File #: 2017-5035   
Type: ZA Hearing Item
Body: Zoning Administrator Hearing
On agenda: 12/19/2017
Title: PLN17-0124 - 1141 Harbor Bay Parkway - Administrative Use Permit - Applicant: Robert Sweet for Durham School Services. A public hearing to consider an Administrative Use Permit to establish permanent parking for small school buses within the parking lot of an existing office campus in the Harbor Bay Business Park. The proposal is to provide parking for up to twenty-two (22) small school buses designed to transport students with special needs primarily in Alameda and neighboring communities. The operating of the buses will occur Monday to Friday between the hours of 5:00 A.M. to 8:00 P.M. This project qualifies for a Class 1 Categorical Exemption and no additional environmental review is necessary pursuant to CEQA Guidelines Section 15301(a) - operation, permitting or leasing of existing private structures involving negligible or no expansion of use beyond that which exists
Attachments: 1. Exhibit 1 Site Plan & Floor Plan, 2. Exhibit 2 Harbor Bay Business Park Association Approval Letter

Title

 

PLN17-0124 - 1141 Harbor Bay Parkway - Administrative Use Permit - Applicant: Robert Sweet for Durham School Services. A public hearing to consider an Administrative Use Permit to establish permanent parking for small school buses within the parking lot of an existing office campus in the Harbor Bay Business Park. The proposal is to provide parking for up to twenty-two (22) small school buses designed to transport students with special needs primarily in Alameda and neighboring communities. The operating of the buses will occur Monday to Friday between the hours of 5:00 A.M. to 8:00 P.M. This project qualifies for a Class 1 Categorical Exemption and no additional environmental review is necessary pursuant to CEQA Guidelines Section 15301(a) - operation, permitting or leasing of existing private structures involving negligible or no expansion of use beyond that which exists

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CITY OF ALAMEDA

COMMUNITY DEVELOPMENT DEPARTMENT

 

ADMINISTRATIVE USE PERMIT

 

ITEM NO:                     3-A

 

PROJECT

DESCRIPTION:                     PLN17-0124 - 1141 Harbor Bay Parkway - Applicant: Rob Sweet for Durham School Services. A public hearing to consider an Administrative Use Permit to establish permanent parking for small school buses within the parking lot of an existing office campus in the Harbor Bay Business Park. The proposal is to provide parking for up to twenty-two (22) small school buses designed to transport students with special needs primarily in Alameda and neighboring communities. The operating of the buses will occur Monday to Friday between the hours of 5:00 A.M. to 8:00 P.M.

 

GENERAL PLAN:                     Business Park

ZONING:                      C-M-PD, Commercial Manufacturing - Planned Development District

ENVIRONMENTAL

DETERMINATION:                     Categorically Exempt from State CEQA Guidelines, Section 15301(a) - operation, permitting or leasing of existing private structures involving negligible or no expansion of use beyond that which exists.

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 on this proposed project.

EXHIBITS:                     1. Site Plan & Floor Plan

2. Harbor Bay Business Park Association Approval Letter

RECOMMENDATION:                     Approve the project with conditions.

PROPOSAL SUMMARY:

 

The proposal is for an administrative use permit to establish permanent parking for twenty-two small school buses designed to transport students with special needs primarily within Alameda and neighboring communities.  The hours of operation for the facility are Monday through Friday between 5:00 a.m. to 8:00 p.m.  Twenty-two standard parking spaces will be designated for school bus parking along the western corner of the Plaza One office campus. The project is supported by an administrative office within the adjacent building on site, and employs 35 total employees, with no more than 24 employees on site at any given time. Bus services will leave the facility in 15-minute intervals starting at 5:30 A.M. and return to the facility in the afternoon after 3:30 P.M. Durham School Services do not typically produce trips on the weekend. No washing or servicing of vehicles will occur on the project site. Pursuant to Alameda Municipal Code (AMC) 30-4.10(c) the outdoor storage of motor vehicles in the Commercial Manufacturing District requires approval of a use permit.

