Title
WITHDRAWN - Public Hearing to Consider an Appeal of the Planning Board’s Approval of Use Permit Amendment No. PLN24-0094 to Allow Additional Operating Hours for the Existing Legal Non-Conforming Gas Station Located at 1310 Central Avenue, as well as Sale of Packaged Foods and Non-alcoholic Beverages in the Existing Store; and
Adoption of Resolution Upholding the Planning Board’s Approval of Use Permit Amendment PLN24-0094 to Allow Additional Operating Hours for the Existing Legal Non-Conforming Gas Station Located At 1310 Central Avenue, as Well as Sales of Packaged Foods and Non-Alcoholic Beverages in the Existing Store.
This project is categorically exempt from additional environmental review pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15301 - Existing Facilities. (Planning, Building and Transportation 20962710) [Will not be heard on July 15, 2025]
Body
To: Honorable Mayor and Members of the City Council
From: Jennifer Ott, City Manager
EXECUTIVE SUMMARY
On June 9, 2025, the Planning Board held a public hearing and approved Use Permit Amendment No. PLN24-0094 to allow additional operating hours for the existing legal non-conforming gas station as well as sale of packaged foods and non-alcoholic beverages in the existing store (Exhibit 1). The gas station’s existing hours are Monday through Friday from 7:00 A.M. to 8:00 P.M. and Saturday from 9:00 A.M. to 4:00 P.M. The gas station’s proposed hours are Monday through Friday from 6:00 A.M. to 10:00 P.M., and Saturday and Sunday from 7:00 A.M. to 8:00 p.m. No change to the operating hours for auto repair services are proposed as part of this application.
On June 17, 2025, Leland Price filed an appeal of the Planning Board’s decision (Exhibit 2). Alameda Municipal Code (AMC) Section 30-25 provides the City Council review of the Planning Board’s decision de novo. This means that the City Council may consider the introduction of all pertinent material, including all documents reviewed by the Planning Board as well as newly submitted evidence. The required use permit findings are set forth in AMC Section 30-21.3 and a proposed resolution is attached to this report. The City Council may reverse or affirm, in whole or in part, or may modify the decision of the Planning Board.
Staff believes the Planning Board had accurate and complete information needed when approving the Use Permit Amendment. The Board properly found that the project as conditioned is consistent with the General Plan and has been a compatible part of the neighborhood for at least 75 years. The gas station is a small business that operates as a Mobil franchise. The business and customers will benefit from additional operating hours and by selling a broader mix of products in the small existing store. The Planning Board addressed neighborhood concerns about increased evening noise and loitering by limiting use of audio advertising at pump stations and reasoning that outdoor lighting and staffing would deter loitering. Staff recommend City Council uphold the Planning Board’s approval of Use Permit PLN24-0094.
BACKGROUND
Site History
The existing gas station and auto repair facility at 1310 Central Avenue have operated continuously at the location for at least 75 years. Zoning records from 1958 show the site was originally zoned Commercial District. The station was operated in compliance with land use regulations at that time with no limitation on hours.
In 1974, the property was rezoned to R-4 (residential), which allows a range of residential uses as well as institutional uses such as schools, community assembly, libraries, and daycares but not gas stations, and therefore, the gas station became a legal non-conforming (grandfathered) use. The current General Plan land use designation for the property is Medium-Density Residential, which supports a wide variety of housing types and some non-residential institutional and administrative uses.
In 1981, the Planning Board approved Use Permit UP-81-6 to reinstate auto repair use on the site. The first limitation on hours for the gas station was introduced in 1992 in exchange for allowing certain additional types of auto repair services.
In 1992 and up until 2012, numerous Use Permit amendments, extensions and renewals were approved, often under appeal to the City Council, sometimes slightly amending the mix of products and services and hours of operation attempting to balance business desires with concerns of some of the neighborhood residents.
