Resolution 16314 CITY OF ALAMEDA RESOLUTION NO. 16314
UPHOLDING THE PLANNING BOARD'S APPROVAL OF USE PERMIT
AMENDMENT PLN24-0094 TO ALLOW ADDITIONAL OPERATING
HOURS FOR THE EXISTING LEGAL NON-CONFORMING GAS
STATION LOCATED AT 1310 CENTRAL AVENUE, AS WELL AS SALES
OF PACKAGED FOODS AND NON-ALCOHOLIC BEVERAGES IN THE
EXISTING STORE
WHEREAS, an application was made on February 27, 2024 by Qais Ahmed for a Use
Permit Amendment to modify the conditions of the existing use permit PB-12-11 to allow
additional operating hours and sales of a broader mix of convenience items at the existing
Mobil gas station located at 1310 Central Avenue; and
WHEREAS, the existing gas station and auto repair use have operated continuously
at this location for generations providing necessary and convenient services the
neighborhood; and
WHEREAS, increased competition from new gas stations, changes in consumer
demand including hybrid and electric vehicles, remote work and limited operating hours have
resulted in a significant decrease in fuel sales at this location in the last decade; and
WHEREAS, the subject property is designated as Medium Density Residential in the
General Plan; and
WHEREAS, the subject property is located in the R-4, Residential Zoning District; and
WHEREAS, the existing gas station use is a legal non-conforming use and pursuant
to AMC 30-20.2, If no structural alterations are made, a nonconforming use of a building may,
upon approval of a use permit be changed to another nonconforming use of the same or more
restricted use classification; and
WHEREAS, the Planning Board held a duly noticed public hearing for the project on
June 9, 2025 and examined pertinent documents; and
WHEREAS, the Planning Board approved by a vote of five to one (5-1) Resolution No.
PB-25-03, Qais Ahmed's application PLN24-0094 for Modification of Use Permit PB-12-11;
and
WHEREAS, on June 17, 2025, Leland Price filed an appeal of the Planning Board's
decision to approve the Use Permit Amendment; and
WHEREAS, after giving due notice to the applicant, appellant, all interested parties,
and the public, the Appeal was heard and considered by the City Council at a regular public
hearing on September 2, 2025; and
WHEREAS, the applicant, supporters of the application, those opposed to the
application and interested neutral parties were given the opportunity to participate. in the
public hearing; and
WHEREAS, the City Council held a de novo public hearing on September 2, 2025, on
the Appeal at which time the City Council considered the entirety of the record, including all
submitted materials and public comments regarding the application; and
WHEREAS, the City Council considered the Appeal, the public testimony, and all
pertinent reports and evidence in the record as a whole and made findings to approve the
Use Permit Amendment application PLN24-0094 as set forth below.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Alameda that
the City Council finds this project categorically exempt from environmental review pursuant
to CEQA Guidelines Sections 15301 - Existing Facilities, and finds that none of the exceptions
to the categorical exemption apply; and
BE IT FURTHER RESOLVED, that the City Council makes the following findings
relative to the Use Permit application (AMC Sections 30-21.3):
1. The location of the proposed use is compatible with other land uses in the general
neighborhood area, and the project design and size is architecturally, aesthetically,
and operationally harmonious with the community and surrounding development.
The existing gas station has operated at the site for many years. The gas station and auto
repair businesses complement the nearby Morton Station neighborhood business district.
The use of the property has been generally compatible with the adjacent residential uses
due to carefully crafted limitations on the hours of operation and the types of services
provided at the station if they are adhered to. The gas station's existing hours are Monday
through Friday from 7:00 A.M. to 8:00 P.M. and Saturday from 9:00 A.M. to 4:00 P.M. The
gas station's proposed hours are Monday through Friday from 6:00 A.M. to 10:00 P.M.,
and Saturday and Sunday from 7:00 A.M. to 8:00 p.m. No change to the operating hours
for auto repair services are proposed as part of this application. The Council's decision to
permit an earlier start time as well as weekend hours without increasing the evening hours
would maintain compatibility between the gas station and the neighborhood which was
concerned about increased noise during late evening hours.
2. The proposed use will be served by adequate transportation and service facilities
including pedestrian, bicycle, and transit facilities. The property is located at the
intersection of three streets that serve citywide circulation needs as described in the City's
Street Classification Index of the General Plan, including State Highway 61, with no
barriers to access. AC Transit lines 51A and 0 stop one block away. The project site is
served by continuous existing and under construction bicycle facilities. Therefore, the
proposed use is served by adequate transportation and service facilities, including
pedestrian, bicycle, and transit facilities.
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 and will not have
substantial deleterious effects on existing business districts or the local economy.
The proposed additional hours of operation and diversified product selection in the small
onsite store will improve the available services to the local residents, reducing the need
for people to drive greater distances through the neighborhood to access fuel and
convenience items. By continuing to limit the auto repair hours of operation and other
conditions of approval, the use will not adversely affect other property in the vicinity. The
gas station has a difficult time competing with other gas stations in Alameda that have
extended hours of operation and full convenience stores with food, beverage, alcohol and
tobacco sales. Allowing additional hours of operation and the sale of packaged good and
drinks while continuing to prohibit the sale of alcohol and tobacco products will help the
business compete under more equitable conditions with other gas stations. Properties
with gas stations that cease operations face significant challenges in finding successful
new uses. By ensuring the continued viability of the business and avoiding the potential
of another shuttered and blighted former gas station property, the use will continue to
support the adjacent Morton Station neighborhood business district and the local
economy.
