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PLN20-0394 - 1913 & 1917 Park Street - Applicant: James Ocean for My Mechanic Realty, LLC A public hearing to consider a Use Permit to allow an existing, non-conforming 6,500 square foot automotive collision repair facility to continue the automotive repair use, performing minor automotive service as well as tire sales and installation. No changes are proposed to the exterior of the building. The project is located within the NP-G, North Park Street - Gateway District.
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CITY OF ALAMEDA
PLANNING, BUILDING AND TRANSPORTATION DEPARTMENT
ADMINISTRATIVE USE PERMIT
PROJECT
DESCRIPTION: PLN20-0394 - 1913 & 1917 Park Street - Applicant: James Ocean for My Mechanic Realty, LLC A public hearing to consider a Use Permit to allow an existing, non-conforming 6,500 square foot automotive collision repair facility to continue the automotive repair use, performing minor automotive service as well as tire sales and installation. No changes are proposed to the exterior of the building. The project is located within the NP-G, North Park Street - Gateway District.
GENERAL PLAN: Community Commercial
ZONING: NP-G, North Park Street - Gateway District
DETERMINATION: Categorically Exempt from State 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.
PROJECT PLANNER: Brian McGuire, Planning Technician
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 is requesting a Use Permit for automotive repair to perform tire sales and installation, and minor automotive repair at adjoining buildings located at 1913 and 1917 Park Street. There is currently an automotive collision repair facility at the location, which would be sold and operated as a Big O Tires franchise. The current occupant is an existing, non-conforming use that pre-dates the establishment of the North Park Street District zoning. Pursuant to AMC Section 30-4.25e(i), auto repair is permitted by conditional Use Permit in the Gateway sub-district.
Customer vehicles will be received by entering at the driveway entrance of the building at 1913 Park Street. After pulling into the building, customers will exit their vehicles where an employee will position the vehicle in one of the seven work bays or staged elsewhere on the site, including parking spaces and overflow space at 1917 Park Street, as needed.
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 existing automotive repair facility is in the North Park Street Gateway District, which permits such uses with a Use Permit. The facility is bordered by automotive repair uses to the south and north as well as to the west of the property at 1917 Park Street. Behind 1913 Park Street to the west is a parking lot. Conditions of approval require that all work be done inside the existing buildings, which open towards Park Street, minimizing noise and nuisances that could affect the surrounding neighborhood. Additionally, the applicant will be prohibited from staging customer vehicles on surrounding streets, preserving space for residents, customers, and employees of the neighborhood. No changes are proposed for the existing buildings, which date to 1927 and 1945. Therefore, the project is architecturally, aesthetically, and operationally harmonious with the community and surrounding development.
2. The proposed use will be served by adequate transportation and service facilities, including pedestrian, bicycle, and transit facilities.
The facility is located near the Park Street Bridge on Park Street, which is a regional arterial street in the downtown commercial mixed-use area. The site is served by several bus lines, including AC Transit lines 19, 20, 21, and 51A. The project will be adjacent to the forthcoming Cross Alameda Trail and will provide both short and long term bicycle parking spaces. The proposed use will provide valet drop off service, as well as a short-term drop off space for safe, orderly vehicular access. The proposed use is served by adequate transportation and service facilities for all modes of transportation.
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 project proposes to replace the existing automotive repair use with a less intensive automotive repair use. All work will take place inside the existing structures. The new operator must comply with applicable environmental quality regulations, including clean water and hazardous materials handling rules. The proposed use will bring customers to the Park Street commercial district for one to two hours at a time, which is likely to increase patronage of nearby businesses. The proposal will not adversely affect other property in the vicinity and will have positive effects for the business district and local economy.
4. The proposed use relates favorably to the General Plan.
General Plan Guiding Policy 2.5.a states the City should provide enough service space, which would include automotive services, to provide Alameda residents with a full range of community-serving businesses and service needs. The project site is designated Community Commercial by the General Plan, which envisions automobile service as an included use. Further, the use is allowed in the North Park Street Gateway Zoning District with a use permit. Therefore, the proposed use is consistent with the General Plan.
