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2007-06-19 5-B SubmittalNorth Waterfront General Plan Amendggnf June 19, 2007 City Council NIfifitinm Juir I 3 P 12: 3t4 CITY OF ALAMEDA I oppose the North Waterfront General Plan Amendment bec6{iid iFi;0$0FOUge of work/live in the conversion of the Del Monte building.* I have not opposed this use in the past and would not be opposing it now but for the lack of responsibility in the implementation of the work/live ordinance at the Clamp /Swing building on Blanding. The strategy used at the Clamp Swing building was to omit from the application for a work/live use permit the theatre, a use which would generate up to 50, 000 customers a year. ** After the Use Permit, UP04- 0019 ** *was obtained, then the high use theatre project was introduced and improperly "grandfathered." The new use was improper in that the requirement for protecting the neighborhood in AMC 30 -15 does not go away just because the Use Permit is approved based on misleading or incomplete information. On Blanding the uses permitted in an M -2 zone were honored, but the provisions of the work/live ordinance were not. The work/live ordinance has restrictions on the impacts on the surrounding neighborhoods. These restrictions apply to both the studios themselves and the other uses in a work/live building. The implementation of the work/live ordinance at 2515 Blanding illustrates that the Alameda staff is unwilling or unable to enforce the provisions of this ordinance. The impacts of such negligence will be multiplied by several orders of magnitude if the Del Monte building is allowed to be converted to a work/live building. The north side neighborhood near the area described in the NWGPA before the Council would be destroyed if the same negligence is allowed in the Del Monte building. If the forgiveness of all parking for a ten-year-old building is adopted for the Del Monte Building , and the requirements of the Work/Live ordinance are ignored, 1.)Then -the ball field, the popular picnic area, and the recreation center at Littlejohn Park might as well be shut down because the residents of Alameda will not be able to get near them, and 2.)The residents of the north side neighborhood will be deprived of all of their existing street parking. The streets will become dangerous because of all of the cars searching for parking. If the Blanding strategy is followed, the non - studio part of the proposed use for the Del Monte building could be pictured as a low-impact use such as a library for seniors and then converted to a Target once the Use Permit has been obtained. So I object to the NWGPA and EIR until it is assured that the provisions of the Work/Live ordinance which protect neighborhood near such projects will be enforced. Re: Agenda Item #5 -B 06 -19 -07 • Section (10.1 O (a) DM -3 of the NWGP ATTACHMENT A ** Minutes of the April 12 Planning Board Meeting. ATTACHMENT B * * * Use Permit UPO4 --0019 ATTACHMENT C * * ** Restrictions in a Work/Live Ordinance ATTACHMENT D * * * * * Work Live Ordinance ATTACHMENT E Barbara Kerr 06/10/2007 522 -0126 barbkerr @mindspring.com ATTACHMENT A �1C r D -M 2. Consider a pedestrian `pass through" through the building to connect Littlejohn Park to the public gteenway adjacent to Alaska Basin. r D -lei 3. Land Use Program Adaptive reuse of the structure may include a range of uses including work /live, hotel, commercial, retail, office and /or residential uses. A mix of compatible uses is encouraged, but a single use is allowable if the single use is compatible with the historic structure ,and the surrounding land uses. Allow a mix of retail, residential, and commercial uses in the Del Monte Warehouse Building. D -M 4. Encourage uses and design features at the Del Monte building that will encourage pedestrian activity and visual interest. D-M 5. Adaptive reuse may not include a "big box" type retail commercial use, nor should it include drive - trough commercial facilities, such as fast food outlets. D -M 6. on .Site Paging and Landscaping The on site parking plan should allow for a joint or shared parking program with the future redevelopment of En .' n al Terminals in an effort to consolidate parking in the area, minimize the amount of waterfront land dedicated to parking, and provide parkin g for visitors to the public access areas. D -M 7. Ensure that the pricing plan does not create a real or perceived barrier li -citing p ublic access to the water. D -M 8. Landscaping should be designed to screen the cars from view from the P ublic access areas and Alaska Basin and not compromise public safety. D -M 9. Consider a joint parking facility to serve both the Encinal Tct ninnls and Del Monte sites and that would also support public access to the waterfront and the Bay Trail. Off-site Public Improvements and Infrastructure D -1V1 10. The site plan should allow the extension of Clement Street from Sherman Street to Grand Street. D -M 11. The site plan should allow for a future1 /alternative vehicle corridor from Sherman to Grand Street. D-M 12. The site plan should allow for a shoreline public promenade of an adequate width adjacent to the Alaska Basin. Draft Northern Waterfront General Plan Amendment 10 ATTACHMENT B PLANNING BOARD MINUTES 4/12/2004 8-B. UP03 -0019 — 2515 Blanding Avenue — Cal Vita LLC (JA). The applicant requests a Use Permit to allow the conversion of a 15,840 square foot industrial building into seven work/live studios and two retail/commercial spaces with associated parking and landscaping. The site is located within the M -2, General Industrial Zoning District. (Continued from the meeting of March 22, 2004.) President Piziali advised that Ms. Mariani left the meeting during the break. Ms. Altschuler summarized the staff report, and noted that three new letters had been received and distributed to the Board members. She added that Mr. Murphy's letter and staffs response to that letter were also distributed to the Board. Staff recommended approval of this item. The public hearing was opened. Mr. Ed Murphy, 2618 Janis Circle, inquired whether staff's response to his letter had been sent to him. Ms. Altschuler indicated that she did not know. Mr. Murphy stated that he had never received a staff response. He inquired whether the project was as described on the agenda, or in the staff report; he did not believe they were described in the same way. Ms. Altschuler advised that the project as described in the staff report was the current project. Mr. Murphy