In 2012, the Zoning Administrator approved Use Permit PB-12-11 to allow the gas station to operate 7:00 AM to 8:00 PM Monday through Friday and Saturday from 9:00 AM to 4:00 PM. Sales of non-automotive goods are currently prohibited onsite. The auto repair business is permitted to operate Monday through Friday from 9:00 AM to 6:00 PM and Saturday from 9:00 AM to 4:00 PM. The gas station and the auto repair use function as separate businesses, with separate operators.
Legal Non-conforming Uses in the AMC
AMC Section 30-20 governs nonconforming buildings and uses. AMC 30-20.2 states that if no structural alterations are made, a nonconforming use of a building may, upon approval of a use permit be changed to another nonconforming use of the same or more restricted use classification. No change in use classification is proposed, only modification to the use permit conditions of approval. Applicant’s sales data shows a significant decline in gallons of fuel sold annually since 2018. Some possible factors contributing to this decline include: more fuel efficient vehicles such as hybrids, electric vehicles, and the rise of remote work. Given the long term trends of lower annual fuel sales, the proposed additional hours of operation for the gas station will keep the intensity of the nonconforming use in line with its historic use.
Current Use Permit Amendment
On February 27, 2024, the applicant made an application to modify the conditions of Use Permit PB-12-11 to allow additional operating hours and sales of a broader mix of convenience items in the small store at the existing Mobil gas station located at 1310 Central Avenue. After hearing a mix of support and concerns from the public, the Planning Board approved the Use Permit modification by a vote of 5-1. To address noise concerns, the Planning Board included a condition prohibiting outdoor pump station audio advertising. (See Condition 16.)
Use Permit Standards
AMC Section 30-21.3 provides the standards for the issuance or modification of use permits. In general, use permits may be issued or modified upon the following 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.
2. The proposed use will be 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.
4. The proposed use relates favorably to the General Plan.
AMC Section 30-21.3 further permits the Planning Board and the City Council to impose additional standards “in order to correlate the proposed use to other property, uses and intensities in the vicinity.” Finally, the Board and the Council may impose conditions with any use permit approval.
The Planning Board and the City Council retain significant discretion in making the above findings and imposing appropriate conditions of approval.
Appeal Process - Alameda Municipal Code (AMC) Section 30-25
AMC Section 30-25 provides that any decision of the Planning Board may be appealed to the City Council by any person aggrieved or affected by any decision, determination or requirement. Appeals must be scheduled for a public hearing and decision by the City Council no later than the third regularly schedule and held meeting following submittal of the appeal. The July 15, 2025 public hearing date is the third regularly scheduled City Council meeting following the appeal.
The City Council reviews the Planning Board’s decision de novo. This means that the City Council may consider the introduction of all pertinent material, including all documents reviewed by the Planning Board as well as newly introduced materials. The required use permit findings are set forth in AMC Section 30-21.3 and a proposed resolution is attached to this report.
At the hearing, any party or person may appear in person or by agent or attorney to provide testimony. City Council may reverse or affirm, in whole or in part, or may modify the decision of the Planning Board.
DISCUSSION
In approving the Use Permit Amendment, the Planning Board found that the gas station has a difficult time competing with other gas stations in Alameda that have extended hours of operation and full convenience stores with food, beverage, alcohol and tobacco sales. Four of the nine other gas stations on the main island operate 24/7 and the rest until at least 11:00 P.M. daily. Allowing additional hours of operation and the sale of packaged food and drinks while continuing to prohibit the sale of alcohol and tobacco products can help the business compete under more equitable conditions with other gas stations. In addition, properties with gas stations that cease operations face significant challenges in finding successful new uses. Two such properties on Oak Street have been vacant and blighted for decades because of the challenging remediation and other regulatory challenges former gas station sites face to be redeveloped.
Appeal Arguments
The remainder of this report summarizes the arguments made in the appeal, followed by staff’s response.
