Title
PLN20-0301 - Use Permit - 2418 Central Avenue - Applicant: Abby Liu. Public hearing to consider an Administrative Use Permit to allow an approximately 1,860-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. 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-A
PROJECT
DESCRIPTION: PLN20-0301 - Use Permit - 2418 Central Avenue - Applicant: Abby Liu. Public hearing to consider an Administrative Use Permit to allow an approximately 1,860-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. The project is located within the C-C-T, Community-Commercial Theatre Combining District.
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, 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: Find the project categorically exempt from CEQA and approve the project with conditions.
PROPOSAL SUMMARY:
The project site is an approximately 1,860 square foot tenant space in a mixed-use building located at the southwest corner of Central Avenue and Park Avenue. The tenant space has historically been occupied by several retail stores, most recently as a bridal shop. 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. The applicant is seeking approval of a conditional use permit to allow a medical office use, as required by Alameda Municipal Code (AMC) Sections 30-49A(c) and 30-20.2.
The applicant is proposing a 192 square foot waiting room adjacent to the left side of the storefront entrance and a 224 square foot retail area on the right side of the storefront entrance. The remainder of the tenant space will be dedicated to exam rooms and administrative offices.
The C-C zoning districts are Alameda’s “downtown” business districts reserved for pedestrian oriented retail, restaurant, and personal service businesses. Offices on the ground floor are allowed through a use permit when they are located and operated so as not to be an impediment to the pedestrian-oriented character of the district. The presence of the waiting room and retail area does not interrupt the district’s goal of businesses interacting with the public sidewalk.
The floor plans submitted with this use permit application shows converting the double storefront doors to a single storefront door. This was based on the belief that a door conversion is necessary to allow for ADA-compliant wheelchair access. Upon further review, it now appears the conversion may not be necessary as the existing doors are sufficiently wide to accommodate wheelchair access. Nonetheless, because the building at 2418 Central Avenue is a contributing structure to the Park Street Historic District and any exterior changes would require a Certificate of Approval from the Historical Advisory Board, staff recommends a condition of approval that requires a separate application for Design Review and Certificate of Approval should any modifications to the storefront be necessary.
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 and retail 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. The location of the waiting area and retail area along the preserved storefront will maintain the district’s goal of businesses interacting with the public sidewalk.
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 an expansion of health care services provided for Alameda residents.
1. Compliance with Plans. Any modification on this site shall be in substantial compliance with the use permit application, prepared by Peter Braun and Associates, date stamped received on July 20, 2020 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 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 14, 2022 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. Waiting and Retail Areas: The floor area immediately behind the storefront windows shall be used as waiting areas or retail display. Any changes to the use of these areas from waiting or retail display shall require approval of a modification to this Use Permit.
5. Storefront Modifications: The final plans submitted for Building Permit shall reflect no changes to the existing storefront entry doors and windows. Should exterior modifications to the existing doors be necessary to meet ADA requirements, then separate applications for Design Review and Certificate of Approval shall be required.
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. Hold Harmless: To the maximum extent permitted by law, the applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City of Alameda, its City Council, City Planning Board, officials, employees, agents and volunteers (collectively, “Indemnitees”) from and against any and all claims, actions, or proceedings against Indemnitees to attack, set aside, void or annul an approval by Indemnitees relating to this project. This indemnification shall include, but is not limited to, all damages, losses, and expenses (including, without limitation, legal costs and attorney’s fees) that may be awarded to the prevailing party arising out of or in connection with an approval by the Indemnitees relating to this project. The City shall promptly notify the applicant of any claim, action or proceeding and the City shall cooperate in the defense. The City may elect, in its sole discretion, to participate in the defense of said claim, action, or proceeding.
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 14, 2020