Title
PLN24-0339 - Administrative Use Permit - 1400 Webster Street - Applicant: Christine Pelayo. A public hearing to consider an Administrative Use Permit to allow the establishment of an approximately 239-square-foot beauty salon located on the third floor of an existing commercial building in the Webster Street Community Commercial District pursuant to AMC 30-4.9A.c.1.v.
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CITY OF ALAMEDA
PLANNING, BUILDING & TRANSPORTATION DEPARTMENT
ADMINISTRATIVE USE PERMIT
ITEM NO: 3-B
PROJECT DESCRIPTION:
PLN24-0339 - Administrative Use Permit - 1400 Webster Street - Applicant: Christine Pelayo. A public hearing to consider an Administrative Use Permit to allow the establishment of an approximately 239-square-foot beauty salon located on the third floor of an existing commercial building in the Webster Street Community Commercial District pursuant to AMC 30-4.9A.c.1.v.
GENERAL PLAN: Community Mixed Use
ZONING: C-C, Community Commercial District
ENVIRONMENTAL 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: Henry Dong, Planner III
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 project with conditions.
PROPOSAL SUMMARY:
The applicant is requesting a Use Permit to allow a beauty shop located on the third floor of an existing commercial building. The proposed use will occupy an approximately 239 square foot commercial unit and provide eyelash extension and other beauty services. Hours of operation will be during standard business hours between 9:00 AM to 5:00 PM Monday through Friday. Other tenants in the building include a restaurant and office uses on the ground floor, residential units on the second floor, and office units on the third level. The proposed beauty salon layout will include a waiting area, a sink and two workstations to perform eyelash treatments with ancillary cabinets for storage. The facility will be operated by the owner and have approximately six customers per day. No exterior changes or modifications are proposed to the building. See Attachment 1: Floor Plan.
The site is zoned to allow beauty salon 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 Community Commercial zoning district, which permits beauty salons with a Use Permit. The Community Commercial district emphasizes a variety of retail, restaurants, and personal services serving the Alameda community. The proposed use will provide customers with eyelash extension personal services which is consistent with the C-C District. The surrounding properties to the south and the east include commercial uses. Properties to the north and west include commercial and office uses. The subject building includes commercial, residential and office uses. As conditioned, the use will comply with the operational standards for the CC-District, and the small beauty salon operation provides a low-intensity commercial use that transitions well with the existing uses in the building and the surrounding area. No new structures or changes to the exterior of the existing 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 Webster with readily available pedestrian access by sidewalks and crosswalks. The property is already served by adequate transportation and service facilities. The small beauty salon anticipates approximately 6 customers per day and will not significantly generate additional traffic or service requirements. The project is located within the transit and pedestrian oriented area of the Webster Street business district, which is served by AC Transit bus routes O, W, 20, 51A, 314, and 851. The building also has 4 short term bicycle parking spaces located along the sidewalk. 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 beauty salon will not negatively affect the properties in the surrounding area. The project provides a low-intensity commercial use that will be compatible with the adjacent commercial, residential and office uses along Webster Street. The proposal will complement other business services in the surrounding area. Furthermore, the hours of operation are within the standard business hours in the C-C District which is from 7:00 AM to 10:00 PM. 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 Community Mixed Use which permits a wide variety of commercial uses. The proposal is 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 LU-17 encourages “reuse of existing structures to retain the structures embodied energy and reduce the generation of waste.” The proposed beauty salon provides eyelash extension services for the local community within an existing commercial building. Therefore, the project relates favorably to the General Plan.
CONDITIONS:
1. Approved Uses: The Use Permit approves, with conditions, a beauty salon use that includes eyelash extension and other beauty salon services.
2. 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.
3. 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.
4. 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.
5. Hours of Operation: The hours of operation shall be limited to the standard business hours of the Community Commercial District which is between 7:00 AM to 10:00 PM.
6. Vesting. The Use Permit approval shall expire two (2) years after the date of approval (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 shall be subject to ministerial approval by the Planning Director and must be filed prior to the date of expiration.
7. 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.
8. 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 19, 2024
Steve Buckley, Zoning Administrator