Title
PLN16-0326 - 2042 Central Avenue - Applicant Chee Chan for Aida Man: A public hearing to amend Use Permit no. UP95-010 to change the approved office use from a dental office to an acupuncture and herbal medicine office use, and altering hours of operation. The proposed use would conform to the original Use Permit condition that limited the number of employees reporting to the business at a maximum of three. This project is a Class 1 Categorical Exemption and no additional environmental review is necessary pursuant to CEQA Guidelines Section 15301(a) - operation, permitting or leasing of existing private structures involving negligible or no expansion of use beyond that which exists.
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ICITY OF ALAMEDA
COMMUNITY DEVELOPMENT DEPARTMENT
ADMINISTRATIVE USE PERMIT
ITEM NO: 3-A
PROJECT
DESCRIPTION: PLN16-0326 - 2042 Central Avenue - Applicant Chee Chan for Aida Man: A public hearing to amend Use Permit no. UP95-010 to change the approved office use from a dental office to an acupuncture and herbal medicine office use, and altering hours of operation. The proposed use would conform to the original Use Permit condition that limited the number of employees reporting to the business at a maximum of three. This project is a Class 1 Categorical Exemption and no additional environmental review is necessary pursuant to CEQA Guidelines Section 15301(a) - operation, permitting or leasing of existing private structures involving negligible or no expansion of use beyond that which exists.
GENERAL PLAN: Medium Density Residential
ZONING: R-5, General Residential
PROJECT PLANNER: David Sablan, 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. Resolution No. ZA-95-10
2. Project Plans
RECOMMENDATION: Approve the project with conditions.
PROPOSAL SUMMARY:
In March 1991 the City Council upheld an appeal of the Planning Board’s denial of Conditional Use Permit to convert an existing residence into a dentist’s professional office. This approval by the City Council only permitted one single dentist and one hygienist. In August 1995, the Zoning Administrator approved an amendment to the Conditional Use Permit (UP-95-10) that allowed an expansion to two dentists along with the previously approved single hygienist - for a total of 3 employees - and set the hours of operation at 9 A.M. to 5 P.M. on weekdays and 9 A.M. to 4 P.M. on Saturdays, and no business operations on Sundays.
The applicant is applying to modify the approval for UP-95-10 to change the allowed professional office use from dental office to allow an acupuncturist and herbal medicine office, and alter and expand hours of operation to Monday through Saturday 8 A.M. to 6 P.M., with no business operations on Sundays. The total number of employees reporting to the site will remain at a maximum number of three (3).
The applicant anticipates that 80% of business conducted will be acupuncture therapy, and the rest will be herbal medicine consultations. The project will not expand the existing square footage of the building, nor will it alter the existing 5 off-street parking spaces on site. The applicant anticipates a range of between 10 and 20 customers per day during 10 hours of operation. This averages out to 1 or 2 customers in an hour.
Staff recommends that the amendment to UP-95-10 allow for all professional office uses listed in Alameda Municipal Code (AMC) Section 30-4.5(c)1, and require any expansion of hours of operation or number of employees first obtain approval of a new administrative 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 original dental office operated for 20 years at the project site with the same number of employees as the current application. The City does not have any records of complaints or violations of the conditions of approval for the dental office use. The proposed use will continue the previous intensity of professional office use. Therefore, professional office uses at the project site will remain compatible with other land uses in the general neighborhood area.
2. The proposed use will be served by adequate transportation and service facilities, including pedestrian, bicycle and transit facilities.
The change in professional office use will not alter or degrade the existing level of access to transportation and service facilities as found for Use Permit UP-95-10
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 expansion of hours will not result in a significant increase in the intensity of the office use, and will still restrict the business to operate within the standard hours of operation of businesses throughout the city. Because of the hours and operation, restriction on number of employees, and existing off-street parking, the project will not significantly conflict with residential parking.
4. The proposed use relates favorably to the General Plan.
The General Plan’s Land Use Element, section 2.7, recognizes that professional offices can be located in the R-5 district. The property has been used as a professional office since 1991, and its conversion from dental to other types of professional offices will not result in the displacement of housing. Guiding Policy 2.5.a states the City should provide enough services space, which would include professional offices, to provide Alameda residents with the full range of retail business and services.
1. Compliance with Plans. Any modification on this site shall be in substantial compliance with the use permit application submittal dated June 23, 2016, by Chee Chan, on file in the City of Alameda Community Development 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 Community Development Department for review and approval.
3. Vesting: The Use Permit approval shall expire two (2) years after the date of approval or by August 16, 2018 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.
4. Professional Office Uses: Allowed uses under this Use Permit shall be limited to uses permitted within Alameda Municipal Code (AMC) Section 30-4.7(b) and other similar uses as approved by Community Development Director.
5. Hours of Operation: Hours of operation are limited to 8 A.M. to 6 P.M., Monday through Saturday. Expansion of hours of operation require the approval of a new Administrative Use Permit.
6. Employees: Professional Office Uses shall be limited to a maximum number of three (3) employees reporting to the project site at the same time. Expansion of the total number of concurrently reporting employees shall require the approval of a new Administrative Use Permit.
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. The Applicant shall defend (with counsel reasonably acceptable to the City), indemnify, and hold harmless the City of Alameda, the Alameda City Planning Board and their respective agents, officers, and employees from any claim, action, or proceeding (including legal costs and attorney’s fees) against the City of Alameda, Alameda City Planning Board, and their respective agents, officers, or employees to attack, set aside, void or annul, an approval by the City of Alameda, the Community Development Department, Alameda City Planning Board, the City of or City Council related to this project. The City shall promptly notify the Applicant of any claim, action, or proceeding and the City shall cooperate in such defense. The City may elect, in its sole discretion, to participate in the defense of said claim, action, or proceeding. 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
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 operation 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: DATE___