Resolution 13263CITY OF ALAMEDA RESOLUTION NO .13 2 6 3
DENYING AN APPEAL AND SUSTAINING PLANNING BOARD APPROVAL OF USE
PERMIT UP 99 -48, FOR A CULTURAL AND COMMUNITY MEMBERSHIP
ORGANIZATION AND FOR A RESIDENCE, IN THE C -1 (NEIGHBORHOOD BUSINESS)
ZONING DISTRICT, ALAMEDA MULTI- CULTURAL COMMUNITY CENTER, 842
CENTRAL AVENUE
WHEREAS, an application was made on December 20, 1999 for a Use Permit, UP- 99 -48,
to allow a members and guests club /lodge and for evening hours for special events extending pas t
10:00 pm, and to approve a residence, in the C -1 (Neighborhood Business) Zoning District; and
WHEREAS, the application was accepted as complete on January 20, 2000; and
WHEREAS, on May 23, 2000 the request for evening hours extending past 10:00 pm was
withdrawn and the applicant requested that the use be redesignated "cultural and community
membership organization," to clarify the type of proposed use; and
WHEREAS, the General Plan designation is "Neighborhood Business;" and
WHEREAS, the Planning Board held a public hearing on this application on April 10,
2000, May 8, 2000 and June 12, 2000 and has examined pertinent maps, drawings, and
documents, and on June 12, 2000 approved Use Permit UP 99 -48 with conditions; and
WHEREAS, on June 21, 2000 Mary Hawver and Christine Knowlton, on behalf of the
Neptune Beach Neighborhood Association, filed a timely appeal with the City requesting that the
City Council conduct an appeal hearing; and
WHEREAS, on August 1, 2000 the City Council held a public hearing and examined
pertinent maps, drawings and documents, as well as the record of the Planning Board hearings;
and
WHEREAS, the City Council considered the staff responses to the bases of the appellants'
appeal as set out in Attachment 1 to the staff report, which attachment is hereby incorporated by
reference, and finds that there is no merit in the bases of appeal; and
WHEREAS, the City Council made the following findings regarding the Use Permit
application request:
The location of the proposed use is compatible with other land uses in the area because
the proposed use is located in a district which has several neighborhood shops. The
building itself was previously a mortuary which had assembly, workspace, a residence and
office uses of a similar scale to the proposed use. The proposed use is also similar in
impact to a church or school which are typically located within residential neighborhoods .
There are residences adjacent to the proposed use which may be impacted by the proposed
use. Conditions of the Use Permit address noise, parking and traffic impact issues.
2. The proposed use would not increase parking or transportation demand because the
site has an off street parking space for facility manager use, which would be increased in
number behind the building. Reduction of evening events will reduce the need for off -site
parking at a nearby school. In addition, there is on- street parking on Central Avenue in
front of the commercial properties which tend to be closed in the evening. The site is als o
served by Alameda Contra Costa Transit buses. Sufficient transportation facilities are
available to this use.
3. The proposed use, if it complies with all conditions upon which approval is made
contingent, will not adversely affect other properties in the vicinity because the
identified issues of noise and loitering at night are addressed by conditions of approval.
As an additional condition of approval, the Use Permit shall be subject to review after six
months to ensure that the use is complying with the conditions of the Use Permit and
remains compatible with the neighborhood.
4. The proposed use favorably relates to the General Plan. Neighborhood Business
Districts are described in the General Plan as having "a small grocery, a laundromat, one
or two other stores or a bar with little or no off- street parking." Clubs, churches and
schools are often allowed in both neighborhood residential and commercial districts. The
proposed use would be consistent with the profile of a Neighborhood Business District.
NOW, THEREFORE, BE IT RESOLVED that the City Council finds that the project is
Categorically Exempt from the California Environmental Quality Act, under Section 15301(a) and
(d) of the CEQA Guidelines, Interior Alteration in Existing Structures; and
BE IT FURTHER RESOLVED that the City Council of the City of Alameda hereby denies
the appeal and sustains the Planning Board action to grant Use Permit 99-48, pursuant to Alameda
Municipal Code Section 30- 4.8(c -1) and 30- 4.8(c -2) for a cultural and community membership
organization and for a residence, in a C -1 Neighborhood Business Zoning District; subject to the
following:
1. Approved Plans. The project shall be operated in substantial, compliance with the plans
titled "Alameda Multi - Cultural Community Center ", submitted by the applicant, in two
sheets, and marked "Exhibit A," on file in the Planning Department, subject to the
following conditions:
2. Vesting. This Use Penult approval shall terminate on June 12, 2001 unless the use is
operating consistent with conditions of this Use Permit.
