Resolution 12288CITY OF ALAMEDA RESOLUTION NO. 12288
GRANTING THE SIMAS APPEAL OF THE PLANNING BOARD'S DENIAL
OF UP-91-330, AND APPROVING WITH CONDITIONS A CAR WASH AT
THE CORNER OF BUENA VISTA AVENUE AND PARK STREET
WHEREAS, On October 17, 1992 the Simases made an application
requesting a Use Permit to allow a car wash pursuant to Section
30-4.10.c(6) of the Alameda Municipal Code; and
WHEREAS, on March 23, 1992 the Planning Board held a public
hearing to consider the Use Permit for the proposed car wash and
the related Negative Declaration and General Plan Amendment; and
WHEREAS, on April 13, 1992 the Planning Board voted to
recommend to City Council the approval of the Negative Declaration
and the denial of the General Plan Amendment, and denied the Use
Permit; and
WHEREAS, the applicant filed a timely appeal of the Planning
Board's denial of the Use Permit and on May 6, 1992 the City
Council agreed to hear the appeal and set a hearing date of June
3, 1992; and
WHEREAS, on June 3, 1992 the City Council held a public
hearing on the Negative Declaration, General Plan Amendment 91-330,
applicant's appeal of the Planning Board's denial of the Use Permit
application, and considered the administrative record, pertinent
documents and plans, public testimony, and the Planning Board's
recommendations; and
WHEREAS, on June 3, 1992 the Council approved Negative
Declaration IS-91-330 pursuant to the California Environmental
Quality Act, which the City Council determined to be adequate in
addressing the environmental impacts for the proposed project; and
WHEREAS, on June 3, 1992 the City Council made a motion of
intent to approve the proposed General Plan Amendment; and
WHEREAS, on July 7, 1992 the City Council approved an
amendment to the General Plan Diagram to change the designations
for 2329 Buena Vista Avenue from Medium Density Residential to
Community Commercial; and
WHEREAS, the property, consisting of 1701 Park Street and 2329
Buena Vista Avenue, is zoned Commercial Manufacturing (C-M)
District; and
1
WHEREAS, the project is located within the boundaries of the
Business and Waterfront Improvement District and designated Medium-
Density Residential; and
WHEREAS, the City Council has been advised that the gas
station/car wash would be inconsistent with the Medium-Density
Residential Use designation specified by the Redevelopment Land Use
Map, of the Community Improvement Plan for the Business and
Waterfront Improvement Project but that subject to meeting City
standards and requirements, an amendment to the Community
Improvement Plan would be supported because the proposed commercial
use is consistent with adopted goals of the Community Improvement
Plan for the Business and Waterfront Improvement Project; and
WHEREAS, the Council finds that the Planning Board acted to
deny the Use Permit in large part because of the General Plan
designation of 2329 Buena Vista Avenue which the City Council has
now changed; and
WHEREAS, in light of the changed General Plan designation for
2329 Buena Vista Avenue, the Council has determined that the
findings pursuant to Section 30-21.3(b) of the Alameda Municipal
Code can be made as follows:
1. The location of the proposed use (car wash) is compatible
with the other land uses in the general neighborhood
area, because it will favorably relate to the General
Plan Amendment adopted by Council on July 7, 1992 and the
property is part of the commercial development along Park
Street.
2. The proposed use will be served by adequate
transportation and service facilities because there is
adequate water, sewer, gas and electric service for the
proposed use and the site is located at the corner of
Park Street and Buena Vista Avenue designated as major
routes in the General Plan.
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 because;
- a combination of walls and landscaping will provide
adequate screening for the adjacent properties from
noise, light intrusion and visual impact of the gas
station, food mart and car wash,
- the redeveloped site will reduce the number of curb
cuts,
2
as part of obtaining Building Permits for the
project, the applicant will contribute affordable
housing in lieu fees and fees towards traffic
improvements in the vicinity.
THEREFORE BE IT RESOLVED that the City Council of the City of
Alameda hereby grants the Simas appeal of the Planning Board's
denial and hereby approves the Use Permit subject to the following
conditions.
