Title
PLN14-0134 - 1200 Park Street - Hearing to Consider Modification to An Existing Use Permit for Automotive Repair at 1200 Park Street (Big O Tires site). A petition from the neighborhood is requesting review and termination of the existing Use Permit UP88-36, as amended by PLN14-0134, for 1200 Park Street
Body
Honorable President and
Members of the Planning Board
From: Andrew Thomas
Assistant Community Development Director
Date: November 28, 2016
Re: PLN14-0134 - 1200 Park Street - Hearing to Consider Modification to An Existing Use Permit for Automotive Repair at 1200 Park Street (Big O Tires site). A petition from the neighborhood is requesting review and termination of the existing Use Permit UP88-36, as amended by PLN14-0134, for 1200 Park Street.
BACKGROUND
The property at 1200 Park Street is occupied by a long time local business called “Big Discount Tire Pros”, an automobile repair business, formally called “Big O Tires”. The property is owned by Mr. Jay Garfinkle.
On August 4, 2016, the City of Alameda received a petition signed by 21 residents within the vicinity of the 1200 Park Street site. The petition requests a public hearing to review the existing use permit for 1200 Park Street and proposes that the Planning Board amend the existing use permit for automobile repair to expire when the current tenant vacates the property in mid-2017. The petition is attached as Exhibit 1.
The existing automobile tire business use is a non-conforming use in the C-C Community Commercial Zoning District. Alameda Municipal Code (AMC) section 30-4.9A C-C Community Commercial Zone, sub section a. states:
Automobile related uses are regulated by use permit and prohibited on Park Street and Webster Street frontages.”
ANALYSIS
The first Use Permit for automobile tire repair services on the property was approved by the Planning Board on March 19, 1979. At that time, the Planning Board was concerned about the potential impacts of the use on the neighborhood and approved a use permit for a period of one year. (Exhibit 2: Use permit U-79-3). The 1979 use permit includes conditions that require that all automobile parking necessary to support the business be confined to the property (condition #2), that parked cars be limited in duration (condition #3), that all work on cars will occur within the building (condition #4), and no cars will be parked overnight on the premises (condition #7). In a letter dated January 28, 1982 from the City to the property owner, (Exhibit 3), it is apparent that the one year limitation imposed in 1979 had been amended to five years to expire on June 18, 1984 and that the conditions of approval governing the use of the property had been expanded. (Exhibit 3.) Staff was unable to locate the documentation to confirm when the Planning Board or City Council amended the conditions extended the term from one year to five years.
On January 30, 1989, the Planning Board approved a new Use Permit (U-88-36) for the site for Big O Tires. (Exhibit 4) The 1989 use permit describes the use as a continuation of a non-conforming use for automotive repair. The 1989 permit does not include a termination date, but adds a new condition requiring that the applicant “find an alternative long term parking site for customer cars, as well as for employees” within 60 days. The addition of the new condition in 1989 indicates that the use of the property for the 10 years between 1979 and 1989 for automobile and tire repair and replacement had begun to create off-site parking impacts in the neighborhood.
On May 10, 1990, the City sent a letter to Henry C. Cohen indicating that the use was not in compliance with at least two of the conditions regarding parking and the requirement to acquire an “alternative long term parking site.”
In 1999, the City changed the zoning of the Park Street Commercial District including the subject property from C-2 Central Business District to CC-Community Commercial Zone. As stated above, the CC-Zoning District specifically prohibits this type of use on this site. Therefore the use has been considered a “legal non-conforming use” of the property since at least 1999.
On January 22, 2013, attorney Michael Notaro, on behalf of his client Art Thoms (owner of Washboard V Laundromat at 1198 Park Street), sent a letter of complaint regarding the operations of Big O Tires at 1200 Park Street. The alleged violations were related to three of the 1988/89 Use Permit (UP88-36) conditions governing the use of the property by Big O Tires, including Big O’s failure to secure an off-site parking lot.
On April 29, 2013, Anagha Dandekar Clifford, attorney for Big O, sent a letter to Michael Notaro addressing the issues raised. A two-month survey of availability of off-site parking lots was provided. The off-site parking lot survey did not yield any results, and Ms. Clifford described the new trial valet service Big-O instituted every Saturday to minimize Big-O’s impact on street parking within the business district. Big O implemented the valet service in May of 2013.
In the fall of 2013, City staff received several faxes from Art Thoms and a letter from Mr. Notaro detailing continued violations described in the January 22, 2013 letter. On November 26, 2013, Ms. Clifford stated the October 28, 2013 violations were the exception and not the rule. She stated the Saturday valet service had been extended to a daily service as an alternative to the off-street parking requirement. On December 5, 2013, Mr. Notaro copied city staff on a letter to Ms. Clifford acknowledging certain improved Big O behavior as well as lapses in ideal behavior. Mr. Notaro encouraged continued and more thorough compliance.
On March 12, 2014, Big O submitted an application to amend its 1988 use permit, specifically to remove condition #2 related to an off-street parking lot, and to revise condition #1 related to work outside the structure. This application was suspended in the summer when the nearby Party Warehouse property was put on the market. Big O explained it wanted to pursue the purchase of the Party Warehouse property to gain compliance with the off-street parking lot condition. Over the course of the summer and fall, these negotiations to purchase the property were not completed.
