Title
PLN23-0048 - Administrative Use Permit - 638 Eagle Avenue - Applicant: Veronica Carranza. Public hearing to consider an administrative use permit to allow a daycare center in an existing legal non-conforming single family dwelling on an approximately 4,950 square foot lot. The proposed hours of operation will be from 7:30 AM to 6:00 PM.
Body
CITY OF ALAMEDA
PLANNING, BUILDING AND TRANSPORTATION DEPARTMENT
ADMINISTRATIVE USE PERMIT
PROJECT
DESCRIPTION: PLN23-0048 - Administrative Use Permit - 638 Eagle Avenue - Applicant: Veronica Carranza. Public hearing to consider an administrative use permit to allow a daycare center in an existing legal non-conforming single family dwelling on an approximately 4,950 square foot lot. The proposed hours of operation will be from 7:30 AM to 6:00 PM.
GENERAL PLAN: Community Mixed-Use
ZONING: C-C, Community Commercial District.
DETERMINATION: The project is categorically exempt from the California Environmental Act (CEQA) pursuant to CEQA Guidelines Section 15301 - Existing Facilities.
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. Site Plan
RECOMMENDATION: Approve the project with conditions.
PROPOSAL SUMMARY:
The applicant is proposing to operate a daycare in an existing single family dwelling and outdoor areas at 638 Eagle Avenue. The existing approximately 970 square foot, single family home was constructed in 1890 and the ground floor residential use is not in conformance with the Community Commercial Zoning District. Surrounding the site are multiple automotive repair business, a glass window and door workshop, and surface parking serving adjacent restaurant and motel uses. Daycare centers may be permitted in the C-C district with a use permit. The applicant anticipates operating Monday through Friday with approximately twenty children per day between the hours of 7:30 AM to 6:00 PM.
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 proposed childcare use is compatible with the other land uses in the immediate vicinity and the Community Commercial Zoning District more broadly. The daycare use will provide an important service to the neighborhood which is operationally harmonious with the adjacent commercial uses. The daycare use facilitates reinvestment in and maintenance of the pre-1900 structure, ensuring an architecturally and aesthetically compatible project.
2. The proposed use will be served by adequate transportation and service facilities, including pedestrian, bicycle and transit facilities.
The daycare use will be well served by transportation and service facilities. Vehicular access to the Eagle Avenue site is served by Webster Street, which is a major artery for citywide circulation and the spine of one of Alameda’s primary commercial business districts with numerous services and amenities available. One block from the site is the Cross Alameda Trail which connects bicyclists and pedestrians to destinations across the city. The project is also served by AC Transit by lines 20, 51A, 78, 96 and transbay bus lines O and W. The project site itself has an off street driveway available for drop off and pick up purposes to supplement available street parking in the area.
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 daycare facility is compatible with the surrounding commercial uses. These commercial uses are not sensitive to potential noise generated from the outdoor play area that will be associated with the daycare. By providing a much needed service for young families in the surrounding area, the daycare will have a positive economic effect on the surrounding business district by bringing people to the area.
4. The proposed use relates favorably to the General Plan.
The Alameda 2040 General Plan designation for this parcel is Community Mixed-Use. The proposed use is consistent with this land use designation which permits a wide variety of commercial and business uses. Land Use Element policy LU-10 calls for the Webster Street commercial area to provide a broad mix of retail stores, restaurants, entertainment, hospitality, and personal and professional services. The proposed childcare facility is consistent with that policy and will complement the other commercial uses nearby. Land Use Element policy LU-17, Adaptive Reuse and Restoration, calls for supporting and encouraging rehabilitation, restoration, and reuse of existing structures to retain the structure’s embodied energy and reduce the generation of waste. Approving the daycare use makes adaptive reuse and preservation of the older building economically viable and reduces climate impacts associated with alternative redevelopment possibilities.
CONDITIONS:
1. Approved Uses: This use permit approves a daycare center with up to 30 children located in a former single family home at 638 Eagle Avenue. The existing ground floor residential use may continue or be restored in the future if the daycare use ceases.
2. 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.
3. 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.
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. Hours of Operation: The approved hours of operation are between the hours of 7:00 a.m. and 10:00 p.m.
6. Drop Off and Pick-up. During operating hours, the existing driveway shall be reserved for short term caregiver vehicles conducting drop off and pick-up of children. Areas in the front yard setback directly in front of the building may not be used for vehicle parking or passenger loading or unloading. Applicant shall take reasonable measures to discourage customer vehicles from blocking the sidewalk, including a combination of signage and written and verbal communications to clientele. Prior to commencing daycare operations, the Applicant shall coordinate with the Public Works Department to pursue the possibility of converting the street parking space immediately in front of 638 Eagle Avenue into a white-curb loading zone to further facilitate orderly vehicular operations associated with the business.
7. Bicycle Parking. Tenant improvement plans shall include two short term bicycle parking spaces onsite accessible for caregivers arriving by bicycle. Bicycle rack(s) shall comply with City of Alameda Bicycle Facility Design Standards or other standard approved by the Planning Director.
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 March 20, 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 project is categorically exempt from the California Environmental Act (CEQA) pursuant to CEQA Guidelines Section 15301 - Existing Facilities.
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: March 20, 2023
Allen Tai, Zoning Administrator