1. Approved Uses: This Use Permit approves the use of an existing, non-conforming 6,500 square foot automotive collision repair facility to continue the automotive repair use, performing automotive maintenance and repair service (excluding body repair/paint work) as well as tire sales and installation.
2. Hours of Operation: The automotive repair and tire service shall operate between 8:00 AM and 6:00 PM Monday through Saturday, and 9:00 AM and 5:00 PM Sunday. Automotive repair and tire service may continue up to one hour past operating hours to complete automotive repairs and/or tire service. Any retail operations, customer vehicle drop off and pick up may occur between 7:00 AM and 10:00 PM.
3. Compliance with Plans. Any modification on this site shall be in substantial compliance with the use permit application submittal dated August 26, 2020, by James Ocean, and plans prepared by Diana Salgado, dated December 2, 2020, on file in the City of Alameda Planning, Building and Transportation Department, except as modified by the conditions listed in this report.
4. 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.
5. Vesting: The Use Permit approval shall expire two (2) years after the date of approval or by January 4, 2023, 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. Work Indoors: All vehicle repairs, tire changes and/or other work shall be conducted exclusively inside of the existing buildings and not in the existing, informal parking and staging area on property of 1917 Park Street.
7. Site Maintenance: The site shall be maintained and operated in a clean and orderly state. It shall be the applicant’s responsibility to keep the site and immediate street frontage clear of debris. There shall be no outdoor storage of inoperable vehicles or auto parts.
8. Parking and Circulation: Owner(s)/Operator(s) shall provide valet-style service to incoming customer vehicles and ensure queuing does not back up into roadway, and sidewalk remains clear. No customer vehicles shall be parked or stored in the public right of way.
9. Bicycle Parking: Consistent with AMC Section 30-7.15, Appendix B, applicant shall provide two (2) short term and four (4) long term bicycle parking spaces in locations approved by the Planning Director and Public Works Director. Short term spaces (bicycle racks) may be placed in the public right of way by the Public Works Department at the applicant’s expense.
10. Signage: All new commercial signage shall be approved by a sign permit application with the Planning Division.
11. Owner(s)/Operator(s) shall implement and comply with best management practices guidelines and requirements to protect runoff water quality and prevent storm water pollution as may be identified by the Director of Public Works.
12. Owner(s)/Operator(s) shall prevent all non-storm water discharges to the City storm sewer system.
13. Owner(s)/Operator(s) shall comply with City Littering ordinance requirements, prevent any refuse, rubbish, garbage, or other discarded or abandoned objects, articles, and accumulations, in or upon any street, alley, sidewalk, storm drain, inlet, catch basin, conduit or other drainage structures, business place, or upon any public or private lot of land, and maintain sidewalk free of dirt or litter to the maximum extent practicable.
14. Hazardous Materials Business Plan: The Applicant shall submit a Hazardous Materials Business Plan to the Alameda County Department of Environmental Health within 30 days of bringing hazardous materials above the state reporting threshold onto the project site.
15. Tire Storage: The Applicant shall comply with applicable Fire Code regulations governing storage of tires and other flammable or combustible materials.
16. Multiple Parcels: This Use Permit is issued for an automotive repair facility covering two (2) parcels, at 1913 Park Street (APN: 071-0290-015-00) and 1917 Park Street (APN: 071-0290-016-00). Each parcel is required to remain part of the facility to meet the conditions of this Use Permit. Should the parcels cease to operate in concert, this Use Permit shall be subject to review and revocation.
17. 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. This Use Permit shall be called for a revocation hearing upon the City receiving three (3) documented incidents of violations to the conditions in this permit within a twelve (12) month period.
18. Indemnification. To the maximum extent permitted by law, the applicant (or its successor in interest) 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 and the applicant (or its successor in interest) shall reimburse the City for its reasonable legal costs and attorneys’ fees.
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: __