.
D. A NCO may summarily terminate the permit after a warning, if the activity for which the permit is issued results in violations of any applicable laws or regulations.
E. A violation of any permit conditions is a violation of this Chapter.
F. The EHD may issue additional regulations to further the purposes of this Section. (Ord. 5500-NS § 1 (part), 1982)
13.40.120 Appeals.
Any person directly affected by the noise and/or the applicant who is aggrieved by approval or disapproval of a variance or permit by the EHD may appeal in writing to the City Manager no less than 72 hours prior to the anticipated exercise of the variance or permit. The City Manager shall consider the appeal as soon as possible. The City Manager shall provide written notice of his or her decision to the appellant. The City Manager’s decision shall be final. (Ord. 5500-NS § 1 (part), 1982) From: Melody Thebeau
To: Henry Dong; Steven Buckley; Grant Usken; Dan Thebeau Subject: [EXTERNAL] Request to Retract Code Enforcement Violation - 1200 Park Street Date: Wednesday, April 8, 2026 4:27:55 PM
Attachments: Zoning Use and Parcel Map.pdf
Hi Henry and Steve,
We wish to formally dispute the issued noise violations in connection with our permitted outdoor live music. Our use permit authorizes outdoor live music not to exceed 85 dBA, with measurements to be taken at the nearest residential property.
Based on the information provided by the responding officer/inspector and our own review, we believe the citations are invalid because the sound measurements were taken at commercial buildings located at 1198 Park Street (Parcel 70-181-1; Commercial Use Code 3200) and 1203 Park Street (Parcel 71-207-11; Commercial Use Code 3200) instead of the nearest residential property, as required.
Attached is the parcel map showing use codes for nearby properties on Park Street and San Jose Avenue. You'll note that the nearest residential properties to 1200 Park Street are 1212 Park Street and 2414 San Jose Avenue (our residence).
Please include this information (including the map) in the City Council submission, documenting our request to dismiss the noise violations.
Thank you.
Melody Thebeau
email: [email protected]
phone: 415.716.9625
url: www.sacyard.beer
ZONING USE – PARCEL MAP
1200 PARK STREET AND SURROUNDING BUILDINGS
NEAREST "RESIDENTIAL" - 1212 PARK STREET AND
2414 SAN JOSE AVE.
C-3100
C-3100
C-3200
C-3200
C-3200
C-3200
C-3200
R-1100
R-1100
R-1100
R-1100
1XXX - SINGLE FAMILY RESIDENTIAL
2XXX - MULTI-FAMILY RESIDENTIAL
3XXX- COMMERCIAL
R-2500
R-2300
C-3200
C-3100
R-1100
R-1100
R-2500
C-3200
C-3200
C-3200
STAGE
ZONING USE – PARCEL MAP
1200 PARK STREET AND SURROUNDING BUILDINGS
NEAREST "RESIDENTIAL" - 1212 PARK STREET AND
2414 SAN JOSE AVE.
C-3100
C-3100
C-3200
C-3200
C-3200
C-3200
C-3200
R-1100
R-1100
R-1100
R-1100
1XXX - SINGLE FAMILY RESIDENTIAL
2XXX - MULTI-FAMILY RESIDENTIAL
3XXX- COMMERCIAL
R-2500
R-2300
C-3200
C-3100
R-1100
R-1100
R-2500
C-3200
C-3200
C-3200
STAGE