noted that how the first live /work project is dealt with by the City would be critically important. He expressed concern the reasoning exercised by Planning and legal staff, as well as the Board, with respect to Measure A. Ms. Janet Koike, applicant, 2237 Prince Street, complimented staff on the completeness and accuracy of the staff report. She noted that she was an artist who was able to buy the subject building. She described her history with respect to work/live space in Oakland, and noted that she wished to contribute to the artist community with a professionally - developed work/live space. She believed that this project would contribute to the vitality of the neighborhood. Mr. Thomas Dolan, project architect, noted that the design more than complied with the ordinance, and added that they have expended great effort to be within both the letter and the spirit of the work/live ordinance. He appreciated that this would be the first project of its kind in Alameda. He detailed his history in designing work/live spaces over the past 30 years, and had spoken and worked all over North America, helping cities write code for work/live spaces. He applauded the City's rigid definition of work/live space, and noted that they would not be lifestyle lofts. He noted that the work Planning Board Meeting Page 15 April 12, 2004 component of the spaces would be predominant over the living component. Mr. Michael Schiess, 1029 Central Avenue, spoke in support of this item, and believed that this was an important step for Alameda to take. He noted that he was in full support of Measure A, and added that this was not a new structure, but was rather an existing building that would be recycled. He did not wish for this building to deteriorate. Mr. Dave Olson, owner, Stone Boat Yard, 2577 Blanding, noted that his site was immediately adjacent to the subject property, and added that he supported this project. He believed that this project would enhance the neighborhood and the City as a whole. Mr. Lee Smith, 391 Clifton Street, spoke in support of this item, and added that he was a potential occupant of the building. He noted that he had lived in warehouse space in Oakland for 25 years, and added that working artists contributed to the economy and tax base of Alameda. Ms. Carolyn West, 456 Centre Court, spoke in favor of this item. She noted that she was an attorney practicing in Oakland, and was a performing musician as well. She supported work/live space in Alameda, and noted that it enhanced the quality of life in the community. She noted that turning an empty building into a site for craftspeople energized the community. She believed the City needed to do more to encourage work/live space in Alameda. The public hearing was closed for Board discussion. Ms. Cook noted that she fully supported this project. Mr. Dolan advised that all of the conditions were acceptable to them. In response to an inquiry by Ms. Cook, Ms. Altschuler replied that there was an intervening property between this site and the Estuary. She added that because Stone Boatyard was a through property between the street and the Estuary, that if the Bay Trail were to be placed anywhere, it would be on the street. In response to an inquiry by Ms. Cook with respect to the possibility of reducing the six -foot fence to a four -foot fence in order to increase visibility of the building, Mr. Dolan advised that he would be open to working with staff to refine that issue. He noted that artists often created tangible items of value, and that some security was necessary. In response to an inquiry by Mr. Cunningham whether this project came under the provisions of the public art ordinance, Ms. Altschuler replied that it would depend on the amount of money spent for improvements; $250,000 would qualify the project under the ordinance. Ms. Cook supported saving the paintings on the side of the building. Planning Board Meeting Page 16 April 12, 2004 Mr. Dolan advised that they planned to retain those paintings, and would waterproof them as well. Mr. Cunningham advised that the canopies were projecting into the fire lane circulation, and inquired whether they had consulted with the Fire Department. Mr. Dolan advised that they would meet with the Fire Department and make any required revisions. If any of the revisions impacted the appearance of the building, they would consult with staff. They planned to use steel and glass for the canopies. In response to an inquiry by Mr. Cunningham with respect to shading for the parking stalls as defined under the tree ordinance, Ms. Altschuler advised that with a new parking lot, one tree must be provided for every four required parking spaces. Because this was an existing parking lot, it would be grandfathered in, and would not need to have trees installed. She noted that the applicant may install trees at their discretion. Mr. Lynch would support a minimum of three trees with open space, and would leave staff to develop the final details. Ms. Altschuler advised that staff wished to ensure that there was sufficient parking for both of the uses. The interior spaces generally functioned for the tenants, rather than customers or students. Staff suggested a plan to maximize the parking, from which the Board could reduce it. In response to an inquiry by Mr. Cunningham, Mr. Dolan advised that there would be some sort of controlled access to the parking, such as a keycard. He noted that there was generally one car per unit, but that couples will often have one car where they would have had two in a different living situation. He noted that the car count in true work/live spaces were often quite low because of the zero - commute nature of the use. In response to an inquiry by Ms. McNamara, Ms..Koike replied that originally, she intended for all the units to be for sale as soon as the project was developed. Because of insurance restrictions, she later decided to rent them for ten years, and that they could be sold after that. A discussion of the commercial uses of live /work spaces ensued. Mr. Dolan advised that they would like to be relieved of the need to place the three parking spaces beyond the required spaces inside of the building. They would like to be able to provide street trees and vines on a fence or trellis. President Piziali did not believe that was what the Board had in mind, and would not want to reduce the parking spaces inside the building. Ms. Altschuler advised that when the parking spaces were removed, more parking would