Appeal Argument #1 - Previous Violations. The appeal states the Planning Board was not aware the gas station previously left pumps on overnight unattended and that these violations should be disqualifying.
Staff Response. The Planning Board staff report highlighted the two verified instances in the last five years of the fuel pumps being left on after the permitted hours, enabling credit card purchases of fuel while the gas station is ostensibly closed and unattended. The most recent violation occurred in April 2024 while the current use permit application was under review by City of Alameda (City) staff. Applicant represents that these instances occur when the gas station attendant forgets to turn off the pumps when leaving at the end of the day. Staff and the applicant agreed to delay action on the use permit application until the applicant successfully demonstrated ability to abide by all existing conditions of approval. Applicant complied with permit regulations for one year and staff was satisfied it would continue to do so. Future violations of the Use Permit would subject the applicant to having the Use Permit modified or revoked pursuant to AMC Section 30-21.3d.
Appeal Argument #2 - Incorrect Information. The appeal states the Planning Board was presented with the wrong current operating hours which caused confusion.
Staff Response. While the proposed hours of operation in the Planning Board staff report were correct, the report contained a typo implying the current Monday through Friday closing time was 4pm instead of 8pm. The exhibits, including the existing and proposed Use Permit resolutions, reflected the correct times. Staff verbally highlighted and corrected the error during the staff presentation to ensure the Planning Board had accurate information. During deliberations, staff reiterated the existing and proposed hours of operation. The Planning Board had accurate information when it voted to approve the application. A table summarizing the existing and proposed hours of operation and goods sold is available here:
Appeal Argument #3 - Church Parking. The appeal states that the gas station is closed on Sundays in order to allow the nearby church to use the gas station property as parking for churchgoers.
Staff Response. The informal arrangement allowing church parking on Sundays is not a condition of the existing Use Permit. Because the primary source of noise comes from the auto repair use rather than routine gas station operations, and given the lower volume of overall fuel sales, staff does not believe current conditions support prohibiting fuel sales on Sundays. The Use Permit does not authorize any expansion of the auto repair hours, which are the main source of noise, and it continues to prohibit auto repairs on Sundays.
Appeal Argument #4 - Light Pollution. The appeal states that light pollution from the extended hours of operation would impact the neighborhood and the Planning Board did not consider this issue or take action to limit this potential impact.
Staff Response. The appellant gave public comment during the public hearing about light pollution which the Planning Board heard and was able to consider when evaluating the application. The Planning Board also noted that the lighting helped address neighbors’ concerns about possible nighttime loitering. Otherwise, there are no proposed changes to the gas station lighting, and the gas station is subject to the City’s Dark Skies Ordinance.
Appeal Argument #5 - General Plan Conformance. The appeal states that the Planning Board decision is inconsistent with the General Plan’s themes of environment and preservation of Alameda’s neighborhood character and the Use Permit modification will harm the environment and the historic character of the neighborhood.
Staff Response. No physical changes are proposed as part of the project. The gas station has been part of the neighborhood for at least 75 years. As outlined in the Climate Impact section below, the project is unlikely to have any environmental or climate impact and may result in a marginal reduction in vehicle miles travelled. General Plan Land Use Element action LU-5a calls for “Permit(ing) continuation and re-investment in existing, small, legal nonconforming neighborhood-serving commercial uses in commercial buildings that predate the zoning code.” Approving the use permit modification will support Goal 2 of the Land Use Element to “strengthen and diversify the Alameda business community and economy.” The proposed use is consistent with the General Plan.
Appeal Argument #6 - ExxonMobil. The appeal states that declining revenues are not a valid reason to allow additional hours and sales of convenience items because ExxonMobil had $300 billion last year.
