Resolution 137450
U- w WHEREAS, the subject property is in the M -2, General Industrial Zoning District; and
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WHEREAS, the City Council finds that the proposal is Categorically Exempt from review
under the California Environmental Quality Act Guidelines Section 15332 — In -fill Development
• Projects; and
CITY OF ALAMEDA RESOLUTION NO.
13745
DENYING THE APPEAL AND UPHOLDING THE PLANNING BOARD'S
APPROVAL OF A USE PERMIT UP04 -0019, FOR THE CONVERSION OF
AN EXISTING INDUSTRIAL BUILDING TO WORK/LIVE STUDIOS AT
2515 BLANDING AVENUE
WHEREAS, an application was made on 12 November 2003 by Janet Koike for Cal Vita
LLC, requesting, approval of a Use Permit to convert a 15,940 square foot industrial building into
seven work/live studios with associated parking and landscaping; and
WHEREAS, the application was deemed complete for processing on 4 December 2003; and
WHEREAS, the subject property is designated General Industry on the General Plan
Diagram; and
WHEREAS, the Planning Board held a public hearing on April 12, 2004 and acted to
approve Use Permit, UP04 -0019; and
WHEREAS, on 15 April 2004, Edward J. Murphy filed an appeal of the Planning Board's
decision to the City Council; and
WHEREAS, on 20 April 2004, Patricia H. Bail filed an appeal of the Planning Board's
decision to the City Council; and
WHEREAS, the City Council interprets Article XXVI as not applying to work/live spaces; and
WHEREAS, the City Council considered responses to the bases of the appellants' appeal and
finds that there are no merits in the bases of appeal; and
WHEREAS, the City Council makes the following findings with respect to the appellants'
bases of appeal and relative to the Use Permit application:
1. The proposal is consistent with the City Charter. Work/live studios are not dwelling units
under the City Charter, State Law or Alameda Municipal Code section 30 -15.
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2. The location of the proposed use is compatible with other land uses in the general
neighborhood area because this project is surrounded by a variety of retail and industrial
uses. Thus, the work/live studios used by artists and craftspersons would be compatible with
the existing uses, which include a boat yard, electrical contractor and sail maker use.
3. The proposed use will be served by adequate transportation and service facilities because
the proposed use is in a fully serviced building. An AC Transit stop is one block east of
the site.
4. The proposed use, if it complies with all conditions upon which approval is made contingent,
will not adversely affect the property in the vicinity because any noise or vibration associated
with this use would not adversely affect property in the vicinity since the general
neighborhood is commercial and industrial in nature including a boat yard and a number of
contracting and vehicle repair facilities.
5. The proposed use relates favorably to the General Plan because Work/live studios are
specifically mentioned as a use in the northern waterfront area in the General Plan.
WHEREAS, the City Council has made the following findings specific to Work/Live
Studios:
1. The proposed or existing use of each work/live studio is a bona fide commercial or industrial
activity consistent with Section 30- 15.5(d) because any uses proposed will need to secure a
Work/live Permit as well as a business license. Thus, the Planning and Building Director
will be able to review all uses to ensure that this condition is met.
2. The establishment of work/live studios will not under the circumstances conflict with nor
inhibit industrial or commercial uses in the area where the project is proposed because the
area proposed for this work/live studio project is an eclectic commercial/industrial area,
which includes: a boat yard, small shopping center, video store, sail maker, and automobile
repair facility. The work/live use will not affect these uses or any future permitted uses in the
area.
3. Any building containing work /live studios and each work /live studio within the building has
been designed to ensure that they will function predominantly as work spaces with incidental
residential accommodations meeting basic habitability requirements in compliance with
applicable regulations because only small areas of each studio will be designed for "live"
space: separate sleeping and sanitary facilities and kitchen areas integrated into the `work"
areas which are similar to food preparation areas in modern offices or other commercial uses.
There are no walls separating the work areas from each other within each studio and six of
the studios have roll up doors leading to workspaces to accommodate large equipment or
materials.
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4. Any changes proposed to the exterior appearance of the building will be compatible with
adjacent commercial or industrial uses where all adjacent land is zoned for commercial or
industrial uses. Exterior modifications proposed for this conversion are minimal and take
their design from the existing industrial design of the building: metal roll up doors; industrial
sash windows to match the existing and marquees which are typical of the 1930's industrial
architecture of the building. The building will continue to essentially appear as it looks
today.
THEREFORE BE IT RESOLVED that the City Council of the City of Alameda upholds the
Planning Board's approval of Use Permit UP04 -0019, to permit the conversion of an .industrial
building to work/live studios subject to the following conditions:
1. APPROVED PLAN: The project shall be constructed in substantial compliance with the
plans, titled "Blanding Avenue Work/Live ", revised through 5 April 2004, prepared by
Thomas Dolan Architecture, marked Exhibit "A ", on file in the office of the City of Alameda
Planning Department, except as modified by the conditions in this Resolution.
