Title
PLN16-0239 -1601 Paru Street - Administrative Use Permit - Applicant: Margret Fago for Frank Bette Center for the Arts, Inc. A public hearing to consider a Use Permit to convert a residential unit on the second floor of the Frank Bette Center for the Arts into administrative offices with incidental gallery displays and studio for art classes. Pursuant to AMC Section 30-4.4.c, administrative offices of nonprofit organizations require a Use Permit. The Use Permit will also allow the use of the existing rear yard for exhibits and receptions. 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-D
PROJECT
DESCRIPTION: PLN16-0239 -1601 Paru Street - Administrative Use Permit - Applicant: Margret Fago for Frank Bette Center for the Arts, Inc. A public hearing to consider a Use Permit to convert a residential unit on the second floor of the Frank Bette Center for the Arts into administrative offices with incidental gallery displays and studio for art classes. Pursuant to AMC Section 30-4.4.c, administrative offices of nonprofit organizations require a Use Permit. The Use Permit will also allow the use of the existing rear yard for exhibits and receptions. 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: R-4, Neighborhood Residential 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. Plan Set
RECOMMENDATION: Approve Administrative Use Permit application PLN16-0221 based on the findings in this report.
BACKGROUND:
The Frank Bette Center for the Arts (the Center) is a two-story Victorian building with one commercial unit on the ground floor and one residential unit on the second floor in an R-4, (Neighborhood Residential) zoning district. Prior to his passing in 1999, Frank Bette bequeathed the building as a center for the arts. Since then the Center has operated as a non-profit organization and used as a gallery and workshop dedicated to education in the arts.
On March 11, 2016, the Center closed for City-mandated repairs due to code enforcement violations, including substandard housing conditions on the upper level. In an effort to expedite the reopening of the Center and formalize the use of the upper level residential unit as space dedicated to the arts, the Center’s Board president applied for a Use Permit on May 5, 2016. The Use Permit will allow the residential unit on the upper level to be used as administrative offices for the Center with incidental use of gallery spaces and a studio for art classes. The Use Permit will also allow incidental use of the outdoor space in the rear yard for occasional day exhibits and for guests during receptions. Per Alameda Municipal Code 30-4.4.c.4, administrative offices of nonprofit community special service organizations are permitted upon obtaining a Use Permit. The residential use of the building will be abandoned as part of this Use Permit approval.
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 use is located within the R-4 (Neighborhood Residential) zoning district which, among other uses, is intended for non-profit organization administrative offices if found compatible with the neighborhood, per AMC 30-4.4. The Center has a legal nonconforming commercial unit on the ground level and a residential unit on the second floor. The ground level is currently used as an art gallery and reception area during exhibits. The second level residential unit has not been properly maintained as a residential unit. Thus, the expansion of administrative offices, extra gallery space and art studio to the second floor would be a more appropriate use of the space. These uses are compatible with both the surrounding residential land uses and the existing art center use on the lower level. There are no proposed changes to the exterior of the building or to the existing floor plan. Hence, the proposed use is compatible with the general 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 two blocks south of the site.
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 administrative office use and associated incidental uses are an extension of an existing community resources that provides the community with access to the arts. The Center is a volunteer based non-profit organization that relies on the participation of artists and community residents to function both logistically and financially. Efforts made by members and volunteers of the Center facilitate the administration of activities on the site. The administrative office use, additional gallery space, studio for classes and occasional outdoor use will not affect the surrounding properties, hurt existing business districts or the local economy. The proposed daily hours of operation between 9:00 A.M. and 9:00 P.M. are within the City’s standard hours of operation for businesses, which are between 7:00 A.M. and 10:00 P.M. per Alameda Municipal Code Section 30-4.8(b)(2). Furthermore, the Center has been in existence in the current location for over ten years and has not had an adverse impacts to the surrounding neighborhood.
4. The proposed use relates favorably to the General Plan. The property is designated as Medium-Density Residential on the General Plan Diagram and Zoning Map. Guiding Policy 6.4.b. in the General Plan establishes that the City should encourage and support private groups in their efforts to establish an arts center and other cultural facilities in Alameda as a priority. This use permit approval is consistent with that priority. The Center is a well-established cultural resource in the community which relies on volunteers, members and donors to host a variety of art related programs on site and organize annual events in Alameda. The expansion of the Center to the upper level will enable the center to provide additional space for classes, workshops and exhibits as well as dedicated space for administrative work. The proposed use will improve the vitality of the Center and enhance the neighborhood as the Center is an active community resource.
1. Compliance with Plans: Any modification on this site shall be in substantial compliance with the Use Permit application submittal dated May 5, 2016, by Kimberly McGowan Interiors, 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. Approved Uses: The Use Permit approves administrative offices and incidental use of gallery spaces and a studio for art classes in the second floor residential unit of the Frank Bette Center for the Arts at 1601 Paru Street. The Use Permit also approves use of the existing rear yard for exhibits and for guests during receptions.
4. Hours of Operation: The Frank Bette Center for the Arts operation schedule may be 9:00 A.M. to 9:00 P.M. daily. Any change in business hours shall require the applicant to request and receive an amendment to this Use Permit.
5. Outdoor Use: All activities conducted outdoors shall comply with the City of Alameda’s Noise Ordinance. Alameda Municipal Code Section 4-10.4 outlines exterior noise standards. No amplified sound is permitted as part of the outdoor use.
6. 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.
7. 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.
8. 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 operation, permitting or leasing 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: June 21, 2016___