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PLN18-0180 -- Administrative Use Permit & Design Review - 2308 Clement Avenue - Applicant: Arthur Mercado. Public hearing to consider an Administrative Use Permit and Design Review approval to allow the construction of an approximately 1,500-square-foot two-story residential building located at the rear of an existing residential property. The new structure will contain an approximately 810-square-foot residential unit above a two-car garage. The project also consists of an approximately 500-square-foot third-floor addition located at the rear of an existing approximately 5,000-square-foot residential building. The property is listed on the Historical Building Study List with an “S” designation.
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CITY OF ALAMEDA
PLANNING, BUILDING, AND TRANSPORTATION DEPARTMENT
ADMINISTRATIVE USE PERMIT & DESIGN REVIEW
ITEM NO: 3-C
PROJECT
DESCRIPTION: PLN18-0180 -- Administrative Use Permit & Design Review - 2308 Clement Avenue - Applicant: Arthur Mercado. Public hearing to consider an Administrative Use Permit and Design Review approval to allow the construction of an approximately 1,500-square-foot two-story residential building located at the rear of an existing residential property. The new structure will contain an approximately 810-square-foot residential unit above a two-car garage. The project also consists of an approximately 500-square-foot third-floor addition located at the rear of an existing approximately 5,000-square-foot residential building. The property is listed on the Historical Building Study List with an “S” designation.
GENERAL PLAN: Community Commercial
ZONING: North Park Street - Workplace District
ENVIRONMENTAL
DETERMINATION: Categorically Exempt from State CEQA Guidelines, Sections 15301 - operation, permitting or leasing of existing private structures involving negligible or no expansion of use beyond which exists, 15303 - new construction or conversions of small structures, and 15331 - restoration and rehabilitation of historic structures.
PROJECT PLANNER: Henry Dong, Planner III
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.
PROPOSAL SUMMARY:
The applicant proposes the construction of an approximately 1,500-square-foot two-story residential structure located in the rear-yard of an existing residential property. The new structure is 23-feet 4-inches tall and includes a gabled roof, horizontal wood siding, and single hung windows consistent with the original home on the property. The purpose of the project is to relocate one of the three residential units within the existing triplex on the site into the new building. Access to the site is provided by two existing driveways served by Clement Avenue, one located in front of the existing residence, and one located in the side yard. The main residential building will maintain three existing parking spaces within a historic garage. Two additional parking spaces will be provided in the new structure and two more uncovered spaces will be located in the rear yard. Open space for the residential units will be provided in the rear yard.
The project also proposes to expand the existing three story building by adding 500-square-feet to the back of the existing attic space. The new addition incorporates a gabled roof design with horizontal wood siding and double hung windows consistent with the original architecture. The exterior modifications also include removal of a secondary entrance on the front elevation that is not original to the building, and restoring the opening with a double hung window consistent with the original architecture.
The property is located within the NP-WD zoning district. Pursuant to Alameda Municipal Code (AMC) Section 30-4.25.d and 30-4.25.e, an Administrative Use Permit is required for new second floor residential units and new structures that do not conform to the building types listed in “Table A” in the NP-WD District. Pursuant to AMC Section 30-37, Design Review is required for the new structure and the exterior improvements to the existing building on the property. Staff is recommending Administrative Use Permit and Design Review approval based on the following findings:
ADMINISTRATIVE 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 proposed two-story structure is located in the rear yard approximately 115 feet from the front property line, and will have minimal visibility from the street. The 23-foot 4-inch tall building shares a zero lot line with the adjacent commercial structure, and is setback 5-feet from the residential properties behind the site consistent with the maximum building height and setback requirements of the NP-WD district. The building is designed with a gabled roof, horizontal wood siding, and single-hung windows consistent with the architecture of the primary home on the property, and the surrounding development. The project will move one of the three residential units within the existing triplex into the new building. The project maintains the existing number of residential units on the site, and therefore is operationally harmonious with the existing use of the property and the surrounding community.