 

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 subject site is zoned C-M-PD, Commercial Manufacturing - Planned Development and contains an existing office campus located in the Harbor Bay business park. Storage yards for motor vehicles are allowed in the C-M zoning district with the approval of a use permit. The adjacent uses to the west, south and east are zoned C-M-PD and include office and commercial manufacturing uses. The properties to the north are zoned R-2-PD and R-1-A-H-30 and contain an open space park immediately adjacent to the site, which provides a buffer for single-family homes located beyond the park to the north. The parking area for the buses is located at the back of the property with minimal visibility from Harbor Bay Parkway. The parking is also screened from the residential homes to the north by existing landscaping and the open space park. The small school buses are between 14-feet to 17-feet and can be parked within the existing standard parking spaces on the property. The proposed use, conducted in compliance with all conditions which approval is made contingent, will not substantially intensify the existing office activities and associated commercial vehicle traffic.  Therefore, the proposed use is aesthetically, and operationally harmonious with the existing uses in the neighborhood area.

 

2.                     The proposed use will be served by adequate transportation and service facilities, including pedestrian, bicycle and transit facilities. The site is currently developed and does not require additional off-street parking facilities. The facility will have a maximum of twenty-four employees on the site at any time. The proposed permanent parking area for the twenty-two small buses has been approved by the Harbor Bay Business Park Association and the other property owners of the Plaza One office campus. The drivers of the buses will park their cars in the same 22 parking spaces approved for the permanent bus parking, therefore minimizing impact of the proposed use on the office campus parking. Therefore, the subject site contains adequate space to accommodate parking and vehicle circulation for the project. The project site is within a half mile walk of AC Transit Bus Route No. 21 which provides adequate public transportation alternative for the employees. As a school transportation service the proposed use will not generate any parking demand from customers. Furthermore, the school bus service will contribute to the reduction in the number of drive-alone vehicles and school drop-offs in the City by providing bus transportation service for the students with special needs. The site is also within the network of bicycle lanes and walking paths along Harbor Bay Parkway and Shoreline Park which provide adequate pedestrian and bicycle paths.

 

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 applicant plans to operate Monday to Friday from 5:00 a.m. to 8:00 p.m.  The small buses will be parked within standard sized parking spaces located on the northern portion of the property. An adjacent open space park separates the parking area from the nearby residences. Conditions of approval prohibit parking or idling buses in drive aisles. The project is also conditioned to prohibit any vehicle repair, maintenance operations, or washing of vehicles on the site. As conditioned, the project ensures there will not be an adverse impact on the vehicular or pedestrian circulation in the area. The proposed use, conducted in compliance with all conditions upon which approval is made contingent, will not adversely affect property in the vicinity.

 

4.                     The proposed use relates favorably to the General Plan. The proposed site is located within an area designated by the General Plan as Business Park, which permits a variety of office and commercial service uses.  The proposed use is consistent with the Business Park land use designation.

 

CONDITIONS:

1.                     Use Permit:  This parking locations and operations for the small buses shall conform to the plans submitted by Robert Sweet on November 30, 2017, that are on file in the City of Alameda Community Development Department, except as modified by the conditions listed in this report. The requirements of this Use Permit apply to the applicant, as well as to any subsequent owners, assigns, lenders, or successors in interest.

 

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 approval

 

4.                     Hours of Operation: The permitted hours of operation are between the hours of 5:00 a.m. to 8:00 p.m. from Monday to Friday.

 

5.                     Parking lot improvements. Prior to start of operations, the parking stalls of the bus parking area shall be striped to match the existing standard sized parking space dimensions.

 

6.                     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.

 

7.                     Maintenance, Repair, Storage: No maintenance, washing, or repair of vehicles or equipment may be performed on the site or on adjacent public streets. There shall be no storage of inoperable vehicles or parts on the site.

 

8.                     Parking and Idling: No parking shall take place in drive aisles of the property. No idling of vehicles for more than 5 minutes is allowed on the site.

 

9.                     Noise Regulations: All activities conducted on site shall comply with the City of Alameda Noise Ordinance.

 

10.                     Vesting: The Use Permit approval shall expire two (2) years after the date of approval or by December 19, 2019 unless substantial 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.                     Lighting: New exterior lighting fixtures shall be low intensity, directed downward and shielded to minimize offsite glare.

 

12.                     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. The applicant shall properly dispose of all waste litter from the vehicles in accordance with applicable laws to minimize litter in the parking area.

 

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.

 

DECISION:

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:  December 19, 2017_       

                     Zoning Administrator