Title
PLN17-0402 - 1201 Harbor Bay Parkway - Administrative Use Permit and Design Review - Applicant: HKS Architects. Public hearing to consider a Use Permit and Design Review to install a screened mechanical equipment yard, and Design Review to modify the site plan, replace windows and make other minor modifications to the building’s exterior. The property is located within the Harbor Bay Business Park
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CITY OF ALAMEDA
COMMUNITY DEVELOPMENT DEPARTMENT
ADMINISTRATIVE USE PERMIT & DESIGN REVIEW
ITEM NO: 3-A
PROJECT
DESCRIPTION: PLN17-0402 - 1201 Harbor Bay Parkway - Administrative Use Permit and Design Review - Applicant: HKS Architects. Public hearing to consider a Use Permit and Design Review to install a screened mechanical equipment yard, and Design Review to modify the site plan, replace windows and make other minor modifications to the building’s exterior. The property is located within the Harbor Bay Business Park
GENERAL PLAN: Business Park
ZONING: C-M-PD, Commercial Manufacturing - Planned Development
ENVIRONMENTAL
DETERMINATION: Categorically Exempt from State CEQA Guidelines, Section 15301 - Existing Facilities.
PROJECT PLANNER: Deborah Diamond, Planner
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. Project Plans -1201 Harbor Bay Parkway
RECOMMENDATION: Approve the project with conditions.
PROPOSAL SUMMARY: The U. S. Government Food and Drug Administration is in the process of making tenant improvements to an existing building in order to modify it for a research and laboratory facility. A Design Review application for enlargement of the building and modifications to the parking was approved under PLN17-0055 on April 24, 2017. This application proposes additional exterior modifications to the building and installation of a screened yard to house a generator and three chiller units, additional modifications to the parking pattern, and improvements to the landscaping.
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.
This property is located in the Harbor Bay Business Park which consists primarily of offices and manufacturing businesses. The research and laboratory use will be consistent with neighboring properties; there are no adjacent residential uses. The exterior enclosure is similar to others that are common in the Business Park. The proposed equipment yard will be screened by walls on all sides. Therefore the project is operationally and aesthetically harmonious with the community and surrounding development.
2. The proposed use will be served by adequate transportation and service facilities, including pedestrian, bicycle and transit facilities.
The proposal is for new tenant improvements to a property that is within a business park 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. The project will not result in a reduction of parking spaces.
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.
There are no significant public health and safety risks associated with the site improvements and the proposed equipment yard is regulated under fire and life safety codes. 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 "Business Park" with uses that include research and development space, manufacturing, and distribution. The proposal is consistent with the Business Park designation.
DESIGN REVIEW FINDINGS:
1. The proposed design is consistent with the General Plan, Zoning Ordinance, and the City of Alameda Design Review Manual.
The project has been reviewed for consistency with City development regulations, policies and design guidelines. The project will involve exterior improvements to existing facilities that are minor in nature and will not cause a substantial increase in traffic, noise, light or shading or otherwise adversely affect neighboring properties.
2. The proposed design is appropriate for the site, is compatible with adjacent or neighboring buildings or surroundings, and promotes harmonious transitions in scale and character in areas between different designated land uses.
Based on review of project plans, this project has been deemed compatible and harmonious with the design and use of surrounding properties. The equipment yard, building finishes, and landscaped areas are visually compatible with both the site and the adjacent business uses and will not otherwise adversely affect neighboring properties.
3. The proposed design of the structure and exterior materials and landscaping are visually compatible with the surrounding development, and design elements have been incorporated to ensure the compatibility of the structure with the character and uses of adjacent development.
The site and adjacent development consist of large commercial buildings surrounded by vast surface parking lots. The improved landscaping will enhance the character of the surroundings and the equipment yard will be screened from view.
1. Compliance with Plans. Any modification on this site shall be in substantial compliance with the use permit application submittal dated August 28, 2017 by EGP 1201 Alameda LLC, and plans dated September 19, 2017, prepared by HKS Architects, Inc., that are 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. Compliance with Conditions. The applicant/property owner shall ensure compliance with all of these 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 and Design Review approval.
4. 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.
5. 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.
6. Landscape. Prior to issuance of building permit the applicant shall complete and submit the City of Alameda’s Landscape Document Package, except that the Soil Management Report Checklist and Appendix A - Certificate of Completion shall be completed and submitted prior to final building permit inspection. The project shall be compliant with the most recently updated Standard Landscaping Conditions of approval on file with the Community Development Department and located in Appendix C of the Package.
7. Stormwater Requirements. The project shall be in compliance with the municipal stormwater permits Provision C3 requirements, if applicable, as determined by the Public Works Department.
8. Lighting. All exterior lighting shall be shielded and directed downward and away from property lines to prevent excessive glare beyond the subject property.
9. Design Review for Future Installations: Future incidental outdoor enclosures on the site that is determined administratively by the Zoning Administrator to be similar to the subject approved enclosure may be approved by design review without an amendment to this use permit.
10. Vesting. The Use Permit approval shall expire two (2) years after the date of approval or by October 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.
11. Expiration of Development Agreement. The subject property is covered by a Development Agreement between the City of Alameda and Harbor Bay Isle Associates, which expires on April 4, 2019. Should the entitlements of this use permit and design review not vest prior to the expiration of the Development Agreement, the applicant is hereby notified that this project will be subject to all current City ordinances and regulations, which may include additional development requirements and impact fees.
12. Recycling. The applicant will comply with Alameda County's Mandatory Recycling Ordinance by procuring adequate recycling and composting capacity from Alameda's franchised waste hauler, Alameda County Industries (ACI).
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, 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 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: October 17, 2017