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PLN24-0238 - Administrative Use Permit - 2333 Clement Avenue - Applicant: Imelda Layug. A public hearing to consider an Administrative Use Permit to allow a retail consignment store within the North Park Street District - Workplace sub-district. Pursuant to Alameda Municipal Code Sec. 30-4.25(e)(i) retail uses may be permitted in the Workplace sub-district subject to use permit approval.
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CITY OF ALAMEDA
PLANNING, BUILDING AND TRANSPORTATION DEPARTMENT
ADMINISTRATIVE USE PERMIT
ITEM NO: 3-C
PROJECT DESCRIPTION:
PLN24-0238 - Administrative Use Permit - 2333 Clement Avenue - Applicant: Imelda Layug. A public hearing to consider an Administrative Use Permit to allow a retail consignment store within the North Park Street District - Workplace sub-district. Pursuant to Alameda Municipal Code Sec. 30-4.25(e)(i) retail uses may be permitted in the Workplace sub-district subject to use permit approval.
GENERAL PLAN: Community Commercial
ZONING: NP-W, North Park Street District, Workplace sub-district
ENVIRONMENTAL
DETERMINATION: The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 - Existing Facilities.
PROJECT PLANNER: Tristan Suire, Planner II
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 Use Permit with conditions.
PROPOSAL SUMMARY: The project site is located at 2333 Clement Avenue, a developed, 7,250-square-foot parcel generally in the northeast quadrant of the City. The applicant proposes to re-establish commercial use in the existing two-story transitional colonial revival modified for street level commercial use and second level residential use. Pursuant to Alameda Municipal Code (AMC) Section 30-4.25(e)(i) retail uses may be permitted in the North Park Street District - Workplace sub-district subject to use permit approval.
The existing structure was originally built in 1910 and is listed in the 1941 Sanborn Fire Insurance Maps as a “candy facty”, likely meaning used for the production of candy products. At some point in the past the use changed from food products manufacturing to residential and commercial mixed use, most recently functioning as a children’s gymnastics facility, “Ruby’s Tumbling”, as well as containing three residential units. The building has approximately 5,300 square feet of floor area, is located on the front property line at grade, and has two separate entrances for commercial and residential uses. There are no other structures on the parcel. The commercial floor plan is typical of a retail commercial space, with a recessed entry, large street-facing display windows, large open floor area, storage areas to the rear, and a small restroom. Overall, the building is well suited to function as a commercial property, and the proposed retail use would have nominal impacts to residents of the building compared to other uses permitted in the district. The tenant improvements proposed to facilitate the retail use are primarily designed to upgrade accessibility features, and are all interior improvements, with no changes proposed to the exterior.
The consignment retail use is distinguished from other retail uses by the presence of new and used merchandise available for purchase. The applicant has indicated that donations will not be accepted, and there will be no drop-off or staging area to facilitate donations. Customers would be able to view products in the floor area by appointment only, Monday through Friday from 9:00 AM to 7:00 PM. The applicant has indicated that they will be the only employee on-site to start, with the possibility of an additional employee in the future. The applicant has indicated that they’ve spoken with the property owner about using the private parking lot directly east of the subject property for supplemental parking if necessary.
Surrounding land uses include the offices of Alameda Family Services to the west, the Park Street Tavern to the east, Blanding Auto Repair to the north and an impounded car lot to the south.
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 retail commercial use is compatible with the other land uses in the North Park Street District - Workplace sub-district and the surrounding neighborhood area. Clement Avenue west of Park Street is a mixed-use area with non-profit family services, software company offices, auto repair shops, and residential uses all in the immediate vicinity. The building on the subject property has the defining architectural characteristics of a commercial mixed-use building, and the proposed retail use will be operationally harmonious with the surrounding land uses. No exterior changes are proposed as part of the tenant improvements.
2. The proposed use will be served by adequate transportation and service facilities, including pedestrian, bicycle and transit facilities.
The existing establishment is already served by adequate transportation and service facilities. The property is located on Clement Avenue, a Neighborhood Connector Street near the intersection with Park Street, a Gateway Street, served by AC Transit Lines 19, 20, 21 and OX. The site has parking stalls located to the rear of the building which are intended to primarily serve employees and residents. There is ample unmetered, two-hour public parking available on Clement Avenue.
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.
Permitting a new retail commercial use, as conditioned, will not adversely affect other property in the vicinity. The building has vacant commercial space on the first floor, and the proposed use would be situated between the neighboring Park Street Tavern and Alameda Family Services, as well as being across the street from an impound lot. Existing businesses will not be adversely affected by the presence of a new retail shop in the vicinity, and may even benefit from the increased foot traffic, given that the proposed hours of operation are largely concurrent with the operating hours of surrounding businesses.
4. The proposed use relates favorably to the General Plan.
The site is designated Community Mixed-Use in the Alameda 2040 General Plan which permits a wide range of community serving commercial and residential uses. Policy LU-10 in the Land Use Element of the General Plan notes that the function of the Park and Webster “Main Streets” is to provide a broad mix of retail stores, restaurants, entertainment, hospitality, personal and professional services, and transit oriented mixed use housing opportunities.
1. Compliance with Plans. Any modification on this site shall be in substantial compliance with the use permit application submittal dated May 7th, 2024, by Imelda C. Layug, on file in the City of Alameda Planning 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 Department for review and approval.
3. Donations and Outdoor Storage: The property shall be kept in a clean and orderly condition. No outdoor uses including outdoor storage, dumping, staging, donation drop-off, or other unattended outdoor operations associated with the use are allowed. Site maintenance of the parking lot and street frontages shall be the responsibility of the business owner to ensure the property is kept in an orderly condition free of any outdoor storage or trash.
4. Vesting: The Use Permit approval shall expire two (2) years after the date of approval or by August 19, 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 will be subject to approval by the Zoning Administrator and must be filed prior to the date of expiration.
5. 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.
6. 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 15301 - Existing Facilities because the project consists of permitting operations or leasing of existing private structures involving negligible or no expansion of use beyond that which exists.
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 19, 2024_
Steven Buckley, Zoning Administrator