Title
PLN18-0305 - 2530 Clement Ave - Applicant: Thornton Weiler on behalf of Peter Dreyfus. A public hearing to consider an Administrative Use Permit to convert an existing 1,470-square-foot warehouse into a Work/Live unit. The warehouse is located behind a single-family residence at the front of the property, which is not a part of this project. The project is located within the NP-MU, North Park Street - Mixed Use) Zoning District
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CITY OF ALAMEDA
PLANNING AND BUILDING DEPARTMENT
ADMINISTRATIVE USE PERMIT
ITEM NO: 3-A
PROJECT
DESCRIPTION: PLN18-0305 - 2530 Clement Ave - Applicant: Thornton Weiler on behalf of Peter Dreyfus. A public hearing to consider an Administrative Use Permit to convert an existing 1,470-square-foot warehouse into a Work/Live unit. The warehouse is located behind a single-family residence at the front of the property, which is not a part of this project. The project is located within the NP-MU, North Park Street - Mixed Use) Zoning District.
GENERAL PLAN: Medium Density Residential
ZONING: NP-MU, North Park Street - Mixed Use
ENVIRONMENTAL
DETERMINATION: This project is categorically exempt from the California Environmental Quality Act (CEQA) Section 15301 - Existing Facilities.
PROJECT PLANNER: David Sablan, AICP, 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
2. Work/Live Boundaries
3. Phase I Site Assessment
RECOMMENDATION: Find the project categorically exempt from CEQA and approve the project with conditions.
PROPOSAL SUMMARY:
The applicant is proposing to convert an existing warehouse into a Work/Live unit, which requires a use permit within the NP-MU Zoning District in conformance with the City’s Work/Live Ordinance (Alameda Municipal Code (AMC) Section 30-15). The project site currently has a single family residence, built in 1906, at the front of the property and the subject 1,470 square foot warehouse building, built in 1966, at the rear of the property. The driveway and area between the buildings are currently unimproved, but are still used for off-street parking for both buildings. The warehouse building has been used by various businesses, mostly as storage, over the years. The applicant will remodel the interior of the warehouse to create a 441 square foot living area that is fully integrated into the floor plan of the commercial space. The applicant will also install new windows along the east and south elevations, and replace the existing roll up door on the south elevation. The existing driveway and parking areas will be improved with decomposed granite and turf-stone pavers. This will bring the property into compliance with AMC Section 30-7.16, which requires parking surfaces to be smoothly graded, stabilized, all weather and dustless with adequate drainage. The applicant is also proposing approximately 750 square feet of new landscaped area, which qualifies this project as a covered project under the City’s Bay Friendly and Water Efficient Landscape Ordinance (WELO). The 750 square feet of new landscaping will qualify the project for WELO’s Prescriptive Option of compliance. Staff recommends a condition of approval that requires landscape plans submitted for building permits are in compliance with Appendix D of the Landscape Document Package Checklist, which is the Prescriptive Compliance option for projects with less than 2,500 square feet of new landscaped area.
The City’s Work/Live Ordinance was established to allow for tenant spaces that are primarily for commercial/industrial uses to accommodate the proprietor residing in the space as a secondary land use activity. The Work/Live Ordinance requires the approval of a Use Permit for all Work/Live Units and originally restricted Work/Live units to the M-1, M-2, and C-M Zoning Districts. The City adopted the North Park Street Zoning District and its constituent sub-districts in 2013, and Work/Live units were conditionally permitted in the NP-W Zoning District. Work/Live Units are also restricted to a specific area in the City, with boundaries of Tilden Avenue to the East, Buena Vista Avenue to the South, Sherman Ave to the West, and the Oakland Estuary to the North. The project site is located within the location requirements of the Work/Live Ordinance, see Exhibit 2.
The project meets the development standards for Work/Live units as prescribed by AMC Sections 30-15.4 and 30-15.5:
• The Work/Live unit is 1,470 square feet, greater than the minimum 1,000 square feet.
• The area reserved for living space is 441 square feet, which is less than the maximum 30% of the total work/live studio space.
• The Work/Live Unit is required to provide a minimum of two off-street parking spaces, which currently exist on the property and will be maintained.
• The building the Work/Live unit is being proposed was originally designed for commercial or industrial uses. The proposed interior changes will only create 441 square foot living space, while the rest of the space will continue to accommodate commercial and industrial uses.
• The living area of the Work/Live unit is integrated into the work spaces:
o Doors and walls are only proposed for the bathroom and sleeping area.
o There is a single pedestrian entrance to the Work/Live unit.
o There are no walls separating the food preparation area from the work space.
• The applicant submitted a Phase I Site Assessment of the property (Exhibit 3), that determined there is no soil contamination on-site.
The proposed design of the Work/Live Unit maintains a bona fide commercial space with the living quarters being incidental and fully integrated. Staff is recommending several conditions of approval to ensure that this balance and integration between the commercial space and living area be maintained, and if changes are proposed they are reviewed by the City to ensure continued compliance with the Work/Live Ordinance.
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 neighborhood has a mix of residential, commercial and light industrial uses. The stated intent of the NP-MU Zoning District is to provide regulations for a mixed-use area with commercial and residential uses. The subject property itself has had a single family residence and warehouse on the same lot since 1966, with no records of incompatibility, both between structures on the same lot and other residential properties in the neighborhood. The project will not materially alter the intensity of the existing commercial use.
2. The proposed use will be served by adequate transportation and service facilities, including pedestrian, bicycle and transit facilities.
The project site is fully developed and will maintain the required off-street parking required for the existing single family residence and the proposed Work/Live studio. The project will not increase the demand on existing transportation and service facilities, and will improve the existing off-street parking to reduce on-site dust. Additionally, by providing the opportunity for the proprietor of the business a living space in unit, the project will remove a work-time commuter from the neighborhood.