1. The Simas Use Pe/tit (UP 91-330) is approved to allow a car
wash pursuant to Section 30-4.10.c (6) of the Zoning
Ordinance, in conjunction with a gas station (permitted under
Section 30-4.10.b (2)(x)) and a food mart store (permitted
under Sections 30-4.10.b (2) and 30.4.8.b (2)(j)) subject to
the following conditions.
2. The development of the site is approved as shown on the plans
filed for this application prepared by Robert H. Lee &
Associates, Inc. revised through 6-17-92 and marked Exhibit
"A" in Planning Department files.
3. The hours of operation at this site shall be in compliance
with the following:
a. The operation of the gas pumps may be on a 24 hour basis.
b. The car wash shall not operate between 8 p.m. in the
evening and 8 a.m. in the morning.
c. The food mart shall not operate between 10 p.m. in the
evening and 7 a.m. in the morning.
4. This project is subject to Design Review to be considered in
a public hearing by the Planning Board. No building permit
shall be issued until the site design and buildings have
received Design Review approval. In particular, the following
aspects of the project shall be specifically considered:
landscaping plan; height, finish and location of walls for
noise attenuation; and the location, specific fixture design
and hooding and intensity for lighting.
5. The landscaping plan revised through 6-17-92 and marked
Exhibit "A" in Planning Department files shall be modified and
redesigned as follows:
a The wall along the westerly property line shall be 14
feet tall. However, the wall shall not be taller than
3 ft. for a distance of 20 feet measured perpendicularly
from the inside edge of the sidewalk.
b. The five foot landscape area on the westerly property
line shall be planted to provide screening from light
intrusion and visual impacts. The landscaping shall
3
include climbing plants which will cover the wall and
trellis. Deciduous plants should not be used, and
landscaping should not include plants which will
substantially encroach on the driveway of the adjacent
property.
c. The landscape and irrigation plan shall comply with the
City of Alameda Water Conservation Ordinance.
6. The car wash building location and wall location and height
required for the westerly property line requires a variance.
The applicant shall make application for such a variance in
conjunction with the Design Review.
7. The signage as shown in Exhibit "A" in Planning Department
files shall be subject to review and approval as part of the
Design Review. However, all signage must be located within
the property boundaries and may not be placed within the road
rights of way as shown.
8. Prior to issuance of a building permit the applicant shall
enter into a written and recorded agreement to be to the
satisfaction of the Planning Director in consultation with the
City Attorney's Office ensuring the long term maintenance of
the site landscaping. The agreement shall provide
acknowledgement of the following:
a. failure to maintain the landscaping shall be grounds for
initiating a revocation hearing of the Use Permit for
failure to comply with conditions which required the
landscaping as a mitigation for certain project impacts.
b. permission for the City of Alameda or its agents or
contractors to enter the site and restore and/or maintain
the landscaping and to charge the applicant for the cost
of such work. The agreement shall provide for remedies
for collection of these costs, including but not limited
to liens on the property.
9. All exterior lighting fixtures shall be designed to direct
lighting downward and within the site to minimize light
intrusion for adjacent properties. Hoods and other
directional devices will be required. Lighting intensities
shall be limited to the minimum necessary to provide adequate
lighting for the operation of the site. Exterior lighting
shall be subject to Design Review approval prior to issuance
of any building permits for the site. A report from a
Lighting Engineer determining the adequacy of mitigations in
terms of light fixture siting, hood, and intensity shall be
submitted as part of the Design Review application.
4
10. A 14 ft. wall shall be extended a minimum of 10 feet from the
carwash entrance and from its exit to mitigate noise impacts
from the car wash on adjacent uses. Additional walls may be
required in accordance with the noise study prepared by
Fitzroy/Dobbs, Consultants in Architectural Acoustics and
Noise Control, dated February 1, 1992. As part of the
application for Design Review, the applicant shall submit a
supplemental report from the noise consultant determining the
adequacy of mitigations in terms of walls, etc. to ensure
adequate noise control for the adjacent property (2327 Buena
Vista Avenue).
11. Mitigation of dust and particulates resulting from
construction activities shall include at least the following
measures:
a. Construction dust shall be controlled through frequent
watering and/or other dust control measures. In warm,
dry weather, this shall mean at least twice daily.
Reclaimed water shall be used unless prior to the
issuance of the building permits for site construction,
the applicant submits information in writing satisfactory
to the Planning Director why this is not practical.
b. Soil which is being transported to or from the site shall
be in covered trucks.
