Resolution 13564CITY OF ALAMEDA RESOLUTION NO. 13564
UPHOLDING THE PLANNING BOARD'S DENIAL OF USE PERMIT UP02 -0031 TO EXTEND THE
HOURS OF OPERATION FOR FUEL SALES IN EXCHANGE FOR REDUCED AUTO REPAIR HOURS
AT THE GAS STATION LOCATED AT 1310 CENTRAL AVENUE
WHEREAS, an application was made on August 1, 2002, by Nissan Saidian & Leon Zektser
of 1310 Central Avenue, requesting a Use Peuuit, UP02- 0031, to allow extending the hours of
operation gasoline sales to 6:00 a.m. - 8:00 p.m. Monday through Friday, and Saturdays 9:00 a.m. -
8:00 p.m. in exchange for eliminating auto repair on Saturday at the existing legal nonconforming
service station facility at 1310 Central Avenue; and
WHEREAS, the application was accepted as complete on August 28, 2002; 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 Planning Board of the City of Alameda held a public hearing on this
application on January 13, 2003, and examined pertinent documents and denied the application; and
WHEREAS, on March 4, 2003, the City Council held a public hearing and examined
pertinent documents as well as the record of the Planning Board hearing; and
WHEREAS, the City Council considered 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 are no merits 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:
1. The location of the proposed use is compatible with other land uses in the area. This
finding cannot be made. 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. This finding can be made because the proposed use is bounded 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 not adversely affect other property in the vicinity. This finding
cannot be made. The extension of the hours of operation, to include peak am and pm
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.
4. The proposed use relates favorably to the General Plan. This finding cannot be made
because 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..
NOW THEREFORE BE IT RESOLVED that the City Council denies the appeal and upholds
the Planning Board's denial of Use Permit, UP02 -0031 to allow extending the hours of operation at
the Alameda Gas Station.
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.
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 4th
day of March, 2003, by the following vote to wit:
AYES:
NOES:
ABSENT:
Councilmembers DeWitt, Kerr, Matarrese - 3.
None.
ABSTENTIONS: None.
ember Daysog and Mayor Johnson -
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this
5th day of March, 2003.
Lara Weisiger, City C' erk
City of Alameda