Title
PLN17-0276 - 1690 Orion Street - Administrative Use Permit - Applicant: Peter Benoit for Astra Space, Inc. Public hearing to consider a Use Permit application for the establishment of new outdoor storage tank enclosures, an eight-foot high security fence around the perimeter of the property, and the placement of storage containers on the property. This use permit is also intended to allow other incidental outdoor installations that support this facility. The property is located within the AP-E1 (Alameda Point - Enterprise 1) zoning district.
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CITY OF ALAMEDA
COMMUNITY DEVELOPMENT DEPARTMENT
ADMINISTRATIVE USE PERMIT AND DESIGN REVIEW
ITEM NO: 3-C
PROJECT
DESCRIPTION: PLN17-0276 - 1690 Orion Street - Administrative Use Permit - Applicant: Peter Benoit for Astra Space, Inc. Public hearing to consider a Use Permit application for the establishment of new outdoor storage tank enclosures, an eight-foot high security fence around the perimeter of the property, and the placement of storage containers on the property. This use permit is also intended to allow other incidental outdoor installations that support this facility. The property is located within the AP-E1 (Alameda Point - Enterprise 1) zoning district.
GENERAL PLAN: AP-2, Alameda Point Inner Harbor Mixed Use
ZONING: AP-E1, Alameda Point - Enterprise 1 District
PROJECT PLANNER: Henry Dong
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. Application
2. Project Plans
PROPOSAL SUMMARY: The applicant, Astra Space, Inc., proposes new outdoor storage tank enclosures for a 6,000 gallon liquid oxygen tank, a 6,000 gallon liquid nitrogen tank, an approximately 20 sq. ft. helium module enclosure, and one helium vaporizer. The outdoor enclosures will also contain fuel, water, and other materials essential to the primary operations of the facility. An area located at the southern portion of the property will be designated for storage of shipping containers. An eight-foot high security fence and mechanical gates are proposed around the perimeter of the property. This use permit is also intended to allow other incidental outdoor installations in the future that support the Astra Space facility. Such future installations are subject to design review regulations.
RECOMMENDATION: Find that the project and any future incidental outdoor installation will not cause any significant adverse effects to the environment and is Categorically Exempt under CEQA Guidelines, Section 15301. Approve Conditional Use Permit and Design Review PLN17-0276 with conditions based on the following findings:
USE PERMIT 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 project consists of outdoor tank enclosures for liquid nitrogen, liquid oxygen, fuel, water, and other materials essential to the primary operations of the facility. The site is suitable and adequate for the proposed equipment because the facility has been historically utilized for similar jet engine research and development. This research and development use conforms to the property’s commercial-manufacturing zoning which is developed for many industrial, research and development, and manufacturing uses. The new storage containers area and fencing are essential for the primary operations and security of the facility. Therefore, the proposed outdoor uses are compatible with the surrounding development.
2. The proposed use will be served by adequate transportation and service facilities, including pedestrian, bicycle and transit facilities.
The proposal includes new outdoor storage enclosures for a research & development use within a commercial manufacturing area served by adequate transportation facilities. This project and any future incidental installations will not result in any changes to the existing pedestrian, bicycle, or transit facilities adjacent to the site, nor would the project jeopardize the safety of people using such facilities or services.
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 deleterious effects on existing business districts or the local economy.
There are no significant public health and safety risks associated with the proposed outdoor storage tank enclosures, storage containers, and a security fence which is regulated under fire and life safety codes. The use is consistent with historic research & development operations in the building which has been used for jet engine development. The project and any future incidental installations must comply with all applicable safety standards and requirements such that the use does not pose any significant public health risk. Compliance with these safety measures and the recommended conditions of approval would ensure that any adverse effects of the proposal on the welfare of the public are avoided, including deleterious effects on businesses and the local economy.
4. The proposed use relates favorably to the General Plan.
The General Plan designates this area as AP2, Alameda Point Inner Harbor with uses including research and development and light industrial. The proposed outdoor storage and security fencing are incidental to the primary research and development use that is consistent with the AP2 general plan designation.
COMMUNITY DEVELOPMENT DEPARTMENT 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 construction being stopped, issuance of a citation, and/or modification or revocation of the Use Permit approval.
2. Compliance with Laws: The applicant shall comply with current and future rules of the U.S. Environmental Protection Agency, the California Environmental Protection Agency, California Fire Code, California Health and Safety Code, California Code of Regulations, Alameda Municipal Code, and other regulations governing the use, storage, handling and transportation of hazardous material.
3. Compliance with Regulatory Approvals: The applicant shall comply with any applicable provisions and permits required from any federal, state, or regional agencies, including, but not limited to, the Bay Area Air Quality Management District, Regional Water Quality Control Board, and Alameda County Department of Environmental Health.
4. Building/Fire Permits: The applicant shall submit separate plans and documents, permit applications, and fees as required to obtain necessary building and fire/hazardous materials permits.
5. Building Permit Plans: The plans submitted for building permit and construction of the RTO facility shall be in substantial compliance with documents submitted by Peter Benoit, Architect, attached as Exhibit 2, and on file in the office of the City of Alameda Community Development Department, except as modified by the conditions listed in this letter. A copy of these conditions of approval shall be printed on the cover of the final building permit plans.
6. Design Review for Future Installations: Future incidental outdoor installations on the site be subject to design review regulations in AMC Section 30-37.
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. Vesting: The Use Permit approval shall expire two (2) years after the date of approval or by June 13, 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.
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.
DECISION:
Environmental Determination
The Zoning Administrator has determined that this project does not involve a significant expansion of an existing use and will not have a significant effect on the environment. Therefore, it is categorically exempt from further environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines, under Section 15301(a) - Existing Facilities, for the operation, permitting, or leasing of existing private structures involving negligible or no expansion of use beyond that which exists.
Use Permit
The Zoning Administrator approves the Use Permit and Design Review 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 13, 2017 ___
Zoning Administrator