Resolution 13826CITY OF ALAMEDA RESOLUTION NO. 13 8 2 6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALAMEDA
UPHOLDING THE PLANNING BOARD'S RECOMMENDATION TO APPROVE
REZONING R04 -002, VARIANCE VO4 -018, USE PERMIT UP04 -013 AND MAJOR
DESIGN REVIEW, DR04 -101 FOR CONSTRUCTION OF A VETERINARY CLINIC,
1410 EVERETT
WHEREAS, an application was made on October 5, 2004 by Doctor Mary
Applegate and Doctor Cathy Wydner, requesting a Rezoning R04 -002 from R -5 General
Residential to C -C Community Commercial for approximately 7,800 square feet at the
corner of Everett and Central, a Use Permit UP04 -013 for veterinary clinic in the C -C
zoning district, a Variance VO4 -018 for a second driveway, and Major Design Review
DR04 -0101, to permit the reconstruction of 5,300 square foot building on a 0.4 acre site;
and
WHEREAS, the application was determined to be Complete for processing
November 4, 2004; and
WHEREAS, the subject property is designated as Community Commercial on the
General Plan Diagram; and
WHEREAS, the subject property is located in a C- C- Community Commercial and
R -5 General Residential Zoning Districts; and
WHEREAS, the project is Categorically Exempt from review under the California
Environmental Quality Act, pursuant to Section 15303 of CEQA Guidelines, for
development of commercial buildings under 10,000 square feet; and
WHEREAS, on the Planning Board held a noticed public hearing on December
13, 2004 and February 28, 2005 and considered testimony, exhibits and other materials
and then acted to recommend that the City Council approve the Rezoning, R04 -002, and
acted to approve UP04 -013, VO4 -018 and DR04 -0101 and;
WHEREAS, John Bami appealed the Planning Board's decision on March 8,
2005, and;
WHEREAS, the City Council of the City of Alameda held a public hearing for the
appeal of the Planning Board's prior actions and examined pertinent documents as well
as the record of the Planning Board hearing; and
WHEREAS, the City Council makes the following findings regarding the Rezoning:
1) The proposed zoning reclassification relates correctly to the General
Plan land use designation because expanding the Community Commercial
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designation will more fully implement the current General Plan Community
Commercial map designation than would the current residential designation.
2) The rezoning will have no significant adverse effects on the
General Plan and will strengthen the integrity of the General Plan by
reclassifying the parcel to a zoning designation consistent with the General Plan
Community Commercial designation for this area.
3) The rezoning will have no significant adverse effects on the welfare of
the community because the rezoning provides for continued use of this portion of
the property for parking, without increasing the size of commercial zoning
consistent with the commercial General Plan land use designation.
4) The proposed zoning reclassification will be equitable because it will
correct an inconsistency in the C -C Community Commercial zoning district
boundary.
WHEREAS, the City Council
Variance:
Penult:
ade the following findings regarding the
1). There are extraordinary circumstances applying to the property
relating to the physical constraints of the parcel, such as size, shape,
topography, location, or surroundings, or applying to the proposed use of the
property. The property is on a corner with two public street frontages. The public
would benefit from a second driveway and a more efficient circulation pattern to
reduce on- street` parking generated by this use.
2) Because of extraordinary circumstances, the literal enforcement of the
Zoning Ordinance standards would result in practical difficulty or
unnecessary hardship such as to deprive the applicant of ,a substantial
property right possessed by other owners of the property in the same district.
The corner location of the property and the doubling of the number of parking
spaces on -site makes a second driveway necessary for this business to provide
access to both street frontages. Denying this request would be inconsistent with
multiple driveways on other parcels with more than one street frontage.
3) The granting of the variance, under the circumstances of the
particular case, will not be detrimental to the public welfare or injurious to
persons or property in the vicinity. The reduction of one on- street parking space
caused by the second driveway is more than offset by the addition of off- street
parking spaces on the site, and there are a significant number of other on- street
parking spaces in the area. A third existing curb cut will also be removed.
WHEREAS, the City Council made the following findings regarding the Use
Rev
1). The location of the proposed use is compatible with other land uses in
the general neighborhood area. The location of the proposed use is between
other office /medical uses to the west, commercial uses to the north, and the new
building would be separated from office and residential uses to the south and east
by the expanded parking lot and by Central Avenue. The existing veterinary
clinic has demonstrated the compatibility of this use.