be required. Planning Board Meeting Page 17 April 12, 2004 MIS Cunningham/Cook and unanimous to adopt Planning Board Resolution No. PB -04 -25 to approve a Use Permit to allow the conversion of a 15,840 square foot industrial building into seven workllive studios .and two retail /commercial spaces with associated parking and landscaping. The following condition would be added: The parking requirement would be limited to 13 spaces. the additional three spaces currently provided external to the building would be removed, and landscaping would be added with the intent of providing a minimum of three trees along Blanding Avenue. AYES — 5 (Bard, Mariani absent); NOES — 0; ABSTAIN — 0 9. WRITTEN COMMUNICATIONS: None. 10. BOARD COMMUNICATION: a. Oral Status Report regarding the Alameda Point Advisory Committee APAC (Vice President Bard). Vice President Bard was not in attendance to present this report. b. Oral Status Report regarding the Downtown Vision Taskforce (Board Member Cunningham). Board member Cunningham advised that a meeting was held the previous Monday, and the requirements of their top ten items were reviewed. They identified a list of seven or eight issues, and several were combined into a single issue. They decided to involve a consultant to develop a plan. He noted that there was considerable discussion about the use of the alleys, providing some guidelines or framework for the location of community art as a portal to enter the community. He noted that parking in the downtown area was discussed, and they believed that those concerns could be addressed if a plan existed. They tabled the idea of bringing the beat policeman back to Park Street, which was an instrumental part of maintaining the quality of life in the area. He noted that a public forum would be held on April 15, 2004, where the Downtown Vision ,Taskforce and the Housing Forum recommendations would be considered. c. Oral Status Report regarding Northern Waterfront Specific Plan (Board Member Cook). Board member Cook advised that there had been no further meetings since her last report. d. Oral Status Report regarding the Golf Course Committee (President Piziali). President Piziali advised that he received a letter from the general manager of the golf course, stating Planning Board Meeting Page 18 April 12, 2004 ATTACHMENT C PLANNING BOARD RESOLUTION APPROVING USE PERMIT UPO4-0019 Wherein the Use Permit was approved without complying with the provisions of the Work/Live Ordinance. The work/Live Ordinance, ATTACHMENT E, has the pertinent provisions italicized. CITY OF ALAMEDA PLANNING BOARD RESOLUTION NO. PB -04 -25 A RESOLUTION OF THE PLANNING BOARD OF THE CITY OF ALAMEDA GRANTING USE PERMIT UP04 -0019, FOR THE CONVERSION OF AN EXISTING INDUSTRIAL BUILDING TO WORK/LIVE STUDIOS AT 2515 BLANDING AVENUE WHEREAS, an application was made on 12 November 2003 by Janet Koike for Cal Vita LLC, requesting, approval of a Use Permit to convert a 15,940 square foot industrial building into seven workllive studios with associated parking and landscaping; and WHEREAS, the application was deemed complete for processing on 4 December 2003; and WHEREAS, the subject property is designated General Industry on the General Plan Diagram; and WHEREAS, the subject property is in the M -2, General Industrial Zoning District; and WHEREAS, the Planning Board has found that the proposal is Categorically Exempt from review under the California Environmental Quality Act Guidelines Section 15332 — In -fill Development Projects; and WHEREAS, the Board held a public hearing on 12 April 2004 to consider this application, and examined pertinent maps, drawings, and documents; and WHEREAS, the Planning Board has made the following findings regarding the Use Permit application request: 1. The location of the proposed is compatible with other land uses in the general neighborhood area. This finding can be made. This project is surrounded by a variety of retail and industrial uses. Thus, the work/live studios used by artists and craftspersons would be compatible with the existing uses, which include a boat yard, electrical contractor and sail maker use. 2. The proposed use will be served by adequate transportation and service facilities. This finding can be made. The proposed use is in a fully serviced building. An AC Transit sto p is one block east of the site. 3. The proposed use, if it complies with all conditions upon which approval is made contingent, will not adversely affect of the property in the vicinity. 1 This finding can be made. Any noise or vibration associated with this use would not adversely affect property in the vicinity since the general neighborhood is commercial and industrial in nature including a boat yard and a number of contracting and vehicle repair facilities. 4. The proposed use relates favorable to the General Plan. This finding can be made. Work/live studios are specifically mentioned as a use in the northern waterfront area in the General Plan. WHEREAS, the Planning Board has made the following findings specific to Work/Live Studios: 1. The proposed or existing use of each work/live studio is a bona fide commercial or industrial activity consistent with Section 30- 15.5(d); This finding can be made. Any uses proposed will need to secure a Work/live Permit as well as a business license. Thus, the Staff will be able to review all uses to ensure that this condition is met. 2. The establishment of work/live studios will not under the circumstances conflict with nor inhibit industrial or commercial uses in the area where the project is proposed; This finding can be made. The area proposed for this work/live studio project is an eclectic commercial/industrial area, which includes: a boat yard, small shopping in center, video store, sail � , maker, and automobile repair facility. The work/live use will not affect these uses or any future y permitted uses in the area. 3. Any building containing work/live studios and each work/live studio within the building has been designed to ensure that they will function predominantly as work spaces with incidental residential accommodations meeting basic habitability requirements in compliance with applicable regulations; This finding can be made. Only small areas of each studio will be designed for "live" space: separate p p sleeting and sanitary facilities and kitchen areas integrated into the "work" areas which are similar to food preparation areas in modern offices or other commercial uses. There are no walls separating the p g work areas from each other within each studio and six of the studios have roll up doors leading to p g workspaces to accommodate large equipment or materials. 