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PLN18-0414 - 2424 Central Avenue - Applicant: Kaiser Foundation Health Plan, Inc. Public hearing to consider an Administrative Use Permit to allow an approximately 4,000-square-foot medical office within the front 50% of a retail space. Office uses located in the front half of a retail space requires a use permit pursuant to AMC 30-4.9A. No substantial changes are proposed to the exterior of the building.
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CITY OF ALAMEDA
PLANNING AND BUILDING DEPARTMENT
ADMINISTRATIVE USE PERMIT
ITEM NO: 3-A
PROJECT
DESCRIPTION: PLN18-0414 - 2424 Central Avenue - Applicant: Kaiser Foundation Health Plan, Inc. Public hearing to consider an Administrative Use Permit to allow an approximately 4,000-square-foot medical office within the front 50% of a retail space. Office uses located in the front half of a retail space requires a use permit pursuant to AMC 30-4.9A. No substantial changes are proposed to the exterior of the building.
GENERAL PLAN: Community Commercial
ZONING: C-C-T, Community Commercial Zoning District, Theatre Combining District
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
RECOMMENDATION: Find the project categorically exempt from CEQA and approve the project with conditions.
PROPOSAL SUMMARY:
The project site had been occupied by the real estate offices of Gallagher and Lindsey starting in 1976. In 2002 the project site was rezoned into the newly created C-C Zoning District, which requires a use permit for ground floor office uses that occupy the front 50% of a storefront. At that time the real estate office became a non-conforming use. The applicant is seeking approval of a conditional use permit to allow the non-conforming real estate office use be changed to a medical office use, as required by Alameda Municipal Code (AMC) Sections 30-49A(c) and 30-20.2.
The project site is located on the lower floor and at the southeast corner of Central Avenue and Park Avenue. The applicant is proposing a 666 square foot waiting room adjacent to the Central Avenue storefront and will maintain the existing storefront windows that wrap around the building. The remainder of the tenant space will be dedicated to exam rooms and administrative offices. Along Park Avenue at the east end of the building there are three aluminum horizontal slider windows that are not original to the building. The applicant is proposing to replace these existing windows with new wood double hung windows to better match the architecture of the building. New walls will be built directly behind two of these windows as part of the interior remodel. The applicant is proposing an opaque film over the glazing of these two windows to obscure the new walls directly behind the windows. Staff recommends a condition of approval that the opaque film not be used and that instead the applicant install a natural and durable window treatment to obscure the new interior walls directly behind the windows.
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 project site is located at the edge of the C-C-T Zoning District, using the space for a professional office will not interrupt the street facing retail, services, and restaurants that exist in the Park Street Business District. Furthermore, the wide open storefront windows will remain and a highly trafficked waiting area will be visible from the street.
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. Off-street is available on all surrounding streets, the project site is within walking distance of the Alameda Civic Center Parking Garage and stops for several AC Transit bus routes, including 51A, 20, 19, and O.
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.
Office use is permitted in the C-C zoning district on upper floors or in tenant spaces that do not have street frontage; the intent is to reserve sites with ground floor street frontage for retail and restaurant uses. This site has been used as professional office since the 1970s, granting this use permit will not impair the neighborhood’s ability to accommodate existing and future retail and restaurant uses.
4. The proposed use relates favorably to the General Plan.
Guiding Policy 2.5.a states the City should provide enough service space, which would include professional offices, to provide Alameda residents with the full range of retail business and services. The project is part of the expansion of health care services provided by the existing Kaiser Permanente medical center for Alameda residents.
1. Compliance with Plans. Any modification on this site shall be in substantial compliance with the use permit application submittal dated received on September 13, 2018, prepared by Thomas L. Chytrowski, 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 October 15, 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. Window Schedule: The final plans submitted for Building Permit plans shall incorporate the approved window schedule, with the following changes:
a. Opaque film will not be used as originally described on Sheet A2.1, Key Note #3. The applicant/developer shall instead propose a natural appearing and durable window treatment to obscure the proposed interior walls, subject to the approval of the Planning and Building Director.
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 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: October 15, 2018