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3. Approved Use. The following activities may be conducted in the facility at 842 Central
Avenue which is the headquarters of the community and cultural membership organization
AMCCC may hold larger group events at off -site locations permitted by under the
Alameda Municipal Code as determined by the Planning Director:
a. Offices. Office space in no more than 20% of the building floor area
(approximately 940 square feet) for up to 5 staff of nonprofit community groups
which are members in Alameda Multi - Cultural Community Center (AMCCC).
b. Meeting Space. The main hall of the building may be used for live cultural and
musical performances, performance of cultural dances, educational meetings,
seminars and similar events, provided that the combination of occupancies in the
building including the meeting hall does not exceed 40 persons between 8:00 am
and 10:00 pm except for approved special events. Children are included in the
maximum occupancy. The main hall shall not be used between 10:00 pm and 8:00
am except for storage. No social dances, defined as dances where the audience
is not seated, shall be held. No amplified music shall be played. No drumming
shall be conducted.
1) For six months from June 12, 2000 to December 12, 2000, the applicant
may conduct two monthly special events (of which one must be in the hours
from 9 am to 4pm and one may be in the hours 9 am to 9 pm with no
events commencing or ending between 4 pm and 6 pm) of up to 4 hours
duration for each event, which may serve up to 85 adults including any
accompanying dependent children. As provided in Condition 15, after 6
months, the Planning Board shall monitor the events and determine if
additional events may be permitted and if an additional monitoring of such
events may continue to be needed.
c. Vocational Education Spaces. The building lobby and south storage room may be
used for vocational education including sewing machines, computers, video
equipment, kitchen machines and similar equipment. A maximum of 12 individual
work stations of all equipment types in combination may be used at one time
Equipment in the offices used solely by AMCCC staff is not included in this total.
d. Residence. A residence of up to 500 square feet may be provided within the
building for night security and /or dormitory residence by students in the
vocational educational program. Not more than two adults may occupy the
residence, in addition to related minor children.
e. Storage. Up to 20 % of the building floorspace (approximately 940 square feet)
may be used for storage of materials to be produced, or which have been produced,
on- premises such as clothing and art, stage sets for cultural productions and
equipment used in video productions. No outdoor storage is permitted and the
present storage behind the building to the west and south shall be removed within
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60 days of City Council action, in order to create room for 3 more parking spaces,
which combined with one existing on -site space will create 4 spaces as two sets of
tandem spaces.
Minor Associated Sales of Clothing, Art. Food and Beverages. The applicant may
sell items produced on -site such as clothing made during vocational education, art
produced at cultural classes, video and audio recordings made on -site which would
not be "adult entertainment activities" under Alameda Municipal Code Section 30-
9.1, as well as food and beverage service for members and guests at events and
classes. Additional sale items may be provided with prior written approval by the
Planning Director. Such minor associated sales shall not cover more than 15% of
the floorspace of the building (approximately 705 square feet) and shall not
produce an average of over $500 per day for all sales combined exclusive o f event
and class admission costs. Records of sales shall be provided to the Planning
Director quarterly and more frequently upon request. All taxable sales shall pay
sales tax.
4. Membership. ' The applicant shall provide the facility primarily for members and invited
guests of AMCCC and its constituent nonprofit community groups. This membership
shall be distinct from membership in any other group, and shall not entitle AMCCC
members to vote or participate in the activities of any other group. Members of the
general public may only attend after enrolling in membership, paying at least five dollars
($5) to AMCCC as a membership fee, or being registered at the entry desk as an invited
guest of a member. Records of members and invited guests shall be provided to the
Planning Director in writing at least once every 3 months and more often if required.
Failure by the applicant to substantially comply with this condition three times in a three -
month period shall constitute grounds for the Planning Director to schedule the Use Permit
for a hearing on revocation. The applicant shall maintain the existing policy of refusing
to discriminate on the basis of race, creed, color, gender, sexual orientation or national
origin. The applicant may offer vocational education or other similar services which are
particularly marketed to immigrant groups.
5. Building Codes. The use and improvements shall conform to the Alameda Building C ode.
Any proposed use or occupancy of the building which would be equivalent to the past
occupancy as defined by the Alameda Building Code would be permitted without requiring
the building to be modified to comply with the requirements of the current Alameda
Building Code. If a change in occupancy classification is proposed it will be necessary for
Building Permits to be obtained for the change in use and for the building to be modified
to comply with the Alameda Building Code requirements for the new occupancy
classification. The basement shall not be occupied except for storage without the approval
of the Building Official.
Continued occupancy of the subject building will be permitted provided that a Certificate
of Occupancy is in effect as issued by the Building Official. Building Permits are required
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to be obtained from the City of Alameda Central Pei uiits 0 ffice for all proposed physical
changes, alterations or additions to the subject building.
6. Fire Codes. The applicant shall comply with the requirements of the City of Alameda Fire
Chief including but not limited to
a. Provide any fire sprinkler system and alarm installations or certifications which
may be required by the Alameda Fire Department.
b. All exits and exit marking must conform to Building Code.
c. The applicant shall provide the minimum fire extinguishers with a minimum
2A1OBC rating as required by the City of Alameda Fire Department. Any in -place
emergency equipment including emergency lighting, exit signs or alarm systems,
must be made operable or be removed.
