Resolution 14430CITY OF ALAMEDA RESOLUTION NO. 14430
UPHOLDING THE PLANNING BOARD'S DECISION AND APPROVING
MODIFIED USE PERMIT PLN09 -0330 AT 2201 SOUTHSHORE
CENTER (Kohl's)
WHEREAS, an application was made by Kohl's, requesting a Use Permit to
allow extended hours of operation outside the hours of 7:00 a.m. to 10:00 p.m.;
and
WHEREAS, the project site is located within a C -2 -PD, Central Business
District, Planned Development Combining District; and
WHEREAS, the project site is designated Community Commercial on the
General Plan Diagram; and
WHEREAS, Planning Board held a public hearing on this application on
November 9, 2009; and on January 11, 2010; and
WHEREAS, after considering all materials submitted and all comments
made by all parties, including staff, regarding this application, the Planning Board
made the requisite findings and unanimously to approve the modified use permit
application for extended hours 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 -0330 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:
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.
Kohl's is part of an existing shopping center that has been in continuous operation
since the 1950's. The proposed change in hours of operation to allow extended
hours is compatible with the mix of commercial uses in the neighborhood and is
not expected to generate significant impacts on residential uses, due to the store's
location across the street and over 400 feet from residential properties. Several
other businesses in the shopping center including restaurants, grocery stores and
drug stores operate with extended hours. The granting of extended hours will have
no effect on existing structures.
2. The proposed use will be served by adequate transportation and
service facilities, including pedestrian, bicycle and transit facilities.
The proposed use is adequately served by a large parking lot and transit service.
During the extended hours (before 7 am and after 10 pm) the parking lot provides
ample parking for the use.
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 significant deleterious effects on existing business
districts or the local economy.
The extension in store hours will not result in any increase in traffic during peak
traffic hours. Any increase in traffic will be minimal and will occur during periods
when traffic volumes are very low. The City has evaluated potential impacts
associated with the ongoing operation and expansion of the shopping center,
including twenty -four hour deliveries. In 2003, the City adopted a Mitigated
Negative Declaration (MND) for the proposed expansion and redevelopment of the
center. In 2008, the City certified an Environmental Impact Report (FIR) that
evaluated an additional expansion of the center. In both cases, no significant
impacts that could not be adequately mitigated were identified.
4. The proposed use relates favorably to the General Plan.
General Plan Retail Business and Services guiding policy 2.5.d states, "...
encourage the continuing improvements to the South Shore Center" (Alameda
Towne Centre). Granting extended hours will allow this business to continue to
thrive and provide a higher level of customer service. This, in turn, supports the
continued improvements to the South Shore Center (now known as Alameda
Towne Centre).
NOW, THEREFORE, BE IT RESOLVED THAT, the project is Categorically
Exempt from additional environmental review pursuant to CEQA Guidelines
Section 15301 -- Existing Facilities and 15162 -- Subsequent EIRs and Negative
Declarations.
BE IT FURTHER RESOLVED THAT the City Council of the City of Alameda
hereby upholds the decision of the Planning Board and approves modifications
to Use Permit, PLNO9 -0330 for extended store hours subject to compliance
with the following conditions:
The Kohl's store may stay open for business:
a. From 6 :00 a.m. to 12 midnight between November 1 and January 1
and for one day a year for a "sales tax holiday" sale between
January 1 and November 1.
b. From 4:00 a.m. to midnight on the Friday after Thanksgiving and
from 5:00 am to midnight on the Saturday before Christmas.
c. With the exception of the one "sales tax holiday ", between January
2nd and October 31, the store will not open before 7 :00 am or close
after 10 pm between January 2nd and October 31st.
2. The loading and unloading of trucks ( "truck deliveries ") at the store is
permitted between 7:00 am and 10 :00 pm daily, and prohibited after 1 0:00
pm or before 7:00 am daily.
3. All delivery trucks shall limit engine idling to a maximum of 5 minutes.
4. All delivery activities shall be conducted in compliance with the
requirements of the Noise Ordinance
5. In the event that the City documents two violations of these conditions, the
City shall automatically set a date for a revocation hearing before the
Planning Board.
6. 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.
7. Hold Harmless and Indemnification: 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
g
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
g
Board and their respective agents, officers or employees to attack, set
aside, void or annul, an approval by the City of Alameda, the Community
Development 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 16th day of March, 2010, by the following vote to wit:
AYES: Councilmembers Gilmore, Matarrese, Tam
and Mayor Johnson - 4,
NOES: Councilmember deHaan -- 1.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, 1 have hereunto set my hand and affixed the official seal of
said City this 1 7th day of March, 2010.
Lara Weisiger, C Clerk
City of Alameda