Title
PLN25-0464 - Administrative Use Permit - 1323 Central Avenue - Applicant: Village Voyagers. A public hearing to consider an Administrative Use Permit to allow the establishment of an approximately 1,000 square foot afterschool program located within an existing church building
Body
CITY OF ALAMEDA
PLANNING, BUILDING AND TRANSPORTATION DEPARTMENT
ZONING ADMINISTRATOR
ADMINISTRATIVE USE PERMIT
PROJECT
DESCRIPTION: PLN25-0464 - Administrative Use Permit - 1323 Central Avenue - Applicant: Village Voyagers. A public hearing to consider an Administrative Use Permit to allow the establishment of an approximately 1,000 square foot afterschool program located within an existing church building.
GENERAL PLAN: Medium Density Residential
ZONING: R-4 Residential District
ENVIRONMENTAL
DETERMINATION: The project is categorically exempt from environmental review pursuant to CEQA Guidelines Section 15301 - Existing Facilities. No physical changes are proposed to the site.
PROJECT PLANNER: Henry Dong, Planner III
PUBLIC NOTICE: A notice was mailed to property owners and residents within 300 feet of the site, published in the local newspaper of general circulation and posted in public areas near the subject property. Staff have not received any public comments.
EXHIBIT(S): 1. Plans
RECOMMENDATION: Approve the project with conditions.
PROJECT SUMMARY:
The project site contains the existing Trinity Lutheran Church within an approximately 10,400 square foot property located at 1323 Central Avenue. The applicant is requesting a Use Permit to allow the establishment of an approximately 1,000 square foot afterschool program within two classrooms and an office that were previously used for music lessons in the church building. The afterschool program will replace the music lesson use, and the remaining portions of the building will be used by the church operations. Hours of operation will be during standard business hours between 3:30 PM to 5:30 PM Monday, Tuesday, Thursday, Friday, and 12:30 PM - 5:00 PM on Wednesday. The facility will have approximately 3 employees and a maximum of 26 students per day between the ages of 6 - 9 years old. Staff will pick up students at Franklin Elementary School after school and walk with the students to the facility. Parents will pick up children at the designated entrance located on Morton Street. No exterior changes or modifications are proposed to the building.
The site is zoned to allow afterschool program 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.
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 building is located within the R-4, Residential zoning district, which permits school uses with a Use Permit. The proposed afterschool program will provide education and afterschool services for the local community and is compatible with the existing church use and the surrounding area. The surrounding properties to the north, west and east are within the R-4 District and include residential uses. The properties to the south are within the R-4 District and include residential homes and an existing gas station and auto repair shop. The proposed afterschool operation replaces an existing music lesson use and provides a low-intensity school use that transitions well between the existing residential uses and the existing church in the surrounding area. The project will focus pick-up for students on Morton Street, with about 150 feet of curb frontage and Central Avenue, with about 100 feet of curb frontage, to minimize impacts to the neighborhood. Staff will also walk students to the site from local schools in the area which minimizes vehicle trips to the site. No new structures or changes to the exterior of the building are proposed as part of the project. 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 at the corner of Central Avenue and Morton Street which has readily available pedestrian access by existing sidewalks and crosswalks. The property is already served by adequate transportation and service facilities. The afterschool program anticipates a maximum of 26 students per day which will not significantly generate additional traffic or service requirements. Students will arrive to the facility by walking from the nearby elementary school. The project is located near the corner of Central Avenue and Sherman Street which is served by AC Transit bus route 631. The facility also includes 5 short term bicycle parking spaces for customers and employees to park their bikes. 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 afterschool program will provide local residents with accessible afterschool services and will not have a significant impact on the properties in the surrounding area. The proposed afterschool program replaces an existing music lesson use within the existing church and provides a low-intensity afterschool use that transitions well between the existing use and residential uses in the surrounding area. Additionally, staff will walk students from nearby schools to the facility and a pick-up area will be established for parents on Morton Street. These measures minimize impacts to Central Avenue the primary street in front of the property. Furthermore, the hours of operation are during standard business hours between 3:30 PM to 5:30 PM Monday, Tuesday, Thursday, Friday, and 12:30 PM - 5:00 PM on Wednesday. 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 Medium Density Residential which permits single-family and multi-family residential buildings, as well as childcare, schools, and religious institutions. The project is consistent with General Plan Policy LU-2(a) which states the City should provide equitable and safe access to schools and childcare facilities. The proposal is also consistent with General Plan Policy LU-9 which encourages “the development of a broad range of commercial businesses and services in Alameda to provide for the diverse needs of the Alameda community and reduce the need to travel off-island to acquire goods and services.” The project also is consistent with General Plan Guiding Policy ME-6 Safe Routes to Schools which encourages collaboration with schools to identify needed educational and encouragement programs to provide safety of students walking to school. Staff from the afterschool program provide safe routes by walking with students to the facility from the nearby elementary schools. Therefore, the project relates favorably to the General Plan.
1. Approved Uses: The Use Permit approves, with conditions, an afterschool program use with a maximum of 26 students at any time during the day located within the existing church building.
2. Building Permit Conditions: These conditions shall be printed on all building plans and improvement plans.
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.
4. 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.
5. Changes to Approved Plans: This approval does not represent recognition and/or approval of any work completed without required City permits. Any additional exterior changes shall be submitted to the Planning, Building, and Transportation Department for review and approval prior to use or construction.
6. Change in Occupancy. The applicant shall submit a full set of plans to the Building Division for the proposed change of occupancy and the project shall comply with all the applicable codes.
7. Vesting: The Use Permit approval shall expire two (2) years after the date of approval or by October 6, 2027, unless authorized construction or use of the property, as stated under this Use Permit, 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.
8. Revocation: This Use Permit may be modified or revoked by the Planning Board, pursuant to AMC Section 30-21.3 following a public hearing, if the Planning Board determines 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.
9. Hold Harmless: 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.
Notice. No judicial proceedings subject to review pursuant to California Code of Civil Procedure Section 1094.5 may be prosecuted more than ninety (90) days following the date of this decision plus extensions authorized by California Code of Civil Procedure Section 1094.6.
Notice. The conditions of project approval set forth herein include certain fees and other exactions. Pursuant to Government Code section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations and exactions. The Applicant is hereby further notified that the 90-day appeal period, in which the Applicant may protest these fees and other exactions, pursuant to Government Code section 66020(a) has begun. If the Applicant fails to file a protest within this 90-day period complying with all requirements of section 66020, the Applicant will be legally barred from later challenging such fees or exactions.