Resolution 13337CITY OF ALAMEDA RESOLUTION NO. 13337
APPROVING THE APPEAL OF PATRICIA KINZEL, AND OVERTURNING THE PLANNING
BOARD'S APPROVAL OF USE PERMIT, UP00 -26 FOR 1310 CENTRAL AVENUE
WHEREAS, an application was made on October 13, 2000, by Nissan Saidian & Leon
Zektser of 1310 Central Avenue, requesting a Use Peimit, UP00 -26,` to allow extending the hours
of operation at the existing legal nonconforming service station facility at 1310 Central Avenue; and
WHEREAS, the application was accepted as complete on November 10, 2000; and
WHEREAS, the subject property is designated Medium Density Residential on the General
Plan Diagram; and
WHEREAS, the subject property is located in an R -4 (Neighborhood Residential) Zoning
District; and
WHEREAS, the gas station use on the subject property is a legal nonconforming use
pursuant to Section 30 -21.3 of the Alameda Municipal Code; and
WHEREAS, the Board held a public hearing on this application on April 9, 2001, and
examined pertinent maps, drawings, documents and approved the application; and
WHEREAS, on April 17, 2001, Patricia Kinzel filed a timely appeal with the City requesting
that the City Council conduct an appeal hearing on May 15, 2001; and
WHEREAS, on May 15, 2001, 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 merit in the bases of appeal; and
WHEREAS, the City Council of the City of Alameda makes the following findings with
respect to the appellant's bases of appeal and relative to the Use Permit application for extending the
hours of operation for the fuel sales use at the Alameda Gas Station property:
The location of the proposed use is not compatible with other land uses in the area
because extending the hours of operation for the existing nonconforming gas station would
amplify the incompatibility of the station with the surrounding residential neighborhood by
increasing the impacts, associated with the gas station use, on the residential uses in the
District.
2. The proposed use is compatible and will be served by adequate transportation and
service facilities because the proposed use is surrounded by two main arterial streets. The
AC Transit bus line number 50 runs along Encinal Avenue and Central Avenue. Between
the three streets that intersect in front of this property, there are ten sides of the street along
which to park, where it necessary.
3. The proposed use will adversely affect other property in the vicinity because the
extension of the hours of operation, to include peak a.m. and p.m commute hours would
constitute an intensification of use. The Alameda Municipal Code, Section 30 -20.3 requires
that no nonconforming use shall be enlarged or expanded unless it is changed to conform to
the regulations specific to the zone. The expansion in hours of operation would increase the
impacts of traffic and noise and would increase incompatibility with the surrounding
neighborhood.
The proposed use does not relate favorably to the General Plan. The proposed use is not
consistent with the General Plan. The existing use is the same or less intensive than the use
legally established prior to the existing zoning and General Plan land use designation, but
the proposed modification to the use would conflict with General Plan Policy 2.4h "Control
nonresidential development on sites adjoining residential neighborhoods to minimize
nuisances." The expansion in hours of operation would constitute an intensification of use
that would be incompatible with the neighborhood.
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 of the
CEQA Guidelines, Existing Facilities; and
NOW THEREFORE BE IT RESOLVED that the City Council approves the appeal and
overturns the Planning Board's approval of Use Permit, UP00 -26.
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.
C: \WPDOCS\DATA \55UP0026.AP2
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 assembled on the
15th day of May, 2001, by the following vote to wit:`
AYES: Councilmembers Daysog, Johnson, Kerr and
Mayor Appezzato - 4.
NOES: Councilmember DeWitt -
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this
16th day of May, 2001.
Diane Felsch, City Clerk
City of Alameda