2. The proposed use will be served by adequate transportation and service facilities, including pedestrian, bicycle and transit facilities. The project does not change the number of units on the site. The site is within one block of the transit oriented Park Street commercial district. The Park Street area provides adequate transportation and service facilities to serve the property. The Clement Avenue Complete Streets capital improvement project will create a two-way cycle track on the north side of Clement Avenue to support bicycle ridership. Additionally, the site is served by AC Transit routes 20, 21, and OX which stop one block from the site. The site provides seven vehicle parking spaces on site which meets the parking requirements for the property.
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 use will not adversely affect the surrounding properties, hurt existing businesses, or the local economy. The project will relocate an existing residential unit to a new structure located at the rear of the property. The total number of units on the site will remain the same at three units. The property is large enough to accommodate the three residential units, the vehicle parking, and 602-square-feet of open space consistent with zoning requirements. Therefore, the proposed project will not have substantial deleterious effects on the existing business district or the local economy.
4. The proposed use relates favorably to the General Plan. The General Plan designates this area as “Community Commercial”. Guiding policy 2.5.h encourages the “retention and addition of housing,” including “housing provided on the rear half of parcels,” as a way to “add patrons and expand housing opportunities, provided tenants accept an environment in which commerce has priority.” By maintaining the existing three units on the site, the project supports Implementation Policy 2.5.o which “encourages the protection of residential areas adjacent to Retail Business Districts by discouraging conversion of residential structures in adjacent residential zones for retail, commercial, or business service use.” The proposed project maintains the existing residential use on the site.
DESIGN REVIEW FINDINGS:
1. With the approval of the proposed use permit, 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. This project consists of the construction of a new approximately 1,500-square-foot two-story residential structure located at the rear of an existing residential property in order to relocate one residence to the rear yard. The new structure maintains a 5-foot setback from the residential properties behind the site, and meets the vehicle parking and open space requirements for the site. Furthermore, the approximately 23-foot 4-inch height of the structure is less than the height of the existing three story building, and is consistent with the maximum building height for the property. The project also proposes an approximately 500-square-foot addition located at the rear of the existing residential building on the site. The new addition will incorporate a gabled roof design at the back of the attic space on the third floor. The new roof design is consistent with the original architecture of the building and will not alter or eliminate any character defining features. Furthermore, the project will remove an existing second entrance on the front elevation that is not original to the building, and restore the opening with a double hung window. Overall the project maintains the existing character of the historic property and the surrounding neighborhood.
3. The proposed design of the structure 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 design of the new structure is compatible with the existing residence and will utilize compatible materials with the home, including horizontal siding and double hung windows, which are also compatible with the design elements found on residential buildings in the neighborhood. The changes to the primary building will be consistent with the original architecture of the building.
4. The project complies with the Secretary of the Interior's Standards for the Treatment of Historic Properties in that all rehabilitation and exterior modifications are consistent and compatible with the historic building's architectural style. The proposed addition to the existing residential structure preserves the existing architectural style and does not alter or eliminate any character defining features. Furthermore, the proposed design is compatible with the existing architecture while clearly distinguishes the new addition from the original building.
1. Compliance with Plans. Any modification on this site shall be in substantial compliance with the plans prepared by NBA Systems, received on October 10, 2019, and 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. Window: Prior to submittal of building permits, the applicant shall revise the southeast elevation plans to maintain the existing double hung window at the bottom of the stairs on the second floor.
4. Vesting: The Administrative Use Permit and Design Review approval shall expire two (2) years after the date of approval or by November 4, 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.
5. 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 this project is Categorical Exempt from the California Environmental Quality Act (CEQA) and no additional environmental review is necessary pursuant to CEQA Guidelines Sections 15301 - permitting of existing private structures involving negligible or no expansion of use beyond which exists, 15303 - new construction or conversions of small structures, and 15331 - restoration and rehabilitation of historic structures.
Administrative Use Permit and Design Review
The Zoning Administrator hereby approves the Administrative Use Permit and Design Review No. PLN18-0180 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: November 4, 2019___
Allen Tai, Zoning Administrator