Title
PLN24-0067 - Administrative Use Permit - 2694 Blanding Avenue (1906 Broadway - APN: 70-196-43) - Applicant: Malyka Chop. Public hearing to consider an administrative use permit to allow a daycare center in an existing commercial building. A portion of the existing parking lot will be converted to a fenced outdoor play area to support the use.
Body
ADMINISTRATIVE USE PERMIT
APPLICATION NO: PLN24-0067
PROJECT
DESCRIPTION: PLN24-0067 - Administrative Use Permit - 2694 Blanding Avenue (1906 Broadway - APN: 70-196-43) - Applicant: Malyka Chop. Public hearing to consider an administrative use permit to allow a daycare center in an existing commercial building. A portion of the existing parking lot will be converted to a fenced outdoor play area to support the use.
GENERAL PLAN: Community Mixed-Use
ZONING: NP-MU, North Park Street - Mixed Use District
ENVIRONMENTAL
DETERMINATION: The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15332 - Infill Development.
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 commercial building at 2694 Blanding Avenue. The existing commercial building, surrounding parking lot and grounds at 2694 Blanding Avenue are part of a larger 0.89 acre mixed use parcel (APN: 70-196-43) at 1906 Broadway. The parcel includes two residential buildings fronting Broadway containing a total of five residential units. Fronting Blanding Avenue is a large surface parking lot and landscaping in front of a commercial building with an existing, legal non-conforming mortuary tenant. Mortuaries are not a permitted use in the North Park Street - Mixed Use Zoning District (NP-MU).
Applicant proposes to replace the mortuary use with a preschool with approximately 100 children. Daycare centers are permitted in the NP-MU District with approval of a use permit. As the residential units on the property turn over, applicant intends to use the units for staff housing due to housing costs impacting worker retention. No exterior changes to the existing buildings are proposed as part of this use permit. At the rear of the existing parking lot, applicant will add a fenced outdoor play area and bicycle parking for staff and families. A condition of this use permit requires that the applicant coordinate with the Public Works Department and obtain an encroachment permit to install a connection from the site directly to the upcoming Cross Alameda Trail extension. In coordination with the City’s adjacent, planned street improvement project, applicant has agreed to abandon one of the two driveway entrances on Blanding Avenue. This will reduce conflicts with pedestrians and bicyclists and help ensure orderly operation of the planned roundabout at the intersection of Blanding, Fernside and Tilden. Parents and guardians arriving by automobile will utilize the two-way driveway entrance at the northwest corner of the site.
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 North Park Street Zoning District more broadly. The daycare use will provide an important service to the neighborhood which is operationally harmonious with the nearby mix of residential and commercial uses. The daycare use will activate and bring vitality to a gateway corner for the city.
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 site is served by Blanding Avenue, which is classified as a Business Commercial Street in the General Plan and provides for citywide circulation. At least fifteen of the existing off-street parking spaces will remain to serve drop off and pickup needs. The site borders the soon-to-be constructed Cross Alameda Trail extension which will provide safe pedestrian and bicycle access from across the city. The project site is less than one mile from Fruitvale BART station and is served by AC Transit by lines 19, 20, 21 51A, and transbay bus line O.
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 residential and commercial uses. The outdoor play area is separated from the adjacent residences by the building that will house the daycare. Furthermore, the play area is oriented toward Tilden Avenue, a busy gateway street that generates significant road noise likely to drown out any noise generated by children playing nearby. By providing a needed service for young families, the daycare will have a positive economic effect on the nearby businesses 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-2, Complete Neighborhoods calls for permitting childcare facilities in all residential and mixed use zoning districts. 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 of the older building economically viable. It enables intensification and reinvestment in the existing building and reduces climate impacts associated with alternative redevelopment possibilities.
CONDITIONS:
1. Approved Uses: This use permit approves a daycare center with up to 120 children in an existing commercial building with an associated outdoor play area at 2694 Blanding Avenue.
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 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 as depicted in Exhibit 1 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: Standard hours of operation are anticipated to be 7:00 A.M. to 6:00 P.M. with other ancillary activities in the evenings, and no limitation in the permit or district.
6. Single Driveway: Within ninety (90) days of final approval of this use permit or applicant closing escrow on the property, whichever is later, applicant shall provide written acknowledgement and authorization to the satisfaction of the City Engineer abandoning the easternmost driveway curb cut in the Blanding Avenue public right of way, to be repaired at City’s expense and convenience. If the preschool begins operations prior to construction of the City’s Clement-Tilden Safety Improvement Project, applicant shall keep the eastern driveway gate closed during business hours.
7. Parking: Applicant shall utilize existing parking in the northern portion of the site with approximately 14 spaces, as depicted in Exhibit 1 - Site Plan, for drop off and pick up purposes.
8. Cross Alameda Trail Connection: Within 180 days of beginning daycare operations or completion of adjacent Cross Alameda Trail extension, whichever is later, applicant shall obtain an encroachment permit from the Public Works Department to establish, at applicant’s expense, a bicycle and pedestrian connection to the Cross Alameda Trail segment along Tilden Way.
9. Bicycle Parking. Applicant shall provide a minimum of six (6) short term and six (6) long term bicycle parking spaces. Bicycle rack location(s) and types shall comply with Alameda Municipal Code (AMC) 30-7.6 and City of Alameda Bicycle Facility Design Standards and final bicycle parking plan shall be approved by the Planning Director.
10. 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.
11. Vesting. The Use Permit approval shall expire two (2) years after the date of approval or by April 1st, 2026, 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.
12. 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 15332 - Infill Development.
Use Permit
The Zoning Administrator approves the Use Permit with the conditions listed above.
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: April 1, 2024
Steven Buckley, Zoning Administrator