Title
PLN18-0191 - 2450 Pan Am Way (Alameda Point, Bldg 35) - Applicant: Malyka Chop. A public hearing to consider an Administrative Use Permit to allow an outdoor play area for a commercial day care within the Alameda Point, Main Street Zoning District, and a Design Review approval for the construction of an ADA compliant handicap ramp
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CITY OF ALAMEDA
COMMUNITY DEVELOPMENT DEPARTMENT
ADMINISTRATIVE USE PERMIT
ITEM NO: 3-D
PROJECT
DESCRIPTION: PLN18-0191 - 2450 Pan Am Way (Alameda Point, Bldg 35) - Applicant: Malyka Chop. A public hearing to consider an Administrative Use Permit to allow an outdoor play area for a commercial day care within the Alameda Point, Main Street Zoning District, and a Design Review approval for the construction of an ADA compliant handicap ramp.
GENERAL PLAN: Medium Density Residential
ZONING: AP-MS, Alameda Point - Main Street Neighborhood
ENVIRONMENTAL
DETERMINATION: The City of Alameda certified the Alameda Point Final Environmental Impact Report (State Clearinghouse No. 201312043), which evaluated the environmental impacts of redevelopment and reuse of the lands at Alameda Point.
PROJECT PLANNER: David Sablan, AICP, Planner II
PUBLIC NOTICE: A notice for this hearing was mailed to property owners and residents, 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. Site Plan
RECOMMENDATION: Approve the Use Permit and Design Review with conditions based on the following findings:
Background: On April 16, 2018 the applicant submitted an application for a Certificate of Approval, Design Review, and an Administrative Use Permit. Within the AP-MS zoning district outdoor uses require a use permit, as do non-residential fences per Alameda Municipal Code (AMC) Section 30-5.14. The applicant proposes to use the structure for a commercial day care, which will require a new Americans with Disabilities Act (ADA) compliant entrance, and an outdoor play area with fencing. In order to be ADA compliant the applicant will need to modify a contributing structure (Building 35) to the NAS Alameda Historic District and construct a new door on the rear of the building and build a new handicap ramp on the East and South sides of the building. On June 7, 2018 the Historical Advisory Board (HAB) granted a Certificate of Approval to allow these modifications. As part of its approval, the HAB ordered the omission of the transom window over the new door, therefore staff is recommending a condition that requires the removal of the proposed transom window shown on project plans.
The building has two entrances on the front (west) elevation, but neither of the existing entrances meet ADA requirements. In order to occupy the building, the applicant is required to provide at least one ADA-compliant exit, and is proposing to create a new exit on the rear of the building so that the associated wheelchair ramp occupies the rear (east) and side (south) of the building and does not impact the street facing elevation. The proposal would be to build a new exit door next to the windows that are part of a non-original portion of the building, and build a handicap ramp made out of wood. As part of the tenant improvements, the applicant will rehabilitate the damaged exterior of the building, which would include repairing window panes as needed but keeping the original sashes, repainting the building based on the NAS Alameda color palette previously approved by the Historical Advisory Board, and repairing damages to the smooth concrete surface of the façade.
Currently the building has an approximately 4,000 square foot area fenced off from the surrounding parking lots and neighboring buildings by a six foot tall chain link fence. The applicant is proposing to use this area for an outdoor play area. The applicant proposes using temporary and movable furniture and play structures. The project site is located far from other buildings within Alameda Point and will not have a noise impact on surrounding uses. The existing fence will need to have the existing barb wire removed, and the applicant would like to install screening for privacy. Staff recommends a condition that this screening be redwood slats, and that any alternative materials or methods used shall be subject to approval by the Community Development Director.
CONDITIONAL 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 project site is located far from other buildings in both the neighboring Alameda Point - Adaptive Reuse (AP-AR) and AP-MS Zoning Districts, and will not have an impact on, or be impacted by, existing uses. As conditioned, the fence screening will be compatible with other non-residential fences within Alameda Point.
2. The proposed use will be served by adequate transportation and service facilities, including pedestrian, bicycle and transit facilities. The project site has ample on-site parking to accommodate both parents and employees. The project site is not immediately surrounded by other buildings that would be impacted during pick up and drop off hours for the day care business.