2). The proposed use will be served by adequate transportation and
service facilities. There are bus stops near the site and sufficient parking and
other services nearby to provide for customers and staff.
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. The design of the building would contain noise, odors and other impacts
to avoid adverse effects on nearby properties.
4). The proposed use relates favorable to the General Plan. The General
Plan map designation is Community Commercial and the proposed building and
parking would fulfill General Plan policies regarding the vitality of the Park Street
commercial district.
WHEREAS, the City Council made the folio
ew:
ing findings regarding Design
1) The project will have no adverse effects on persons or property in the
vicinity. The one -story horizontal design will have no adverse shading or view
blockage impacts on neighboring sites, including the adjacent residential building,
and the design quality will enhance the streetscape.
2). The project will be compatible and harmonious with the design and
use of surrounding properties. The design mixes Craftsman style with modern
style to create a compatible and harmonious design which blends well with the
neighborhood at this border between commercial and residential areas.
3) The project will be consistent with the City's Design Review
Guidelines. The building and site will incorporate the balanced proportions and
mix of design details which are encouraged in City Design, Review Guidelines,
and will echo the design of nearby medical office buildings.
THEREFORE BE IT RESOLVED that the City Council of the City of Alameda
approves Rezoning R04 -002, and upholds the Planning Board's approval of Use Permit
UP04 -013, Variance VO4 -018, and Major Design Review DR04 -101, including
veterinary clinic building and parking approvals subject to the following conditions:
APPROVED PLAN. The project shall be constructed in substantial compliance
with the plans date stamped October 4, 2004, by Rauhaus Architects, consisting
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of plansheets and color and materials boards; such plans and board constitute
Exhibit "A ", on file in the office of the City of Alameda Planning and Building
Department, and are approved except that glass shall be minimally reflective, with
an index of less than 12, except as modified by the conditions in this Resolution
including but not limited to the following specific modifications:
2. VESTING. The Variance, Use Permit and Major Design Review shall terminate
on the later of April 5, 2006, or one year (1 year) from the date of any subsequent
approval on appeal, unless 'actual construction under valid permits has begun, or
the `developer applies for and is granted' an extension prior to prior the
Planning and Building Director is directed by the Planning Board to rule upon an
extension on their behalf. The Variance, Use Permit and Major Design Review
approval shall not be in force and effect, and no building permits will be issued,
unless and until the developer has completed any necessary Lot Merger or Lot
Line Adjustment to accomplish necessary property lines, to the satisfaction of the
Planning and Building Director, and unless the City Council has first approved
the Rezone from R-5 General Residential to C -C Community Commercial of
approximately 7,800 square feet of the site.
3. FEES AND REQUIREMENTS. Citywide Development Impact Fees and public
art fees/program for incremental increase of building area (estimated to be
approximately 2,500 square feet) shall be paid prior to issuance of a building
permit. The applicant shall conform to the Public Art Ordinance and shall include
public art approved by the Recreation and Parks process. That process may, in its
discretion, find on -site decorations created by artists to qualify as a portion of
public art.
4. USE PERMIT LIMITS. The Use Permit allows a veterinary clinic with lobby,
offices, medical rooms, material storage and animal cages and animal runs, all
interior only. The applicant shall confine animal walks within the building to an
area on the east side of the building, covered with artificial turf, drained to Public
Works Director satisfaction and treated with chemical control for odor protection
and sanitation to Planning and Building Director satisfaction. Dog exercising off
of the property shall be subject to all dogs being leashed, all animal waste being
collected and disposed of at the hospital and avoiding use of Regent Street and in
front of the homes on Central Avenue. The Use Permit may be agendized before
the Planning Board by the Planning` and Building Director for consideration of
revocation if the Use becomes a nuisance or fails to comply with the conditions.
5. ALAMEDA POWER AND TELECOM. The developer shall install any newly
required substructures including conduits, pullboxes, and transformer pads
necessary to serve the proposed improvements. The developer shall grant all
easements to Alameda Power and Telecom necessary for the provision and
maintenance of electrical service to the site. Easements shall include metes and
bound descriptions and plats and shall be prepared by a licensed land survey or
civil engineer qualified to practice land surveying. Existing easements that are no
longer applicable after the proposed improvements are operational shall be
vacated at the direction of AP &T and City Engineer.
