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PLN21-0402 - Administrative Use Permit - 300 Wind River Way - Applicant: G&I IX Marina Village Research Park LP. A public hearing to consider an Administrative Use Permit to allow an approximately 864-square-foot outdoor equipment enclosure located on the north side of an existing commercial building. The enclosure area will include an approximately 12-foot high wall and contains a generator for the existing facility. The project includes modifications to the existing landscaping to accommodate the new enclosure. The property is located within the CM-PD, Commercial Manufacturing - Planned Development zoning district.
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CITY OF ALAMEDA
PLANNING, BUILDING & TRANSPORTATION DEPARTMENT
ADMINISTRATIVE USE PERMIT
PROJECT
DESCRIPTION: PLN21-0402 - Administrative Use Permit - 300 Wind River Way - Applicant: G&I IX Marina Village Research Park LP. A public hearing to consider an Administrative Use Permit to allow an approximately 864-square-foot outdoor equipment enclosure located on the north side of an existing commercial building. The enclosure area will include an approximately 12-foot high wall and contains a generator for the existing facility. The project includes modifications to the existing landscaping to accommodate the new enclosure. The property is located within the CM-PD, Commercial Manufacturing - Planned Development zoning district.
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GENERAL PLAN: General Industry
ZONING: C-M-PD, Commercial Manufacturing - Planned Development
ENVIRONMENTAL
DETERMINATION: The project is categorically exempt from the California Environmental Quality Act pursuant to Section 15301 - Existing Facilities.
PROJECT PLANNER: Henry Dong, 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:
The applicant is proposing an approximately 864-square foot outdoor equipment enclosure to store a generator on the north side of an existing commercial building. The new generator will serve as a back-up source of power for the existing facility. The enclosure will have 12-foot high walls and be designed to be consistent with the existing office park, and will have minimal visibility from the street. Pursuant to AMC Section 30-4.12(c), uses permitted that are not conducted within an enclosed building or structure requires Use Permit approval. The proposed utility enclosure is exempt from Design Review.
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 proposed use consists of a new 864-square-foot outdoor utility enclosure to store a generator for the existing commercial building. The site is suitable for the use because the proposed outdoor generator will serve as back-up power for the adjacent commercial facility. The design of the enclosure is compatible with the existing office park and the enclosure will have minimal visibility from the street. In addition, the equipment will be required to comply with all state and local requirements including the City of Alameda Noise Ordinance. Therefore, the proposed outdoor generator enclosure will be compatible with the surrounding development.
2. The proposed use will be served by adequate transportation and service facilities, including pedestrian, bicycle and transit facilities.
The new outdoor equipment enclosure includes a generator for an existing use within the business park that is served by adequate transportation facilities. The proposed project will not result in any changes to the existing pedestrian, bicycle, or transit facilities adjacent to the site nor would the project jeopardize the safety of people using such facilities or services.
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.
There are no significant public health and safety risks associated with the proposed generator use. The project must comply with all applicable state and local requirements including the City of Alameda Noise Ordinance. Compliance with these requirements and the recommended conditions of approval would ensure that any adverse effects of the proposal on the welfare of the public, including deleterious effects on businesses and the local economy, are avoided.
4. The proposed use relates favorably to the General Plan.
The General Plan designates this area as “General Industry” with uses that include research and development space, manufacturing, and distribution. The proposal is an existing use that is consistent with the General Industry designation.
1. Compliance with Plans: Any modification on this site shall be in substantial compliance with the use permit application submittal dated July 29, 2021, prepared by DES Architects Engineers, 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. Compliance with Conditions: The applicant/property owner shall ensure compliance with all of the following conditions. Failure to comply with any condition may result in construction being stopped, issuance of a citation, and/or modification or revocation of the Use Permit approval.
4. Vesting: The Use Permit approval shall expire two (2) years after the date of approval or by October 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 Planning Director and must be filed prior to the date of expiration
5. Compliance with Regulatory Approvals: The applicant shall comply with any applicable provisions and permits required from any federal, state, or regional agencies, including, but not limited to, the Bay Area Air Quality Management District, Alameda County Department of Environmental Health, and the City of Alameda Noise Ordinance.
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 (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