Title
PLN24-0189 - Administrative Use Permit - 2520 Blanding Avenue - Applicant: Apparatus Architecture. A public hearing to consider an Administrative Use Permit to expand an existing six-foot-tall nonresidential fence along the frontage of Blanding Avenue and construct an automatic sliding gate. Pursuant to Alameda Municipal Code 30-5.14 fences on nonresidential properties may be permitted subject to use permit approval.
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CITY OF ALAMEDA
PLANNING, BUILDING & TRANSPORTATION DEPARTMENT
ADMINISTRATIVE USE PERMIT
ITEM NO: 3-A
PROJECT
DESCRIPTION: PLN24-0189 - Administrative Use Permit - 2520 Blanding Avenue - Applicant: Apparatus Architecture. A public hearing to consider an Administrative Use Permit to expand an existing six-foot-tall nonresidential fence along the frontage of Blanding Avenue and construct an automatic sliding gate. Pursuant to Alameda Municipal Code 30-5.14 fences on nonresidential properties may be permitted subject to use permit approval.
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GENERAL PLAN: Community - Mixed Use
ZONING: NP-WD, North Park Street - Workplace District
ENVIRONMENTAL
DETERMINATION: Categorically Exempt from State CEQA Guidelines Section 15303 - New construction of small structures.
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 project is located on an approximately 9000-square-foot site near the intersection of Blanding Avenue and Broadway at 2520 Blanding Avenue. The site currently contains an existing work live unit and commercial uses. The applicant is proposing to expand an existing legal nonconforming wrought iron fence up to the street frontage of Blanding Avenue. The new fence would also include an automatic sliding gate to allow vehicles onto the site. The proposed fence will provide security for the site and deter unauthorized entry and dumping on the property. The proposed new fence is compatible with the existing fence on the site and proposes a similar alignment with fences that have been constructed on nearby properties along Blanding Avenue. Staff is recommending conditional approval of the administrative use permit as outlined below.
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 site is an existing commercial property with an existing iron fence located within the industrial portion of the North Park Street workplace district. Adjacent properties to the site located along Blanding Avenue also include commercial uses. The proposed fence expansion design is compatible with the existing black iron fence on the site, and the proposed expansion provides a similar alignment along Blanding Avenue as other fences in the adjacent neighborhood. The proposed fencing is required to secure the site and to prevent unauthorized entry and illegal dumping. The black iron fence is made of materials and elements that make the fencing more attractive than chain link fences found in the neighborhood.
2. The proposed use will be served by adequate transportation and service facilities, including pedestrian, bicycle and transit facilities.
The site contains existing commercial buildings located within the North Park Street Workplace District that are served by adequate transportation and service facilities, including pedestrian, bicycle and transit facilities. The AC Transit stop located at the corner of Blanding Avenue and Broadway is served by line 19, 51A, and 851. In addition, the surrounding area contains pedestrian and bicycle paths. Furthermore, the proposed fence expansion will not increase the demand for transportation and service 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 fencing is made of wrought iron bars, which are entirely see-through and will not cause visibility issues for the neighboring commercial uses. There are no significant public health and safety risks associated with the fence improvement and the project as conditioned will comply with fire and life safety codes. The fencing will not adversely affect properties in the vicinity and will not have substantial deleterious effects on existing businesses or the local economy. Securing the site with the fence will prevent adverse effects to adjacent persons and property by preventing unauthorized entry, dumping, and blight.
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 and the existing commercial/work live use is consistent with this land use designation. Furthermore, General Plan Guiding Policy LU-2 the encourages “small employment and business opportunities such home occupations, live work, and cottage businesses in all residential and mixed-use zoning districts to reduce commute hour traffic and associated greenhouse gas emissions. The proposed fence expansion provides security for the work live and commercial use on the site and therefore is consistent with General Plan Guiding Policy CC-11 which states to “support and encourage ‘work-live’ developments in commercial zoning districts.”
1. Compliance with Plans. Any modification on this site shall be in substantial compliance with the use permit application submittal dated April 17, 2024, by Apparatus Architecture, on file in the City of Alameda Planning, Building, and Transportation 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, Building and Transportation Department for review and approval.
3. Vesting: The Use Permit approval shall expire two (2) years after the date of approval or by May 20, 2024 unless authorized substantial construction 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.
4. Emergency Vehicle Access: Prior to issuance of building permits, the applicant shall work with the Fire Department to meet fire code requirements including but not limited to installing knox switches or a knox box on the access gates where required.
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 3 Categorical Exemption and no additional environmental review is necessary pursuant to CEQA Guidelines Section 15303 - New construction of small structures, including accessory structures such as fences.
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: May 20, 2024___