Title
PLN21-0134 - Use Permit - 1429 Oak Street - Applicant: City of Alameda Community Development Department. A public hearing to consider an Administrative Use Permit to allow the construction of a six-foot tall, black-wire coated security fence around the perimeter of a vacant building. Per Alameda Municipal Code (AMC) Section 30-5.14.g, non-residential fences require the approval of an Administrative Use Permit. General Plan: Public/Institutional/School. Zoning: R-6, Hotel-Residential District. CEQA Determination: Exempt per CEQA Guidelines Section 15311 - Accessory Structures.
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CITY OF ALAMEDA
PLANNING, BUILDING & TRANSPORTATION DEPARTMENT
ADMINISTRATIVE USE PERMIT
ITEM NO: 3-B
PROJECT
DESCRIPTION: PLN21-0134 - Use Permit - 1429 Oak Street - Applicant: City of Alameda Community Development Department. A public hearing to consider an Administrative Use Permit to allow the construction of a six-foot tall, black-wire coated security fence around the perimeter of a vacant building. Per Alameda Municipal Code (AMC) Section 30-5.14.g, non-residential fences require the approval of an Administrative Use Permit. General Plan: Public/Institutional/School. Zoning: R-6, Hotel-Residential District. CEQA Determination: Exempt per CEQA Guidelines Section 15311 - Accessory Structures.
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GENERAL PLAN: Public/Institutional/School
ZONING: R-6, Hotel Residential District
ENVIRONMENTAL
DETERMINATION: Categorically Exempt from State CEQA Guidelines Section 15311 - Accessory Structures.
PROJECT PLANNER: David Sablan, Planner III
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 project with conditions.
PROPOSAL SUMMARY:
The project site includes two City owned vacant buildings at the northwest corner of Oak Street and Santa Clara Avenue, the Carnegie Building at 2264 Santa Clara Avenue and the former Children’s Library at 1429 Oak Street. The Carnegie Building was most recently used to store old file archives for the City of Alameda. Over the past several years there have been several break-ins into the Carnegie Building, which resulted in vandalism and destruction of City property. One incident resulted in a small fire. These break-ins originated through windows being broken on the rear of the Carnegie Building and which are accessible through the side yard of the Children’s Library at 1429 Oak Street. To avoid future break-ins the Community Development Department, who manages the property, proposes erecting a six-foot tall black vinyl coated chain link fence along the side yards of the Children’s Library and a six-foot tall decorative wrought iron fence along the street frontage. The proposed fencing will restrict access from the public right of way to the rear of the Carnegie Building and the side of the Children’s Library. Staff recommends a condition of approval that requires the fencing to be located entirely on the project site’s property and out of the public right of way. This condition will preserve the width of existing sidewalk.
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 fencing will have black vinyl coating along its chain-link portions, similar to fencing used at other City facilities and parks, such as Estuary Park. The fencing along the street frontage will be decorative wrought iron. These materials and elements make the fencing more attractive and feel more permanent than regular chain link fencing. As conditioned the fence will be located entirely out of the public right of way and will not impede pedestrian traffic.
2. The proposed use will be served by adequate transportation and service facilities, including pedestrian, bicycle and transit facilities.
The site is currently developed and does not require additional off-street parking facilities. The proposed fencing will not increase the demand for transportation and service facilities.
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 proposed fencing is made of vinyl coated chain-link and wrought iron bars, which are entirely see-through and will not cause visibility issues with the adjacent driveway for the funeral home at 1415 Oak Street. The fencing will reduce potential break-in points for the two buildings, as well as reducing the potential for illegal activity near institutional uses such as City Hall and Alameda High School, as well as the adjacent Park Street Business District.
4. The proposed use relates favorably to the General Plan.
The project relates favorably to General Plan Guiding Policy 6.4.b, which encourages the use of an existing architecturally distinguished building as centerpiece for the Civic Center area. The Carnegie Building is an architecturally distinguished building, it is both a Local Monument and is listed on the National Register of Historic Places, being on both lists partly on the basis of its architecture. The erection of the proposed fence will protect the building from vandalism so that it may be used as in the future.
1. Compliance with Plans. Any modification on this site shall be in substantial compliance with the use permit application submittal dated March 23, 2021, by Matt Millado on behalf of RiverRock Property Management, on file in the City of Alameda Community Development Department, except as modified by the conditions listed in this report.
2. 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.
3. Vesting: The Use Permit approval shall expire two (2) years after the date of approval or by May 3, 2023 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.
4. Fence Maintenance: The applicant shall be responsible for the maintenance of the fence. This may include but is not limited to:
a. Repairing and replacing damaged links.
b. Ensuring the entirety of the fence is properly erected, and promptly repairing any instances where the fence may be falling or has already fallen.
c. Immediately remove any graffiti.
5. Location: The wrought iron section along the Oak street frontage shall be setback a minimum of twelve feet (12’) from the face of curb.
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. Indemnification. 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.
Environmental Determination
The Zoning Administrator has determined that this project qualifies for a Class 1 Categorical Exemption and no additional environmental review is necessary pursuant to CEQA Guidelines Section 15311 - Accessory Structures
Use Permit
The Zoning Administrator hereby 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 3, 2021___