4. Any changes proposed to the exterior appearance of the building will be compatible with adjacent commercial or industrial uses where all adjacent land is zoned for commercial or industrial uses. If there is adjacent residentially zoned land, then the proposed changes to the building shall make the commercial or industrial building being converted more compatible with the adjacent residential area. This finding can be made. Exterior modification proposed for this conversion are minimal and take their design from the existing industrial design of the building: metal roll up doors; industrial sash 2 windows to match the existing and marquees which are typical of the 1930's industrial architecture of the building. The building will continue to essentially appear as it looks today. THEREFORE BE IT RESOLVED that the Planning Board of the City of Alameda approves Use Permit UP04 -0019, to permit the conversion of an industrial building to workllive studios subject to the following conditions: 1. APPROVED PLAN: The project shall be constructed in substantial compliance with the plans, titled "Blanding Avenue Work/Live ", revised through 5 April 2004, prepared by Thomas Dolan Architecture, marked Exhibit "A ", on file in the office of the City of Alameda Planning Department, except as modified by the conditions in this Resolution. 2. VESTING: The Use Permit shall expire on 12 April 2005, unless the conversion of the building has commenced under valid permit. 3. DESIGN REVIEW: Prior to the issuance of any building permit, minor design review for the proposed exterior modifications shall be completed. 4. BUILDING AND FIRE CODE: The conversion shall be subject to all applicable building and fire codes. 5. LIMITATION ON MODIFICATION: Areas within a work/live studio that are designated as living space shall be an integral part of the work/live studio and not separated from the work space, except that mezzanines and lofts may be used as living space subject to compliance with other provisions of this Article. Examples of ways to integrate the work space and living space in compliance with this section include, but are not limited to, the following: (a) Doors or solid walls between the work space and areas used for living space do not extend all the way to the ceiling, except for sanitary facilities and rooms used primarily for sleeping, (b) There is a single entrance to the workllive studio, (c) There are no walls separating the food preparation area from the work space, (d) Only the sanitary facilities and rooms designated for sleeping are enclosed and all other portions of the living area are not separated from the workspace. 6. PERMITTED WORK ACTIVITY. The work activity in a building where workllive units are allowed shall be any use permitted by right or use permit in the zoning district, except that, in order to protect the health and safety of persons who reside in a work/live studio or in a building which contains one (1) or more workllive studios, no work activity shall be permitted nor shall any workllive studio be established on any site that contains those uses which the Planning Director when considering a workllive permit or the Planning Board when considering a use permit, finds would, by virtue of size, intensity, number of employees or the nature of the operation, have the potential to create significant impacts by reason of dust, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration or other impacts, or would be hazardous by way of materials, process, product or wastes including, g but not limited to: auto service /repair, vehicle sales or leasing, car washes, service stations, 3 bars /lounges /night clubs, adult businesses, marine engine repair /refueling facilities, animal kennels /grooming/pet shops, liquor stores, veterinary offices/hospitals, funeral parlors /mortuaries, outdoor storage as a primary use, crematories /columbaria, dismantling facilities /scrap yards, public utility structures and facilities, tire sales /service, truck stops /repair. 7. ADDITIONS TO BUILDING ENVELOPE. No modifications shall be made to the exterior of a building proposed for or in current use as a work/live occupancy that would result in a substantial increase in the building envelope resulting in an increase in the existing gross floor area of more than ten (10 %) percent in any five (5) year period outside the exterior walls or the outer surface of the roof of the building as it existed at the time of conversion to work/live studios. All changes to the exterior of work /live structures shall comply with the purposes set out in subsections 30- 15.1(g) and (h) and with the required finding set out in subsection 30- 15.6(d). New floors or mezzanines that are established within the original building envelope shall be permitted and shall be considered as part of the existing floor area for purposes of this section. 8. WORK/LIVE PERMIT REQUIRED. Each tenant or owner of an individual work/live studio must obtain a work /live permit prior to occupancy. Such permit shall be issued by the Planning Director based on a determination that the proposed occupancy is consistent with the approved use permit and all applicable requirements of this section. Application for a work/live permit shall be made to the Planning Department in writing on a form approved by the Department and shall be accompanied by a fee as set by resolution of the City Council. 9. NO SEPARATE SALE OR RENTAL OF PORTIONS OF UNIT. No portion of a work/live studio shall be separately rented or sold as a commercial space for a person or persons not living in the premises or as a residential space for a person or persons not working in the same studio. 10. BUSINESS LICENSE REQUIRED. At least one (1) occupant of each work/live studio shall maintain a current City of Alameda business license for a business located in that studio. 