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PLN17-0589 - Appeal of a Zoning Determination - 1715 Lincoln Avenue, Appellant: Loewke Planning Associates, Inc. on behalf of Keystone Consulting. Public hearing to consider an appeal of the Planning Director’s determination of the subject property’s C-1, Neighborhood Business zoning on the Zoning Map and Neighborhood Business land use designation under the General Plan.
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PLN17-0589 - Appeal of a Zoning Determination - 1715 Lincoln Avenue, Appellant: Loewke Planning Associates, Inc. on behalf of Keystone Consulting. Public hearing to consider an appeal of the Planning Director’s determination of the subject property’s C-1, Neighborhood Business zoning on the Zoning Map and Neighborhood Business land use designation under the General Plan.
BACKGROUND
The Alameda Zoning Map was originally adopted in 1958, along with regulations in the Municipal Code that form the City’s Zoning Regulations (AMC Chapter XXX). All rezoning of property in the City and amendments to the Zoning Map require City Council passage of an ordinance at the recommendation of the Planning Board. These actions by the City Council are documented, and a record of past amendments to the Zoning Map is available for reference.
In the mid-2000s, the City’s Zoning Map was converted from a Mylar paper roll to digital form. In 2011, an error was discovered with the digital file Zoning designation for the subject property at 1715 Lincoln Avenue as part of a Zoning Compliance Determination requested for the property. The property was incorrectly depicted in the digital file as being zoned R-5, Garden Residential District, when the proper City Council adopted zoning for the property is C-1, Neighborhood Business District.
On April 28, 2011, the City issued a Zoning Compliance Determination that described the mapping errors and restated the correct Zoning and General Plan designation on record for the subject property (Exhibit 1). Although the 2011 Zoning Compliance Determination documented the mapping error, no action was taken to correct the map. Exhibit 2 shows the property designation as C-1 on the 2001 Zoning Map immediately prior to the creation of the digital zoning map in 2005.
On December 6, 2017, the property owner’s representative submitted a Zoning Compliance Determination request to the City to verify the zoning of the property. Staff rediscovered the zoning determination made in 2011, and verified that its 2011 conclusion remained valid. Staff then issued another Zoning Compliance Determination that reaffirmed the subject property is zoned C-1 and has a General Plan Land Use designation of Neighborhood Business (Exhibit 3). Pursuant to AMC Section 30-25.1(a), the property owner’s representative filed an appeal of the zoning determination claiming that the property is zoned residential and not commercial (Exhibit 4).
ANALYSIS
The appellant seeks to have the Planning Board review the factual evidence of its appeal in order to:
1. Overturn the staff’s determination that the site is zoned C-1.
2. Overturn the staff’s determination that the site’s General Plan Designation is “Neighborhood Business”.
The subject property is located on the border of the neighborhood business district at Grand and Lincoln (Grand Street Station), adjacent to residential homes.
The appellant argues that the subject property should be zoned R-5 based on the depiction on the digital versions of the zoning map and General Plan Diagram. Staff has concluded that the digital maps had been produced in error and the City records prove the subject property was always zoned C-1 and had never been zoned, or rezoned to, R-5.
A review of historical records reveal that in 1965 there was a rezoning of adjacent properties to reshape the Grand Street Station neighborhood business district boundaries. Several residential properties were rezoned from C-1 to R-5, but the subject property was not a part of the rezoning. Moreover, there has not been any City Council action to rezone the subject property from C-1 to R-5. Furthermore, errors in the creation of the digital form of the City’s Zoning Map do not constitute an automatic rezoning of the subject property.
The digital copy of the General Plan Diagram is based on the original General Plan Diagram created in 1991 with the City’s current General Plan, with subsequent amendments reflected. The General Plan diagram is not intended to provide a parcel-by-parcel designation of acceptable land uses. Within Chapter 1 of the General Plan under the heading of “Using The General Plan”, it is noted that “the purpose of the General Plan Diagram is to depict the desired ultimate land use and street network.” It is also noted that “to make the General Plan diagram readable, it is necessary to omit isolated land use designations smaller than an acre.” The original General Plan Diagram shows that the northeast corner of Grand Street and Lincoln Avenue is designated as Neighborhood Business. In aggregate, the properties at this corner are less than once acre in size. The General Plan Diagram depicts that the desired land use for the properties at the northeast corner of Grand Street and Lincoln Avenue would be maintaining their existing neighborhood business character, this would include the subject property which had operated as a commercial space both prior and subsequent to the adoption of the 1991 General Plan.
A review of the historical use of the property also supports its commercial zoning. The subject property was originally built as a residence in 1940, and then was converted into a commercial space in 1958. This conversion included the construction of a storefront over the original residential front entry, which remains today, and the installation of a sign. Historical business license records also indicate that the property has been occupied by various business establishments in recent decades. Over the years it had been utilized for commercial uses such as a real estate agent’s office, a contractor’s main office, and an antique store. The property was marketed as a commercial space as recently as September 2017.
The property owners would like to sell the property. They have received interest from buyers that would like to purchase the property for use as a residence rather than use for commercial purposes.
Per AMC Sections 30-22.5 and 30-22.6, amendments to the Zoning Ordinance, which include changing zone district boundaries, require that the Planning Board make a recommendation at a publicly noticed hearing to the City Council on the proposed amendment and that the City Council hold two public hearings to adopt the recommended amendment by ordinance. There is no record of any of these hearings occurring between 2004 and 2018. Although a mapping error was clearly made in the mid-2000s, when the digital map was created, mapping errors do not constitute automatic rezoning of the property.
Since there is no evidence that the Planning Board or City Council ever took any action to rezone the property from commercial to residential, the Planning Board has no ability to overturn the staff determination that the site is zoned C-1.
However, should the Planning Board believe there are merits to restoring the property back to its original residential use, from prior to 1958, then the Planning Board may advise the applicant to file an application to rezone the property. Such an application would begin the public process of rezoning.
ENVIRONMENTAL REVIEW
This appeal of an administrative zoning determination is not a project subject to the California Environmental Quality Act, because any action by the Planning Board on the appeal will not immediately result in a change of the property zoning.
PUBLIC NOTICE and Comments
Property owners and residents within 300 feet of the project’s boundaries were notified of the public hearing and given the opportunity to review and comment on the proposal. As of the writing of this report, no comments have been received by staff.
RECOMMENDATION
Uphold staff’s Zoning Compliance Determination.
Respectfully submitted,
Andrew Thomas, Assistant Community Development Director
By,
David Sablan, Planner II
Exhibits:
1. 2011 Zoning Compliance Determination for 1715 Lincoln Ave
2. Portion of 2001 Zoning Map
3. 2017 Zoning Compliance Determination for 1715 Lincoln Ave
4. Appeal of 2017 Zoning Compliance Determination