Title
PLN18-0118 - 1710 Lincoln Ave. - Administrative Use Permit - Applicant: Duane Grummer. Public hearing to consider an Administrative Use Permit to permit an indoor children’s play land and party venue. An existing 4,200 square foot commercial space will be used as an indoor children’s play area, rentable party space on weekends, and small instructional classes. This project is located within the C-1, Neighborhood Business Zoning District where commercial recreation uses require a use permit.
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CITY OF ALAMEDA
COMMUNITY DEVELOPMENT DEPARTMENT
ADMINISTRATIVE USE PERMIT
ITEM NO: 3-A
PROJECT
DESCRIPTION: PLN18-0118 - 1710 Lincoln Ave. - Administrative Use Permit - Applicant: Duane Grummer. Public hearing to consider an Administrative Use Permit to permit an indoor children’s play land and party venue. An existing 4,200 square foot commercial space will be used as an indoor children’s play area, rentable party space on weekends, and small instructional classes. This project is located within the C-1, Neighborhood Business Zoning District where commercial recreation uses require a use permit.
GENERAL PLAN: Neighborhood Business
ZONING: C-1, Neighborhood Business Zoning 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.
BACKGROUND/PROPOSAL SUMMARY:
The commercial tenant space at 1710 Lincoln Avenue operated as a children’s play land and rental party space from 2006 to 2013. In 2013, the business was abandoned and replaced by indoor instructional batting cages. In 2014, the City amended its Zoning Regulations creating a new land use classification for “commercial recreation,” which is defined as “recreational uses of an entertainment or amusement nature that are conducted within a building for commercial purposes.” The proposed children’s play land and rental party space falls within the definition of a commercial recreation. The proposed use is distinguished from instructional batting cages, in that the latter primarily focuses on private training and skills enrichment rather than providing entertainment or recreation as a form of entertainment that are characteristic of commercial recreation uses. As part of the 2014 Zoning Ordinance amendment, the property’s C-1, Neighborhood Business Zoning District regulations were also amended to require approval of a use permit for commercial recreation uses. The proposed business will utilize the 4,200 square foot tenant space for an indoor children’s play area and will have rentable party space on weekends. Small instructional classes for up to 30 individuals on parenting-related topics will be provided as an incidental use. The proposed hours of operation are: 9:00 AM to 6:00 PM seven days a week.
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 commercial property is located at 1710 Lincoln Ave and is designated as Neighborhood Business in the General Plan. The Neighborhood Business district emphasizes a variety of retail and personal service uses serving the surrounding neighborhood. The proposed commercial recreation use is intended to serve and provide Alameda residents with a venue for indoor play areas, instructional classes, and rentable party space. The proposal does not involve 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 property is fully developed and does not require additional service facilities. The project site is within walking distance to bus stops for AC Transit Lines O, 19 and 51A. As conditioned the applicant/developer will be required to obtain the proper encroachment permits to install a new bike rack within the public right of way. Unmetered street parking is available in the Neighborhood Business district at the Grand Street and Lincoln Avenue intersection. The same use operated on the subject property between 2006 and 2013 without creating any problems related to parking or access.
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 commercial recreation use will not affect the surrounding properties, hurt existing business districts or the local economy. The proposed use is a low-intensity use that is consistent with the neighborhood-oriented commercial uses that make up the Neighborhood Business Zoning District. The same use operated on the subject property between 2006 and 2013 without creating any deleterious effects on adjacent properties, business districts or the local economy.
4. The proposed use relates favorably to the General Plan.
The project relates favorably to the General Plan’s Guiding Policy 2.5.a which calls for providing enough retail business and services space to enable to realize its full retail sales potential and provide Alameda residents with the full range of retail business and services. The business will provide an opportunity for indoor play areas and rentable party space for Alameda residents. There are currently few indoor play facilities for children and families in Alameda, and the proposed use would serve this community need.
1. Use Permit: This use permit approves an approximately 4,200-square-foot indoor children’s play land and rental party space. As an incidental use, the business may hold classes for up to 30 individuals.
2. Hours of Operation: Any changes to the hours of operation that extends into the hours between 10:00 PM and 7:00 AM shall require an amendment to this use permit pursuant to AMC Section 30-4.8(c).
3. Compliance with Plans: Any modification on this site shall be in substantial compliance with the use permit application submittal dated March 1, 2018, by Duane Grummer, on file in the City of Alameda Community Development Department, except as modified by the conditions listed in this report.
4. 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.
5. Bike Rack: Prior to the issuance of a Certificate of Occupancy, the applicant shall obtain all required Encroachment Permits to install one bike rack in the public right of way in front of the business. The installation of the bike rack shall comply with the City of Alameda Bicycle Facility Design Standards, including but not limited to:
a. A rack that allows for two bicycles to be concurrently fastened at two locations on each bicycle, such as an “inverted U” rack.
b. If the bicycle rack is installed on the curb side of the sidewalk, the bicycle rack shall be installed parallel to the curb and maintain a minimum three feet of clearance from the face of curb. Location and placement of the rack shall be subject to Public Works Department approval.
6. Vesting: The Use Permit approval shall expire two (2) years after the date of approval or by April 2, 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.
7. 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.
8. 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: