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PLN23-0040 - Administrative Use Permit - Marina Village Master Plan Area - Applicant: Kelsey Fernando on behalf of Blue Rise Ventures. Public hearing to consider a use permit to approve and establish performance standards for backup/standby generators and their enclosures, within the Marina Village Business Park. This use permit approval will apply to all properties identified within Land Use Parcels C, B, E2, and H of the Marina Village Master Plan.
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CITY OF ALAMEDA
PLANNING, BUILDING AND TRANSPORTATION DEPARTMENT
ADMINISTRATIVE USE PERMIT
PROJECT
DESCRIPTION: PLN23-0040 - Administrative Use Permit - Marina Village Master Plan Area - Applicant: Kelsey Fernando on behalf of Blue Rise Ventures. Public hearing to consider a use permit to approve and establish performance standards for backup/standby generators and their enclosures, within the Marina Village Business Park. This use permit approval will apply to all properties identified within Land Use Parcels C, B, E2, and H of the Marina Village Master Plan.
GENERAL PLAN: Business + Employment
ZONING: M-X, Mixed Use Planned Development District
DETERMINATION: The project is categorically exempt from the California Environmental Act (CEQA) pursuant to CEQA Guidelines Section 15303 - Small Structures.
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.
EXHIBITS: 1. Marina Village Master Plan Land Use Diagram
RECOMMENDATION: Approve the project with conditions.
PROPOSAL SUMMARY:
The applicant and owner of the Marina Village Business Park, Blue Rise Ventures, is requesting approval of a Use Permit to permit backup/standby generators within Land Use Parcels C, B, E2, and H of the Marina Village Master Plan area (Exhibit 1). Research and Development is the primary land use permitted within this area. These uses often require continuous electrical service for their operations, backup/standby generators allow these businesses to continue operation during power outages. Over the past two years the City has approved use permits for generators and associated equipment at five (5) locations within the business park, and the applicant is currently proposing generators at three (3) new locations: 950 Marina Village Parkway, 1000 Atlantic Avenue, and 1015 Atlantic Avenue. The applicant anticipates future tenants will have the same need for similar facilities, and is requesting approval for generator installations across the business park. When not in use these generators are routinely tested for on average fifteen (15) minutes once a month. This use permit contains conditions of approval to establish performance standards for future generators. This includes requiring all equipment be contained within an enclosure to minimize noise and to provide visual screening of the equipment. Additionally, the applicant must fulfill permit requirements from state and regional agencies, such as the Alameda Fire Department, the Bay Area Air Quality Management District (BAAQMD), and the Alameda County Department of Environmental Health and other applicable regional, state, and federal agency for the storage of hazardous materials.
USE PERMIT 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 use consists of new backup/standby generators and their equipment enclosures for properties within Land Use Parcels C, B, E2, and H of the Marina Village Master Plan (Exhibit 1). The various sites are suitable for the use because the backup/standby generators will be serving existing commercial facilities specifically zoned for Research and Development and light industrial uses accessory to office uses. As conditioned, equipment enclosures are required to screen proposed equipment and therefore will have minimal visibility from the street. In addition, the equipment will be required to comply with all state and local requirements addressing air quality, noise, hazardous materials, and other possible safety or public nuisances.
2. The proposed use will be served by adequate transportation and service facilities, including pedestrian, bicycle and transit facilities.
The existing Marina Village Master Plan area is fully developed and is served by adequate transportation facilities. The proposed project will not result in any changes to the existing pedestrian, bicycle, or transit facilities within the Marina Village Master Plan 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.
There are no significant public health and safety risks associated with backup/standby generators. The installation of backup/standby generators must comply with all state and local requirements addressing air quality, noise, hazardous materials, and other possible safety or public nuisances. The installation of backup/standby generators must also comply with all applicable state and local regulations, including requirements from the Bay Area Air Quality Management District (BAAQMD). 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. Future proposals that do not meet all of the conditions of approval will not be issued permits for installation.
4. The proposed use relates favorably to the General Plan.
The General Plan designates this area as Business + Employment where uses are envisioned to include research and development space, manufacturing, and distribution that supports the Marina Village Business Park. The proposal is for accessory equipment in service of existing and proposed office and Research and Development uses that are consistent with the Business + Employment designation. Specifically, this use permit supports Policy LU-11 in the General Plan, which calls for increasing on-island employment to provide employment opportunities for Alameda residents, reduce commute hour congestion, and reduce transportation related greenhouse gas emissions.
1. Approved Use: This use permit approves the placement and operation of backup/standby generators and their enclosures on all properties identified within Land Use Parcels C, B, E2, and H of the Marina Village Master Plan. This use shall be permitted only when accessory to a permitted or conditionally permitted principal use and in compliance with the following conditions of approval:
2. “Backup/standby generators” shall mean energy generating equipment that is installed at the ground level and is not entirely enclosed by the main building(s) on the property.
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3. Testing: Testing of backup/standby generators is limited to 7:00 A.M. to 7:00 P.M., Monday through Friday.
4. Extended Operation: Operation of a backup/standby generators shall not exceed a maximum time period of four (4) consecutive months in any twelve (12) month period.
5. Equipment Enclosure: All backup/standby generators shall be screened from view by a wall or other screening material consistent with AMC Section 30-5.14, rising a minimum of two (2′) feet above the equipment; provided, that no such screen or wall shall exceed ten (10′) feet. All enclosure areas shall be surfaced to provide a durable and dust-free surface and properly graded so as to dispose of all surface water. When feasible, backup/standby generators should be located at the rear of the property. Where residential uses are adjacent, generators should be located away from residential neighbors. For walls or fences located next to street right-of-way, landscaping shall be located between the public right of way and the fence or wall of the enclosure.
a. Outdoor Storage of Equipment for Sale or Rental: The equipment enclosure shall not include the storage of equipment, motorized and nonmotorized, for sale and/or rental, such as tools, trucks, tractors, construction equipment, and similar equipment.
b. Prohibited Materials: Barbed wire, razor wire, and other similar materials shall not be permitted as any part of any equipment enclosure.
c. Adjacent Residential Uses: For properties adjacent to residentially zoned or developed properties, equipment pads and equipment enclosures shall be located away from residential uses and shall observe a minimum setback of twelve feet (12’) from the property line adjacent to the residential use. All equipment enclosures within 20’ of a residentially zoned or developed property shall have solid walls.
6. Site Circulation: Backup/standby generators and their enclosures shall not interfere with existing fire lanes, sidewalks, stormwater treatment facilities, or ADA access. Where interference is unavoidable, a plan to re-route such facilities shall be approved by the Planning Director prior to issuance of permits for the generator.
7. Exterior Lighting: New exterior lighting fixtures shall be low intensity, directed downward and shielded to minimize offsite glare.
8. Vibration: No vibration shall be permitted which is discernible without instruments at any property line.
9. Fire Hazards: The storage, use or production of products which, either in the raw or finished state, constitutes an inflammable or explosive material shall be subject to the applicable fire codes and with the approval of the Alameda Fire Department. Areas devoted to outdoor storage of any type shall be accessible to firefighting equipment at all times.
10. 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 citation, and/or modification or revocation of the Permit.
11. Compliance with City Ordinances: The approved use is subject to, and shall comply with, all applicable City Ordinances, including the City’s Noise Ordinance.
12. Compliance with Regulatory Approvals: Prior to issuance of building permits the applicant shall comply with any applicable provisions and permits required by any federal, state, or regional agencies including the Bay Area Air Quality Management District and Alameda County Department of Environmental Health.
13. 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.
14. 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.
15. 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 as a Class 1 Categorical Exemption and no additional environmental review is necessary pursuant to CEQA Guidelines Section 15303 - Small Structures
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