2. VESTING: The Use Permit shall expire on May 18, 2005, unless the conversion of the
building has commenced under valid permit.
3. DESIGN REVIEW: Prior to the issuance of any building permit, minor design review for
the proposed exterior modifications shall be completed.
4. BUILDING AND FIRE CODE: The conversion shall be subject to all applicable building
and fire codes.
5. LIMITATION ON MODIFICATION: Areas within a work/live studio that are designated as
living space shall be an integral part of the work/live studio and not separated from the work
space, except that mezzanines and lofts may be used as living space subject to compliance
with other provisions of this Article. Examples of ways to integrate the work space and living
space in compliance with this section include, but are not limited to, the following:
(a) Doors or solid walls between the work space and areas used for living space do not
extend all the way to the ceiling, except for sanitary facilities and rooms used primarily for
sleeping,
(b) There is a single entrance to the work/live studio,
(c) There are no walls separating the food preparation area from the work space,
(d) Only the sanitary facilities and rooms designated for sleeping are enclosed and all other
portions of the living area are not separated from the workspace.
6. PERMITTED WORK ACTIVITY. The work activity in a building where work/live units are
allowed shall be any use permitted by right or use permit in the zoning district, except that, in
order to protect the health and safety of persons who reside in a work/live studio or in a
building which contains one (1) or more work/live studios, no work activity shall be
permitted nor shall any work/live studio be established on any site that contains those uses
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which the Planning and Building Director when considering a work/live permit or the
Planning Board when considering a use permit, finds would, by virtue of size, intensity;
number of employees or the nature of the operation, have the potential to create significant
impacts by reason of dust, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration
or other impacts, or would be hazardous by way of materials, process, product or wastes
including, but not limited to: auto service /repair, vehicle sales or leasing, car washes, service
stations, bars /lounges /night clubs, adult businesses, marine engine repair /refueling facilities,
animal kennels /grooming/pet shops, liquor stores, veterinary offices/hospitals, funeral
parlors /mortuaries, outdoor storage as a primary use, crematories /columbaria, dismantling
facilities /scrap yards, public utility structures and facilities, tire sales /service, truck
stops /repair.
7. ADDITIONS TO BUILDING ENVELOPE. No modifications shall be made to the exterior
of a building proposed for or in current use as a work/live occupancy that would result in a
substantial increase in the building envelope resulting in an increase in the existing gross
floor area of more than ten (10 %) percent in any five (5) year period outside the exterior
walls or the outer surface of the roof of the building as it existed at the time of conversion to
work/live studios. All changes to the exterior of work/live structures shall comply with the
purposes set out in subsections 30- 15.1(g) and (h) and with the required finding set out in
subsection 30- 15.6(d). New floors or mezzanines that are established within the original
building envelope shall be permitted and shall be considered as part of the existing floor area
for purposes of this section.
8. WORKJL1VE PERMIT REQUIRED. Each tenant or owner of an individual work/live studio
must obtain a work/live permit prior to occupancy. Such permit shall be issued by the
Planning and Building Director based on a determination that the proposed occupancy is
consistent with the approved use permit and all applicable requirements of this section.
Application for a work/live permit shall be made to the Planning and Building Department
in writing on a form approved by the Department and shall be accompanied by a fee as set by
resolution of the City Council.
9. NO SEPARATE SALE OR RENTAL OF PORTIONS OF UNIT. No portion of a work/live
studio shall be separately rented or sold as a commercial space for a person or persons not
living in the premises or as a residential space for a person or persons not working in the
same studio.
10. BUSINESS LICENSE REQUIRED. At least one (1) occupant of each work/live studio shall
maintain a current City of Alameda business license for a business located in that studio.
11. MIXED OCCUPANCIES. If a building contains mixed occupancies of work/live studios and
other nonresidential uses, occupancies other than work/live shall meet all applicable
requirements for those uses, and proper occupancy separations shall be provided between the
work/live studios and other occupancies, as determined by the Building Official.
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12. NOTICE TO OCCUPANTS REQUIRED. The owner or developer of any building
containing work/live studios shall provide written notice to all work/live occupants and users
that the surrounding area may be subject to levels of noise, dust, fumes, or other effects
associated with commercial and industrial uses at higher levels than would be expected in
residential areas. State and Federal health regulations notwithstanding, noise and other
standards shall be those applicable to commercial or industrial properties in the district where
the project is located. For purposes of noise control, work/live studios shall be classified as
commercial property under Table II in Section 4 -10.4 of the Alameda Municipal Code.
