Title
PLN16-0311 - 839 Lincoln Avenue - Applicant: Michael Zhang. A public hearing to consider a Use Permit to convert one residential unit into two residential units on the second floor of a mixed-use building. Pursuant to Alameda Municipal Code 30-4.8(c)(1), dwelling uses in the C-1 district require a Use Permit. The building will consist of two commercial tenant spaces on the ground floor and two residential units on the second floor. The project will add two additional parking spaces in the rear of the property to accommodate the new residential unit. No exterior modifications are proposed to the building. The property is located within the C-1 (Neighborhood Business) zoning district. This project is categorically exempt from the California Environmental Quality Act (CEQA), under Section 15301(a) - Existing Facilities.
Body
CITY OF ALAMEDA
COMMUNITY DEVELOPMENT DEPARTMENT
ADMINISTRATIVE USE PERMIT
ITEM NO: 3-A
PROJECT
DESCRIPTION: PLN16-0311 - 839 Lincoln Avenue - Applicant: Michael Zhang. A public hearing to consider a Use Permit to convert one residential unit into two residential units on the second floor of a mixed-use building. Pursuant to Alameda Municipal Code 30-4.8(c)(1), dwelling uses in the C-1 district require a Use Permit. The building will consist of two commercial tenant spaces on the ground floor and two residential units on the second floor. The project will add two additional parking spaces in the rear of the property to accommodate the new residential unit. No exterior modifications are proposed to the building. The property is located within the C-1 (Neighborhood Business) zoning district. This project is categorically exempt from the California Environmental Quality Act (CEQA), under Section 15301(a) - Existing Facilities.
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 PLN16-0311 with conditions based on the following findings contained in this report.
PROPOSAL SUMMARY:
On June 13, 2016, the applicant filed an application for a Use Permit to convert an existing residential unit into two residential units above two existing ground floor commercial units. Pursuant to Alameda Municipal Code Section 30-4.8(c)(1), dwelling uses in the C-1 district require a Use Permit. The existing residential unit on the second floor is approximately 1,422 square feet. It will be converted into two residential units by dividing the unit into one 855-square-foot unit and one 567-square-foot unit, so there is no net gain in residential floor area. There are no changes proposed to the exterior of the building nor to the two commercial units on the ground floor. The project will add two additional parking spaces in the rear of the property to comply with off-street parking requirements for the new residential unit. There will be a total of five parking spaces on-site.
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 existing mixed-use building is surrounded by residential properties on all sides. The parcels abutting the subject site are zoned R-4, Neighborhood Residential District and R-2, Two-Family Residence District. The C-1 zoning district allows for residential uses provided that the residential uses does not conflict with the General Plan or legitimate business uses within the district and provided that the residential use does not occupy the ground floor. The proposed new dwelling unit will be located on the second floor above the existing ground floor retail units. Because the second unit will be created from the existing residential unit, there is no net gain in residential floor area or expansion of use. The subject property and adjacent homes are designated Medium-Density Residential in the general Plan. The subject property and adjacent properties have coexisted for commercial and residential uses as a successful mixed-use community. The property will continue to be used for both residential and commercial purposes. There is no evidence to suggest that an additional residential unit will inhibit the nearby commercial uses on Lincoln Avenue. The additional residential unit will integrate well within the mixed-use context of the neighborhood and is thus a compatible use in the neighborhood.
2. The proposed use will be served by adequate transportation and service facilities, including pedestrian, bicycle and transit facilities.
There are currently three existing off-street parking spaces on the subject property, one for each existing unit on the site. The existing parking spaces are located in a detached three-car garage at the rear of the property. Two new uncovered off-street parking spaces will be added at the rear of the property to comply with off-street parking requirements for the new dwelling unit. Additionally, the site is served by AC Transit bus routes 51A and O on Santa Clara Avenue, which stops 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 additional residential unit will not have adverse impact on the surrounding neighborhood, hurt existing businesses or the local economy. To the contrary, the proposed Use Permit to add a residential unit to Alameda’s housing stock will benefit the community as the City experiences increased demand for housing units.
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 project in the existing mixed-use building is consistent with several policies in the General Plan regarding the importance of the traditional mixed-use and pedestrian-oriented ambiance in the City. Guiding Policy 2.5.h encourages mixed use development including adding housing in retail areas. Providing housing above retail adds patrons and expands housing opportunities in mixed-use neighborhoods such as Lincoln Avenue, which rely on customers who walk from their homes given that these districts usually have little off-street parking.
1. Compliance with Plans. Any modification on this site shall be in substantial compliance with the use permit application submittal dated June 13, 2016, by Michael Zhang, 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. Parking: The three existing off-street parking spaces in the detached garage shall continue to serve as parking for the property and shall not be obstructed or eliminated. Two new uncovered off-street parking spaces shall be added on the site to serve the new dwelling unit.
4. Commercial Uses: The two existing ground level commercial units shall contain uses permitted under the C-1 zoning district. The existing commercial units shall not be used as residential dwelling units and shall maintain a transparent storefront presence consistent with the C-1 zoning district goal to maintain pedestrian-oriented establishments.
5. Vesting: The Use Permit approval shall expire two (2) years after the date of approval or by July 19, 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.
6. 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.
7. 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: July 19, 2016___