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PLN16-0371 - 2524 Santa Clara Ave- Applicant: Natalie Tucker and Ryan Meyer A public hearing to consider a Use Permit to operate a college prep tutoring business within the Community Commercial zoning district. The business would operate between the hours of 3:00 P.M. through 10:00 P.M. on weekdays, and 9 A.M. through 9:00 P.M. on weekends. The largest class size will be 25 students, with an anticipated daily average of 12 total students per day. The property is located within the C-C-T (Community Commercial, Theater Combining) zoning district. 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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CITY OF ALAMEDA
COMMUNITY DEVELOPMENT DEPARTMENT
ADMINISTRATIVE USE PERMIT
PROJECT
DESCRIPTION: PLN16-0371 - 2524 Santa Clara Ave- Applicant: Natalie Tucker and Ryan Meyer A public hearing to consider a Use Permit to operate a college prep tutoring business within the Community Commercial zoning district. The business would operate between the hours of 3:00 P.M. through 10:00 P.M. on weekdays, and 9 A.M. through 9:00 P.M. on weekends. The largest class size will be 25 students, with an anticipated daily average of 12 total students per day. The property is located within the C-C-T (Community Commercial, Theater Combining) zoning district. 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: Community Commercial
ZONING: C-C-T, Community Commercial, Theater Combining
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. Project Plans
RECOMMENDATION: Approve the project with conditions.
PROPOSAL SUMMARY:
The applicant is proposing to provide private tutoring in small classes at an existing commercial tenant space that is part of the Broadway Hotel building. The tenant space, 2534 Santa Clara Avenue, is approximately 800 square feet.
The business will operate on weekdays from 3:00 P.M. to 10:00 P.M., and on weekends business starts at 9:00 A.M. and will close at 8:00 P.M. on Saturdays, 9:00 P.M. on Sundays. The weekday hours of operation are after the end of the school day for local schools. The intended clientele will be students of local schools who will walk to the business from local schools. Additionally, the tenant space is located two blocks from Park Street, where there are bus stops of AC Transit lines 51A, 20, and O, which will provide public transit access to other parts of the City. The Broadway Hotel building has a 14 spaces parking lot accessible off of Broadway that can be used to student drop off and pick up.
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 project is located within an existing commercial structure at the end of Park Street C-C-T zoning district and proposes no exterior modifications. The target demographic of the business will be Freshmen and Sophomore students from nearby schools, with hours of operations coinciding with the end of the school day.
2. The proposed use will be served by adequate transportation and service facilities, including pedestrian, bicycle and transit facilities.
The majority of students will be walking from nearby schools after the close of the school day. The Broadway Hotel building has an onsite parking lot for student drop off and pick up.
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 fitness gym will not affect the surrounding properties, hurt existing business districts or the local economy. The proposed use is a low-intensity use that is consistent with the pedestrian-oriented commercial uses that make up the Community Commercial district. The hours of operation are within the standard business hours in the C-C-T district, which is 7:00 A.M. to 10:00 P.M.
4. The proposed use relates favorably to the General Plan.
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 July 6, 2016, by Natalie Tucker, 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. Certificate of Occupancy: The applicant shall obtain a Certificate of Occupancy issued by the Building Official prior to operation of business activities. The applicant may begin business activities through issuance of a temporary Certificate of Occupancy with approval from the Building Official.
5. Maximum Occupancy: The maximum number of concurrent students allowed on-site shall be the maximum occupancy load, minus on-site staff, of the tenant space as determined by the City’s Fire Prevention Services Division.
6. 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.
7. 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 permitting 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: ___