11. MIXED OCCUPANCIES. If a building contains mixed occupancies of work/live studios and other nonresidential uses, occupancies other than work/live shall meet all applicable requirements for those uses, and proper occupancy separations shall be provided between the work/live studios and other occupancies, as determined by the Building Official. • 12. NOTICE TO OCCUPANTS REQUIRED. The owner or developer of any building y g containing work/live studios shall provide written notice to all work/live occupants and users p that the surrounding area may be subject to levels of noise, dust, fumes, or other effects associated with commercial and industrial uses at higher levels than would be expected in residential areas. State and Federal health regulations notwithstanding, noise and other standards shall be those applicable to commercial or industrial properties in the district where the project is located. For purposes of noise control, work/live studios shall be classified as commercial property under Table II in Section 4 -10.4 of the Alameda Municipal Code. 4 13. CHANGE OF USE FROM WORK/LIVE STUDIO. No work/live studio shall be changed to exclusively residential use in any building where residential use is not permitted, where two (2) or more residential units already exist, or where the conversion would produce more than two (2) attached dwellings. The conversion of an existing work/live studio to exclusively nonresidential use is permitted when the conversion meets all other applicable zonin g and building code requirements for the proposed use. Such a change shall be subject to all applicable requirements for the district where the proposed dwelling unit is located. 14. INCREASE IN RESIDENTIAL USE. No work/live studio shall be changed to increase the floor area devoted to residential use without review and approval ofthe Planning Director. In no case shall the floor area devoted to residential use be increased to more than four hundred (400) square feet or thirty (30 %) percent of the gross floor area of the unit whichever is more. 15. ADDITIONS TO BUILDING ENVELOPE. No modifications shall be made to the exterior of a building proposed for or in current use as a work/live occupancy that would result in a substantial increase in the building envelope resulting in an increase in the existing gross floor area of more than ten (10 %) percent in any five (5) year period outside the exterior walls or the outer surface of the roof of the building as it existed at the time of conversion to work/live studios. All changes to the exterior of work /live structures shall comply with the purposes set out in subsections 30- 15.1(g) and (h) and with the required finding set out in subsection 30- 15.6(d). New floors or mezzanines that are established within the original building envelope shall be permitted and shall be considered as part of the existing floor area for purposes of this section. 16. DEED RESTRICTION REQUIRED. The owner of each work/live studio or each building containing work/live rental studios shall record a notice on the property specifying the limitations of use and operation included in the use permit. 17. ON- PREMISES SALES. On- premises sales of goods are limited to those produced within the work/live studio. Retail sales of goods produced within the work/live studio shall be incidental to the primary work use in any building used exclusively for work/live occupancy. These provisions shall permit participation in occasional open studio programs and alle g rY shows. 18. NON RESIDENT EMPLOYEES. Up to two (2) persons who do not reside in the work/live studio may work in the studio unless such employment is expressly prohibited or limited by the use permit because of potential detrimental effects on persons living or workin g in the building or on commercial or industrial uses or residentially -zoned areas in the vicinity ofthe subject property. The employment of three (3) or more persons who do not reside in the work/live studio may be permitted subject to a use permit based on additional findings that such employment will not adversely affect traffic and parking conditions in the area where the work/live studio is located. The employment of any persons who do not reside in the work/live studio shall be subject to all applicable Building Code requirements. 5 19. CLIENT AND CUSTOMER VISITS. Client and customer visits to work/live studios are permitted subject to any conditions that may be imposed by the use permit in order to ensure compatibility with adjacent commercial or industrial uses or adjacent residentially zoned areas. 20. SITE PLAN REVISIONS: Prior to the issuance of any building permit, the site plan shall be revised to remove up to three unenclosed parking spaces and show the installation of a minimum of three parking lot trees to the satisfaction of the Planning and Building Director. 21. HOLD HARMLESS: Pursuant to California Government Code Section 66474.9(b }, the City of Alameda requires as a condition of this Use Permit 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, which action is brought within the time period provided for in Government Code Section 66499.37. The City of Alameda shall promptly notify the applicant /project sponsor of any claim, action or proceeding and the City shall cooperate fully in the defense. If the City fails to promptly notify the applicant/project sponsor of any claim, action, or proceeding, or if the City fails to cooperate fully in the defense, the applicant /project sponsor shall not hereafter be responsible to defend, indemnify, or hold harmless the City. 22. 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 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. 23. ACKNOWLEDGMENT OF CONDITIONS: The applicant shall acknowledge in writin g 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 Use Permit to be exercised. The decision of the Planning Board shall be final unless appealed to the City Council, in writing and within ten (10) days of the decision or decision on any appeal by completing and p g submitting an appeal form and paying the required fee. 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. 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 requirements of Section 66020, the applicant will be legally barred from later challenging such fees or exactions. PASSED AND ADOPTED this 12th day of April, 2004 by the Planning Board of the City of Alameda by the following vote: AYES: (5) Cunningham, Cook, Lynch, McNamara, Piziali NOES: (0) ABSENT: (2) Bard, Mariani ATTEST: Gregory Fuz, Secretary City Planning Board Acknowledgment of Conditions: I hereby acknowledge receipt of Planning Board Resolution No. PB -04 -25 for, the Planning Board's approval of Use Permit, UPO3 -00 l 9, approved on April 12, 2004, and in accordance with Conditions herein, I hereby verify that I understand and agree to comply with the Conditions of Approval of said Planning Board Resolution No. PB -04 -25 and the applicable provisions of Chapter 30 of the Alameda Municipal Code (zoning Ordinance). Executed at: By: City Applicant On: Date Title APPLICANT MUST FILL OUT AND RETURN TO THE PLANNING DEPARTMENT. 