Title
PLN17-0376 - 2528 Blanding Avenue - Applicant: Christopher Wood for Mathnasium, LLC. Public hearing to consider a Use Permit application for the operation of a math tutoring center within an existing commercial space pursuant to Alameda Municipal Code (AMC) 30-4.25(e)(iii). This project is categorically exempt from the California Environmental Quality Act (CEQA) per Section 15301 - permitting use of existing structures that involves negligible expansion of existing use
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CITY OF ALAMEDA
COMMUNITY DEVELOPMENT DEPARTMENT
ADMINISTRATIVE USE PERMIT
ITEM NO: 3-A
PROJECT
DESCRIPTION: PLN17-0376 - 2528 Blanding Avenue - Applicant: Christopher Wood for Mathnasium, LLC. Public hearing to consider a Use Permit application for the operation of a math tutoring center within an existing commercial space pursuant to Alameda Municipal Code (AMC) 30-4.25(e)(iii). This project is categorically exempt from the California Environmental Quality Act (CEQA) per Section 15301 - permitting use of existing structures that involves negligible expansion of existing use.
GENERAL PLAN: Community Commercial
ZONING: W-NP, North Park Street - Workplace District.
PROJECT PLANNER: Henry Dong, Planner II
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 for the proposed project.
EXHIBITS: 1. Use Permit Application
2. Project Plans
RECOMMENDATION: Approve the project with conditions.
PROPOSAL SUMMARY:
The proposal is a use permit to allow an approximately 1,900-square-foot math tutoring facility within the existing commercial space previously occupied by Curves. The facility will house the new Mathnasium tutoring service where students visit one hour at a time for math instruction from a team of instructors. Mathnasium will have a maximum of 14 students in the facility at any one time. Materials include tables, chairs, and instruction materials in a well-lit open area. The existing parking lot provides 24 parking spaces which can accommodate the proposed use and the existing boat sail manufacturing business on the same lot. The facility will operate during normal business hours 7:00 AM to 7:00 PM Monday through Saturday. Pursuant to AMC Section 30-4.25(e)(iii), this proposal requires a use permit because the use is not listed within the W-NP District but is substantially similar to a use specified as a permitted or conditional use in the District.
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 commercial property is located within the W-NP, North Park Street - Work Place zoning district and the property is designated Community Commercial in the General Plan. The W-NP district emphasizes a mix of workplace, commercial, light industrial, and manufacturing uses adjacent to the Clement and Blanding Avenue truck routes. The surrounding properties are within also the W-NP and North Park Street - Mixed-use districts and contain commercial businesses. Residential properties are located to the south. The W-NP District allows uses such as schools and day care centers with the approval of a use permit. The proposed math tutoring facility is substantially similar to these uses and may be approved by the Zoning Administrator through a use permit pursuant to Alameda Municipal Code (AMC) 30-4.25(e)(iii). Additionally, commercial uses such as the math tutoring services are compatible with the surrounding businesses in the W-NP district. The proposal does not involve new structures or design changes to the exterior of the building.
2. The proposed use will be served by adequate transportation and service facilities, including pedestrian, bicycle and transit facilities.
The proposed math tutoring service is located within the pedestrian oriented North Park Street commercial area, is fully developed, and does not require additional service facilities. The twenty-four (24) existing parking spaces on the property can easily accommodate the twelve (12) parking spaces required for the existing boat sail manufacturer and the six (6) parking spaces required for the proposed use. Additionally, the site is within one half block of a transit stop served by AC Transit bus routes 19, 851, 51A, and W. The site. The proposed use is served by adequate transportation and service facilities, and is near a bike route along Broadway.
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 math tutoring service will not adversely affect the surrounding properties, hurt existing business districts or the local economy. The proposal is a low-intensity use that is consistent with the pedestrian-oriented commercial uses that make up the North Park Street commercial area. The existing parking lot provides adequate drop off and parking for the proposed use. The proposed use will occupy an existing retail space and will operate during normal business hours. Furthermore, the parents of the students may frequent the surrounding commercial businesses as they wait for tutoring sessions to complete, potentially increasing business for the surrounding area. The proposal does not involve new structures or design changes to the exterior of the building.
4. The proposed use relates favorably to the General Plan.
The Community Commercial land use designation allows uses such as “small retail stores, department stores, motels, automobile sales and service, and offices, depending on location.” The proposed math tutoring service use will provide a low intensity use compatible with this Community Commercial General Plan designation. The proposal is consistent with the General Plan because the proposed use would not have any negative impacts upon the surrounding properties and commercial businesses. General Plan Policy 2.5.h encourages mixed use development including retention and addition of childcare centers and services in retail areas. The proposed use provides afterschool math tutoring services to young students and is compatible with this General Plan policy.
1. Compliance with Plans. Any modification on this site shall be in substantial compliance with the use permit application submittal dated September 19, 2017, by Christopher Wood, 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. Vesting: This Use Permit approval shall expire two (2) years after the date of approval or by September 19, 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.
4. Signs: The applicant must obtain a separate City Sign Permit before installing permanent business signage, including window signs.
5. Waste, Recycling, and Composting: The establishment shall recycle cans or bottles that are subject to the State of California Container Deposit Law and comply with all local, state, and regional laws requiring source-separation of waste material for recycling and composting.
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 involves reuse of an existing commercial building.
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: September 19, 2017 ___