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. As conditioned the project applicant will be required to maintain the fence and its screening in order to avoid unsightly vandalism and disrepair. The project is also conditioned so that all furniture and play structures on-site shall be removed prior to the expiration of a lease for the building.
4. The proposed use relates favorably to the General Plan. The project site has a General Plan Land Use designation of Medium Density Residential. Guiding Policy 2.4.i encourages the inclusion of child care centers in major residential and commercial developments. The project fulfills these policy by providing a commercial day care center directly adjacent to the adaptive reuse of NAS Alameda and future development of Alameda Point.
DESIGN REVIEW FINDINGS
1. The proposed design is consistent with the General Plan, Zoning Ordinance, and the City of Alameda Design Review Manual. The proposed design is consistent with the General Plan, Zoning Ordinance, and the City of Alameda Design Review Manual, because the proposed new construction is compatible in design and use of materials with the existing building and surrounding neighborhood.
2. The proposed design is appropriate for the site, is compatible with adjacent or neighboring buildings or surroundings, and promotes harmonious transitions in scale and character in areas between different designated land uses. The proposed modifications will not enlarge the existing structure. The proposed door is located on the rear of the building and the proposed handicap ramp is located on the rear and side of the building to lessen its visibility from the public right of way.
3. The proposed design of the structures and exterior materials and landscaping are visually compatible with the surrounding development, and design elements have been incorporated to ensure the compatibility of the structure with the character and uses of adjacent development. The proposed door matches the style and material of the existing doors on the opposite side of the building, and maintains streamline moderne architectural style of the building that is common within the NAS Alameda Historic District. As conditioned the fence screening will be consistent with existing fence screening utilized at other properties in Alameda Point.
The applicant shall implement the following special conditions for this use permit:
1. Compliance with Approved Plans: Any modification on this site shall be in substantial compliance with the application submittal dated April 16, 2018, by Malyka Chop, on file in the City of Alameda Community Development Department, except as modified by the conditions listed in this use permit.
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 Community Development Department for review and approval.
3. Vesting: The Use Permit and Design Review approval shall expire two (2) years after the date of approval or by July 16, 2020 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. Duration and Expiration: Once vested, this Use Permit shall be valid for the duration of the lease agreement between the City of Alameda and the applicant.
5. Prohibited Materials: Use of barbed wire, razor wire, and other similar materials shall not be permitted as any part of any fencing on the subject site.
6. Compliance with Conditions: Failure to comply with any conditions may result in issuance of a citation and/or modification or revocation of the Use Permit.
7. Transom Window: Plans submitted for building permits shall omit the transom window over the proposed door.
8. Removal of Furniture and Play Structures: Upon expiration or revocation of this use permit the applicant shall immediately remove all temporary improvements, furniture, and play structures from the outdoor area.
9. Fencing:
a. Prior to the issuance of a Certificate of Occupancy all existing barb wire on site shall be removed.
b. Fence screening shall be redwood slats, or a similar looking material. Use of a different method of screening shall require the approval of the Community Development Director.
c. The applicant shall be responsible for the maintenance of the fence. This may include but is not limited to:
i. Repairing and replacing damaged links and/or slats.
ii. Ensuring the entirety of the fence is properly erected, and promptly repairing any instances where the fence may be falling or has already fallen.
iii. Immediately remove any graffiti.
10. 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.
11. Indemnification: The applicant shall defend (with counsel reasonably acceptable to the City), indemnify, and hold harmless the City of Alameda, the Alameda City Planning Board and their respective agents, officers, and employees from any claim, action, or proceeding (including legal costs and attorney’s fees) against the City of Alameda, , Alameda City Planning Board and their respective agents, officers or employees to attack, set aside, void or annul, an approval by the City of Alameda, the Community Development Department, Alameda City Planning Board, or City Council relating to this project. The City shall promptly notify the applicant of any claim, action or proceeding and the City shall cooperate in such defense. The City may elect, in its sole discretion, to participate in the defense of said claim, action, or proceeding.
Environmental Determination
The City of Alameda certified the Alameda Point Final Environmental Impact Report (State Clearinghouse No. 201312043), which evaluated the environmental impacts of redevelopment and reuse of the lands at Alameda Point.
Use Permit & Design Review
The Zoning Administrator approves the Use Permit and Design Review 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: July 16, 2018
Andrew Thomas, Zoning Administrator