Title
PLN16-0221 - 848 Lincoln Avenue - Administrative Use Permit - Applicant: Christopher Pieda. A public hearing to consider a Use Permit to convert an existing ground floor retail space and second floor residential unit to a chiropractic office pursuant to AMC Section 30-4.8.c.2, which requires a Use Permit for office uses occupying street-fronting retail space. The property is located within the C-1 (Neighborhood Business) zoning district. This project qualifies for a categorical exemption under Section 15301(a) of the California Environmental Quality Act Guidelines, which exempts the operation, permitting, or leasing of existing private structures involving negligible or no expansion of use beyond that which exists from further environmental review.
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CITY OF ALAMEDA
COMMUNITY DEVELOPMENT DEPARTMENT
ADMINISTRATIVE USE PERMIT
ITEM NO: 3-C
PROJECT
DESCRIPTION: PLN16-0221 - 848 Lincoln Avenue - Administrative Use Permit - Applicant: Christopher Pieda. A public hearing to consider a Use Permit to convert an existing ground floor retail space and second floor residential unit to a chiropractic office pursuant to AMC Section 30-4.8.c.2, which requires a Use Permit for office uses occupying street-fronting retail space. The property is located within the C-1 (Neighborhood Business) zoning district. This project qualifies for a categorical exemption under Section 15301(a) of the California Environmental Quality Act Guidelines, which exempts the operation, permitting, or leasing of existing private structures involving negligible or no expansion of use beyond that which exists from further environmental review.
GENERAL PLAN: Medium Density Residential
ZONING: C-1, Neighborhood Business District
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. Staff has not received any public comments on this proposed project.
EXHIBITS: 1. Site Plan
RECOMMENDATION: Approve Administrative Use Permit application PLN16-0221 based on the findings in this report.
BACKGROUND:
On April 27, 2016, the applicant filed an application for a Use Permit to convert an existing ground floor retail space and second floor residential unit into a chiropractic office. The proposed use consists of professional office space and will include a retail component to sell orthotic devises and nutritional supplements. The retail activity will be located in a portion of the existing retail space fronting Lincoln Avenue. The existing retail space and residential unit are currently vacant.
This proposal consists primarily of interior tenant improvements, and no exterior modifications are proposed other than new business signage that will require separate sign permits. The interior space along the building frontage will be converted into a reception area and the rest of the lower floor plan will be modified to accommodate five office spaces. The second level floor plan will be modified to accommodate a rehabilitation area and two additional office spaces.
The subject property is zoned C-1, Neighborhood Business District. Pursuant to AMC Section 30-4.7(b) chiropractic office is considered a professional medical office. Section 30-4.8(c)(2) requires a Use Permit if an office use not associated with permitted retail sales in the C-1 District is proposed in a street-fronting retail space. Although retail sale is also part of this proposal, it is incidental to the chiropractic office use. The scope of the retail sale does not meet AMC 30-4.8(b)(2)(q), which requires fifty (50%) percent of the ground floor space nearest the building frontage to be reserved for retail sales and is therefore subject to a Use Permit. The Use Permit findings can be made, as follows:
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 property at 848 Lincoln Avenue is located within a node of properties on Lincoln Avenue and 9th Street that are zoned C-1, Neighborhood Business District. Historically, the subject site has been used as a shoe store, is now closed. The properties abutting the site are zoned R-4, Neighborhood Residential District. A chiropractic office will be compatible with the existing commercial and residential uses in the area as the use is low-intensity. The office will have a total of two employees per shift and an estimated 20 customers throughout the day. The proposed hours of operation between 8:00 A.M. and 6:00 P.M. Monday through Friday are within the City’s standard hours of operation for businesses in the C-1, Neighborhood Commercial Business District, which are between 7:00 A.M. and 10:00 P.M. per Alameda Municipal Code Section 30-4.8(b)(2).Overall, the proposed professional office use is consistent with the C-1 zoning classification in providing a convenient service to the adjacent residential neighborhood.
2. The proposed use will be served by adequate transportation and service facilities, including pedestrian, bicycle and transit facilities. The property is already fully developed and does not require additional service facilities. The project site is served by AC Transit bus routes 51A and O on Santa Clara Avenue, which stop approximately one and a half blocks south of the site. There are two current parking spaces in the existing attached garage that will remain.
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 use provides the community with access to chiropractic treatment and nutritional support. Chiropractic offices are a low-intensity use and will not affect the surrounding properties, hurt existing business districts or the local economy. The proposed hours of operation between 8:00 A.M. and 6:00 P.M. Monday through Friday are within the City’s standard hours of operation for businesses in the C-1, Neighborhood Business District, which are between 7:00 A.M. and 10:00 P.M. per Alameda Municipal Code Section 30-4.8(b)(2). The proposed chiropractic office use will not have adverse impacts on the surrounding neighborhood. The use will be conditioned to maintain a retail frontage.
4. The proposed use relates favorably to the General Plan. While the property is designated Medium Density Residential, the proposed project does not involve any new construction and therefore does not raise issues with General Plan consistency. Instead, the proposed use in the existing building is consistent with several policies in the General Plan regarding the provision of neighborhood-serving business in existing business locations. The proposed chiropractic office use is consistent with General Plan Policy 2.5.a, which supports providing business service space to expand the City full range of business services to Alameda residents. Furthermore, the proposal is consistent with policy 2.5.g, which supports maintaining existing neighborhood business districts for small businesses, especially for providing personal services for surrounding residential neighborhoods at the City’s neighborhood corner business locations.
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. Compliance with Plans. Any modification on this site shall be in substantial compliance with the Use Permit application submittal dated April 27, 2016, by Nicholas Lee, on file in the City of Alameda Community Development Department, except as modified by the conditions listed in this report.
3. Approved Uses: This Use Permit approves a chiropractic office on the first and second floor of an existing first floor commercial space and second floor residential unit within the C-1, Neighborhood Business District. The Use Permit will also allow incidental retail sales of orthotic supplies and nutritional supplements as well as other professional office uses in the AP, Administrative Professional category set forth in the Zoning Ordinance.
a. No massage practice may occur at this location unless a massage technician permit has been approved by the Community Development Department and by the Police Department.
4. Removal of Security Bars: The existing security bars behind the storefront shall be removed prior to issuance of a Certificate of Occupancy for the chiropractic office.
5. Retail Frontage: The business shall maintain a transparent storefront presence consistent with the C-1 zoning district goal to maintain pedestrian-oriented establishments. The storefront windows and doors shall not be obscured during business hours with privacy tint film, closed blinds or curtains, or other visual barrier. Any retail display for the business shall utilize space immediately behind the storefront to the maximum extent practicable.
6. Parking: The two existing off-street parking spaces in the attached garage shall continue to serve as parking for the property and shall not be obstructed or eliminated.
7. Hours of Operation: The chiropractic office hours of operation shall be 8:00 A.M. to 6:00 P.M., Monday through Friday. Any change in business hours shall require the applicant to file a separate application and receive an amendment to this Use Permit.
8. 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.
9. Signs: The applicant must obtain a City Sign Permit before installing permanent signage.
10. Vesting: The Use Permit approval shall expire two (2) years after the date of approval or by June 21, 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.
11. 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.
12. 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 a use in an 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: June 21, 2016___