File #: 2024-4284   
Type: ZA Hearing Item
Body: Zoning Administrator Hearing
On agenda: 8/19/2024
Title: PLN24-0280 - Administrative Use Permit - 3100 Central Avenue - Applicant: Malyka Chop. A public hearing to consider an Administrative Use Permit to allow the establishment of an approximately 2,600-square-foot preschool located within a former church building pursuant to AMC 30-4.1.c.1.
Attachments: 1. Exhibit 1 PROJECT PLANS, 2. Exhibit 2 Public Comment 8-21-24

Title

 

PLN24-0280 - Administrative Use Permit - 3100 Central Avenue - Applicant: Malyka Chop. A public hearing to consider an Administrative Use Permit to allow the establishment of an approximately 2,600-square-foot preschool located within a former church building pursuant to AMC 30-4.1.c.1.

 

Body

 

CITY OF ALAMEDA

PLANNING, BUILDING & TRANSPORTATION DEPARTMENT

 

ADMINISTRATIVE USE PERMIT

 

ITEM NO:  3-A

 

PROJECT DESCRIPTION:                     

PLN24-0280 - Administrative Use Permit - 3100 Central Avenue - Applicant: Malyka Chop. A public hearing to consider an Administrative Use Permit to allow the establishment of an approximately 2,600-square-foot preschool located within a former church building pursuant to AMC 30-4.1.c.1.

 

GENERAL PLAN:                     Low Density Residential

ZONING:                      R-1, Residential District

ENVIRONMENTAL

DETERMINATION:                     ENVIRONMENTAL REVIEW

CEQA 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 preschool located within an existing 2,600 square foot building that was formerly used as a church and daycare. The proposed use will occupy the entire building and provide 6 classrooms that will be used for the preschool and afterschool program. The facility will also include an outdoor play area that will be surrounded by an approximately 5-foot-tall fence. Hours of operation will be during standard business hours between 7:00 AM to 6:00 PM Monday through Friday. The facility will have approximately 20 employees split among two shifts, and approximately 100 students per day spread out among morning and afternoon sessions. Parents will drop off and pick up children at a designated entrance located on Fountain Street. The preschool will provide a morning drop off window from 7:00 AM to 9:00 AM. There will also be an afternoon drop off from 12:00 PM to 3:30 PM which will include school teachers walking students from local elementary schools to the facility. The facility will provide a late morning pick up window from 11:00 AM to 12:00 PM, and an afternoon pick up window from 4:00 PM to 6:00 PM.   No exterior changes or modifications are proposed to the building.

 

The site is zoned to allow preschool 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 R-1, Residential zoning district, which permits preschools with a Use Permit. The proposed preschool with outdoor play yard will provide local education, daycare, and afterschool services for the local community and is compatible with nearby schools in the surrounding area. The surrounding properties to the west and east are within the R-1 District and include residential uses. The properties to the north include residential uses and the Rising Star Montessori School located on High Street. The properties to the south are within the R-1 District and includes residential homes, an existing St. Philip Neri Kindergarten school and the St. Philip Neri Church and school across the street. As conditioned, the proposed use will replace the existing church and daycare use in the building and is compatible with the R-1 zoning of the property. The proposed use will also operate similarly to the existing schools located in the area. The proposed preschool operation provides a low-intensity school use that transitions well between the existing residential uses and the existing school and church in the surrounding area. Additionally, the project provides a drop off area for students on Fountain Street to minimize impacts to Central Avenue which is the primary street in front of the property. The school provides multiple drop off and pick up windows throughout the day to spread out the times when parents arrive to the facility. The use will also coordinate with teachers to walk students to the site from local schools in the area in order to reduce vehicle drop offs. No new structures or changes to the exterior of the existing building are proposed as part of the project, except for a new perimeter fence. 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 Fountain Street with readily available pedestrian access by existing sidewalks and crosswalks. The property is already served by adequate transportation and service facilities. The preschool anticipates approximately 100 students per day spread out among morning and afternoon sessions and will not significantly generate additional traffic or service requirements.  The project is located near the corner of Central Avenue and High Street which is served by AC Transit bus routes O, W and OX. Conditions of approval will require the facility to provide 2 short term and 2 long term bicycle parking spaces for customers and employees. 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 preschool will provide local residents with accessible preschool and afterschool services and will not have a significant impact on the properties in the surrounding area. The proposed preschool operation replaces an existing church and daycare use and  provides a low-intensity school use that transitions well between the existing residential uses and the existing school and church in the surrounding area. Additionally, the project provides a drop off area for students on Fountain Street to minimize impacts to Central Avenue which is the primary street in front of the property. The school also provides multiple drop off and pick up windows throughout the day to spread out the times when parents arrive to the facility and coordinates student pick up groups that walk to the site to reduce vehicle drop offs. Furthermore, the hours of operation are during standard business hours from 7:00 AM to 6:00 PM. 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 Low Density Residential which permits single family detached homes with some multi-family residential buildings, accessory dwelling units, as well as childcare, schools, and religious institutions. The project is consistent with General Plan Policy Action LU-2 g which states the City should “Permit childcare facilities and services in all residential and mixed-use zoning districts.” 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 LU-17 encourages “reuse of existing structures to retain the structures embodied energy and reduce the generation of waste.” The proposed preschool provides school and childcare services for the local community as part of the adaptive reuse of a vacant church building. Therefore, the project relates favorably to the General Plan.

 

CONDITIONS:

 

1.                     Approved Uses: The Use Permit approves, with conditions, a preschool use with afterschool program and an outdoor play area surrounded by perimeter fencing.

 

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.                     Bicycle Parking: Applicant shall provide a minimum of two (2) short term and two (2) long term bicycle parking spaces. Bicycle rack location(s) and types shall comply with Alameda Municipal Code (AMC) 30-7.6 and City of Alameda Bicycle Facility Design Standards and final bicycle parking plan shall be approved by the Planning Director.

 

6.                     Fencing: The proposed fencing shall comply with the fencing height and visibility requirements pursuant to Alameda Municipal Code (AMC) section 30-5.14.

 

7.                     Removal of Driveway: Prior to Certificate of Occupancy, the applicant shall restore the existing driveway to curb and gutter that meets the City’s requirements.

 

8.                     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.

 

9.                     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.

 

10.                     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.

 

DECISION:

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