7 GAP LANN INGIPBIRES412004125 I 5 b landing2.doc 8 ATTACHMENT D Provisions of the Work/Live Ordinance PARKING A modification of parking was made at Clamp Swing without regard to the section below. Obviously, 50,000 cars per year will adversely affect the customer base of nearby businesses. Such a waiver would destroy the park and housing uses next to the Del Monte building. Section 30 -15.4 (d) 2 "That a waiver or modification of parking requirements will not, under the circumstances of the particular project, either conflict with nor adversely affect commercial or industrial uses or adjacent residentially- zoned uses in the area where the project is proposed." USE RESTRICTIONS Section 15.5 (d) does restrict the uses in a work/live building which would adversely affect "the area in which the work/live studio is located." BAD PRECEDENTS The Clamp Swing building has been open for paid admission activities even though no building permits have been finaled. The elevator is not yet operational so there is no handicapped access to the existing commercial activity. What are we residents on the north side to expect from the Del Monte building? ATTACHMENT E WORK/LIVE ORDINANCE 30 -15 WORK/LIVE STUDIOS. 30 -1.5.1 Purpose. The intent of this section is to set forth regulations and standards for establishing and operating workllive studios as a primary commercial/industrial use, in which the proprietor would be allowed to reside as a secondary land use activity. The purposes of these provisions for work/live studios are: a. To provide for and make feasible the reuse of existing commercial or industrial buildings and related sites in the Northern Waterfront and other specified commercial, manufacturing, and industrial zoning districts as proposed in the Alameda General Plan; b. To provide cost - efficient alternative work space that will provide an incentive for entrepreneurs, business owners, artists, artisans, and other individuals to continue to work in Alameda and contribute to the City's economy; c. To reduce traffic and associated adverse impacts on air quality, energy resources, and the quality of life in the City by reducing the number and length of work - related trips by employed Alameda residents; d. To promote the preservation and reuse of commercial or industrial buildings that contribute to the historic character of the community in a manner that is consistent with other community goals and policies; e. To allow activities that are compatible with and will not compromise or interfere with existing and potential industrial or commercial uses in the districts where such workllive studios are established; f. To ensure that workllive studios will function predominantly as work spaces with incidental residential accommodations that meet basic habitability requirements in compliance with applicable regulations. No portion of any work/live studio shall be considered a "dwelling" as that term is defined in Sections 30.2 and 30 -51.1; g. To ensure that the exterior design of structures converted to work/live use reflects the predominant industrial or commercial character of such buildings and will be compatible with adjacent commercial or industrial uses; h. To ensure that, where there is adjacent residentially zoned land, changes to the exterior of structures converted to workllive are designed to make the commercial or industrial building being converted more compatible with the adjacent residential area. (Ord. No. 2784 NS. § 6) 30 -15.2 Applicability. Work/live studios are only allowed in existing buildings that have been converted subject to the approval of a use permit in the C -M (Commercial- Manufacturing), M -1 (Intermediate Industrial [Manufacturing]), and M -2 (General Industrial [Manufacturing]) Zoning Districts within the area bounded as follows: On the west: Sherman Street as projected northerly to the Estuary; on the north: the Estuary; on the east: Tilden Way; on the south: Buena Vista Avenue. (Ord. No. 2784 N.S. § 6) 30 -15.3 Definitions. The following definitions shall be applicable in this Article: a. Living space shall mean that portion of a work/live studio that is used for residential purposes including, but not limited to, a sleeping area, a food preparation area with reasonable work space, and a full bathroom including bathing and sanitary facilities which satisfy the provisions of applicable codes. b. Work, live studio shall mean a commercial or industrial unit with incidental residential accommodations occupying one (1) or more rooms or floors in a building primarily designed and used for industrial or commercial occupancy and providing: 1. Adequate working space reserved for commercial or industrial use and regularly used for such purpose by one (1) or more persons residing in the studio;' 2. Living space as defined in subsection 30- 15.3(a) and in accordance with the provisions of this section. c. Adjacent shall mean that properties share a common property boundary or are directly across a street right -of -way. (Ord. No. 2784 N.S. § 6) 30 -15.4 Development Standards. a. Minimum Floor Area. Each work/live studio shall include at least one thousand (1,000) square feet of gross floor area. b. Permitted Floor Area. Not more than thirty (30 %) percent or four hundred (400) square feet, whichever is greater, of the work/live studio shall be reserved for living space as defined in Section 30 -15.3. The rest of the gross floor area of each work/live studio shall be reserved and regularly used for working space. c. Separation Required. Each work/live studio shall be separated from other work /live studios or other uses in the building. Access to each work/live studio shall be provided from common access areas, common halls or corridors, or directly from the exterior of the building. d. Parking. Each work/live studio shall have at least one and one -half (1 1/2) parking space for up to one thousand (1,000) square feet of floor area plus one -half (1/2) additional space for every additional five hundred (500) square feet of floor area above the first one thousand (1,000) square feet subject to compliance with all other applicable requirements. The provided parking shall comply with the requirements of Section 30 -7. This parking requirement may be waived or modified if the following findings can be made in addition to any