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PLN18-0048 - 801 Island Dr. - Administrative Use Permit - Applicant: W.E. Lodge Inc. Public hearing to consider an Administrative Use Permit to allow the construction of a four-foot tall, picket-style wood fence on the perimeter of an existing assisted living facility pursuant to AMC Section 30-5.14. This project is located within the C-2 PD, Central Business District Planned Development Zoning District.
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CITY OF ALAMEDA
COMMUNITY DEVELOPMENT DEPARTMENT
ADMINISTRATIVE USE PERMIT
ITEM NO: 3-A
PROJECT
DESCRIPTION: PLN18-0048 - 801 Island Dr. - Administrative Use Permit - Applicant: W.E. Lodge Inc. Public hearing to consider an Administrative Use Permit to allow the construction of a four-foot tall, picket-style wood fence on the perimeter of an existing assisted living facility pursuant to AMC Section 30-5.14. This project is located within the C-2 PD, Central Business District Planned Development Zoning District.
GENERAL PLAN: Office
ZONING: C-2-PD, Central Business Zoning District, Planned Development Combining District.
ENVIRONMENTAL
DETERMINATION: 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.
PROJECT PLANNER: David Sablan, 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. Project Plans
RECOMMENDATION: Approve the project with conditions.
PROPOSAL SUMMARY:
The Water’s Edge Lodge at 801 Island Drive was developed in 1991 and provides assisted living care. The facility currently has a 48” tall wooden picket fence that encloses various open space areas designated for use by the facility’s residents. The applicant is requesting the approval of a Use Permit to permit the expansion of the fencing to enclose the entire project site (Exhibit 1), as required by AMC Section 30-5.14. The new fencing would also include an automated gate with a card reader at the project’s main driveway off of Island Drive, located approximately 56’ feet from the public right of way. As a condition of approval the applicant/developer will be required to install a Knox-Box with an access key for the Alameda Fire Department, or a similar device to provide access for emergency vehicles, to the satisfaction of the Senior Fire Code Compliance Officer.
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 existing assisted living facility has been located at the site since 1991. The proposed fencing will serve as delineation of the facility’s premises to inform both residents and members of the public using nearby public trails of the project site’s boundaries.
2. The proposed use will be served by adequate transportation and service facilities, including pedestrian, bicycle and transit facilities.
The existing assisted living facility has been located at the site since 1991 and was developed with adequate off-street parking and is within walking distance to bus stops for AC Transit Line 21. The expansion of perimeter fencing will not increase demand for transportation 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 substantial deleterious effects on existing business districts or the local economy.
The proposed fencing is designed to minimize visual impact on adjacent public walking trails while still providing delineation between on-site walking paths designated for residents and the adjacent public walking trail. This will allow for the continued enjoyment of the adjacent walking trail for the public and on-site facilities for residents while reducing the potential for conflict between the uses. As conditioned, the front entry gate will provide means for maintaining existing emergency vehicle access.
4. The proposed use relates favorably to the General Plan.
The project relates favorably to the General Plan’s Guiding Policy 6.1.d which promotes the development and retention of private open space to compensate for the shortage of public open space. The project will help maintain the existing private open space on the project site for the residents of the assisted living facility, as well as help maintain the use of the adjacent walking trail that was built as part of the Harbor Bay planned development.
1. Compliance with Plans. Any modification on this site shall be in substantial compliance with the use permit application submittal dated January 23, 2018, by Kathy Moehring, 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: The Use Permit approval shall expire two (2) years after the date of approval or by March 6, 2020 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. Emergency Vehicle Access: The applicant/developer shall provide, as part of permits to install the automated front entry gate, a Knox-Box with keys for entry for the Alameda Fire Department, or other such means to allow emergency vehicle access, to the satisfaction of the Senior Fire Code Compliance Officer.
5. 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.
6. 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 permitting 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: ___