Resolution 14402CITY OF ALAMEDA RESOLUTION NO. 14402
UPHOLDING THE PLANNING BOARD'S DECISION AND APPROVING
USE PERMIT APPLICATION NO. PLNO9 -0253 FOR A CONVENIENCE
STORE LOCATED AT 1623 PARK STREET
WHEREAS, an application was made on July 27, 2009, by Abdulmalik Harbi,
requesting a Use Permit to operate a convenience store at 1623 Park Street; and
WHEREAS, the application was deemed complete on August 4, 2009; and
WHEREAS, the project site is located within a C -M, Commercial
Manufacturing District; and
WHEREAS, the project site is located within a Community Commercial
General Plan Designation; and
WHEREAS, the project site is located within 300 feet of a residential zone
district; and
WHEREAS, the C -M zoning regulations require consideration of a use permit
for a convenience stores within 300 feet of any residential zoning district; and
WHEREAS, the Planning Board held a public hearing to consider a use
permit application for a convenience store at 1623 Park Street on October 12, 2009;
and
WHEREAS, after considering ail materials submitted and all comments
made by all parties, including staff, regarding this application, the Planning Board
made the requisite findings and voted 4 -1 to approve the use permit application
subject to a number of conditions; and
WHEREAS, the Alameda Municipal code provides that decisions by the
Planning Board may be called up for review by a member of the City Council within
10 days of the date of a Planning Board decision; and
WHEREAS, the Planning Board's approval of PLNO9 -0253 was called up for
review by a member of the City Council within the requisite time frame; and
WHEREAS, this Council held a de novo public hearing on the use permit
application at which all materials submitted and all comments made by all parties,
including staff, regarding this application were considered; and
WHEREAS, the City Council has made the following findings with respect to
the use permit application:
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 convenience store, would occupy a retail space which has
been vacant and boarded up for several years and does not include elements or
aspects of operation that are expected to generate significant impacts.
2. The proposed use will be served by adequate transportation and service
facilities including pedestrian, bicycle, and transit facilities.
The parcel does not provide on -site parking. On- street parking spaces are
available on Park Street and Pacific Avenue. AC Transit lines run on Park Street
and AC Transit stops are within % of a mile of the site. The property is fully
developed and does not require additional utilities.
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.
The proposed convenience store is not expected to adversely affect other
properties, especially residentially zoned properties, fills a vacant commercial
space, and adds to the mix of businesses in the area; thus, drawing additional
clientele, which will benefit the business environment of the area.
4. The proposed use relates favorably to the General Plan.
Continuation of a retail business at this location is consistent with General
Plan Policy 2.5.a, which calls for providing enough retail and service space to
enable Alameda to realize its full retail sales potential. In addition, the increase in
foot traffic and a occupied storefront will improve the street ambiance on Park Street
North of Lincoln Avenue.
BE IT RESOLVED THAT, the project is Categorically Exempt from additional
environmental review pursuant to CEQA Guidelines Section 15301, Existing
Conditions.
BE IT FURTHER RESOLVED THAT the City Council of the City of Alameda
hereby upholds the decision of the Planning Board and approves Use Permit
Application No, PLN99 -9253, for the operation of a convenience store subject to
compliance with the following conditions:
t Revocation: This Use Permit may be modified or revoked by the Planning
Board, pursuant to Alameda Municipal Code Section 30 -21.3d should the
Planning Board 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.
2. Expiration: The Use Permit approval shall expire two (2) years after the date
of approval or by November 17, 2011 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.
3. The project shall be reviewed for compliance with all conditions of approval
and any impacts on residential districts one year after obtaining the
certificate of occupancy and commencing the business.
4. The sale of paraphernalia typically associated with the use of illegal
products, such as hookahs, bongs, water pipes, etc. is prohibited.
5. The applicant shall obtain a sign permit to install a business sign in the pre-
existing placeholder on the building's awning.
6. The business' storefront windows shall have minimal signage and must
comply with AMC 30 -6.4.c which states that no permanent or temporary
window sign shall be larger than 10 square feet and shalt not occupy more
than 25% of the window within the window frame. In addition, all promotional
signs may only be posted for a maximum of 30 days. All promotional signs
shall state, using letters 1 inch in height, the date the promotional signs were
posted.
7. No A- frame signs are permitted on the sidewalk and public right of way.
8. The applicant shall provide receptacles for trash placed in a location that
does not block paths or public walkways.
9. The applicant shall promptly remove litter on a daily basis on Park Street and
Pacific Avenue generated by customers of this business.
10. The applicant shall submit an exterior lighting plan for review and approval by
Planning division staff for the purpose of providing a well illuminated store
front for safety purposes.
1 1 . Prior to any expansion of display areas beyond what is shown on the
submitted plans, the applicant shall submit plans for review and approval by
Planning staff, and if necessary, be reviewed by the Planning Board through
the Use Permit amendment process.
12. The applicant is not permitted to expand the sale of tobacco and related
products to a level that would place the convenience store on par with a
tobacco store. Under no circumstances shall the sale of tobacco and related
products exceed twenty percent of the total floor area or 75 percent or more
of gross receipt sales pursuant to Alameda Municipal Code 30 -2.
13. HOLD HARMLESS. The applicant shall defend (with counsel reasonably
acceptable to the City), indemnify, and hold harmless the City of Alameda, its
Redevelopment Agency, the Alameda City Planning Board and their
respective agents, officers, and employees from any claim, action, or
proceeding (including legal costs and attorney's fees) against the City of
Alameda, Alameda Redevelopment Agency, Alameda City Planning Board
and their respective agents, officers or employees to attack, set aside, Void
or annul, an approval by the City of Alameda, the Planning and Building
Department, Alameda City Planning Board, the City of Alameda
Redevelopment Agency or City Council relating to this project. The City shall
promptly notify the applicant of any claim, action or proceeding and the City
shall cooperate in such defense. The City may elect, in its sole discretion, to
participate in the defense of said claim, action, or proceeding.
NOTICE. No judicial proceedings subject to review pursuant to California Code
of Civil Procedure Section 1094.5 may be prosecuted more than ninety (90) days
following the date of this decision plus extensions authorized by California Code of
Civil Procedure Section 1094.6
NOTICE. The conditions of project approval set forth herein include certain
fees and other exactions. Pursuant to Government Code Section 66020 (d) (1), these
Conditions constitute written notice of a statement of the amount of such fees, and a
description of the dedications, reservations and exactions. The applicant is hereby
further notified that the 90 -day appeal period, in which the applicant may protest these
fees and other exactions, pursuant to Government Code Section 66020 (a) has
begun. If the applicant fails to file a protest within this 90 -day period complying with all
requirements of Section 66020, the applicant will be legally barred from later
challenging such fees or exactions.
1, the undersigned, hereby certify that the foregoing Resolution was duly and
regularly adopted and passed by the council of the City of Alameda during the Regular
Meeting of the City Council on the 17th day of November, 2009, by the followin g vote to
wit:
AYES: Councilmembers deHaan, Gilmore, Tam
and Mayor Johnson - 4.
NOES: Councilmember Matarrese - 1.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of
said City this 18th day of November, 2009.
Lara Weisiger, Ci
City of Alameda
y