other findings required by the ordinance codified in this Section 30 -15: 1. That the proposed parking will be adequate to meet the demand created by the project given the character of the proposed uses; and Z. That a waiver or modification of parking requirements will not, under the circumstances of the particular project, either conflict with nor adversely affect commercial or industrial uses or adjacent residentially -zoned uses in the area where the project is proposed e. There shall not be less than two thousand (2,000) square feet of lot area for each work/live studio. (Ord. No. 2784 N.S. § 6) 30 -15.5 Additional Requirements. a. Use Permit Required Each building that contains workllive studios shall be subject to a use permit, which shall include conditions of approval as required to assure adequate' standards of health, safety, and welfare and consistency with the purposes for workllive studios set forth in this Chapter. Each workllive studio shall be subject to all conditions of approval for the building in which it exists unless the use permit states otherwise. b. Work. Live Permit Required. Each tenant or owner of an individual workllive studio must obtain a workllive permit prior to occupancy. Such permit shall be issued by the Planning Director based on a determination that the proposed occupancy is consistent with the approved use permit and all applicable requirements of this section. Application for a workllive permit shall be made to the Planning Department in writing on a form approved by the Department and shall be accompanied by a fee as set by resolution of the City Council. c. Design of Work/Live Studios. Subject to all applicable building and fire code requirements: 1. Work/live studios shall be designed to accommodate commercial or industrial uses as evidenced by the provision of ventilation, interior storage, flooring, and other physical improvements of the type commonly found in exclusively commercial or industrial facilities used for the same work activity; and 2. Areas within a work/live studio that are designated as living space shall be an integral part of the work/live studio and not separated from the work space, except that mezzanines and lots may be used as living space subject to compliance with other provisions of this Article. Examples of ways to integrate the work space and living space in compliance with this section include, but are not limited to, the following: (a) Doors or solid walls between the work space and areas used for living space do not extend all the way to the ceiling, except for sanitary facilities and rooms used primarily for sleeping, (b) There is a single entrance to the workllive studio, (c) There are no walls separating the food preparation area from the work space, (d) Only the sanitary facilities and rooms designated for sleeping are enclosed and all other portions of the living area are not separated from the work space. d. Permitted Work Activity. The work activity in a building where work/live units are allowed shall be any use permitted by right or use permit in the zoning district, except p that, in order to protect the health and safety of persons who reside in a work/live studio or in a building which contains one (1) or more work/live studios, no work activity shall be permitted nor shall any workllive studio be established on any site that contains those uses which the Planning Director when considering a workllive permit or the Planning Board when considering a use permit, finds would, by virtue of size, intensity, number of employees or the nature o f the operation, have the potential to create significant impacts by reason of dust, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration or other impacts, or would be hazardous by way of materials, process, product or wastes including, but not limited to: auto service /repair, vehicle sales or leasing, car washes, service stations, bars /lounges /night clubs, adult businesses, marine engine repair /refueling facilities, animal kennels /grooming/pet shops, liquor stores, veterinary offices/hospitals, funeral parlors /mortuaries, outdoor storage as a primary use, crematories/columbaria, dismantling facilities /scrap yards, public utility structures and facilities, tire sales /service, truck stops /repair. Uses allowed under the foregoing paragraph that may, depending on how they are operated, also have the potential to generate impacts or would constitute a change in occupancy under the building code shall not be approved unless the Planning Director finds that as proposed to be conducted, or as modified by conditions of use permit, they would not conflict with or adversely affect existing work uses in the building and in the area where the work/live studio is locateat No use shall be approved where, given the design or proposed design of the workllive studio, there would be the potential for adverse health impacts from the proposed use on the eo le residing in the studio. An p p g example of a potential health impact is the potential for food contamination from uses which generate airborne particulates in a studio with an unenclosed kitchen. Retail activities must be accessory and subordinate to any permitted commercial or industrial work activity in buildings used exclusively for work/live studios. e. No Separate Sale or Rental of Portions of Unit. No portion of a work/live studio may be separately rented or sold as a commercial space for a person or persons not living in the . p g premises or as a residential space for a person or persons not working in the same studio. f. Business License Required. At least one (1) occupant of each work/live studio shall maintain a current City of Alameda business license for a business located in that studio. g. Mixed Occupancies. If a building contains mixed occupancies of work/live studios and other nonresidential uses, occupancies other than workllive shall meet all applicable requirements for those uses, and proper occupancy separations shall be p rovided between the workllive studios and other occupancies, as determined by the Building Official. h. Notice to Occupants Required. The owner or developer of any building containing workllive studios shall provide written notice to all workllive occupants and users that the surrounding area may be subject to levels of noise, dust, fumes, or other effects associated with commercial and industrial uses at higher levels than would be expected in residential areas. State and Federal health regulations