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PLN16-0620 - 2315 Lincoln Avenue - Applicant: Benjamin Winter. A public hearing to consider a Use Permit to allow coworking office space and artist studios with incidental assembly uses in an existing 5,200 square foot, one-story commercial building. The property is located within the NP-G, North Park Street Gateway District where a conditional use permit is required for office use and artist studios on the ground floor pursuant to AMC Section 30-4.25.e This project is categorically exempt from the California Environmental Quality Act (CEQA) Section 15301-Existing Facilities.
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CITY OF ALAMEDA
COMMUNITY DEVELOPMENT DEPARTMENT
ADMINISTRATIVE USE PERMIT
ITEM NO: 3-A
PROJECT
DESCRIPTION: PLN16-0620 - 2315 Lincoln Avenue - Applicant: Benjamin Winter. A public hearing to consider a Use Permit to allow coworking office space and artist studios with incidental assembly uses in an existing 5,200 square foot, one-story commercial building. The property is located within the NP-G, North Park Street Gateway District where a conditional use permit is required for office use and artist studios on the ground floor pursuant to AMC Section 30-4.25.e This project is categorically exempt from the California Environmental Quality Act (CEQA) Section 15301-Existing Facilities.
GENERAL PLAN: Community Commercial
ZONING: NP-G, North Park Street Gateway Zoning 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 the Use Permit application PLN16-0620 with conditions based on the finding in this report.
BACKGROUND:
The subject property at 2315 Lincoln Avenue is a 5,200-square-foot, one story commercial building. The previous uses on the site include a used furniture store in the front of the building and artist studios in the rear. Both uses were established under the C-C, Community Commercial zoning regulations and prior to the City rezoning the property to NP-G in 2013. Under the current NP-G zoning, all office and artist studio uses on the ground floor require a use permit.
PROPOSED PROJECT:
On November 22, 2016, the applicant filed a Use Permit application to: 1) convert the former furniture retail area (approximately 1,300 square feet) to a coworking office space, 2) continue operating the existing 16 artist studios at the rear of the building; and 3) allow incidental special event and assembly uses with extended hours to midnight. The storefront is currently vacant and the existing artist studios are currently being leased.
Coworking Space: Coworking office space involves an open floor plan along the former commercial frontage that will be used as shared office space. Additionally, the space includes private conference rooms. Unlike a traditional office, the proposed coworking space is membership-based and will consists of thirty subscription and day-rental workstations that are open to the public. The space provides access to a functional space offering amenities such as high speed Internet, printers, ergonomic seating, and other standard office resources. The hours of operation will be Monday through Friday from 8:00 a.m. to 6:00 p.m.
Artist Studios: At the rear of the building, the space is divided into 16 individual artist studios. Artists must sign a lease in order to rent a studio on the site and while the artists have access to the studios 24 hours a day, the premise is only open to the public 8:00 a.m. to 6:00 p.m. Monday through Friday. The lease contractually prohibits the use of hazardous material or industrial scale art to be created on site.
Incidental Assembly Uses: The applicant proposes to accommodate entertainment activities such as film screenings, small public assemblies, art exhibits and sales and private events as incidental assembly uses occurring from 6:00 p.m. to midnight. Historically, the artists in the existing artist studios have opened their studios to the public during the Second Friday Artwalk. Art gallery and conference center uses are similar assembly uses that are permitted by right in the NP-G, North Park Street Gateway zoning district. The California Building Code limits the occupancy to 49 persons due to the exiting configuration on the 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 subject site is located within the NP-G, North Park Street Gateway District, and is in a node with multiple zoning districts surrounding it. The properties abutting the site are zoned NP-G, North Park Street Gateway District to the east and west and NP-MU, North Park Street Mixed Use district to the north. The zoning across the street to the south is C-C-T, Community Commercial with a Theatre combining district. The proposed coworking office use and incidental art gallery and conference center uses are fitting in this location.
Coworking space is a new trend in office use as freelance professionals, entrepreneurs, and remote workers seek a flexible workspace that has the potential for interactions with professionals that have unique skill sets. The downtown location of this coworking space is ideal because it is easily accessible to residents of the island as well as to the regional community. Its proximity to the library, eateries, cafes, residential districts, and public transportation creates an opportunity for members of the coworking space to have access to a wide range of facilities in the community. The proposed hours of operation for coworking space will be 8:00 a.m. to 6:00 p.m. Monday through Friday. The existing artist studios in the rear of the building will remain and the artist that lease the studios will continue to have access to the studios 24 hours a day. The artist studios are limited to low-intensity fine art and hand-made crafts such as photography, jewelry making, writing, graphic design, and hand woven articles.