13. CHANGE OF USE FROM WORK/LIVE STUDIO. No work/live studio shall be changed to
exclusively residential use in any building where residential use is not permitted, where two
(2) or more residential units already exist, or where the conversion would produce more than
two (2) attached dwellings. The conversion of an existing work/live studio to exclusively
nonresidential use is permitted when the conversion meets all other applicable zoning and
building code requirements for the proposed use. Such a change shall be subject to all
applicable requirements for the district where the proposed dwelling unit is located.
14. INCREASE IN RESIDENTIAL USE. No work/live studio shall be changed to increase the
floor area devoted to residential use without review and approval of the Planning and
Building Director. In no case shall the floor area devoted to residential use be increased to
more than four hundred (400) square feet or thirty (30 %) percent of the gross floor area of the
unit whichever is more.
15. ADDITIONS TO BUILDING ENVELOPE. No modifications shall be made to the exterior
of a building proposed for or in current use as a work/live occupancy that would result in a
substantial increase in the building envelope resulting in an increase in the existing gross
floor area of more than ten (10 %) percent in any five (5) year period outside the exterior
walls or the outer surface of the roof of the building as it existed at the time of conversion to
work/live studios. All changes to the exterior of work/live structures shall comply with the
purposes set out in subsections 30- 15.1(g) and (h) and with the required finding set out in
subsection 30- 15.6(d). New floors or mezzanines that are established within the original
building envelope shall be permitted and shall be considered as part of the existing floor area
for purposes of this section.
16. DEED RESTRICTION REQUIRED. The owner of each work/live studio or each building
containing work/live rental studios shall record a notice on the property specifying the
limitations of use and operation included in the use permit.
17. ON- PREMISES SALES. On- premises sales of goods are limited to those produced within the
work/live studio. Retail sales of goods produced within the work/live studio shall be
incidental to the primary work use in any building used exclusively for work/live occupancy.
These provisions shall permit participation in occasional open studio programs and gallery
shows.
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18. NON RESIDENT EMPLOYEES. Up to two (2) persons who do not reside in the work/live
studio may work in the studio unless such employment is expressly prohibited or limited by
the use permit because of potential detrimental effects on persons living or working in the
building or on commercial or industrial uses or residentially -zoned areas in the vicinity of the
subject property. The employment of three (3) or more persons who do not reside in the
work/live studio may be permitted subject to a use permit based on additional findings that
such employment will not adversely affect traffic and parking conditions in the area where
the work/live studio is located. The employment of any persons who do not reside in the
work/live studio shall be subject to all applicable Building Code requirements.
19. CLIENT AND CUSTOMER VISITS. Client and customer visits to work/live studios are
permitted subject to any conditions that may be imposed by the use permit in order to ensure
compatibility with adjacent commercial or industrial uses or adjacent residentially zoned
areas.
20. SITE PLAN REVISIONS: Prior to the issuance of any building permit, the site plan shall be
revised to remove up to three unenclosed parking spaces and show the installation of a
minimum of three parking lot trees to the satisfaction of the Planning and Building Director.
21. HOLD HARMLESS: Pursuant to California Government Code Section 66474.9(b), the City
of Alameda requires as a condition of this Use Permit approval that the applicant, or its
successors in interest, defend, indemnify, and hold harmless the City of Alameda or its
agents, officers, and employees from any claim, action, or proceeding against the City or its
agents, officers, and employees to attack, set aside, void, or annul, an approval of the City
concerning the subject property, which action is brought within the time period provided for
in Government Code Section 66499.37. The City of Alameda shall promptly notify the
applicant/project sponsor of any claim, action or proceeding and the City shall cooperate in
the defense. If the City fails to promptly notify the applicant/project sponsor of any claim,
action, or proceeding, or if the City fails to cooperate n the defense, the applicant/project
sponsor shall not hereafter be responsible to defend, indemnify, or hold harmless the City.
22. REVOCATION: This Use Permit may be modified or revoked by the City Council or
Planning Board, should they determine that the proposed uses 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 or if the property is operated or
maintained so as to constitute a public nuisance.
23. ACKNOWLEDGMENT OF CONDITIONS: The applicant shall acknowledge in writing all
of the conditions of approval and must accept this permit subject to those conditions and with
full awareness of the applicable provisions of Chapter 30 of the Alameda Municipal Code in
order for this Use Permit to be exercised.
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I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly
adopted and passed by the Council of the City of Alameda in a regular meeting of the City Council
on the 6th day of July, 2004, by the following vote to wit:
AYES: Councilmembers Gilmore, Matarrese, and Mayor Johnson - 3.
NOES: Councilmembers Daysog and Kerr - 2.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this
7th day of July, 2004.
[-ayoN (A16-6:
Lara Weisiger, City lerk
City of Alameda