Title
PLN24-0120 - Administrative Use Permit - 2527 Santa Clara Avenue - Applicant: Alex Alonso. A public hearing to consider an Administrative Use Permit to allow ground floor residential use fronting onto the public right of way. Pursuant to Alameda Municipal Code 30-4.9A dwellings with living quarters located on the ground floor, fronting onto the public right of way may be permitted subject to use permit approval.
Body
CITY OF ALAMEDA
PLANNING, BUILDING AND TRANSPORTATION DEPARTMENT
ADMINISTRATIVE USE PERMIT
PROJECT
DESCRIPTION: PLN24-0120 - Administrative Use Permit - 2527 Santa Clara Avenue - Applicant: Alex Alonso. A public hearing to consider an Administrative Use Permit to allow ground floor residential use fronting onto the public right of way. Pursuant to Alameda Municipal Code 30-4.9A dwellings with living quarters located on the ground floor, fronting onto the public right of way may be permitted subject to use permit approval.
GENERAL PLAN: Community Mixed-Use
ZONING: C-C-T, Community Commercial Zone - Theatre Combining District
DETERMINATION: The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15303 - Conversion of small structures.
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 local newspapers and posted in public areas near the subject property. Staff has not received any public comments on this proposed project.
EXHIBITS: 1. Project Plans
RECOMMENDATION: Approve the Use Permit with conditions.
PROPOSAL SUMMARY: The project site is located at 2527 Santa Clara Avenue. Applicant proposes to re-establish residential use in a single-story Craftsman bungalow that has previously operated as a commercial office. Pursuant to Alameda Municipal Code (AMC) 30-4.9A.c.1. when the living quarters are located on the ground floor, fronting onto the public right-of-way, dwellings are permitted with approval of a use permit. The existing structure was originally built in 1924 as a single-family home on the periphery of the Park Street commercial district. At some point in the past the use of the property changed from residential to commercial use, most recently functioning as a legal office. The building is set back from the sidewalk and the front entrance is located six steps above grade. The interior floor plan resembles a typical residence. Overall, the building is poorly configured to function as a commercial property and lacks modern required accessibility features commercial tenants demand. In addition to converting the primary building back to a single-family home, the property includes three approximately 8-foot by 20-foot shipping containers used for storage at the rear of the lot.
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 are architecturally, aesthetically, and operationally harmonious with the community and surrounding development.
The proposed ground floor residential use is compatible with the other land uses in the Park Street commercial district in the C-C-T zoning district. 2527 Santa Clara Avenue is in a mixed-use area with retail, office, and residential uses in the immediate vicinity. The existing Craftsman bungalow was built as a single-family home, has the look and feel of a residence, and this use permit restores that historic use. No exterior changes are proposed as part of this use permit. Allowing ground floor residential use reduces the pressure to alter the historic architecture of the building to accommodate commercial tenants.
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 has no barriers to public access and has a wide range of services available nearby in the Park Street business district. The project site is near the junction of two high quality transit corridors, served by AC Transit Lines 20, 21, 51A, O, and OX. The site has tandem off-street parking spaces to supplement the available nearby metered and non-metered street parking. The property has a gated rear yard and accessory storage buildings that capable of providing secure bicycle storage opportunities in addition to available public bike parking in the surrounding business district.
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 deleterious effects on existing business districts or the local economy.
Permitting ground floor residential use, as conditioned, will not adversely affect other property in the vicinity. The building was constructed to serve a residential purpose and an occupied dwelling being cared for and being invested in the neighborhood will have a positive effect on the area as opposed to an unoccupied, hard to lease commercial property.
4. The proposed use relates favorably to the General Plan.
The site is designated Community Mixed Use in the Alameda 2040 General Plan which permits a wide range of commercial and residential uses. Program 3 in the Housing Element of the General Plan calls for encouraging at least 400 new residential units in our commercial transit corridors like the Park Street business district over the next eight years. Amendments to the Alameda Municipal Code implementing the Housing Element now allow the City to consider approving ground floor residential uses in the Community Commercial Zoning District via a use permit to help meet our housing supply goals.
CONDITIONS:
1. Approved Uses: This use permit approves ground floor residential use fronting onto the public right of way in an existing 1924 Craftsman bungalow.
2. Compliance with City Ordinances. The approved use is subject to, and shall comply with, all applicable City Ordinances and laws and regulations of other governmental agencies.
3. Changes to Approved Plans: This approval is limited to the scope of the project defined in the project description and does not represent a recognition and/or approval of any work completed without required City permits. Any changes to the approved scope of the project shall be submitted to the Planning, Building and Transportation Department for review and approval.
4. Change in Building Occupancy: Within ninety (90) days of approval of this use permit, Applicant shall apply and pay necessary application fees to obtain a new Certificate of Occupancy to comply with the Building Code. Should a building inspection identify any necessary repairs or modifications to satisfy Building Code requirements, reasonable, timely progress must be made to obtain necessary approvals and complete repairs to avoid Code Enforcement action and scheduling of a revocation hearing for this use permit.
5. Demolition Triggers Review: Any demolition of the existing structure, as defined by AMC 13-21.2, would remove the primary rationale for this approval. Any new structure proposed on this site with ground floor residential use fronting onto the public right of way shall require a new application to modify this use permit.
6. Revocation. This Use Permit may be modified or revoked by the Zoning Administrator, pursuant to Alameda Municipal Code Section 30-21.3d should the Zoning Administrator 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.
7. Vesting. The Use Permit approval shall expire two (2) years after the date of approval or by May 20, 2026 unless authorized construction or use of the property has commenced. The applicant may apply for a time extension, not to exceed two (2) years. An extension request will be subject to approval by the Zoning Administrator and must be filed prior to the date of expiration.
8. 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.
Use Permit
The Zoning Administrator approves the Use Permit with conditions.
The decision of the Zoning Administrator shall be final unless appealed to the Planning Board, in writing and within ten (10) days of the decision.
Approved by: Date: May 20, 2024
Steven Buckley, Zoning Administrator