The space along the building frontage will be made available for artists to display and sell their art and for the public to rent for entertainment activities after hours, from 6:00 p.m. to midnight Monday through Friday. Both the incidental uses and the coworking space are consistent with the NP-G zoning classification in providing a mix of commercial workplace and compatible residential uses that support a pedestrian oriented environment. These proposed uses have the potential to transform the subject site into a community and cultural hub for Alameda. This Use Permit does not propose any exterior changes to the building.
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. AC Transit bus routes 51A and O on Santa Clara Avenue, which stop approximately one and a half blocks south of the site, serve the project site. There is no off-street parking but the site is approximately two blocks from the Alameda Civic Center Garage on Oak Street. On-street parking is also widely available in this part of the downtown business district.
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 a functional space work and offers amenities such as high speed Internet, printers, good lighting, and ergonomic seating. The coworking space and incidental uses are low-impact uses. Members of the coworking space will contribute to the local economy and the potential to host arts and cultural events will boost the sense of community in the area. The use will be conditioned to maintain a retail frontage.
4. The proposed use relates favorably to the General Plan. The property is designated Community Commercial and the proposed use is consistent with this designation. Guiding policy 2.5.c outlines supporting Park Street as Alameda’s downtown, the entertainment, cultural, social and civic center of the City, by providing a wide variety of commercial, retail, cultural, and professional services. The proposed coworking space, artist studios and incidental assembly uses directly support Alameda’s downtown by creating a strong and consistent community base in the gateway district.
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 Use Permit. The applicant shall incorporate these conditions of approval into any contract or lease with its tenants. The applicant shall also maintain copies of the tenant contracts or leases onsite for inspection by the City upon request.
2. Compliance with Plans. Any modification on this site shall be in substantial compliance with the use permit application submittal dated November 22, 2016, by Benjamin Winter, on file in the City of Alameda Community Development Department, except as modified by the conditions listed in this report.
3. 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.
4. Approved Uses. This Use Permit approves office and artist studios on the ground floor of a commercial space pursuant to AMC Section 30-4.25.e.The permit also allows for artist studios in the remaining rear portion of the building for artists or artisans, including individuals practicing one of the fines arts or skilled in applied art or craft. The preparation, display, and sale of individually crafted artwork, jeweler, leather craft, hand woven articles, graphic design, photography, and related items are allowed. This permit also allows incidental art gallery and conference center uses including film screenings, art exhibits, small public assembly events, and rental of the storefront to the public for private gatherings.
5. Prohibited Equipment, Materials, and Activities. This use permit expressly prohibits the use of hazardous materials and equipment associated with the creation of industrial scale art, including but not limited to, open flames, welding, work creating saw dust, furnaces (used for glassblowing), firing kilns (used for ceramics), spray solvents, spray paint, corrosive acids, flammable solvents. The use of any of the space for sleeping or residential purposes is expressly prohibited.
6. Alcoholic and Beverage Control. The applicant shall comply with all applicable laws and regulations pertaining to onsite provision and consumption of alcoholic beverages. Any sale of alcohol for off-site consumption is prohibited.
7. Occupancy Load. The maximum occupancy of the building shall be 49 persons at any given time.
8. Retail Frontage. The business shall maintain a transparent storefront presence consistent with the NP-G zoning district goal to maintain a pedestrian-oriented establishment. The storefront windows or doors shall not be obscured during business hours with privacy tint film, closed blinds or curtains, or other visual barriers to the interior space.
9. Hours of Operation. The coworking space hours of operation shall be 8:00 a.m. to 6:00 p.m., Monday through Friday. Incidental entertainment events, private events, and art gallery events shall not extend past midnight. Any changes to business hours shall require the applicant to file a separate application to amend this Use Permit.
10. Noise. Amplified music and live entertainment are prohibited.
11. Signage. The applicant must obtain a City Sign Permit before installing permanent signage for the business.
12. Vesting: The Use Permit approval shall expire two (2) years after the date of approval or by January 17, 2019 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.
13. 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.
14. 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: January 17, 2017___