Title
PLN24-0093 - Administrative Use Permit - 2001 High Street - Applicant: Benjamin Pittenger. A public hearing to consider an Administrative Use Permit to allow the establishment of a dog grooming and daycare facility in an existing 4,200 square foot commercial tenant space pursuant to AMC 30-4.8.c.7.
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CITY OF ALAMEDA
PLANNING, BUILDING & TRANSPORTATION DEPARTMENT
ADMINISTRATIVE USE PERMIT
ITEM NO: 3-A
PROJECT DESCRIPTION:
PLN24-0093 - Administrative Use Permit - 2001 High Street - Applicant: Benjamin Pittenger. A public hearing to consider an Administrative Use Permit to allow the establishment of a dog grooming and daycare facility in an existing 4,200 square foot commercial tenant space pursuant to AMC 30-4.8.c.7.
GENERAL PLAN: Mixed Use
ZONING: C-1, Neighborhood Business District
ENVIRONMENTAL
DETERMINATION: ENVIRONMENTAL REVIEW
CEQA Determination: Categorically exempt pursuant to CEQA Guidelines Section 15301 - Existing Facilities, and Section 15332 - Infill Development, including minor modifications and change of use.
PROJECT PLANNER: Steven Buckley, Planning Services Manager
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 received one public comment on this proposed project.
EXHIBITS: 1. Project Plans
2. Applicant Statement
3. Communications
4. Public Works Memo
5. Photos
RECOMMENDATION: Approve the project with conditions.
PROPOSAL SUMMARY:
The applicant is requesting a Use Permit for a dog grooming and day care facility. The use would be conducted indoors at an existing commercial suite in an older commercial building with multiple tenants and vacancies. The building is undergoing incremental façade improvements and interior tenant improvements. Other tenants in the building include several beauty salons. The proposed pet facility would be located in the central high-ceiling space, encompassing approximately 4,000 square feet, with ancillary storage and office spaces. See Attachment 1.
The pedestrian entrance would be from High Street. Parking spaces are located along Marina Drive and Fernside Boulevard, arranged as head-in / angled parking. The property owner has an easement agreement with the City that will restrict access to four spaces closest to the intersection of High Street and Fernside Boulevard.
Planned tenant improvements are minimal. A rubberized flooring material will be installed and movable plastic barriers will be used to demarcate interior space for large dogs, small dogs, and reception/retail areas. A dog grooming station will be installed and a trash/storage area will be designated at the rear of the space. The applicant has prepared a project description / business plan shown in Attachment 2.
The site will also be improved by the property owner as noted on existing building permit plans and requirements of the Public Works Department. See Exhibit 4.
ANALYSIS:
Neighbor communication has indicated concerns about the possible noise and odor impacts of the business if not properly operated. (See Exhibit 3.) Based on a site visit, it appears that the site is relatively isolated from the residential neighbors by the intervening commercial tenants spaces facing Marina Drive and Fernside Boulevard, such that the main direction of noise would be directed High Street, which experiences high volumes of traffic in close proximity to the sidewalk on both sides of the street. This façade is undergoing renovation to install new fixed-glazing windows and commercial doors.
The main space is also isolated from the residential neighbors by a solid wall facing the residential area immediate to the northwest. Existing skylights are not operable and a two-vent HVAC system is in place. The applicant indicates that HEPA or charcoal filters will be installed. See Exhibit 5.
The site is zoned to allow dog grooming and pet store uses subject to a use permit that 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.
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 Neighborhood Business zoning district, which permits pet grooming and pet stores with a Use Permit. As conditioned, the use will comply with the operational standards for neighborhood businesses. No overnight boarding would be allowed, i.e. the site would not operate as a kennel and no outdoor dog runs would be provided. The site is undergoing exterior renovation, which will improve its relationship to the neighborhood, which is has commercial uses on the main corners and is otherwise devoted to lower density residential uses. Conditions of approval require noise and odor control, the site is already well suited to the use based on the building configuration, and the site will have designated parking for pick-up and drop-off. 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 facility is located on High Street, between Marina Drive and Fernside Boulevard with readily available pedestrian access by sidewalks and crosswalks. Most patrons will use a private vehicle to transport their pets. However, there is a bus stop in front of the site and there will be bicycle parking spaces provided outside of the building. 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.
The proposed use will occupy a long-vacant tenant space, which is going to require upgrades to the facades as well as the interior, thereby improving the neighborhood character along a highly travelled street at the foot of the High Street Bridge, which serves as a gateway to the East End of Alameda. The addition of a locally-owned business will improve the local economy as well. The proposed use, as conditioned, will not have substantial deleterious effects on existing business districts or the local economy.
4. The proposed use relates favorably to the General Plan.
The site is located within an area designated by the General Plan as Mixed Use which permits a wide variety of commercial and business uses. General Plan Guiding Policy LU-17 encourages “reuse of existing structures to retain the structures embodied energy and reduce the generation of waste.” The project is also consistent with CC-18 Building Renovation and Reuse “encourage and facilitate renovation and rehabilitation of existing buildings.” Therefore, the project relates favorably to the General Plan.
CONDITIONS:
1. Approved Uses. This use permit approves doggie day care services and a pet supply shop with accessory dog training classes. All business activities are to take place entirely indoors except as noted below for dog walking.
2. Performance Standards. Pet shops and animal grooming facilities may be allowed only upon a finding that sufficient air conditioning and soundproofing will be provided to effectively confine odors and noise so as not to interfere with the public health, safety and welfare of adjoining properties. No outside pens or runs shall be permitted.
3. 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 including the Bay Area Air Quality Management District (BAAQMD), Regional Water Quality Control Board, and the County of Alameda Department of Environmental Health.
4. Outdoor Activity. No outdoor storage or activity shall occur except that up to three dogs may be taken for walks by any individual staff person. Dogs shall remained leashed at all times consistent with AMC Section 7.3.8. Animal waste shall be promptly picked up and properly disposed of.
5. 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.
6. 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.
7. Hours of Operation. Approved hours of operation are 7:00 a.m. to 10 p.m., seven days a week. Expansion of these hours shall require the approval of a modification to this use permit.
8. Bicycle Parking. Applicant shall provide a minimum of two (2) short term and two (2) long term bicycle parking spaces. Bicycle parking rack location(s) and types shall comply with Alameda Municipal Code (AMC) 30-7.6 and City of Alameda Bicycle Facility Design Standards and final bicycle parking plan shall be approved by the Planning Director.
9. Overnight Boarding. Overnight boarding of animals is prohibited.
10. Odor Mitigation. Prior to issuance of a Certificate of Occupancy the applicant shall, under valid building permits, have installed a HVAC system that will eliminate off-site odor impacts.
11. Noise Mitigation. Prior to issuance of a Certificate of Occupancy the applicant shall, under valid building permits, have sound proofing measures installed within the business to ensure no off-site noise impacts.
12. Vesting. The Use Permit approval shall expire two (2) years after the date of approval (August 5, 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.
13. 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.
14. 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 project is categorically exempt pursuant to CEQA Guidelines Section 15301 - Existing Facilities, and Section 15332 - Infill Development, including minor modifications and change of use. There are no unusual circumstances that would preclude the use of these exemptions.
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: August 5, 2024