12. The car wash shall contain a recycled wash system which shall
be shown on the plans submitted for building permit.
13. Construction activities at the site shall be limited to 7:00
a.m. to 6:00 p.m. Monday through Friday. No construction is
permitted on Saturday or Sundays or National or State
holidays. Construction activities shall comply with
applicable City of Alameda Municipal Code Community Noise
standards. Exceptions to these limitations may be approved
by the Planning Director upon the written request of the
applicant and determinations by the Planning Director that the
exception is necessary to accommodate unusual construction
circumstances and that the exception will not create a
substantial disturbance for properties in the vicinity.
14. The height of the car wash door shall be lowered from 8 feet
to 7 feet, or, alternatively, a solid material flap shall be
installed that has a seven foot clearance but can be raised
to 8 feet on an as needed basis to provide additional
clearance for taller vehicles.
15. The construction and operation of the site shall comply with
the requirements of the Hazardous Materials Division of the
Alameda County Environmental Health Department and with the
5
applicable Uniform Fire Code and Uniform Building Code
provisions.
16. The applicant shall provide the required affordable housing
or pay the appropriate in-lieu housing fee prior to issuance
of building permits for this project.
17. The applicant shall make available to the general public the
existing residence at 2329 Buena Vista Avenue for relocation
as housing on an appropriately zoned parcel within the City
of Alameda. The availability of the house shall be advertised
in local newspapers at the applicant's cost. If after 60
days, no one wishes to relocate the house for use as housing,
then the house may be relocated to be used for alternative
uses such as an office, community center building, etc. If
after 120 days, no one wishes to relocate the house, it may
be demolished, in compliance with other conditions of this
approval and with necessary permits. The applicant shall
coordinate its efforts to relocate the structure with the City
of Alameda Community Development and Planning Departments.
18. Prior to issuance of a building permit, the applicant shall
submit for the review and approval of the Planning Director
in consultation with the TSM Coordinator a report setting out
the proposed program and reporting to ensure compliance of
this project with the requirements of the City of Alameda
Transportation Systems Management Ordinance. The applicant
shall contact the City's TSM Coordinator to determine specific
measures. The reporting is required on a periodic basis to
demonstrate compliance with the applicable requirements.
19. The applicant shall contribute towards the following traffic
improvements: the left turn pockets on Park Street at Buena
Vista Avenue (estimated cost $320,000) and the Oak Street
Signal Progression Program (estimated cost $246,000). The
applicant's share of the total cost is based on the City's
estimate of the additional traffic to be generated by business
expansion on Park Street by the year 2000. The applicant's
share has been determined to be 2.5% which would be a cost of
$14,200. Prior to the issuance of any building permits for
the site, the applicant shall pay this amount to the City, as
adjusted from March 1992 (date of provision of estimate from
Engineer) to the date of payment by the Engineering News
Record Construction Cost Index for the San Francisco/Bay Area.
Alternatively, the applicant may work with the Public Works
staff to arrange a payment schedule acceptable to Public
Works.
20. No permit for moving or demolishing the existing house at 2329
Buena Vista Ave. shall be issued until a Design Review for the
redevelopment of the parcel has been approved.
6
21. During construction, the site shall be enclosed by a secure
construction fencing. The proposed fencing and proposed access
plan for construction vehicles entering and leaving the site
shall be submitted as part of the Design Review application.
22. All fees owed to the Planning Department for the processing of
this Use Permit and related General Plan Amendment shall be paid
in full before processing of the Design Review application can
be completed.
23. This Use Permit approval shall be vested within one year from
the date of final approval or shall be null and void. Prior to
the expiration of the one year the applicant may request an
extension of this time period by submitting the request in
writing with any necessary fees. Final approval shall be the
date of final action by the City Council or the date of decision
by the Court in the event of a legal challenge. Vesting shall
require the applicant to secure a valid building permit (ie. the
permit must be issued) to commence construction on site.
7
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 regular meeting assembled on the 7th day of
July , 1992, by the following vote to wit:
AYES: Councilmembers Lucas, Roth and President
Withrow - 3.
NOES: Councilmembers Arnerich and Camicia - 2.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 8th day of July , 1992.
' I
Diane B. Felsch, City Clerk
City of Alameda