Title
PLN18-0324 - 2429 Lincoln Avenue - Applicant: Anthony Nguyen for AVN Motorsports. A public hearing to consider an amendment to Use Permit No. UP-82-18 to allow the continuation of an existing 6,600-square-foot automotive repair shop with automotive parts sales. The property is listed on the Historical Building Study List with a “B” designation. No changes are proposed to the exterior of the building. The project is located within the C-C-T, Community-Commercial Theatre Combining District
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CITY OF ALAMEDA
PLANNING AND BUILDING DEPARTMENT
ADMINISTRATIVE USE PERMIT
ITEM NO: 3-B
PROJECT
DESCRIPTION: PLN18-0324 - 2429 Lincoln Avenue - Applicant: Anthony Nguyen for AVN Motorsports. A public hearing to consider an amendment to Use Permit No. UP-82-18 to allow the continuation of an existing 6,600-square-foot automotive repair shop with automotive parts sales. The property is listed on the Historical Building Study List with a “B” designation. No changes are proposed to the exterior of the building. The project is located within the C-C-T, Community-Commercial Theatre Combining District.
GENERAL PLAN: Community Commercial
ZONING: C-C-T, Community Commercial - Theater Combining District
ENVIRONMENTAL
DETERMINATION: This project is categorically exempt from the California Environmental Quality Act (CEQA) Section 15301 - Existing Facilities.
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. Project Plans
RECOMMENDATION: Find the project categorically exempt from CEQA and approve the project with conditions.
PROPOSAL SUMMARY:
The applicant is requesting an amendment to Use Permit UP-82-18 to allow the continued operation of an automotive repair facility at 2429 Lincoln Avenue. The facility would continue to provide automotive services including automotive repair, tire and parts sales, and automotive upholstery services. The existing facility was initially established by Use Permit No. UP-81-17 and subsequently amended by Use Permit No. UP-82-18. Conditions of approval in UP-82-18 requires a use permit amendment to transfer the business to a new applicant, and this amendment would eliminate this condition consistent with current laws governing use permits. This use permit would also broaden the allowed hours of operation for the retail sales operations only, from 7:00 AM to 6:00 PM Monday through Saturday as specified in UP-82-18, to the standard business hours of 7:00 AM to 10:00 PM in the CC District. The hours of operation for the auto repair and tires operations will be between 7:00 AM to 6:00 PM Monday through Saturday. Pursuant to AMC Section 30-4.9A.C(h), Use Permit approval is required for automobile repair shops located in the Community Commercial - Theater Combining District.
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 automotive repair facility is located within the Community Commercial - Theater Combining District which allows such uses with the approval of a Use Permit. The use was previously approved by Use Permit No. UP-82-18. The surrounding neighborhood includes an existing automotive service facility to the west, residential and office uses to the east, and commercial and residential uses to the north and south. The existing automotive service facility is completely enclosed in the subject building minimizing noise and nuisances that may affect the surrounding neighborhood. Additionally, conditions of approval require all vehicles at the facility to be stored inside the building. Furthermore, no changes to the exterior of the building are proposed as part of this project. Therefore, the project is architecturally, aesthetically, and operationally harmonious with the community and surrounding development.
2. The proposed use will be served by adequate transportation and service facilities, including pedestrian, bicycle and transit facilities.
The existing automotive repair shop is located in the downtown mixed use area of the Park Street commercial district which provides adequate service facilities. The site is served by the multiple bus lines including the AC Transit 20, OX, 51A, 851, 19, O, and 21. The proposed use provides adequate access and a drop off area for customers through an access easement on the adjacent property to the west. Therefore, the proposed use is served by adequate transportation and service facilities.
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 proposal is to continue an existing automotive service facility that has been operating at this location for over 36 years. The change in operator will not adversely affect other properties in the vicinity or have a substantial deleterious effects on surrounding area.
4. The proposed use relates favorably to the General Plan.
The project is located in the Community Commercial - Theater Combining Zoning District and is designated Community Commercial by the General Plan. An automotive service facility is consistent with the General Plan designation for the property. The use is allowed in the CC District with the approval of a Use Permit. Therefore, the proposed use is consistent with the General Plan.
1. Previous Use Permit: Conditions relating to the previous Use Permit No. UP82-18 are superseded by Use Permit Approval No. PLN18-0324. All applicable conditions of approval from UP82-18 have been incorporated into this Use Permit.
2. Compliance with Plans. The project shall be completed in substantial compliance with plans prepared by Italo Calpestri III, AIA, dated August 17, 2018, and on file in the City of Alameda Planning and Building Department.
3. 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.
4. Vesting: The Use Permit approval shall expire two (2) years after the date of approval or by September 24, 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.
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. Hours of Operation: The automotive repair and tire service shall operate during normal business hours between 7:00 AM and 6:00 PM Monday through Saturday. The auto parts retail store may operate from 7:00 AM to 10:00 PM Monday through Saturday. Any change to operating hours outside of normal business hours shall require Use Permit approval.
7. Vehicle Parking and Storage: All customer vehicles shall be stored inside the facility. No vehicles shall be parked or stored on the adjacent easement next door or in the public right of way.
8. Signage: All new commercial signage shall be approved by a sign permit application with the Planning Division.
9. 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_