Staff Response. The gas station is a franchise and operates independently as a small, local business. Staff’s recommendation, and the Planning Board’s approval, was based on a number of reasons. The City’s primary concern from a land use perspective is to ensure compatibility with surrounding uses and that former gas station sites are difficult to redevelop due to costly environmental cleanup and strict regulatory requirements. As a result, these properties often remain vacant or underutilized. Therefore, staff believes it is in the City’s best interest to support the continued operation of the gas station, provided that any adverse effects from its use can be addressed, in order to avoid the risk of vacancy and blight. Supporting small local businesses responsive to customer demands is also consistent with the Land Use Element.
Appeal Argument #7 - EV Transition. The appeal states that the transition to electric vehicles will inevitably result in failing, abandoned gas stations and delaying that reality via this Use Permit modification will result in a blight to the neighborhood in the meantime.
Staff Response. The gas station is and has been part of the neighborhood for over 75 years. One reason staff and the Planning Board supported the application was to avoid the blight often associated with abandoned gas stations. The City can support the present-day viability of the existing business with the reasonable modifications to the Use Permit, in line with the General Plan and zoning regulations. Staff acknowledges concerns that the long-term transition to electric vehicles may eventually reduce demand for traditional gas stations, potentially resulting in closures or underused properties. However, staff believes restricting existing businesses without viable alternatives for redevelopment in place would increase the near-term risk of vacancy and neighborhood decline. Given the current regulatory and environmental challenges associated with redeveloping former gas station sites, staff believes it is more prudent to support the ongoing viability of this business, provided that operational concerns can be managed.
Conclusion
The Planning Board had the necessary information to consider the Use Permit Amendment application, thoughtfully considered public testimony and approved the application with amendments to ensure the project’s continued compatibility with the General Plan and surrounding neighborhood. Therefore, staff recommend City Council uphold the Planning Board’s approval of Use Permit PLN24-0094.
ALTERNATIVES
• Affirm, in whole, the decision of the Planning Board
• Affirm in part, or otherwise modify, the decision of the Planning Board such as a different set of allowable operating hours which City Council might feel preserves compatibility with the surrounding neighborhood.
• Reverse the decision of the Planning Board.
FINANCIAL IMPACT
Increased sales due to additional operating hours and a broader range of convenience goods available may have a negligible effect on sales tax revenues.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
Approving this use is consistent with Alameda General Plan Land Use Element goals and policies. Land Use Element action LU-5a calls for “Permit(ing) continuation and re-investment in existing, small, legal nonconforming neighborhood-serving commercial uses in commercial buildings that predate the zoning code.” Approving the use permit modification will support Goal 2 of the Land Use Element to “strengthen and diversify the Alameda business community and economy.
This action is subject to the Levine Act.
ENVIRONMENTAL REVIEW
This project categorically exempt from environmental review pursuant to CEQA Guidelines Sections 15301 - Existing Facilities, none of the exceptions to the categorical exemption apply.
CLIMATE IMPACT
Approval of this Use Permit is not expected to have an impact on the climate. Additional fuel sold at this location in response to additional operating hours would likely be purchased at other local gas stations. Some potential reductions in Vehicle Miles Travelled may occur from customers not having to drive as far to fill their gas tanks or purchase convenience items.
RECOMMENDATION
Hold a public hearing to consider an appeal of the Planning Board’s approval of Use Permit Amendment No. PLN24-0094 to allow additional operating hours for the existing legal non-conforming gas station located at 1310 Central Avenue, as well as sale of packaged foods and non-alcoholic beverages in the existing store; and
Adopt a resolution upholding the Planning Board’s approval of Use Permit Amendment PLN24-0094 to allow additional operating hours for the existing legal non-conforming gas station located at 1310 Central Avenue, as well as sales of packaged foods and non-alcoholic beverages in the existing store.
Respectfully submitted,
Allen Tai, Planning, Building and Transportation Director
By,
Steven Buckley, Planning Services Manager
Brian McGuire, Planner II
Financial Impact section reviewed,
Ross McCarthy, Finance Director
Exhibits:
1. Planning Board Resolution PB-25-03
2. Appeal
3. Existing Use Permit PB-12-11