Title
PLN22-0571 - Administrative Use Permit - 1777 Clement Avenue (Alameda Marina, Wrap A) - Applicant: Sean Murphy on behalf of PR II BWG LAUNCH OWNER LLC. Public hearing to consider an administrative use permit to allow eight (8) work-live units consistent with the Alameda Marina Master Plan
Body
CITY OF ALAMEDA
PLANNING, BUILDING AND TRANSPORTATION DEPARTMENT
ADMINISTRATIVE USE PERMIT
ITEM NO: 3-A
PROJECT
DESCRIPTION: PLN22-0571 - Administrative Use Permit - 1777 Clement Avenue (Alameda Marina, Wrap A) - Applicant: Sean Murphy on behalf of PR II BWG LAUNCH OWNER LLC. Public hearing to consider an administrative use permit to allow eight (8) work-live units consistent with the Alameda Marina Master Plan.
GENERAL PLAN: Mixed-Use
ZONING: MX-MF, Mixed-Use Planned Development District, with Multi-family Residential Combining Overlay Zone.
DETERMINATION: The Alameda Marina Final EIR (State Clearinghouse No. 2016102064) evaluated the environmental impacts of redevelopment and reuse of the lands at Alameda Marina. No further environmental review is required for this project.
PROJECT PLANNER: Brian McGuire, 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.
BACKGROUND:
The applicant is proposing eight Work/Live units within the Residential Buffer zone of the Alameda Marina Master Plan. In July 2018, the City Council approved the Master Plan which established standards, maps and diagrams for the redevelopment of the entire alameda Marina property. At the same July 2018 meeting, the City Council certified the Alameda Marina Final Environmental Impact Report which evaluated the environmental impacts of redevelopment and reuse of the lands at Alameda Marina. The Master Plan established a Residential Buffer zone in the location of the proposed Work/Live units along the eastern elevation of the five-story Launch building, which is under construction and will contain 360 residential units. The Residential Buffer serves as a transition between the residential use to the west and Maritime and Commercial Core to the east. Work/Live units are a permitted use in the Residential Buffer zone subject to a use permit as required by the City’s Work/Live Ordinance (Alameda Municipal Code (AMC) Section 30-15). The eight Work/Live units will contain approximately 10,007 rentable square feet of space. Six of the units will be approximately 1,131 square feet each; one of the units will be approximately 1,980 square feet; and one of the units will be approximately 1,311 square feet. As required by the Ordinance, each unit will have no more than 400 square feet of living area. Any ground floor living area will be fully integrated into the floor plan of the commercial space.
The project meets the development standards for Work/Live units as prescribed by AMC Sections 30-15.4:
1. Minimum Floor Area: The Work/Live units are all greater than the 500-square-foot minimum floor area requirement.
2. Maximum Permitted Living Space Area: The area reserved for living space in each unit is less than the maximum permitted living space area of 400-square-feet.
3. Separation Required: The Work/Live units are separated from other uses in the building and have direct access from the exterior of the building.
4. Parking: The Work/Live units do not exceed the maximum number of parking spaces allowed. There are no parking spaces dedicated to the Work/Live units and all non-residential parking at the site is shared amongst different users.
The proposed design of the Work/Live units maintains a bona fide commercial space with the living quarters being incidental and fully integrated. Staff is recommending several conditions of approval to ensure that this balance and integration between the commercial space and living area be maintained, and if changes are proposed they are reviewed by the City to ensure continued compliance with the Work/Live Ordinance.
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 are architecturally, aesthetically, and operationally harmonious with the community and surrounding development.
The Mixed-Use Planned Development District is intended to encourage a compatible mix of uses which may include residential, retail, offices, recreational, entertainment, research oriented light industrial, water oriented or other related uses. The Alameda Marina has, and the Master Plan envisions, a mix of residential, commercial, and water oriented uses. The Work/Live units are compatible with the mixed urban use environment envisioned in the Master Plan. The units are fully integrated into the Launch building, which underwent design review and approval by the Planning Board, and will ensure an operationally harmonious environment with the surrounding development by acting as a buffer between the residential and more intensive commercial uses of the Alameda Marina.
2. The proposed use will be served by adequate transportation and service facilities, including pedestrian, bicycle and transit facilities.
The proposed Work/Live units will be served by adequate transportation and service facilities, including pedestrian, bicycle and transit facilities. The project site is located on Clement Avenue, which is designated as a Neighborhood Connector in the General Plan Mobility Element appendix on Street Classifications and provides for citywide circulation needs. The project site is fronted by the Cross Alameda Trail, which provides separated bicycle and pedestrian facilities across the island - the final segments are under development and expected to be complete by 2025. AC Transit Line 19 passes two blocks from the project site, and high-frequency Line 51A and Transbay Line O stop one half mile away. Additionally, pursuant to the Master Plan, all residential and commercial tenants or owners are required to contribute annually to the Alameda Transportation Management Authority, which provides free bus passes and funds additional and enhanced transportation options. Significant amounts of vehicle and bicycle parking are provided on site.
