Title
PLN15-0157 - 623 Central Ave - Applicant: Geoffrey and Anita Burnaford. Applicant seeks the approval of a variance to the landscaping requirements for unenclosed parking as required by Alameda Municipal Code (AMC) Section 30-7.10. The project site is located in the R-4 (Neighborhood Residential) Zoning District. The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15305.
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CITY OF ALAMEDA
COMMUNITY DEVELOPMENT DEPARTMENT
ADMINISTRATIVE USE PERMIT
ITEM NO: 3-A
PROJECT
DESCRIPTION: PLN15-0157 - 623 Central Ave - Applicant: Geoffrey and Anita Burnaford. Applicant seeks the approval of a variance to the landscaping requirements for unenclosed parking as required by Alameda Municipal Code (AMC) Section 30-7.10. The project site is located in the R-4 (Neighborhood Residential) Zoning District. The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15305.
GENERAL PLAN: Medium Density Residential
ZONING: R-4, Neighborhood Residential District
ENVIRONMENTAL
DETERMINATION: Categorically exempt from State CEQA Guidelines, Section 15305 - Minor Alterations to Land Use Limitations.
PROJECT PLANNER: David Sablan, Planner I
PUBLIC NOTICE: A public notice was mailed to property owners and residents within 300 feet of the project site, published in local newspapers and posted in public areas near the subject property.
RECOMMENDATION: Find that the project will not cause significant adverse impacts to the environment, and is Categorically Exempt under State CEQA Guidelines, Section 15305. Approve Administrative Use Permit application PLN15-0104 with conditions based on the findings contained in this report.
EXHIBIT: 1. Site Plan
PROPOSAL:
The applicant is requesting a Variance for relief from Alameda Municipal Code (AMC) Section 30-7.10(a)2, which requires three (3) feet of landscaping between unenclosed parking spaces and adjacent buildings and property lines. The existing building was built in 1910 with no off-street parking on a lot that is 30 feet wide, which is considered substandard by the current zoning ordinance. The applicant is proposing to install a new driveway on the property and provide a single off-street parking space on the property which meets the requirements of AMC Sections 30-7.8(a)1 and 30-7.9(i) for parking space dimensions and allowed locations. Due to the substandard width of the lot there is no space between the proposed off-street parking space and the main structure, nor the interior side property line.
FINDINGS:
1. There are exceptional or extraordinary circumstances applying to the property involved or to the proposed use of the property.
The subject property is 30 feet wide and is considered substandard in width where 50 feet is the minimum standard for residential lots. According to County records, the existing building was constructed in 1910, before the adoption of current zoning requirements. The narrow width of the property and location of the existing building create physical constraints to provide off-street parking and the required three-foot landscaped separation between the parking space and adjacent structures and property lines. The subject property is further distinguished from other nonconforming lots in that it is near the Webster Street Business District, where demand for on-street parking from business customers competes with residential uses.
2. Because of such exceptional or extraordinary circumstances, the literal enforcement of specified provisions of this section would result in practical difficulty or unnecessary hardship such as to deprive the applicant of a substantial property right possessed by other owners of property in the same class of district.
The literal enforcement of the three-foot landscape requirement would preclude and off-street parking space from fitting on the property and prohibit the applicant from enjoying a use of the property consistent with the nearby residential parcels, which are developed with off-street parking, some without the landscaped separations required under current code.
3. The granting of the variance will not, under circumstances of the particular case, be detrimental to the public welfare or injurious to persons or property in the vicinity.
The required landscape separation under AMC Section 30-7.10(a)2 is primarily intended to provide screening of cars along property boundaries. Given the proposed parking space is located in the interior of the lot, granting of the variance will not result in the adverse impact of parking without landscaping. Furthermore, the applicant will provide adequate landscaping between the parking space and public right of way so that the car will be screen from public view. The property line without the required landscaping is facing the interior of the property. The proposed new driveway associated with this project has been fully reviewed and approved by the City's Public Works Department. Therefore, a reduction of the landscape requirements would not be detrimental or injurious to persons or property in the vicinity.
COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS:
1. Compliance with Conditions: The applicant/property owner shall ensure compliance with all of the following conditions. Failure to comply with any condition may result in construction being stopped, issuance of citation, and/or modification or revocation of the Permit.
2. Plans: The layout of the site shall be in substantial compliance with the site plan prepared by Geoffery Burnaford, received on April 2, 2015 and on file in the office of the City of Alameda Community Development Department, except as modified by the following conditions.
3. Landscaping: The applicant shall install landscaping between the proposed parking space and public right of way that will provide adequate screening of the parking space from the public right of way, to the satisfaction of the Planning Development Director. Installed landscaping is subject to an inspection by the Planning Director prior to the final inspection of permit number C15-0019, or by May 5, 2017, whichever date is earlier.
4. Vesting: The Variance shall expire two (2) years after the date of approval or by May 5, 2017 unless authorized construction 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.
5. 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
DECISION:
Environmental Determination:
The Zoning Administrator has determined that this project does not involve a significant expansion of an existing use and will not have a significant effect on the environment. This project is a class 1 Categorical Exemption and no additional environmental review is necessary pursuant to CEQA Guidelines Section 15305 - minor alterations in land use limitations in areas with an average slope of less than 20%, which do not result in any changes in land use or density.
Variance
The Zoning Administrator approves the Variance 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: ___
Zoning Administrator