Title
PLN19-0237 - Variance - 1929 Webster Street - Applicant: Daniel Cukierman. Public hearing to consider a Variance to Alameda Municipal Code Section 30-7 Off-street Parking and Loading Space Regulations to allow development of a vacant commercial lot without off-street parking. The lot is too narrow to physically accommodate parking stalls, drive aisles, and landscaping per the parking regulations. The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to the CEQA Guidelines Section 15305, Minor Alterations to Land Use Limitations.
Body
To: Honorable President and
Members of the Planning Board
From: David Sablan, Planner III
Date: December 14, 2020
BACKGROUND
On November 23, 2020, the Planning Board approved a Use Permit for a tavern, with outdoor seating and extended business hours, for the property at 1929 Webster Street per staff recommendation. Staff also recommended the Planning Board approve a parking reduction for the project pursuant to Alameda Municipal Code (AMC) Section 30-7.13 based on conditions of approval requiring the applicant implement Transportation Demand Management (TDM) measures, including providing bus passes to employees and bicycle parking onsite. The staff report for the hearing item is availbale online at: <https://alameda.legistar.com/LegislationDetail.aspx?ID=4697566&GUID=B26D1E8E-EC22-463C-AF43-3DE617F395BE&Options=&Search>
The Planning Board determined that the TDM measures would not be adequate to fully reduce automobile parking demand for the life of the project as required under AMC 30-7.13, but that a parking variance would be warranted due to the unusual physical dimensions of the lot (Exhibit 1, Sheet S1.0). The Planning Board then directed staff to prepare a recommendation for a parking variance for Board consideration at a subsequent public hearing.
DISCUSSION
Variance Findings:
Staff believes the three required findings for approving a variance as set forth under AMC Section 30-21.1 can be made as further stated in the draft resolution (Exhibit 2):
1. There are exceptional or extraordinary circumstances applying to the property involved or to the proposed use of the property;
2. Because of such exceptional or extraordinary circumstances, the literal enforcement of specified provisions of this section would result in practical difficulty or unnecessary hardship such as to deprive the applicant of a substantial property right possessed by other owners of property in the same class of district; and
3. The granting of the variance will not, under the circumstances of the particular case, be detrimental to the public welfare or injurious to persons or property in the vicinity.
The subject property at 1929 Webster Street is unusually long and narrow making it impossible to develop according to City parking standards (Exhibit 1). The property measures approximately forty feet (40’) at its widest point and only thirty-two feet five inches (32’5”) at the Webster Street frontage. The lot is too narrow to physically fit both the parking stalls and the necessary space for maneuvering. Per AMC Section 30-7.9, the required length of a standard parking space is eighteen feet (18’) and drive aisles (backup areas) are required to be a minimum twenty-four feet (24’) wide; just these dimensions alone exceed the 40’ width of the lot. Additionally, the code requires a three foot (3’) landscaping strip between property lines and the parking spaces and a landscape strip one foot (1’) wide between property lines and drive aisles (AMC Section 30-7.10). Added together, the minimum width needed to fit off-street parking is forty-six feet (46’), which is wider than any point of the lot. The long and narrow configuration of the lot also makes it infeasible to accommodate parking because cars would only be able to enter the site in one direction but not have adequate space to turn around and exit. Allowing vehicles to back out onto Webster Street is prohibitive from a public safety perspective. Lastly, to reserve space on the lot for any parking would result in losing an equal amount of developable building footprint, which is likely to render development potential of the property infeasible. In summary, the lot is too narrow to accommodate any standard configuration of parking and vehicular access, and to impose the parking requirements as stated in the Zoning Ordinance would impair development potential on the site.
The narrow width is an extraordinary circumstance unique to this lot not shared by other sites in the vicinity, and this physical constraint makes development of this lot with off-street parking impractical. Under AMC Section 30-21.1, a variance shall be granted only when the strict and literal interpretation of the regulations in the particular case would involve practical difficulties or unnecessary hardship, and only to the extent necessary to overcome such difficulties or unnecessary hardship. Furthermore, no variance shall be granted which would have the effect of granting a special privilege not shared by other property in the same district and vicinity. Staff believes imposing the off-street parking requirements on this site is impractical and that it would prevent any development on the site, which is likely why the site has never been developed. Granting a variance in this situation would not be considered granting a special privilege because the narrow configuration of this particular lot is a unique condition not found on other sites in the district or vicinity. There are many properties in the C-C Zoning District along Webster Street that have long been developed without any off-street parking.
Staff further believes that the granting of a variance will not be detrimental to public welfare because the site is located along the Cross Alameda Trail and is served by AC Transit Line 51A, a trunk line with high-frequency service to important transportation connections in the Oakland-Alameda vicinity. The granting of a parking variance will allow a long vacant site to finally be developed. The existing driveway curb-cut will be removed and replaced with curb, gutter and sidewalk built according to City standards. The removal of the curbcut will resolve an unsafe condition caused by the existing driveway’s close proximity to the busy Atlantic/Webster intersection, the pedestrian and bicycle entrance to the Cross Alameda Trail, and the existing bus stop in front of the property.
ENVIRONMENTAL REVIEW
This project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15305 - Minor Alterations in Land Use Limitations of the CEQA Guidelines.
CLIMATE IMPACT
Reducing off-street parking is consistent with the Climate Action and Resiliency Plan because the provision of parking spaces perpetuate vehicular travel and associated climate impacts from automobile emissions and traffic congestion. This variance would facilitate a project that promotes the use of bicycles and public transit by eliminating onsite vehicle parking.
RECOMMENDATION
Hold a public hearing and approve a variance to AMC Section 30-7 Off-street Parking and Loading Space Regulations per findings in the Draft Resolution.
Reviewed by,
Allen Tai, City Planner
Approved by,
Andrew Thomas, Planning, Building and Transportation Director
Exhibits:
1. Project Plans
2. Draft Resolution