STORM AND SANITARY SEWER ANAYLSIS Applicant shall provide in
conjunction with building and site improvement plan submittals, storm drain and
sanitary sewer flow calculations of the existing and proposed development.
Private storm and sanitary sewer _ lines shall , be constructed at the owner's
expense. Should the developer use the existing private storm and sanitary lines
then they shall be inspected to the approval of the City Engineer and any inflow
and infiltration from open joints, broken pipe, etc. shall be rehabilitated by means
acceptable to the City. Engineer (i.e. slip lining, pipe bursting, replacement,
inversion lining etc.) at the owner's, expense. Existing public storm drain mains
us t remain functional during construction through use of bypass lines or other
means approved by the City Engineer.
7. FIRE DEPARTMENT. Prior to issuance of building permits, the applicant shall
provide plans for approval of the Alameda Fire Department. If applicable to the
type of construction, the buildings shall be fitted with automatic fire sprinkler
systems to NFPA 13 standards to the satisfaction of the Alameda Fire
Department. On -site 3,000 gallon per minute fire, hydrant(s) shall if necessary, be
installed to the satisfaction of the Alameda Fire Department.
8. URBAN RUNOFF. Redevelopment projects of eligible size, which in phase -in
may be 10,000 or more square feet of site area, shall minimize stormwater
pollutant discharges through implementation of construction sediment control and
post - construction design and treatment measures, incorporating appropriate
source control and site design measures to the maximum extent practicable per
requirements of the Alameda Countywide Non- Pollutant Discharge Elimination
System (NPDES) Municipal Stormwater Permit. Approval of this resolution does
not lock -in the current NPDES permitting requirements. Should the developer
reconfigure the project such that Planning board re- approval of the project would
be necessary, then that portion of the project would no longer be considered
"grandfathered" ` and could be subject to any modifications in the NPDES
permitting requirements.
Design review submittals shall include a table showing the amount of
pervious and impervious areas prior to redevelopment and the amount of
pervious and impervious area after redevelopment. Areas shall be given in
square feet. Conceptual proposals shall be included during design review
process showing methods by which impervious surfaces will be
minimized and the entry of pollutants to the storm drain system will be
reduced. Such methods may include methods such as pervious parking
stalls using interlocking pavers, and filter inserts and units within storm
drain structures. All runoff catch basins shall be labeled "Drains to Bay."
Post - construction stormwater treatment control measures shall be included
into project construction plans prior to issuance of any building or grading
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permit. A treatment measure operation and maintenance (O &M) plan
shall be subject to review and approval by the City Engineer following
City procedures and standards. O &M plans shall include treatment type,
location, maintenance requirements, maintenance schedule and assurances
of party responsible for O &M, including on -site pavement cleaning with
sweeping, litter control and spill cleanup and asphalt maintenance.
c. Landscaping shall be designed with efficient irrigation to reduce runoff,
promote surface infiltration, and minimize the use of fertilizers and
pesticides that can contribute to stormwater pollution. _ Landscaping
should be designed and operated to treat stormwater runoff.
d. Construction activities shall comply with Notice of Intent (NOI) and
Storm Water Pollution and Prevention Plan (SWPPP) NPDES permitting
requirements. Design plans shall include a plan for erosion and sediment
control measures that implements current Best Management Practices
(BMPs) during construction activities. The erosion and sediment control
plan is subject to review and approval by City Engineer, consistent with
applicable City Ordinance.
e. Trash enclosures and/or recycling areas must be completely covered with
wood or metal covers approved by building permits, with no surface flows
from other areas draining into this area. BMP's shall be implemented to
prevent potential stormwater pollution. These BMP 's may include, but are
not limited to, a regular program of sweeping, litter control and spill clean-
up.
9. LANDSCAPING. Prior to issuance of building permits the applicant shall specify
the size, type and number of trees, shrubs and ground cover. All landscaping and
irrigation shall be installed or bonded (for installation within one year), prior to
approval of first occupancy of the building. A landscape maintenance agreement
including any necessary bonding /performance securities shall be signed in a form
approved by the Planning and Building Director.
a. The developer shall be required to install trees as shown on the approved
landscaping plan in Exhibit "A." Species, location and size of street trees
shall be generally as shown on ` Exhibit "A," to the satisfaction of the
Planning and Building Director and the Public Works Director. Trees that
are 15 gallon size or larger shall be specified unless otherwise directed by
the Planning and Building Director. There shall be at least one tree per 4
parking spaces. Eucalyptus trees are not approved.
b. Trees shall be maintained and watered in a healthy state to achieve a
canopy of greenery within the parking areas. Diseased trees shall be
removed and replaced immediately with healthy trees of the same or
similar species.
