Title
PLN19-0113 - Use Permit - 1719 Lincoln Ave - Applicant: Flavio Morais. Public hearing to consider an administrative use permit to allow a real estate office in a 1,600 square foot commercial space on the ground floor of a mixed use building. The tenant space has previously been used for retail. The project is located within the R-5 (General Residential) Zoning District, where administrative and professional offices require the approval of an administrative use permit. This project is categorically exempt from the California Environmental Quality Act (CEQA) Section 15301 - Existing Facilities
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CITY OF ALAMEDA
PLANNING, BUILDING AND TRANSPORTATION DEPARTMENT
ADMINISTRATIVE USE PERMIT
ITEM NO: 3-A
PROJECT
DESCRIPTION: PLN19-0113 - Use Permit & Design Review - 1719 Lincoln Ave - Applicant: Flavio Morais. Public hearing to consider an administrative use permit to allow a real estate office in a 1,600 square foot commercial space on the ground floor of a mixed use building. The tenant space has previously been used for retail. The project also consists of a Design Review to install a new commercial storefront door for the proposed real estate office. The project is located within the R-5 (General Residential) Zoning District, where administrative and professional offices require the approval of an administrative use permit.
GENERAL PLAN: Medium Density Residential
ZONING: R-5, General Residential
ENVIRONMENTAL
DETERMINATION: Categorically Exempt from State CEQA Guidelines, Sections 15301 - permitting use of existing structures that involves negligible expansion of existing use.
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. Plans
RECOMMENDATION: Approve the project with conditions.
PROPOSAL SUMMARY:
On March 21, 2019, Flavio Morais submitted a use permit and design review application to permit a real estate office within the R-5 (General Residential) zoning district, and to replace an existing solid wood door for the commercial space with a new glass storefront door. The proposed real estate office will occupy the entire ground floor of a mixed use building located at the northeast corner of Lincoln Avenue and Minturn Street, and will be approximately 1,600 square feet. The tenant space historically has been used as two non-conforming retail use spaces, most recently operating as a drapery shop until June 2018 in one of the spaces. The R-5 zoning district allows professional and administrative offices when the City can make findings that the proposed land use is appropriate for the proposed location, with considerations made for the project’s impact on the safety, congestion, and noise on the surrounding neighborhood. The proposed real estate office use will have business hours, 9:00 A.M. to 5:00 P.M. Monday through Saturday, that will not conflict with the surrounding residential neighborhoods to the north and south of Lincoln Avenue. Staff is recommending a condition of approval that would permit all administrative and professional offices currently listed in Alameda Municipal Code (AMC) Section 30-4.5.c.1, with the exception of higher intensity uses such as hospitals, rest homes, sanitariums and mortuaries. These higher intensity uses will require a separate use permit.
The original storefront door was replaced with a solid wood door for the front commercial tenant space. The Citywide Design Manual states that a minimum of 50% of a commercial storefront should have clear glazing. The proposed glass door will bring the front façade into further compliance with this guideline. No other exterior modifications are proposed, however staff recommends a series of conditions that will require replacing a previously removed transom window, replacing the existing T1-11 siding on the bulkhead with painted wood paneling, and removal of security bars over windows. Other existing architectural elements such as the carved modillions and dentils that adorn the main roof’s eaves will be preserved.
City records show the property was original developed with two dwelling units located on the second floor. An illegal third dwelling unit was created on the second floor at some point in time. Staff recommends a condition of approval that requires the applicant/developer remove the third kitchen and incorporate the floor area of this illegal third dwelling unit into one of the two legal dwelling units before tenant improvements can begin. The removal of the third dwelling unit would include, but is not limited to, removing the kitchen, removing utilities to the kitchen space (i.e. gas or 220v electrical service lines), and integrating the floor area into one of the remaining two dwelling units. Staff recommends that the third dwelling unit be removed under valid permits prior to issuance of any building permits associated with professional administrative offices on the ground floor. Additionally, staff recommends a condition of approval that the applicant/developer complete this work within one year of approval, or else the approval of the use permit and design review will be automatically revoked. The applicant may request an extension subject to approval by the Building Official prior to being granted by the Planning, Building, and Transportation Director.