In March 2015 correspondence, Mr. Notaro noted the continued violation of no left turns onto San Jose Avenue and Big O client and employee parking in metered spaces.
On July 13, 2015, the Planning Board held a public hearing to consider Big O’s request to amend its existing Use Permit. The Planning Board reviewed the material, held a public hearing, discussed various options, and continued the matter to the November 9, 2015 meeting. On November 9, 2015, the Planning Board amended several of the Use Permit Conditions. The current use permit conditions, as revised on November 9, 2015, read as follows:
1. All outdoor parking areas shall be cleared of all cars on stationary or stabilizer jacks during evening hours and weekend hours when the business is closed.
2. The applicant shall continue to work to locate and secure a long-term parking site for customer cars, as well as for employees. Once a site is secured, the applicant shall notify the Community Development Department that this condition has been fulfilled.
3. Applicant’s business vehicles(s) shall be stored on the site, not on adjacent residential streets.
4. The site plan, indicating proposed and existing landscaping, treatment of garbage area and area for old and used tires, the number and placement of tire displays during business hours, and signage shall be subject to Design Review, except no additional public notice to adjacent property is necessary. Applicant shall submit pertinent materials no later than February 17, 1989.
5. Applicant shall retain the sign directing customers to turn right toward Park Street from the San Jose Avenue exit to alleviate traffic impacts on surrounding residential areas.
6. No recapping or retreading of tires on the premises.
7. No testing of vehicles in residential areas.
8. The Use Permit shall be reviewed by Planning Staff one year from the date of final approval, and their determination of compliance with conditions of approval shall be reported back to the Planning Board.
Shortly after the Planning Board’s November 9, 2015 meeting, the owners of the Big O franchise at 1200 Park Street purchased the property at 1835 Oak Street in the M-2 General Industry Zoning District. The site provides a large off-street parking area and a large building that is in the process of being remodeled to relocate the entire operation. Big O operators at 1200 Park Street subsequently changed their name to Big Discount Tire Pros.
Based upon separate conversations with Big Discount Tire Pros and the property owner, Mr. Jay Garfinkle, Big Discount Tire Pros will be vacating the site upon termination of their current lease in July, 2017.
It is staff’s understanding, that Mr. Garfinkle would like to sell the property to Big O Tires, which wishes to establish a new tire repair operation on the property at 1200 Park Street upon the departure of the current business.
After staff’s meeting with Mr. Garfinkle to discuss the ongoing issues at the property, Mr. Garfinkle submitted a letter and photographs for the Planning Board’s consideration. Mr. Garfinkle makes the argument that the business has existed successfully at the site for 35 years, that the parking conditions in the neighborhood are no longer apparent, and that the use should be allowed to continue indefinitely without the limitations set by the Planning Board in 2015. (Exhibit 5).
Planning Board Options
Conditional use permits govern the use of land. They “travel” with the land, not the business. So when a business like “Big Discount Tire Pros” vacates the property, the use permit remains with the property and a new, similar business may occupy the property, provided that they comply with all of the conditions of the use permit.
For these reasons, the neighborhood petition is asking the City to modify the use permit to clearly state that the rights conferred by the use permit to operate the non-conforming use will terminate in July 2017. By amending the Use Permit to add a condition of approval to terminate in July 2017, the City would be accomplishing three objectives:
1. Provide enough time for the existing long term local business to relocate to their new site on Oak Street, where they would be a legal conforming use.
2. Ensure that any potential future users of the property know that automobile repair will not be permissible on the property before those users invest significant resources into either purchasing the property or establishing an auto repair use on the property.
3. Bring the property into conformance with the existing zoning requirements, which all other properties in the district are all required to respect.
The Planning Board has four options to consider:
1. Hold a public hearing and amend the Use Permit to add a new condition that reads as follows: “This use permit and the use of the land for automobile repair shall terminate on July 30, 2017.” This option would ensure that all future use of the property conform to the requirements of the CC zoning district.
2. Hold a public hearing and decide to maintain the Use Permit without any amendments. This option would allow the existing legal non-conforming use of the property to continue indefinitely, provided that all future users comply with the eight (8) conditions approved in 2015 and listed above.
3. Hold a public hearing and amend the use permit to eliminate existing condition #2 requiring that existing and future users of the site acquire a second property for the parking of cars. Attachment 5 includes an email from the property owner making the argument for this option.
4. Hold a public hearing and continue the matter to a future date to consider any new information or suggestions provided at the public hearing.
PUBLIC NOTICE and Comments
Property owners and residents within 300 feet of the project’s boundaries were notified of the public hearing and given the opportunity to review and comment on the recommended action. Also, the petition signers received a copy of the notice.
ENVIRONMENTAL REVIEW
This project is determined to be Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to the CEQA Guidelines Section 15301, Existing Facilities.
RECOMMENDATION
Hold a public hearing and amend the existing use permit to include a new condition to read: “This use permit and the non-conforming use of the land for automobile repair shall terminate on July 30, 2017.”
Respectfully Submitted,
Andrew Thomas
Assistant Community Development Director
Exhibits:
1. Petition from the Neighborhood
2. Use Permit 79-3
3. Zoning Administrator Letter from January 28, 1982
4. Use Permit 88-36
5. Letter and photographs from Mr. Jay Garfinkle
6. Draft Resolution