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 project will maintain an existing commercial space, and will add a living area on-site to open the space up to new markets. The neighborhood is zoned for the mixture of commercial and residential uses, and the added living area within the unit will not have an adverse effect on surrounding businesses. The neighborhood currently has several residences mixed with commercial uses, as is anticipated by the neighborhood’s zoning.
4. The proposed use relates favorably to the General Plan. The project provides for and makes feasible reuse of an existing industrial building that provides entrepreneurs and business to continue to work in Alameda. The project will also reduce traffic and associated adverse environmental impacts by reducing the number and length of work-related trips by employed Alameda residents. The proposed work/live would will also allow activities that are compatible with other uses in the neighborhood.
5. The proposed or existing use of each work/live is a bona fide commercial or industrial activity consistent with AMC Section 30-15.5d.
The existing structure has been a bona fide commercial building since its construction, and the project will only result in convert an area less than 30% of the existing unit space into a living area. The remainder of the unit will remain a commercial space.
6. The establishment of the work/live studio within the building has been designed to ensure that they will function predominantly as work spaces with incidental residential accommodations meeting basic habitability requirements in compliance with applicable regulations.
The commercial space will retain its large wide open floor plan while converting a corner of the building into a living space. The living space, in particular the kitchen and living room area are fully integrated into the open floor plan, and only the sleeping quarters and bathroom will be walled off from the rest of the unit. The project is conditioned so that changes to this floor plan must receive approval from the Planning Director.
7. Any building containing work/live studios and each work/live studio within the building has been designed to ensure that they will function predominantly as work spaces with incidental residential accommodations meeting basic habitability requirements in compliance with applicable regulations.
The existing commercial building will maintain its status as a bona fide commercial building. The living area has been designed and located to avoid interruption of the commercial space. The proposed living area will meet all applicable residential building codes.
8. Any changes proposed to the exterior appearance of the building will be compatible with adjacent commercial or industrial uses where all adjacent land is zoned for commercial or industrial uses. If there is adjacent residentially-zoned land, then the proposed changes to the building shall make the commercial or industrial building being converted more compatible with the adjacent residential area.
The proposed exterior changes consist of the installation of new windows near the proposed living area. The proposed windows are architecturally consistent with the commercial building, while still allowing for adequate light and ventilation to the living area and emergency egress for the new bedroom.
1. Compliance with Plans. Any modification on this site shall be in substantial compliance with the use permit application submittal dated August 6, 2018, by Thornton Weiler, on file in the City of Alameda Planning and Building 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 Planning and Building Department for review and approval.
3. Vesting: The Use Permit approval shall expire two (2) years after the date of approval or by September 24, 2020 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.
4. Landscaping: Landscape Plans submitted as part of the building permit application shall demonstrate compliance with Appendix D of the City’s Landscape Document Package.
5. Work/Live Requirements:
a. Work/Live Permit Required: The tenant of the Work/Live studio must obtain a work/live permit prior to occupancy. Such permit shall be issued by the Planning Director based on a determination that the proposed occupancy is consistent with the approved use permit and all applicable requirements of this section. Application for a Work/Live permit shall be made to the Planning Department in a writing on a form approved by the Department and shall be accompanied by a fee as set by resolution of the City Council
b. No Separate Sale or Rental of Portions of Unit: No portion of the work/live studio may be separately rented or sold as a commercial space for a person or persons not living in the premises or as a residential space for a person or persons not working in the same studio.
c. Business License Required: At least one (1) occupant of each work/live studio shall maintain a current City of Alameda business license for a business located in that studio.
d. Notice to Occupants Required: The owner shall provide written notice to the work/live occupant and users that the surrounding area may be subject to levels of noise, dust, fumes, or other effects associated with commercial and industrial uses at higher levels than would be expected in residential areas. State and Federal health regulations notwithstanding, noise and other standards shall be those applicable to commercial or industrial properties in the district where the project is located. For purposes of noise control, work/live studios shall be classified as commercial property under Table II in Section 4-10.4 of the Alameda Municipal Code.
e. Change of Use From Work/Live Studio: Any change to the approved Work/Live Studio shall be submitted to the Planning and Building Department for review and approval.
f. Increase in Residential Use: The work/live studio shall not be changed to increase the floor area devoted to residential use without review and approval of the Planning Director. In no case shall the floor area devoted to residential use be increased to more than four hundred (400) square feet or thirty (30%) percent of the gross floor area of the unit whichever is more.
g. Deed Restriction Required: The owner of the building containing the work/live studio shall record a notice on the property specifying the limitations of use and operation included in the use permit.
h. On-premises Sales: On-premises sales of goods is limited to those produced within the work/live studio. Retail sales of goods produced within the work/live studio shall be incidental to the primary work use in any building used exclusively for work/live occupancy. These provisions shall permit participation in occasional open studio programs and gallery shows.
i. Nonresident Employees: Up to two (2) persons who do not reside in the work/live studio may work in the studio unless such employment is expressly prohibited or limited by the use permit because of potential detrimental effects on persons living or working in the building or on commercial or industrial uses or residentially-zoned areas in the vicinity of the subject property. The employment of three (3) or more persons who do not reside in the work/live studio may be permitted subject to a use permit amendment based on additional findings that such employment will not adversely affect traffic and parking conditions in the area where the work/live studio is located. The employment of any persons who do not reside in the work/live studio shall be subject to all applicable Building Code requirements.
j. Client and Customer Visits: Client and customer visits to work/live studios are permitted subject to any conditions that may be imposed by the use permit in order to ensure compatibility with adjacent commercial or industrial uses or adjacent residentially-zoned areas.
6. 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.
7. 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 Planning and Building 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 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: September 24, 2018 ___