Resolution 12257CITY OF ALAMEDA RESOLUTION NO. 12257
OVERTURNING THE PLANNING BOARD DENIAL OF USE PERMIT UP-92-1
TO ALLOW AUTOMOBILE SALES AND SERVICE.
WHEREAS, the Planning Board held a hearing on April 13, 1992
and denied the application; and
WHEREAS, the decision was appealed to the City Council; and
WHEREAS, the City Council held a public hearing on this appeal
on June 3, 1992, and has examined pertinent maps, drawings, and
documents; and
WHEREAS, the City Council has made the following findings:
1. The proposed use will favorably relate to other property,
uses and intensities along Webster Street and fulfillS
the policies of the General Plan, because the use would
not adversely affect the existing retail and residential
uses.
2. The location of the proposed use is compatible with other
land uses in the general neighborhood area. The subject
site is surrounded by a variety of retail uses, including
a clothing and furniture store, a grocery store, an
electronic store, several restaurants, a bank, a beauty
CL
and barber shop, a pharmacy and a gasoline service
r r station.
3. The proposed use will be served by adequate
transportation and service facilities. Webster Street
is served by AC Transit lines 51, 53 and 63. Basic
utility services exist in the building.
4. The proposed use will not adversely affect other property
in the vicinity, because sufficient parking is available
on-street and on site. The service component of the
business will be conducted within the existing building,
and thus, will not adversely affect other uses in the
vicinity.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
Alameda that the City Council hereby overturns the denial of Use
Permit, UP-92-1 with the following conditions:
1. The project shall be constructed in substantial
compliance with the plans titled "O'Connell Volvo" on
file in the office of the City of Alameda Planning
Department.
2. All automobile service conducted as part of the operation
shall be conducted within the confines of the building.
No automobile repair is allowed. Repair shall include
but is not limited to:
transmission work
brake work
body and fender work
engine overhaul
In the event that the subject property is rezoned to a
District which allows automobile repair or the C-2
District is amended to allow automobile repair, then this
restriction on automobile repair shall be null and void.
In no event, however, shall auto body repair be allowed
at this location.
3. All exterior walls shall be soundproof to achieve
compliance with Tables I and II of Article II, Noise
Regulations, of the Alameda Municipal Code.
4. All cars offered for sale shall be stored in the area
shown as "showroom" on the plans.
5. The area at the rear of the existing building shall be
developed as a parking lot, and shall comply with the
standards of Section 30-7, Off-Street Parking and Loading
Space Regulations, as to parking space size and
landscaping.
6. The parking lot to be developed at the rear of the
building shall be reserved for customer parking only, and
shall not be used by the owner or employees of the
automobile service/sales facility, and shall not be used
to store cars which are offered for sale.
7. The Webster Street facade of the building shall be
improved including repair of the existing awning and
painting of the building. Improvements requiring a
building permit shall be subject to design review.
8. All signage for the automobile service/sales facility
shall be comply with Section 30-6, Sign Regulations.
9. The building shall be required to meet fire code
requirements for the proposed change in occupancy
classification.
10. The Use Permit shall terminate one (1) year from June 3,
1992, unless actual construction or alteration under
valid permits has begun, or the applicant applies for and
is granted an extension prior to the expiration of the
Use Permit.
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 adjourned regular meeting assembled on the 3rd
day of June , 1992, by the following vote to wit:
AYES: Councilmembers Arnerich, Camicia, Lucas and
President Withrow - 4.
NOES: None.
ABSENT: None.
ABSTENTIONS: Councilmember Roth - 1.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 4th day of June , 1992.
ui _%l s/f
Diane B. City Clerk
City of Alameda