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 deleterious effects on existing business districts or the local economy.
The proposed Work/Live units are compatible with the uses contemplated in the Alameda Marina Master Plan. The commercial operations in the Work/Live units will be conducted in compliance with the Work/Live Ordinance and the proposed conditions of approval in order to avoid off-site impacts in the surrounding area. The proposed Work/Live units will provide complementary uses to the other planned uses at the Alameda Marina and will provide needed services for nearby residents and businesses while reducing the amount of work-related vehicle trips by including living space alongside the commercial spaces.
4. The proposed use relates favorably to the General Plan.
The site is located within an area designated by the General Plan as Mixed Use and the proposed use is consistent with this land use designation. Furthermore, General Plan Guiding Policy LU-2 Action (h) to permit “small employment and business opportunities such as home occupations, live work, and cottage businesses in all residential and mixed use zoning districts to reduce commute hour traffic and associated greenhouse gas emissions.” General Plan Policy LU-23 (Action c. Waterfront Mixed-Use) to support a lively waterfront and a pedestrian friendly environment calls for providing for a mix of uses adjacent to the waterfront including a mix of multi-family residential, neighborhood serving commercial, office, marine, and waterfront commercial recreation, boat repair, maintenance and storage, dry boat storage and hoists, waterfront restaurants and related amenities. The proposed Work/Live use permit is consistent with the General Plan and will also allow activities that are compatible with other uses in the neighborhood. The proposed use permit is consistent with the General Plan.
5. The proposed or existing use of each work/live studio is a bona fide commercial or industrial activity consistent with AMC Section 30-15.5d.
The Alameda Marina Master Plan conditions of approval require compliance with all provisions of the City’s Work/Live Ordinance, including AMC Section 30-15.5d. The Work/Live units range in size from 1,131 to 1,980 square feet, with less than 400 square feet reserved exclusively for living area, preserving the remaining space for commercial or industrial activities. The owner will be required to record a notice on the property specifying the limitations of use and operation included in the use permit. These limitations include a requirement that at least one occupant of each Work/Live unit maintain a current City of Alameda business license for a bona fide commercial or industrial activity in the unit. The annual license renewal process provides an opportunity for the City to verify compliance.
6. The establishment of the work/live studios will not under the circumstances conflict with nor inhibit industrial or commercial uses in the area where the project is proposed.
The Work/Live units will provide a buffer between the Maritime and Commercial Core and adjacent multifamily residential uses at Alameda Marina. The applicant will provide written notice to all Work/Live occupants and users that the building and surrounding area may be subject to levels of noise, odors, and other effects that are associated with commercial and industrial uses that may be found in the project vicinity. Commercial activity within the Work/Live studios will be required to avoid any off site impacts or potentially harmful uses.
7. Any building containing work/live studios and each work/live studio within the building has been designed to ensure that they will function predominantly as work spaces with incidental residential accommodations meeting basic habitability requirements in compliance with applicable regulations.
The Work/Live units are designed to preserve the vast majority of space for commercial activities, allocating less than 400 square feet for the living area. The living area has been designed and located to avoid interruption of the commercial space. The ground floor entrances provide access to the commercial area from the street and adjacent commercial and parking areas. The proposed living area will meet all applicable residential building codes. A deed restriction will be applied to the property to ensure that the space will predominantly function as a work space and not primarily a dwelling unit. Except for spaces designated for sleeping, areas intended as living space will be an integral part of each studio and not separated from the work space.
8. Any changes proposed to the exterior appearance of the building will be compatible with adjacent commercial or industrial uses where all adjacent land is zoned for commercial or industrial uses. If there is adjacent residentially-zoned land, then the proposed changes to the building shall make the commercial or industrial building being converted more compatible with the adjacent residential area.
The building was purposefully designed to be compatible with the adjacent residential uses while also respecting the adjacent commercial and maritime historic use character of the area. No exterior changes are being proposed as part of this use permit.
CONDITIONS:
1. Compliance with Plans. Any modification on the site shall be in substantial compliance with the plans prepared by Studio FCF, dated October 3, 2022, and on file in the office of the City of Alameda Planning, Building & Transportation Department.
2. Building Permits. A copy of this Use Permit Approval shall be incorporated into the first pages of Building Permit plans, including the conditions of approval, associated with any future tenant improvements.
3. Compliance with City Ordinances. The approved use is subject to, and shall comply with, all applicable City ordinances and laws and regulations of other governmental agencies.