notwithstanding, noise and other standards shall be those applicable to commercial or industrial properties in the district where the project is located. For purposes of noise control, work/live studios shall be classified as commercial property under Table II in Section 4-10.4 of the Alameda Municipal Code. i. Change of Use From Work/Live Studio. No work/live studio shall be changed to exclusively residential use in any building where residential use is not permitted, where two (2) or more residential units already exist, or where the conversion would produce more than two (2) attached dwellings. The conversion of an existing workllive studio to exclusively nonresidential use is permitted when the conversion meets all other applicable zoning and building code requirements for the proposed use. Such a change shall be subject to all applicable requirements for the district where the proposed dwelling unit is located. j. Increase in Residential Use. No workllive studio shall be changed to increase the floor area devoted to residential use without review and approval of the Planning Director. In no case shall the floor area devoted to residential use be increased to more than four hundred (400) square feet or thirty (30 %) percent of the gross floor area of the unit whichever is more. k. Additions to Building Envelope. No modifications shall be made to the exterior of a building proposed for or in current use as a work/live occupancy that would result in a substantial increase in the building envelope resulting in an increase in the existing gross floor area of more than ten (10 %) percent in any five (5) year period outside the exterior walls or the outer surface of the roof of the building as it existed at the time of conversion to workllive studios. All changes to the exterior of workllive structures shall comply with the purposes set out in subsections 30-15.1g. and h. and with the required finding set out in subsection 30- 15.6d. New floors or mezzanines that are established within the original building envelope shall be permitted and shall be considered as part of the existing floor area for purposes of this section. If there is adjacent residentially zoned land, then the expansion of the building envelope shall be the minimum necessary to comply with health and life safety requirements and minimum habitability requirements. 1. Deed Restriction Required. The owner of each workllive studio or each building containing work/live rental studios shall record a notice on the property specifying the limitations of use and operation included in the use permit. m. On premises Sales. On- premises sales of goods is limited to those produced within the workllive studio. Retail sales of goods produced within the workllive studio shall be incidental to the primary work use in any building used exclusively for work/live occupancy. These provisions shall permit participation in occasional open studio programs and gallery shows. n. Nonresident Employees. Up to two (2) persons who do not reside in the workllive studio may work in the studio unless such employment is expressly prohibited or limited by the use permit because of potential detrimental effects on persons living or working in the building or on commercial or industrial uses or residentially -zoned areas in the vicinity of the subject property. The employment of three (3) or more persons who do not reside in the work/live studio may be permitted subject to a use permit based on additional findings that such employment will not adversely affect traffic and parking conditions in the area where the work/live studio is located. The employment of any persons who do not reside in the work/live studio shall be subject to all applicable Building Code requirements. 0. Client and Customer Visits. Client and customer visits to workllive studios are permitted subject to any conditions that may be imposed by the use permit in order to ensure compatibility with adjacent commercial or industrial uses or adjacent residentially - zoned areas. p. Landscaping. Where a building to be converted to workllive use is adjacent to residentially- zoned land, screening landscaping shall be p rovided and maintained as a buffer between the workllive building and adjacent residentially -zoned land where feasible in Tight of building setbacks, existing and required parking and whether there is land available along the property boundary. q. Hazardous/ Toxic Materials. A Phase I Environmental Assessment for a site proposed for work/live occupancy, including but not limited to an expanded site investigation to determine whether lead based paint and asbestos hazards exist, is required to be submitted as part of the application for a use permit. The purpose of this requirement is to assess whether there are any hazardous or toxic materials on the site that could pose a health risk. Where the Phase I shows that there are potential health risks, a Phase 2 Environmental Assessment shall be prepared and submitted to determine if remediation may be required. (Ord. No. 27841 N. S. § 6) 30 -15.6 Findings Required. In addition to any other findings required by Section 30 -21.3, the approval of any use permit required under this Chapter shall require a finding that the proposed use is consistent with the purposes for work/live studios set forth in Section 30 -15.1 with respect to the circumstances and conditions of the subject property. The following additional findings must also be made: a. The proposed or existing use of each work/live studio is a bona fide commercial or industrial activity consistent with Section 30- 15.5d.; b. The establishment of work/Jive studios will not under the circumstances conflict with nor inhibit industrial or commercial uses in the area where the project is proposed; c. Any building containing work/live studios and each work/live studio within the building has been designed to ensure that they will function predominantly as work spaces with incidental residential accommodations meeting basic habitability requirements in compliance with applicable regulations; d. Any changes proposed to the exterior appearance of the building will be compatible with adjacent commercial or industrial uses where all adjacent land is zoned for commercial or industrial uses. If there is adjacent residentially -zoned land, then the proposed changes to the building shall make the commercial or industrial building being converted more compatible with the adjacent residential area. (Ord. No. 2784 N.S. § 6)