4. The proposed use relates favorably to the General Plan and the purpose of the
Alameda Point Zoning District. Approving this use is consistent with Alameda General
Plan Land Use Element goals and policies. Land Use Element action LU-5a calls for
"Permit(ing) continuation and re-investment in existing, small, legal nonconforming
neighborhood-serving commercial uses in commercial buildings that predate the zoning
code."Approving the use permit modification will support Goal 2 of the Land Use Element
to "strengthen and diversify the Alameda business community and economy."
BE IT FURTHER RESOLVED, that the City Council uphold the Planning Board
decision to approve Use Permit Amendment application PLN24-0094 to allow additional
operating hours for the existing legal non-conforming gas station located at 1310 Central
Avenue, as modifed below, as well as sale of packaged foods and non-alcoholic beverages
in the existing store.
1. This approval supersedes and replaces the conditions of the previous Use Permit
approval contained in the City of Alameda Planning Board Resolution No. PB-12-11,
and PB-99-60, Use Permit UP-99-10, and Resolution 14143.
2. The gas station fuel service is permitted to operation between the hours of 6:00 A.M.
— 8:00 P.M., Monday through Friday, and 7:00 A.M.- 8:00 P.M. on Saturday and
Sunday.
3. The auto repair service is permitted to operate between the hours of 9:00 A.M. —6:00
P.M., Monday through Friday, 9:00 A.M. —4:00 P.M. on Saturday, and shall be closed
on Sunday.
4. The automobile repair service shall be limited to light duty repair including tune-ups,
brake work, electrical services, oil changes, and smog control certification. Automotive
overhauling, rebuilding, body work, and painting are expressly prohibited.
5. All auto servicing work shall be conducted within the interior lube bays of the structure.
6. Convenience goods such as packaged foods and non-alcoholic beverages may be
sold in the existing store area during the hours that the permitted gas station hours.
Display and/or sales of convenience goods shall be limited to the interior of the store,
and outdoor display or sales are not permitted.
7. The advertising and sale of alcoholic beverages, tobacco, and nicotine products,
including vapes and vaping accessories, is strictly prohibited.
8. No cars shall be stored overnight, outside the building on the site, or on adjacent
streets at any time.
9. No vehicles shall be offered for sale on the property or on the streets adjacent to the
property.
10.All signs shall be in conformance with the Sign Regulations, Section 30-6 of the
Alameda Municipal Code. •
11.All graffiti on the property shall be removed, pursuant to Graffiti Abatement Procedure,
Section 4-2.4 of the Alameda Municipal Code, within three days.
12.The applicant shall keep the restroom door in good working condition.
13.The applicant shall continue to notify the gas suppliers, in a written request, that they
use a designated truck route and not to traverse on the smaller residential streets
surrounding the site. The business owner shall provide a copy of the letter to the
Planning, Building and Transportation Department upon request.
14.The fence that was erected at the rear of the property in conformance with Section 30-
5.14 of the Alameda Municipal Code to provide a privacy screen between the subject
property and the common boundary residences shall be properly maintained.
15.Applicant shall provide customers with sufficient waste collection receptacles and
ensure premises are maintained in a clean and tidy manner to prevent litter on and
adjacent to the property.
16.Applicant shall abide by all City of Alameda Noise Regulations (AMC 4-10) and ensure
fuel pumps do not play any automated noises, including but not limited to music or
advertisements. Intercom type uses are permitted during operating hours and as
regulated by the California Business and Professions Code.
17.Vesting: The Use Permit approval shall expire two (2) years after the date of approval
or by September 2, 2027, unless authorized use of the property, as stated under this
Use Permit, has commenced. The applicant may apply for a time extension, not to
exceed two (2) years. An extension request will be subject to approval by the Zoning
Administrator and must be filed prior to the date of expiration.
18. Revocation: This Use Permit may be modified or revoked by the Planning Board,
pursuant to Alameda Municipal Code Section 30-21.3d should the Planning Board
determine that: 1) the use 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; 2) the property is operated or maintained so as to
constitute a public nuisance; or 3) the use is operated in violation of the conditions of
the Use Permit.
HOLD HARMLESS. To the maximum extent permitted by law, the applicant (or its successor
in interest) shall defend (with counsel acceptable to the City), indemnify, and hold harmless
the City of Alameda, its City Council, City Planning Board, officials, employees, agents and
volunteers (collectively, "Indemnitees") from and against any and all claims, actions, or
proceedings against Indemnitees to attack, set aside, void or annul an approval by
Indemnitees relating to this project. This indemnification shall include, but is not limited to, all
damages, losses, and expenses (including, without limitation, legal costs and attorney's fees)
that may be awarded to the prevailing party arising out of or in connection with an approval
by the Indemnitees relating to this project. The City shall promptly notify the applicant of any
claim, action or proceeding and the City shall cooperate in the defense. The City may elect,
in its sole discretion, to participate in the defense of said claim, action, or proceeding and the
applicant (or its successor in interest) shall reimburse the City for its reasonable legal costs
and attorneys' fees.
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 2nd day of September 2025, by the following vote to wit:
AYES: Councilmembers Boller, Daysog, Jensen, Pryor and Mayor Ezzy
Ashcraft— 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the seal of said
City this 3rd day of September 2025.
Lara Weisiger, City Olerk
City of Alameda
APPROVED AS TO FORM:
Yibin Shen, City Attorney
City of Alameda