Title
PLN23-0116 - 1413 Park Street -Use Permit - Applicant: Adriano Silva for Triumphant Life Church of Alameda, Inc. Public hearing to consider a use permit to allow community assembly inside an approximately 3,300 square foot commercial storefront. General Plan designation: Community Mixed-Use. Zoning designation: C-C-T, Community Commercial, Theater Combining District. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301, Existing Facilities and Section 15183, projects consistent with General Plan and Zoning.
Body
To: Honorable President and Members of the Planning Board
From: Allen Tai, Planning, Building & Transportation Director
BACKGROUND
On March 9, 2023, after receiving a complaint, Code Enforcement staff from the Planning, Building and Transportation Department conducted an inspection of the commercial storefront at 1413 Park Street. Staff observed recent work that had been completed without the benefit of building permits and noted a change in occupancy as defined in the Building Code to an A-3 assembly, i.e., places of worship, recreation or amusement and other similar uses. Staff also learned that the Triumphant Life Church had signed a lease and begun holding services in the former retail space.
Places of worship are classified in the Zoning Ordinance as Community Assembly, which is permitted in the C-C, Community Commercial Zoning District with approval of a use permit pursuant to Alameda Municipal Code (AMC) Section 30-4.9A.c.1.cc [public park, school, community assembly, library, day care center, playground, fire station and other public buildings and uses]. On March 9, the Building Official issued a notice of violation demanding that the operator obtain required Planning Division approval(s) and building permits to address related life-safety issues.
On March 20, 2023, the applicant filed an application for a use permit to allow community assembly at 1413 Park Street. Due to uncertainties around whether the commercial space could be feasibly converted to an assembly use under the Building Code, Planning staff paused its review of the use permit application until the applicant was able to make progress engaging a design professional to submit building permit plans. As of January 2024, staff believes the building permit is close to being ready to issue and therefore it is now appropriate for the Planning Board to consider the use permit application before the applicant moves forward with the expense of implementing the required building improvements.
DISCUSSION
The Park Street Historic District is a vital shopping, entertainment, and economic center for Alameda. 1413 Park Street is at the heart of the district. City policies and practices, including requirements and standards in the General Plan and City Zoning Ordinance, aim to promote and preserve ground floor, street facing retail uses along Park Street. The former Tot Tank store at this location closed in 2020. Staff is recommending the Planning Board approve the use permit with conditions (Exhibit 2).
When vacancies occur along Park Street, they often stay vacant for extended periods creating a “dead zone” along the street frontage. Vacancies along Park Street have myriad causes, including changes in consumer behavior from the pandemic and the ongoing shift towards online shopping. Property owners may also be reluctant to lower rents or invest significantly in spaces to attract new retail users. Staff observes that larger retail spaces in the district that do not have existing commercial kitchens are among the hardest vacancies to fill. Staff supports preserving the primarily retail nature of Park Street, but recommends flexibility in permitting some non-retail uses, which can help keep the district from further decline due to increased vacancies. Non-retail users such as fitness studios, museums, daycare centers and other community assembly uses such as the Eagles’ Hall and other houses of worship currently occupy spaces in the district.
The C-C Zoning District is intended to provide for pedestrian oriented “general retail, personal service use, offices, restaurants, hotels/motels, residential uses, service stations, public and quasi-public uses and similar and compatible uses serving a community-wide need….” Under AMC Section 30-4.9A.c.1.cc, community assembly uses (and many other similar uses) are permitted with the approval of a use permit. As defined in AMC Section 30-2, Community Assembly “shall mean facilities for public or private gatherings, including but not limited to places of worship; public and private nonprofit clubs, lodges, and meeting halls.…” Staff considers the proposed community assembly use superior to a long term vacancy that will aid in bringing foot traffic to the downtown that can support other businesses. The General Plan designation for 1413 Park Street is Community Mixed-Use, which also permits a wide range of community serving uses.
1413 Park Street is also located within the T - Theater Combining District (AMC Section 30-4.22), which imposes special parking requirements to select assembly uses in addition to the use permit findings in AMC Section 30-21.3. These special parking provisions were not included in the citywide elimination of minimum parking requirements contained in AMC Section 30-7, which the Planning Board recommended and the City Council adopted in 2021. The proposed project does not propose any additional parking than what currently exists in the Park Street commercial district. The existing street parking, nearby surface parking lots and adjacent Civic Center Parking Garage provide adequate supply that visitors of 1413 Park Street can utilize. The parking garage fills up only on rare occasions and the primary service times are on Wednesday evenings and Sunday mornings, which are off-peak periods for parking demand in the downtown. Staff anticipates bringing a cleanup of AMC Section 40-4.22.d to a future Planning Board meeting for recommendation to City Council.
The draft resolution approving Use Permit PLN23-0116 includes a number of proposed conditions of approval to ensure the applicant is a good neighbor and makes a positive contribution to the Park Street business district. These conditions will help ensure the use is compatible with the neighborhood and is consistent with General Plan policies. Staff has heard concerns from, and generally agrees with the Downtown Alameda Business Association that the non-retail use could create a “dead zone” at the heart of the district similar to a long-term vacancy if only occupied a day or two each week. To help activate the streetscape, the applicant is required to ensure the ground floor street facing space is open and actively used such as via the addition of a proposed bookstore a minimum of 20 hours per week during normal business hours. Compliance with City of Alameda (City) noise and signage regulations is also required in the conditions of approval. Additionally, the draft resolution sets timelines for the applicant to respond to comments on the building permit application and commence construction in a timely fashion once the permit is issued. Failure to comply with the use permit conditions may result in staff scheduling a revocation hearing at the next available Planning Board meeting.
In conclusion, staff recommends the Planning Board adopt the draft resolution approving the use permit application to allow community assembly inside an approximately 3,300 square foot commercial storefront located at 1413 Park Street.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 Existing Facilities. As a separate and independent basis, the project is also exempt from CEQA pursuant to CEQA Guidelines Section 15183 (projects consistent with General Plan and Zoning).
PUBLIC NOTICE AND COMMENTS
Property owners and residents within 300 feet of the project’s boundaries were notified of the public hearing and given the opportunity to review and comment on the proposal. Copies of all emails and letters received will be forwarded to the Planning Board and provided for the Board at the public hearing. Staff also informed the Downtown Alameda Business Association regarding the pending use permit application.
RECOMMENDATION
Hold a public hearing and conditionally approve a Use Permit to allow community assembly inside an approximately 3,300 square foot commercial storefront per findings in the draft resolution (Exhibit 2).
Respectfully submitted,
Steven Buckley, Planning Services Manager
Prepared By,
Brian McGuire, Planner II
Exhibits:
1. Proposed Plans
2. Resolution