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PLN15-0522 - Mark Pelzner - 3273 Thompson Avenue The applicant requests a Use Permit to allow a woodworking home occupation in approximately 77-square-feet of the ancillary space of an existing detached two-car garage. The home occupation business involves creating artistic handcrafted objects that range from small household items to small household furniture which will be sold online. The business will utilize common hand and household power tools such as, a table saw, sanders, and drills, and typical substances used to treat and finish woodwork. The business will not have any customers on site. No changes are proposed to the garage and the two existing parking spaces will remain.
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PROJECT
DESCRIPTION: PLN15-0522 - Mark Pelzner - 3273 Thompson Avenue
The applicant requests a Use Permit to allow a woodworking home occupation in approximately 77-square-feet of the ancillary space of an existing detached two-car garage. The home occupation business involves creating artistic handcrafted objects that range from small household items to small household furniture which will be sold online. The business will utilize common hand and household power tools such as, a table saw, sanders, and drills, and typical substances used to treat and finish woodwork. The business will not have any customers on site. No changes are proposed to the garage and the two existing parking spaces will remain.
GENERAL PLAN: Low-Density Residential
ZONING: R-1, One-Family Residence District
ENVIRONMENTAL
DETERMINATION: Categorically Exempt from State CEQA Guidelines, Section 15301(a) - operation, permitting, or leasing of existing private structures involving negligible or no expansion of use beyond that which exists.
PROJECT PLANNER: Linda Barrera, Planner I
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.
ATTACHMENTS: 1. Site Plan
2. Public Comment
RECOMMENDATION: Approve Administrative Use Permit application PLN15-0522 based on the findings in this report.
BACKGROUND:
On October 29, 2015, the applicant filed an application for a Use Permit to allow the operation of a woodworking home occupation at 3273 Thompson Avenue. The applicant currently has a woodworking hobby in a small, 77-square-foot portion of ancillary space in his detached garage. He wishes to obtain a business license to sell his crafts online, effectively transitioning his existing woodworking hobby into a home business. Pursuant to Alameda Municipal Code 30-2, a use permit is required for home occupations occupying accessory buildings due to the use of a garage to conduct the home occupation. The home occupation will not create any pedestrian, automobile, or truck traffic as the items created onsite will be exclusively sold online. Hours of operation will be 8:00 a.m. to 6:00 p.m. Monday through Friday, 8:00 a.m. to 5:00 p.m. on Saturdays, and no work on Sundays.
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 proposed woodworking home occupation is located in an R-1 (One-Family Residence) zoning district which permits home occupations in compliance with the standards set forth in Alameda Municipal Code Section 30-2. The proposed use is located in the ancillary space of a two-car garage. No changes are proposed to the garage and the two existing parking spaces will remain. The home occupation will utilize common hand and power tools such as, a table saw, routers, sanders, drills, and chop saws. A dust collection system will be used to mitigate dust pollution. Typical substances used to treat and finish woodwork will be used such as, shellac flakes, mineral oil, tung oil, and petroleum based finishes. The woodworking activity has existed on the property as a hobby, and this Use Permit is required only because the applicant wishes to sell his crafts as a home occupation. The proposed woodworking home occupation is incidental to the residential use of the dwelling and is therefore in compliance with standards for a home occupation.
2. The proposed use will be served by adequate transportation and service facilities, including pedestrian, bicycle and transit facilities. The conduct of the home occupation will not create any automobile or truck traffic in the vicinity because no customers will be served on the site since the items created will be sold online. The applicant will use his personal pickup truck to transport items that will be shipped to customers. The proposed home occupation does not affect the two existing off-street parking spaces on the site and does not require additional service 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 deleterious effects on existing business districts or the local economy. The proposed woodworking home occupation is a low-intensity use and will not affect the surrounding properties. The home occupation involves no sales or storage of commercial merchandise other than the handmade products made on the premises. The woodcrafts created onsite range from small household items to household furniture. This home occupation would benefit the local economy and contribute business license revenue to the City. The proposed hours of operation from 8:00 a.m. to 6 p.m. Monday through Friday, 8:00 a.m. to 5:00 p.m. on Saturdays, and no work on Sundays are consistent with the standards established in the City’s Noise Ordinance per Alameda Municipal Code Section 4-10.5(b)(10).
4. The proposed use relates favorably to the General Plan. The property is designated as Low-Density Residential on the General Plan Diagram and Zoning Map. Guiding Policy 2.5.a. in the General Plan encourages providing space for business opportunities that increase Alameda’s business potential. This Use Permit enables a typical backyard hobby to occur in a garage and to make its products available for sale. This permit does not involve any changes to the existing single-family home or the garage and thus preserves the residential character of the neighborhood. Therefore, the proposed use is consistent with the General Plan.
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 modification or revocation of the Permit.
2. Approved Uses: This Use Permit approves a woodworking home occupation in an approximately 77-square-foot portion of ancillary space in the detached two-car garage. The home occupation is an incidental use to the existing single-family dwelling unit, within the R-1, One-Family Residence District.
3. Plans: The layout of the home occupation shall be in substantial compliance with the floor plan prepared by Mark Pelzner, received on October 29, 2015 and on file in the office of the City of Alameda Community Development Department.
4. Parking: The woodworking home occupation shall not obstruct or eliminate the two required off-street parking spaces for the dwelling unit.
5. Traffic: There shall be no commercial vehicle used for the delivery or transportation of the woodcrafts created on the site.
6. Hours of Operation: The activities related to the subject home occupation may occur from 8:00 a.m. to 6:00 p.m. Monday through Friday, 8:00 a.m. to 5:00 p.m. on Saturdays, and no construction activity shall occur on Sundays. Any change in business hours shall require the applicant to request and receive an amendment to this Use Permit. The use of tools or substances that cause noise, smoke, odors, or vibrations outside of the approved hours of operation is prohibited.
7. Noise: All activities conducted onsite shall comply with the City of Alameda’s Noise Ordinance. Alameda Municipal Code Section 4-10.4 outlines exterior noise standards for Single or Multiple Family Residential, School, Hospital, Church, or Public Library Properties as follows:
NOISE LEVEL, STANDARDS, dB(A)
|
Category |
Cumulative Number of Minutes in Any One (1) Hour Time Period |
Daytime (7:00 a.m. to 10:00 p.m.) |
Nighttime (10:00 p.m. to 7:00 a.m.) |
|
1* |
30 |
55 |
50 |
|
2 |
15 |
60 |
55 |
|
3 |
5 |
65 |
60 |
|
4 |
1 |
70 |
65 |
|
5 |
0 |
75 |
70 |
*For example, this means the measured noise level may not exceed fifty-five (55) dB(A) for more than thirty (30) minutes out of any one (1) hour time period.
8. 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.
9. Vesting: The Use Permit approval shall expire two (2) years after the date of approval or by December 1, 2017 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.
10. 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 is Categorically Exempt from environmental review, pursuant to the CEQA Guidelines Section 15301(a) - operation, permitting, or leasing of existing private structures involving negligible or no expansion of use beyond that which exists.
Use Permit
The Zoning Administrator 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: December 1, 2015___