Title
PLN24-0564 - Administrative Use Permit - 2095 North Loop Road - Applicant: Charlotte Harris. A public hearing to consider an Administrative Use Permit to allow an approximately 480-square-foot outdoor equipment enclosure located on the west side of an existing office building pursuant to AMC 30-4.10.c.9.
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CITY OF ALAMEDA
PLANNING, BUILDING & TRANSPORTATION DEPARTMENT
ZONING ADMINISTRATOR
ITEM NO: 3-C
PROJECT DESCRIPTION:
PLN24-0564 - Administrative Use Permit - 2095 North Loop Road - Applicant: Charlotte Harris. A public hearing to consider an Administrative Use Permit to allow an approximately 480-square-foot outdoor equipment enclosure located on the west side of an existing office building pursuant to AMC 30-4.10.c.9.
GENERAL PLAN: Business & Employment
ZONING: CM-PD, Commercial Manufacturing - Planned Development District
ENVIRONMENTAL DETERMINATION:
Categorically exempt pursuant to CEQA Guidelines Section 15303 - New Construction or Conversion of Small Structures.
PROJECT PLANNER: Henry Dong, 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 have not received any public comments on this proposed project.
EXHIBITS: 1. Project Plans
RECOMMENDATION: Approve the project with conditions.
PROPOSAL SUMMARY:
The applicant is requesting a Use Permit to allow an approximately 480-square-foot outdoor equipment enclosure located on the west side of an existing office building. The enclosure will be surrounded by an 8-foot-tall chain linked fence with privacy slats installed to screen the equipment from public view. The enclosure will contain equipment serving a research and development facility located in the building. The equipment will include a backup generator, condenser unit, and a compressor. See Exhibit 1: Project Plans.
Pursuant to AMC Section 30-4.10(c), uses permitted in the CM-PD District that are not conducted within an enclosed building or structure require Use Permit approval. The proposed use permit can be granted if certain findings can be made. The following section provides an analysis of those findings. Conditions of approval are also provided to ensure compliance with the findings and performance standards.
PROPOSED 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 building is located within the CM-PD zoning district, which permits outdoor equipment enclosures with a use permit. The proposed use consists of an approximately 480-square-foot outdoor equipment enclosure located on the west side of an existing office building. The enclosure will be surrounded by an 8-foot-tall chain linked fence with privacy slats to screen the equipment from public view. The site is suitable for the use because the proposed outdoor equipment will support the research and development facility on the property. The equipment enclosure will be located behind an existing trash enclosure and will have minimal visibility from the street. The enclosure is approximately 208 feet from the nearest residential dwelling which is located across Catalina Avenue north of the rear property line. In addition, the enclosure design is architecturally compatible with the existing fencing and enclosures in the business park, and the equipment will be required to comply with all state and local requirements including the City of Alameda Noise Ordinance. Therefore, the project is architecturally, aesthetically, and operationally harmonious with the community and the surrounding development.
2. The proposed use will be served by adequate transportation and service facilities, including pedestrian, bicycle and transit facilities.
The new outdoor equipment enclosure supports the existing office building within the business park that is served by adequate transportation and service facilities. The facility is located on North Loop Road which includes readily available pedestrian access by sidewalks and crosswalks. The project is located within one block of the Harbor Bay Business Park Shuttle stop which connects to the BART station and the SF Ferry station. The proposed project will not result in any changes to the existing pedestrian, bicycle, or transit facilities adjacent to the site nor would the project jeopardize the safety of people using such facilities or services. Therefore, the proposed use is served by adequate transportation and service facilities, including pedestrian, bicycle and transit 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.
There are no significant public health and safety risks associated with the proposed equipment use as the project must comply with all applicable state and local regulations including the City of Alameda Noise Ordinance, and requirements for a Hazardous Materials Business Plan with the County of Alameda, if required. Compliance with these requirements and the recommended conditions of approval would ensure that any adverse effects of the proposal on the welfare of the public, including deleterious effects on businesses and the local economy, are avoided.
4. The proposed use relates favorably to the General Plan.
The General Plan designates this area as “Business and Employment” where uses support the Harbor Bay Business Park and include office, research and development, bio-technology, and accessory supportive facilities. The new outdoor equipment enclosure supports the permitted research and development use within the existing commercial building on the site. Therefore, the project relates favorably to the General Plan.
PROPOSED CONDITIONS:
1. Approved Uses: The Use Permit approves, with conditions, an outdoor equipment enclosure containing equipment that supports the primary office building on the site.
2. Compliance with Regulations: The approved use is subject to, and shall comply with, all applicable City Ordinances and laws and regulations of other governmental agencies.
3. Compliance with Conditions. The applicant/property owner shall ensure compliance with all the conditions contained in this Use Permit approval. Failure to comply with any condition may result in issuance of citation, and/or modification or revocation of the Use Permit approval.
4. Changes to Approved Plans. This approval is limited to the scope of the project defined in the project description and as depicted in Exhibit 1 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.
5. Exterior Lighting: New exterior lighting fixtures shall be low intensity, directed downward and shielded to minimize offsite glare.
6. Noise: The project shall not cause an increase in ambient noise levels in excess of those allowed in AMC Section 4-10. The Planning Director, or his or her designee, may require noise monitoring and additional project modifications if appropriate to meet the ambient noise levels required by the AMC.
7. Compliance with Regulatory Approvals: The applicant shall comply with any applicable provisions and permits required from any federal, state, or regional agencies, including, but not limited to, the Bay Area Air Quality Management District, Alameda County Department of Environmental Health, and the City of Alameda Noise Ordinance.
8. Vesting. The Use Permit approval shall expire two (2) years after the date of approval (November 4, 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 shall be subject to ministerial approval by the Planning Director and must be filed prior to the date of expiration.
9. 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.
10. 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.
PROPOSED CEQA DETERMINATION:
Environmental Determination: The project is categorically exempt pursuant to CEQA Guidelines Section 15303 - New Construction of Conversion of Small Structures. There are no unusual circumstances that would preclude the use of the exemption.