4. Compliance with Conditions. The applicant/property owner shall ensure compliance with all of the conditions contained in this Use Permit approval. Failure to comply with any condition may result in issuance of citation, and/or modification or revocation of the Use Permit approval.
5. 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.
6. Permitted Work Activity: The work activity in the building shall be uses permitted by right or uses permit in the zoning district, except that, in order to protect the health and safety of persons who reside in a work/live studio or in a building which contains one (1) or more work/live studios, no work activity shall be permitted nor shall any work/live studio be established on any site that contains those uses which the Planning Director when considering a work/live permit or a use permit, finds would, by virtue of size, intensity, number of employees or the nature of the operation, have the potential to create significant impacts by reason of dust, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration or other impacts, or would be hazardous by way of materials, process, product or wastes including, but not limited to: auto service/repair, vehicle sales or leasing, car washes, service stations, bars/lounges/night clubs, adult businesses, marine engine repair/refueling facilities, animal kennels/grooming/pet shops, liquor stores, veterinary offices/hospitals, funeral parlors/mortuaries, outdoor storage as a primary use, crematories/columbaria, dismantling facilities/scrap yards, public utility structures and facilities, tire sales/service, truck stops/repair.
Uses allowed under the foregoing paragraph that may, depending on how they are operated, also have the potential to generate impacts or would constitute a change in occupancy under the building code shall not be approved unless the Planning Director finds that as proposed to be conducted, or as modified by conditions of use permit, they would not conflict with or adversely affect existing work uses in the building and in the area where the work/live studio is located. No use shall be approved where, given the design or proposed design of the work/live studio, there would be the potential for adverse health impacts from the proposed use on the people residing in the studio. An example of a potential health impact is the potential for food contamination from uses which generate airborne particulates in a studio with an unenclosed kitchen.
7. Work/Live Requirements:
a. Work/Live Permit Required: The tenant of the Work/Live studio must obtain a work/live permit prior to occupancy and issuance of a business license. Such permit shall be issued by the Planning Director based on a determination that the proposed occupancy is consistent with the approved use permit and all applicable requirements of this section. Application for a Work/Live permit shall be made to the Planning, Building & Transportation Department in writing on a form approved by the Department and shall be accompanied by a fee as set by resolution of the City Council.
b. Business License Required: At least one (1) occupant of each work/live studio shall maintain a current City of Alameda business license for a business located in that studio.
c. No Separate Sale or Rental of Portions of Unit: No portion of the work/live studio may be separately rented or sold as a commercial space for a person or persons not living in the premises or as a residential space for a person or persons not working in the same studio.
d. Lease Agreements: The property owner of the property shall ensure that all work/live studio leases include provisions requiring maintenance of a valid Work/Live Permit and valid business license.
e. Mixed Occupancies: If a building contains mixed occupancies of work/live studios and other nonresidential uses, occupancies other than work/live shall meet all applicable requirements for those uses, and proper occupancy separations shall be provided between the work/live studios and other occupancies, as determined by the Building Official.
f. Notice to Occupants Required: The owner shall provide written notice to the work/live occupant and users that the surrounding area may be subject to levels of noise, dust, fumes, or other effects associated with commercial and industrial uses at higher levels than would be expected in residential areas. State and Federal health regulations notwithstanding, noise and other standards shall be those applicable to commercial or industrial properties in the district where the project is located. For purposes of noise control, work/live studios shall be classified as commercial property under Table II in Section 4-10.4 of the Alameda Municipal Code.
g. Change of Use from Work/Live Studio: Any change to the approved Work/Live Studio shall be submitted to the Planning, Building & Transportation Department for review and approval.
h. Increase in Residential Use: The work/live studio shall not be changed to increase the floor area devoted to residential use without review and approval of the Planning Director. In no case shall the floor area devoted to residential use be increased to more than four hundred (400) square feet or thirty (30%) percent of the gross floor area of the unit whichever is less.
i. Additions to Building Envelope: All changes to the exterior of work/live structures shall comply with the purposes set out in AMC 30-15.1g. and h. and with the required findings set out in AMC 30-15.6d.
j. Deed Restriction Required: The owner of the building containing the work/live studio shall record a notice on the property specifying the limitations of use and operation included in the use permit and all Additional Requirements specified in AMC Section 30-15.5
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. Vesting. The Use Permit approval shall expire two (2) years after the date of approval or by January 9, 2025 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.
10. 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 Alameda Marina Final EIR (State Clearinghouse No. 2016102064) evaluated the environmental impacts of redevelopment and reuse of the lands at Alameda Marina. No further environmental review is required for this project.
Use Permit
The Zoning Administrator 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: January 9, 2023
Allen Tai, Zoning Administrator