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PLN22-0383 - Administrative Use Permit - 707 West Tower Ave - Applicant: Nicole Roman on behalf of Kairos Power. Public hearing to consider extending an administrative use permit for an approximately 170 square foot restroom trailer for up to two additional years.
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CITY OF ALAMEDA
PLANNING, BUILDING AND TRANSPORTATION DEPARTMENT
ZONING ADMINISTRATOR
ADMINISTRATIVE USE PERMIT EXTENSION
PROJECT
DESCRIPTION: PLN22-0383 - Administrative Use Permit - 707 West Tower Ave - Applicant: Nicole Roman on behalf of Kairos Power. Public hearing to consider extending an administrative use permit for an approximately 170 square foot restroom trailer for up to two additional years.
GENERAL PLAN: Mixed-Use
ZONING: AP-AR, Alameda Point - Adaptive Reuse Zoning District
ENVIRONMENTAL
DETERMINATION: The project is exempt from further review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15183, tiering from the Alameda Point EIR.
PROJECT PLANNER: Brian McGuire, Planner II
PUBLIC NOTICE: A notice for this hearing was mailed to property owners and residents within 300 feet of the site, published in the local newspaper of general circulation and posted in public areas near the subject property. Staff have not received any public comments on this proposed project.
EXHIBIT(S): 1. Project Plans
RECOMMENDATION: Approve the project with conditions.
PROJECT SUMMARY:
Kairos Power occupies 707 W. Tower Ave, Building 9 in the NAS Alameda Historic District. They are undertaking tenant improvements that require closing existing employee restroom and shower facilities. The applicant was granted an Administrative Use Permit on October 3, 2022 to locate a trailer with three individual stalls each with a shower and toilet, including a handicap accessible stall. Once the interior tenant improvements are completed the trailer will be removed from the site. Due to other pressing business needs, the interior tenant improvements were not begun until October 2024, so the applicant has requested an additional two-year term for the trailer.
The temporary trailer is approximately 170 square feet and 8.5 feet tall and is located along the northeast side of the building, within the general utility area of generators, trash enclosure and other support functions. The Alameda Municipal Code Zoning Regulations for Alameda Point require the approval of a use permit for outdoor uses. The following findings were made when the permit was initially approved and no appeal was filed and no complaints have been received since the trailer was installed in October 2022.
USE PERMIT FINDINGS:
1. The location of the proposed use is compatible with other land uses in the general neighborhood area, and the project design and size is architecturally, aesthetically, and operationally harmonious with the community and surrounding development.
The proposed trailer will continue to be located directly adjacent to the building, occupying two existing parking spaces and will not impact the existing drive aisles, including emergency vehicle access lanes. The surrounding area is comprised of very large warehouse and hanger-like buildings from the NAS Alameda era that have been converted to civilian commercial uses.
2. The proposed use will be served by adequate transportation and service facilities, including pedestrian, bicycle and transit facilities.
The existing establishment is already served by adequate transportation and service facilities. The property is fully developed with no barriers to public access and ample areas for vehicle and bicycle parking in the vicinity. The purpose of the trailer is to replace interior restroom and shower facilities on a temporary basis while construction in taking place. The temporary restroom facility does not generate any demand for transportation services.
3. The proposed use, if it complies with all conditions upon which approval is made contingent, will not adversely affect other property in the vicinity and will not have substantial deleterious effects on existing business districts or the local economy.
The trailer is located at the rear of the property adjacent to an existing fenced enclosure which screens visibility from the public right of way. The small, approximately 170-square foot trailer received a building permit in 2022 for its foundation and utility connections but is otherwise a small temporary accessory structure that has little impact on the site and its immediate surroundings.
4. The proposed use relates favorably to the General Plan.
The temporary restroom accessory building is necessary to support business tenant improvements in Building 9 and is therefore consistent with Alameda 2040 General Plan policy LU-21 to “support reinvestment in the existing buildings and infrastructure within the NAS Alameda Historic District.”
1. Compliance with Plans: Any modification of this site shall be in substantial compliance the plans submitted August 4, 2022 prepared by Forge Architects, on file in the City of Alameda Planning, Building, and Transportation Department, except as modified by the conditions listed in the accompanying resolution.
2. Approved Use / Expiration: This use permit approves an approximately 170-square-foot, one story restroom and shower trailer to be located on the north side of Building 19 for a period for an additional twenty-four (24) months from the original use permit approval. Upon discontinuation of use of the trailer (final inspection of the interior restroom / shower facility) or twenty-four (24) months from the date of this approval, whichever comes earlier, the trailer shall be removed from the site and the site restored to its original state.
3. Revocation: This Use Permit may be modified or revoked by the Planning Board, pursuant to AMC Section 30-21.3 should the Planning Board determine that: 1) the use or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity; 2) the property is operated or maintained so as to constitute a public nuisance; or 3) the use is operated in violation of the conditions of the Use Permit.
4. Hold Harmless: To the maximum extent permitted by law, the applicant (or its successor in interest) shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City of Alameda, its City Council, City Planning Board, officials, employees, agents and volunteers (collectively, “Indemnitees”) from and against any and all claims, actions, or proceedings against Indemnitees to attack, set aside, void or annul an approval by Indemnitees relating to this project. This indemnification shall include, but is not limited to, all damages, losses, and expenses (including, without limitation, legal costs and attorney’s fees) that may be awarded to the prevailing party arising out of or in connection with an approval by the Indemnitees relating to this project. The City shall promptly notify the applicant of any claim, action or proceeding and the City shall cooperate in the defense. The City may elect, in its sole discretion, to participate in the defense of said claim, action, or proceeding and the applicant (or its successor in interest) shall reimburse the City for its reasonable legal costs and attorneys’ fees.
PROPOSED CEQA DETERMINATION:
Environmental Determination: The project is exempt from further review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15183, tiering from the Alameda Point EIR.