USE PERMIT 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 property at 1719 Lincoln Avenue is located within the R-5 zoning district and adjacent to a series of properties on Lincoln Avenue and Grand Street that are zoned C-1, Neighborhood Business District. The previous ground floor retail uses had been a compatible use with the existing commercial and residential uses in the area since the uses were low-intensity. Like other administrative and professional offices, this real estate office will not generated heavy traffic, noise or other public nuisance, and approving of this use permit will not cause any new operational changes that would increase the intensity of the non-residential use portion 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 already fully developed and does not require additional service facilities. The project site is served by AC Transit bus routes 51A, 314, 851 and O on Santa Clara Avenue, which stop approximately one block south of the site. And AC Transit bus routes 19 on Buena Vista Avenue and Grand Street, which stops approximately three (3) blocks from the site.
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. Professional and administrative offices are a low-intensity use and will not affect the surrounding properties, hurt existing business districts or the local economy. The hours of operation are between 9:00 A.M. and 5:00 P.M. daily are within standard hours for similar nearby properties that are located within the C-1 zoning districts.
4. The proposed use relates favorably to the General Plan. While the property is designated Medium Density Residential, the proposed project does not involve any new construction and therefore does not raise issues with General Plan consistency. Instead, the proposed use in the existing building is consistent with several policies in the General Plan regarding the provision of neighborhood-serving business in existing business locations. The proposed professional office use is consistent with General Plan Policy 2.5.a, which supports providing business service space to expand the City full range of business services to Alameda residents. Furthermore, the proposal is consistent with policy 2.5.g, which supports maintaining existing neighborhood business districts for small businesses.
DESIGN REVIEW FINDINGS
1. The proposed design is consistent with the General Plan, Zoning Ordinance, and the City of Alameda Design Review Manual. The proposed design is consistent with the General Plan, Zoning Ordinance, and the City of Alameda Design Review Manual, because the proposed new construction is compatible in design and use of materials with the existing building and surrounding neighborhood.
2. The proposed design is appropriate for the site, is compatible with adjacent or neighboring buildings or surroundings, and promotes harmonious transitions in scale and character in areas between different designated land uses. The proposed modifications will not enlarge the existing structure nor propose any changes to its scale. The proposed glass storefront door is more compatible with the ground floor non-residential use of a mixed-use building.
3. The proposed design of the structures and exterior materials and landscaping are visually compatible with the surrounding development, and design elements have been incorporated to ensure the compatibility of the structure with the character and uses of adjacent development. The proposed glass storefront door will bring the property in compliance the Citywide Design Manual’s guidelines for commercial storefronts, which suggest a minimum of 50% of storefront facades should be comprised of clear glazing.
1. Compliance with Plans. Any modification on this site shall be in substantial compliance with the use permit application submittal dated March 21, 2019, by Flavio Morais, on file in the City of Alameda Planning, Building and Transportation 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, Building and Transportation Department for review and approval.
3. Building Permit Plans: The plans submitted for building permit shall be in substantial compliance with plans prepared by Tuong Xuan Tran, received on March 21, 2019 and on file in the office of the City of Alameda Planning, Building and Transportation Department, except as modified by the conditions listed in this letter. The project shall comply with all Building Code requirements.
4. Front Façade: Plans submitted for building permits shall show the following changes to the front façade:
a. Removal of T1-11 siding from the bulkhead and replacement with painted wood paneling and trim.
b. Restoration of transom window over storefront entry.
c. Removal of existing security bars.
d. Either the widening of the proposed door, or shifting its placement, so that it is centered.
5. Vesting: The Use Permit approval shall expire two (2) years after the date of approval or by May 6, 2021 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.
6. Illegal Third Dwelling Unit: Prior to issuance of building permits for tenant improvements of the real estate office, the applicant/developer shall return the second floor to its last permitted state, which includes but is not limited to removing an illegal third dwelling unit by removing its kitchen, capping or removing all gas lines and/or 220v service lines, and incorporating the floor area of the illegal third dwelling unit into one of the remaining two legal dwelling units. This work shall completed before May 6, 2020 under valid building permits. Condition #5 notwithstanding, this use permit and design review approval shall be automatically nullified unless an extension is filed and granted before that date. Any extension will be subject to the approval of the Building Official prior to being granted by the Zoning Administrator.
7. Approved Uses: This Use Permit approves all professional and administrative office uses listed in Alameda Municipal Code (AMC) Section 30-4.5.c.1, with the following excepted land uses, which would require their own separate use permit:
a. Hospitals
b. Rest Homes
c. Sanitariums
d. Mortuaries
8. 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.
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, Building, and Transportation 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 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: May 6, 2019___
Allen Tai, Zoning Administrator