10. LIGHTING. Prior to issuance of building permits, the applicant shall submit a
lighting plan and details of lighting fixtures for Planning and Building Director
review and approval. Lighting shall be installed in substantial compliance with
City standards, generally an average of between 2 and 5 footcandles, as
determined by the Chief Building Official, Police Department and AP &T. All
on -site lighting shall be downward- directed lighting and shielded to avoid lighting
impacts on adjacent residential areas; further sign(s) along Central Avenue shall
not be illuminated.
11. AFFORDABLE HOUSING COMPLIANCE. The project is subject to the
Affordable Housing Unit/Fee Ordinance (Alameda Municipal Code Section 27 -1)
for floor area over and above credit for existing floor area, estimated to be
approximately 2,500 square feet. The applicant must provide housing units, pay
an in -lieu fee or prepare an Affordable Housing Unit/Fee Plan and secure the
approval of the Housing Development Manager, prior to issuance of a building
permit. The applicant must provide the housing units or pay the Affordable
Housing fee, as calculated in the approved Plan, prior to issuance of the certificate
of occupancy. Currently the fee is $1.92 per square foot of building area for retail
and $3.79 per square foot of building area for offices.
12. CONSTRUCTION REGULATIONS
Prior to start of work of demolition, remodeling or construction, the
applicant shall provide a draft waste management plan to the Public
Works Environmental Services Division. This can be in any format, but
must include the following:
i. Contractor's name, address, and telephone number
ii. Project location and/or street address
iii. Anticipated start and completion dates of the project
iv. A list of materials expected to be generated (e.g., glass, wood, metal,
drywall, concrete, bricks), the tonnage or volume of each material, how
they are to be reused, disposed or recycled, and the
destination/processor for that reuse, disposal or recycling.
The Environmental Services Division will review this draft plan for conformity
with Citywide waste management plan procedures, and any changes or recommendations
shall be incorporated into the site plans for the project.
At the end of the demolition, remodeling or construction project, the
contractor shall submit a report to the Environmental Services Division on
actual tonnages disposed or recycled for each material, and the actual
destination/processor.
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Construction activities shall be limited to the hours of 7:00 a.m. and 7:00
p.m. Monday through Friday. Noise - generating construction activities
shall be limited to the hours of 8:00 a.m. and 5:00 p.m. Work on Saturdays
shall require special approval of the City Engineer. No construction
activity shall be permitted on Sundays or State and Federal holidays.
Work requiring inspection after 3:30 p.m. weekdays will require city
construction inspection fee at time and a half (1 -1/2). Said fee will be in
accordance with the latest public works fee overtime schedule. Work
done on Saturdays requiring inspection is prohibited unless approved by
the city engineer and an inspector is available. Inspection fees for
Saturday work will be at time and a half (1 -1/2) with a four -hour
minimum.
c. All construction vehicles shall adhere to City of Alameda truck routes.
d. Storage of construction material and equipment on city streets will not be
peniitted.
e. The contractor shall provide all lights, signs, barricades, flagmen, or other
traffic safety devices necessary to provide public safety in accordance with
standards. The contractor shall provide a traffic control plan to the
approval of the City Engineer. The contractor shall allow a minimum of
three working days for review of the traffic control plan.
f Temporary no parking on City streets for construction will require posting
of "No Parking Signs" 48 hours in advance. Signs are available at the
Building Services Office, Room 190, City Hall. Only City of Alameda
issued no parking signs will be allowed.
g.
Construction equipment shall be properly muffled. Unnecessary idling of
grading construction equipment is prohibited.
Stationary noise - generating construction equipment such as compressors
shall be located as far as practical from occupied residential housing units.
Contractor shall be responsible for responding to any local complaints
about construction noise.
Construction equipment, tools, etc. shall not be cleaned or rinsed into a
street, gutter, storm drain or stream. Shovel or vacuum saw -cut slurry and
remove from site.
k. A contained and covered area on -site shall be used for storage of cement
bags, paints, flammables, oils, fertilizers, pesticides, or any other materials
that have potential for being discharged to the storm drain system by wind
or in the event of a material spill.
