RESOLUTION NO. 22-____
Resolution Of The City Council Of The City Of Emeryville Modifying Condition VII.G.6 Of The Conditions Of Approval Of The South Bayfront Retail / Mixed Use Project Planned Unit Development/Preliminary Development Plan Relating To The Number And Types Of Liquor Licenses Pre-Approved For The Bay Street Project (CEQA Determination: Exempt Pursuant To State CEQA Guidelines Section 15301, 15305, And 15061(b)(3))
WHEREAS, on September 21, 1999, the City Council adopted Ordinance No. 99-009 approving a Planned Unit Development/Preliminary Development Plan (“PUD/PDP”) for the South Bayfront Retail/Mixed Use Project, more commonly known as the “Bay Street Project”; and
WHEREAS, on August 7, 2007, the City Council adopted Resolution No. 07-155 approving a Final Development Plan for a retail building for the West Elm furniture store and, consistent with the practice at that time, adopted Conditions of Approval applicable to the entire Bay Street Project that superseded all prior conditions of approval for the development; and
WHEREAS, Condition of Approval VII(G)(6) sets forth the number, types and general location of preapproved uses involving the sale and consumption of alcoholic beverages, including determinations of public convenience and necessity; and WHEREAS, in Spring 2021, CenterCal Properties (“CenterCal”) purchased the Bay Street Project and began work to reposition the shopping center by initiating improvements to accommodate a variety of new tenants; and
WHEREAS, CenterCal intends to introduce additional restaurant uses to the Bay Street Project, several of which are expected to require licenses to serve beer, wine, and liquor, and CenterCal may also consider leasing to microbrewery or winery businesses which similarly would require licensure; and
WHEREAS, CenterCal is requesting additional flexibility in the types and locations of businesses that serve alcohol at Bay Street; and
WHEREAS, Condition of Approval VII(G)(6) states that any modification to the requirements relating to number, types and locations of preapproved uses requiring liquor licenses requires approval of the City Council; and
WHEREAS, the Bay Street Project is an important contributor to the fiscal health of the City and providing additional flexibility on the types and locations of uses that can be sited at the Bay Street Project will contribute positively to the City’s sales tax revenues by putting vacant tenant spaces into productive use and increasing the overall level of activity at Bay Street; now, therefore, be it
DocuSign Envelope ID: E60E7293-3EE3-46B3-B208-56575384DC1E Resolution No. 22-___
Bay Street Liquor License Modification
City Council Meeting | April 19, 2022
RESOLVED, that the City Council of the City of Emeryville hereby finds that the proposed amendment to the Conditions of Approval of the Bay Street Project is exempt from the California Environmental Quality Act (CEQA) under State CEQA Guidelines Section 15301, which applies to the operation, permitting, and licensing of existing facilities involving negligible or no expansion of use; Section 15305, which applies to minor alterations in land use limitations; and the “common sense exemption” at Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the proposal may have a significant effect on the environment; and be it further RESOLVED, that the City Council of the City of Emeryville hereby modifies and clarifies Condition of Approval VII(G)(6) of the South Bayfront Retail/Mixed Use Project Planned Unit Development/Preliminary Development Plan to read as follows (deletions are shown in strike-through type and additions are underlined):
“As part of the first FDP for the project, the applicant shall provide and the City Council shall confirm the number and types of liquor licenses preapproved for the overall project.
The retail/entertainment component of the project may have up to 30 15 uses involving the sale or consumption of alcoholic beverages (30 15 separate liquor licenses). However, only a maximum of 15 of these uses are currently found to be appropriate with regards to public convenience and necessity as delineated: up to 9 restaurant uses that serve beer and wine; up to 6 restaurant uses that serve beer, wine and liquor; and up to 2 tenants that sells alcohol for consumption off-premises. These 15 uses may be any combination of restaurant uses that serve beer and wine [State Department of Alcoholic Beverage Control (“ABC”) Type 41 licensees] and restaurant uses that serve beer, wine and liquor [ABC Type 47 licensees].
These 15 uses may also include a maximum of three uses that sell alcohol for consumption off premises [ABC Type 2, Type 20, Type 21 and Type 23 licensees], and which are found to be appropriate with regard to public convenience or necessity. No more than 5eight of these original 15 uses involving the sale or consumption of alcoholic beverages shall be located in Block 2. These 15 uses and any additional uses up to 30 such uses still require the appropriate Planning review as set forth in Conditions of Approval VIII.G.3 and VIII.G.4 above. Any such uses above the first 15 uses shall still require a City Council resolution of convenience and necessity.
Any other modifications to this requirement will require approval of the City Council.”
DocuSign Envelope ID: E60E7293-3EE3-46B3-B208-56575384DC1E Resolution No. 22-___
Bay Street Liquor License Modification
City Council Meeting | April 19, 2022
ADOPTED by the City Council of the City of Emeryville at a regular meeting held Tuesday, April 19, 2022 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
MAYOR
ATTEST: APPROVED AS TO FORM:
CITY CLERK ACTING CITY ATTORNEY
DocuSign Envelope ID: E60E7293-3EE3-46B3-B208-56575384DC1E