7 Noise and Loitering. The applicant shall operate equipment and maintain all activities in
compliance with City noise standards of the Alameda Municipal Code. Any use found to
increase the noise level may be required by the Planning Director to mitigate noise levels,
including baffling noise sources. The applicant shall make provision, to the satisfaction
of the Planning Director, for guards at building exits and parking areas during events held
between 6;00 pm and 10 :00 pm to suppress visitor noise and loitering. The applicant shall
post notices on the interior and exterior of the building and provide notices in event
announcements that excessive noise and loitering are prohibited. "Excessive noise" shall
be noise detectable at the property line which is repeated for over 5 minutes, including
machine or instrument produced noise, although not including applause, laughter or talking
within the enclosed building when the doors and windows are closed.
8. Lighting. No substantial changes in permanent lighting are proposed. Any major or minor
alterations to permanent lighting shall be limited to the lowest intensity consistent with its
purpose, and shall be oriented downwards and away from sensitive receptors. New
exterior lighting shall be provided only if approved by the Planning Director.
Hazardous Materials. The storage and handling of all hazardous and toxic materials shall
meet the requirements of the Alameda Fire Department. No open-flame art or
construction work, other than use of a kitchen stove, shall be permitted on -site.
10. Alcoholic Beverages. No alcoholic beverages shall be on the building premises.
11. Parking.
a) The applicant shall maintain an agreement for off -site parking for at least seventy-
five (75) vehicle spaces within an 800 foot radius for special events, when the
occupancy of the building exceeds 40 persons. This agreement shall be provided
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to the Planning Director for approval, and may include school, business or other
authorized parking areas.
b) On -site and off -site parking available to the applicant's use shall meet or exceed
the minimum standard of the Alameda Municipal Code, except that on -site tandem
parking is permitted for employees. Parking for the disabled shall be provided
under the standards of the Americans with Disabilities Act and other applicable
codes. Carpooling and use of public transit shall be encouraged for members and
guests in writing with notices provided for each special event. The applicant shall
provide written verification for Planning Director review and approval, at least
quarterly that compliance with this condition is being achieved.
c) The applicant shall not schedule events for the facility Monday through Friday
from 7 am to 9 am or from 4 pm to 6 pm, which exceed occupancy in the facility
of 40 persons including children under 16 years old, ` except as provided in
Condition 3b for twice - monthly special events.
The applicant shall provide additional on -site parking of, up to three (3) additional
parking spaces in portions of the lot not presently occupied by the main building,
and which are more than 20 feet distant from street rights of way. Parking shall
be fenced and screen from adjacent residences. Outdoor storage shall be removed
from this area within 60 days of final approval of the Use Permit.
12. Compliance with Laws. The applicant shall comply with all federal, state and local laws.
Material violation of any of those laws in connection with the use will be cause for
revocation of this permit.
13. Enforcement. In addition to any other grounds provided for herein, three or more
sustained complaints within a 12 month period received ` by the Planning or Police
Department regarding the operation of this use will be grounds for initiating revocation
proceedings.
14. Hold Harmless. The City of Alameda requires as a condition of the Use Permit approval that
the applicant or any successor in interest defend, indemnify, and hold harmless the City of
Alameda, its officers, agents and employees, from any claim, action or proceeding against
the City or its officers, agents and employees to attack, void, or annul an approval of the City
concerning the subject property, which action is brought within the time period provided for
in the Government Code Section. The City of Alameda shall promptly notify the applicant
of any claim, action or proceeding and the City shall cooperate fully in the defense. If the
City fails to promptly notify the developers of any claim, action or proceeding, or if the City
fails to cooperate fully in the defense, the applicant shall not hereafter be responsible to
defend, indemnify or hold harmless the City.
15. 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
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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.
a) By December 12, 2000 the Planning Board will review the first six months of
legally operating subject to the conditions of this approval. ' Substantial failure to
comply with conditions may result in Use Permit revocation.
Subsequent reviews may be scheduled during this six -month review by the
Planning Board.
16. Performance Guarantee. The permittee shall acknowledge in writing all of the conditions
of approval and must accept this permit subject to those conditions and with full awarenes s
of the provisions of Chapter 30 of the Alameda Municipal Code in order for this Use
Permit to be exercised.
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 or final action on any appeals 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 the
requirements of Section 66020, the applicant will be legally barred from later challenging such fees
or exactions.
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G: \cc\reso\2000 \5up9948r
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 regular meeting assembled on
the 1st day of August , 2000, by the following vote to wit:
AYES: Couneilmembers Daysog, DeWitt, Johnson and
Mayor Appezzato - 4.
NOES: Council ember Kerr - 1.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City
this 2nd day of August , 2000.
ne Felsch, City Clerk
City of Alameda