Title
PLN21-0232 - Administrative Use Permit - 300 Mosley Avenue - Applicant: Habitat for Humanity. A public hearing to consider an Administrative Use Permit to allow the construction of a six-foot-tall, black-wire coated security fence along the frontage of Mosley Avenue on an approximately two-acre site. Pursuant to Alameda Municipal Code 30-5.14 chain-link fences in residentially-developed parcels may be permitted when required for security reasons, subject to use permit approval.
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CITY OF ALAMEDA
PLANNING, BUILDING & TRANSPORTATION DEPARTMENT
ADMINISTRATIVE USE PERMIT
ITEM NO: 3-A
PROJECT
DESCRIPTION: PLN21-0232 - Administrative Use Permit - 300 Mosley Avenue - Applicant: Habitat for Humanity. A public hearing to consider an Administrative Use Permit to allow the construction of a six-foot-tall, black-wire coated security fence along the frontage of Mosley Avenue on an approximately two-acre site. Pursuant to Alameda Municipal Code 30-5.14 chain-link fences in residentially-developed parcels may be permitted when required for security reasons, subject to use permit approval.
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GENERAL PLAN: Medium Density Residential
ZONING: R-4-PD, Neighborhood Residential - Planned Development District
ENVIRONMENTAL
DETERMINATION: Categorically Exempt from State CEQA Guidelines Section 15303 - New construction of small 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 project is located on an approximately 2-acre site on the southwest corner of the intersection of Mosley Avenue and Bette Street. The site is currently vacant and the applicant is proposing a six-foot tall black vinyl-coated chain link fence along the frontage of Mosley Avenue. The proposed fence will provide security for the site and deter unauthorized entry and dumping on the property. The proposed fence will connect with the similar vinyl coated chain link fence approved for the adjacent Housing Authority property to the west under Use Permit No. PLN19-0186. The fencing is intended to remain until the site is redeveloped, but there are no applications on file with the City of Alameda related to the future use of the site. Staff is recommending conditional approval of the administrative use permit as outlined below.
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 site was the former Coast Guard housing site that is currently vacant. East of the subject site is Bette Street and the Tri Pointe Homes residential development. West and South of the subject site is vacant land that is the site of the future Housing Authority project. North of the site is Mosley Avenue and a stormwater retention basin. The proposed fencing is required to secure the site and to prevent unauthorized entry and illegal dumping. The chain link fencing will have black vinyl coating consistent with the chain link fencing approved for the adjacent Housing Authority fence. These materials and elements make the fencing more attractive and feel more permanent than regular chain link fencing. The conditions of approval are intended to ensure that the fencing is safe and attractive. The fences will have black powder-coated paint to provide an attractive finish to the chain-link fencing. The applicant will also be required to remove weeds that may grow around the subject site on a regular basis. The use of barbed wire will be prohibited as per the AMC.
2. The proposed use will be served by adequate transportation and service facilities, including pedestrian, bicycle and transit facilities.
The existing site is currently vacant and public access into the site is prohibited. Therefore, there is no current need for additional transportation and service facilities to the site other than what currently exists.
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 fencing is required to secure the vacant site. It is designed as conditioned, to minimize the visual impact on the adjacent residential developments and public open space. The fencing will not adversely affect properties in the vicinity and will not have substantial deleterious effects on existing businesses or the local economy. Securing the site with the fence will prevent adverse effects to adjacent persons and property by preventing unauthorized entry, dumping, and blight.
4. The proposed use relates favorably to the General Plan.
The project relates favorably to General Plan Guiding Policy 2.4.e, which encourages the City to expand housing opportunities for households in all income groups. The future use of the site is for an affordable housing project. The erection of the proposed fence will protect the vacant site from unauthorized entry, dumping and blight.
1. Compliance with Plans. Any modification on this site shall be in substantial compliance with the use permit application submittal dated May 18, 2021, by Habitat for Humanity, 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. Vesting: The Use Permit approval shall expire two (2) years after the date of approval or by July 19, 2023 unless authorized substantial construction has commenced. The applicant may apply for a time extension, not to exceed two (2) years. An extension request shall be subject to ministerial approval by the Planning Director and must be filed prior to the date of expiration.
4. Fence Design: The fence shall be powder-coated or color-coated in black to provide an attractive finish and to match the approved Housing Authority fence.
5. Prohibited Materials: Use of barbed wire, razor wire, and other similar materials shall not be permitted as any part of any fencing on the subject site.
6. Emergency Vehicle Access: As part of permits to erect the fence, the applicant shall provide a Knox-box with keys for entry by the Alameda Fire Department, or other such means to allow emergency vehicle access, to the satisfaction to the Senior Fire Code Compliance Officer. If the applicant chooses to erect a fence less than 7 feet in height, which does not require a building permit, the applicant shall provide the Knox-box to the Alameda Fire Department upon erecting the fence.
7. Maintenance: The applicant shall maintain the site clean and free of trash debris and weeds.
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. 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 3 Categorical Exemption and no additional environmental review is necessary pursuant to CEQA Guidelines Section 15303 - New construction of small structures, including accessory structures such as fences
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: July 19, 2021___