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All construction debris shall be gathered on a regular basis and placed in a
dumpster which is emptied or removed weekly. When feasible, tarps shall
be used on the ground to collect fallen debris or splatters that could
contribute to stormwater pollution. Any temporary on -site construction
piles shall be securely covered with a tarp or other device to contain
debris.
m. Concrete /gunite trucks and concrete /plaster finishing operations shall not
discharge wash water into the street gutters or drains.
n. Trash and debris shall be cleaned up daily on all public streets in the
project vicinity and along haul routes. Sweep as needed and as directed by
the Public Works Inspector.
13. HOURS OF OPERATION. The facility shall not be open to the public from 10
pm to 7 am unless a subsequent Use Permit is requested and approved. The
exception is public parking which the owner may choose to make available at no
cost in the evenings before 2 am. No animals shall be taken outside for walks
between 10 pm to 7 am except by their owners.
14. PLANNING AND BUILDNG DEPARTMENT INSPECTION. At least 4 days
prior to approval of occupancy, the applicant shall notify the Planning and
Building Department to inspect the building and site to assure compliance with
these conditions.
15. PARCELS. Lot line adjustment has not yet been filed for the property. Buildings
shall meet property line separation requirements of the Building Code. A lot line
adjustment map may be filed and approved pursuant to City subdivision
regulations and the California Subdivision Map Act.
16. NOISE. A veterinary clinic is approved as shown in Exhibit A only. The
applicant shall incorporate, to Planning and Building Director satisfaction, noise
control and reduction measures into the operation, building design and /or site plan
sufficient to achieve exterior noise standards at the receiving land use set forth in
Section 4 -10.4 (Exterior Noise Standards) of Alameda Municipal Code Article II
(Noise Regulations). Such noise reduction may include but are not limited to one
or more of the following:
a. Requiring closed windows and use of a ventilation system.
b. Noise suppressing exterior wall and window construction.
b. Noise baffles to supplement protection for residential neighbors if
required.
Staff shall monitor noise impacts per Condition 19 from this use for a period of
one year after occupancy of the new vet hospital and advise the Planning Board of
any noise complaints or impacts from the use to surrounding properties and uses.
If there are no complaints or identified impacts no further periodic review will be
necessary.
17. GEOLOGY AND SOILS. The applicant shall implement any geotechnical
recommendations identified by the Chief Building Official including:
a. Clearing the site of vegetation, structures, foundations, pavement and
debris.
b. Over- excavating building pad and paving, moisture- conditioning,
compacting soil.
c. Backfilling utility trenches with compacted soil.
d. Implementing Cal -OSHA construction methods.
e. Supporting structures on properly constructed spread footings.
f Constructing properly prepared concrete slab -on -grade floors and
retaining walls.
18. POLICE DEPARTMENT. The business should be equipped with alarm system
installed and monitored covering all perimeter doors and windows. Rooftop
ladders should not be placed outside the building. Address numbers shall be
illuminated during hours of darkness, in position to be easily readable from the
street, a minimum of 12 inches high. Rear entrance doors shall be numbered with
characters at least 4 inches in height and illuminated during darkness. All doors
shall be commercial grade and secured using deadbolt locks except panic
hardware. Except adjacent to rear and north side property lines, shrubs shall be
trimmed to a maximum of 42 inches.
19. PERIODIC REVIEW. The Planning and Building Director shall monitor the Use
Permit and place it on the Planning Board agenda for review after one year of
occupancy of the facility, and as needed thereafter to ensure compliance with
conditions, particularly for noise and odors that may affect nearby residential
properties.
20. 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 Planned Development, Use
Permit and Major Design Review to be exercised.
21. HOLD HARMLESS. The City of Alameda requires as a condition of this
Variance, Use Permit and Major Design Review 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.
The City of Alameda shall promptly notify the developer of any claim, action or
proceeding and the City shall cooperate fully in the defense. If the City fails to
promptly notify the developer of any claim, action, or proceeding, or if the City
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fails to cooperate fully in the defense, the developer shall not hereafter be
responsible to defend, indemnify, or hold harmless the City.
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 the regular meeting of the City
Council on the 5th day of April, 2005, by the following vote to wit:
AYES: Councilmembers Daysog, deHaan, Gilmore, Matarrese
and Mayor Johnson - 5.
NOES:
None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City
this 6th day of April, 2005.
uNo
Lara Weisiger, City Clerl c
City of Alameda