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PLN21-0407 - Administrative Use Permit - 2307 Blanding Ave - Applicant: Alexandra Odabachian on behalf of Swings and Wings, LLC. A public hearing to consider an Administrative Use Permit to allow the modification of a previously approved administrative use permit to expand into a neighboring tenant space and to add pre-school/day care services. The existing use permit allows a 3,200 square foot tenant space for the use. The applicant is requesting a modification to expand the tenant space by approximately 1,600 square feet for a total of approximately 4,800 square feet.
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CITY OF ALAMEDA
PLANNING, BUILDING & TRANSPORTATION DEPARTMENT
ADMINISTRATIVE USE PERMIT
PROJECT
DESCRIPTION: PLN21-0407 - Administrative Use Permit - 2307 Blanding Ave - Applicant: Alexandra Odabachian on behalf of Swings and Wings, LLC. A public hearing to consider an Administrative Use Permit to allow the modification of a previously approved administrative use permit to expand into a neighboring tenant space and to add pre-school/day care services. The existing use permit allows a 3,200 square foot tenant space for the use. The applicant is requesting a modification to expand the tenant space by approximately 1,600 square feet for a total of approximately 4,800 square feet.
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GENERAL PLAN: Community Commercial
ZONING: NP-W, North Park Street, Workplace
ENVIRONMENTAL
DETERMINATION: This project qualifies for a Class 1 Categorical Exemption and no additional environmental review is necessary pursuant to CEQA Guidelines Section 15301(a) - operation, permitting or leasing of existing private structures involving negligible or no expansion of use beyond that which exists.
PROJECT PLANNER: David Sablan, Planner II
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:
On October 15, 2018 the Zoning Administrator approved an Administrative Use Permit (PLN18-0388) to allow the operation of an indoor play area within an existing 3,200 square foot tenant space. The approved Administrative Use Permit allows indoor commercial recreation use specifically for Units E & F of the building, which were consolidated into one tenant space. The business, Swings and Wings, has continuously been in operation since July 2019. The applicant is proposing expanding into neighboring Unit D to offer preschool/day care services, which also requires approval of an Administrative Use Permit within the NP-W zoning district. Currently, the business is licensed by the State of California to operate as a daycare center without outdoor play facilities for up to 15 children with each child in care for no more than 15 hours per week. Additionally the proposed tenant improvements will include professional offices for occupational therapy consultations, which is permitted by right within the NP-W zone.
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 commercial property is located at 2307 Blanding Avenue and is designated as Community Commercial in the General Plan. The Community Commercial designation emphasizes a variety of retail and personal service uses serving the surrounding neighborhood. The proposed addition of pre-school/day care services is intended to serve and provide Alameda residents. The proposal does not involve design changes to the exterior of the building.
2. The proposed use will be served by adequate transportation and service facilities, including pedestrian, bicycle and transit facilities.
The property is fully developed with off-street parking and does not require additional service facilities. Additionally, the project site is within walking distance to bus stops for AC Transit Lines O, 19, 20 and 51A.
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 affect the surrounding properties, hurt existing business districts or the local economy. The proposed use is a low-intensity use that is consistent with the commercial uses that make up the NP-W Zoning District.
4. The proposed use relates favorably to the General Plan.
The project relates favorably to the General Plan’s Guiding Policy 2.5.a which calls for providing enough retail business and services space to enable the City to realize its full retail sales potential and provide Alameda residents with the full range of retail business and services. The business will provide an opportunity for child care for Alameda residents. Currently there is a lack of child care options for Alameda residents, and the proposed use would serve this community need.
1. Hours of Operation: Any changes to the hours of operation that extends into the hours between 10:00 PM and 7:00 AM shall require an amendment to this use permit pursuant to AMC Section 30-4.8(c).
2. Compliance with Plans: Any modification on this site shall be in substantial compliance with the use permit application submittal dated August 31, 2021, prepared by Alexandra Odabachian, on file in the City of Alameda Planning, Building and Transportation Department, except as modified by the conditions listed in this report.
3. Compliance with All Laws and Licensing Requirements: The applicant shall ensure the use of the subject property for pre-school/daycare purposes complies with all applicable laws, regulations and licensing requirements from federal, state, and local agencies.
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. 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.
6. HOLD HARMLESS. 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 permitting 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: October 4, 2021
Allen Tai, Zoning Administrator