Resolution 14143\;
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a WHEREAS, the application was accepted as complete on July 5, 2006; and
CITY OF ALAMEDA RESOLUTION NO. 14143
APPROVING THE APPEAL OF NISSAN SAIDIAN & LEON ZEKTSER,
AND OVERTURNING THE PLANNING BOARD'S DENIAL OF USE
PERMIT UP06 -0010 FOR 1310 CENTRAL AVENUE
WHEREAS, an application was made on May 24, 2006, by Nissan Saidian
& Leon Zektser of 1310 Central Avenue requesting a Use Permit, UP06 -0010, to
allow extending the hours of operation for gasoline sales to 7:00 am - 8:00 pm
Monday through Friday, and Saturdays 9:00 am - 4:00 pm in exchange for
eliminating auto repair on Saturday at the existing legal nonconforming service
station facility at 1310 Central Avenue; and
WHEREAS, the subject property is designated Medium Density Residential
on the General Plan Diagram; and
WHEREAS, the subject property is located in an R -4 (Neighborhood
Residential) Zoning District; and
WHEREAS, the gas station use on the subject property is a legal
nonconforming use pursuant to Section 30 -20 of the Alameda Municipal Code;
and
WHEREAS, the Board scheduled a public hearing on this application on
August 14, 2006; and
WHERAS, the applicant requested the application be continued to a future
date; and
WHEREAS, the Board held a public hearing on this application on June 11,
2007 and examined pertinent maps, drawings, documents and denied the
application; and
WHEREAS, on June 20, 2007, Nissan Saidian & Leon Zektser filed a timely
appeal with the City requesting that the City Council conduct an appeal hearing;
and
WHEREAS, on August 21, 2007, the City Council held a public hearing and
examined pertinent maps, drawings and documents, as well as the record of the
Planning Board hearings; and
WHEREAS, the City Council considered the staff responses to the bases of
the applicants' appeal as set out in Attachment 1 to the staff report, which
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- 99 -60, and Use Permit UP- 99 -10.
2. The gas station fuel service is permitted to operate between the hours of
7:00 am — 8:00 pm, Monday through Friday, between 9:00 am — 4:00 pm
on Saturday, and shall be closed Sunday.
3. The sale of diesel fuel and related diesel products shall be eliminated within
ten days after this Use Permit approval is granted.
4. The auto repair service is permitted to operate between the hours of 9:00
am — 6:00 pm, Monday through Friday, and shall be closed Saturday and
Sunday.
5. The automobile repair service shall be limited to Tight 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.
6. All auto servicing work shall be conducted within the interior lube bays of
the structure.
7 No non - automotive goods shall be sold at the site. Particularly, there shall
be no sale of alcoholic beverages.
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 to not traverse on the smaller
residential streets surrounding the site. The business owner shall provide a
copy of the letter to the Planning & Building Department.
previous Use Permits granted for this property are superseded upon the
vesting of this Use Permit and shall be of no further force and effect.
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 during the Regular
Meeting of the City Council on the 4th day of September 2007, by the following vote to
wit:
AYES: Councilmembers deHaan, Gilmore, Matarrese, Tam
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 5th day of September, 2007.
Cu\o‘ tti
Lara Weisiger, City
City of Alameda