Resolution 1286512865
CITY OF ALAMEDA RESOLUTION NO.
UPHOLDING THE PLANNING BOARD'S APPROVAL OF USE PERMIT, UP-96-36,
FOR A PROJECT TO BE LOCATED AT 1916 WEBSTER STREET (SOUTHEAST
CORNER OF WEBSTER STREET AND ATLANTIC AVENUE)
WHEREAS, an application was made on October 24, 1996 by the
Browman Development Company requesting two Use Permits for (1) 24-
hour operation of the Walgreen's and a portion of the multi-tenant
building and (2) an unenclosed (outdoor) seating for proposed food
and beverage businesses. The site is composed of three parcels of
approximately 3 acres. Within the site development area is a 0.10-
acre parcel owned by the East Bay Municipal Utility District
(EBMUD); and
WHEREAS, the application was accepted as complete on January
29, 1997; and
WHEREAS, the subject property is designated as Community
Commercial and Parks and Public Open Space on the General Plan
Diagram; and
WHEREAS, the subject property is located in a M-1-PD,
Intermediate Industrial (Manufacturing), Planned Development Zoning
District; and
WHEREAS, the project is located within the boundaries of the
Business and Waterfront Improvement Project and designated is for
Commercial Uses and the West End Community Improvement Plan and is
designated for Mixed Use; and
WHEREAS, the Planning Board held a public hearing on February
24, 1997 to consider Use Permit, UP-96-36, and upon due
consideration approved the application; and
WHEREAS, an appeal was made on February 25, 1997 by Edward H.
Clark to the City Council of the approval of the Use Permit; and
WHEREAS, the City Council held a public hearing on this appeal
on April 1, 1997, and has examined pertinent maps, drawings and
documents; and
WHEREAS, the City Council finds that there is no merit to the
basis of the appeal based on Staff's response to the bases as set
out in the Staff Report prepared for the April 1, 1997 City Council
meeting; and
WHEREAS, the City Council denies the appeal filed by Edward H.
Clark and upholds the decision of the Planning Board to approve Use
Permit, UP-96-36; and
WHEREAS the City Council makes the following findings relative
to the Use Permit to allow an unenclosed food and beverage area
adjacent to the Pad "A" building:
1. The location of the proposed use is compatible with other uses
in the neighborhood: The general area is composed of a variety of
auto-oriented commercial uses, such as fast food, drive-in
restaurants, gasoline stations and a motel. A linear park is
proposed as part of the Atlantic Avenue Corridor Improvements and
would be adjacent to the site. The outdoor area would landscaped
with trees and shrubs in large pots. The outdoor area would be
adjacent to an existing East Bay Municipal Utilities District
wastewater pumping facility. However, based on testimony by the
developer and the representative from the East Bay Municipal
Utilities District, the Board determined that no odor problem
exists at the site only the potential for an odor problem and
therefore, no physical improvement is required at this time. The
potential impact will be reduced because notice to future tenants
of the Pad "A" building will be required and the developer will be
required to continue working with the East Bay Municipal Utilities
District on an on-going basis to accommodate upgrades to the
pumping facility which would lessen the potential odor problem.
Thus, the proposal would be compatible with other uses in the
neighborhood.
2. The proposed use will be adequately served by transportation
and service facilities: The site is served by AC Transit and
provides the required amount of on-site parking spaces. All
utilities are provided to the site. Thus, the proposal is
adequately served by transportation and service facilities.
3. The proposed use will not adversely affect other property in
the vicinity: The proposed outdoor food and beverage area will be
an amenity to the neighborhood and will not affect other property.
The area is located within the site, is shielded by the Pad "A"
building, the EBMUD structure and the parking lot and perimeter
trees, and will not be visible from adjacent public streets. A six
foot high masonry or concrete wall will be installed along the
south property line to shield the adjacent residential use from
noise which may emanate from the unenclosed use. Gaps in existing
trees along the property boundary between the residential use and
the subject site will also be closed by the planting of additional
trees to provide a buffer between the uses. The seating proposed
for the plaza be brought indoors no later than at 10:00 pm, and the
will site contain adequate refuse facilities for patrons to lessen
the potential trash at the site. Thus, the proposal would not
adversely affect other property in the vicinity.
4. The proposed use favorably relates to the General Plan: Use
Permits must favorably relate to the General Plan. General Plan
Guiding Policy 2.5.a. states a goal of "(p)rovid(ing) enough retail
and service space to enable Alameda to realize its full retail
sales potential." The outdoor food and beverage area would be a
desirable amenity for this retail center which is currently not
available on Webster Street. The area could also be considered as
ancillary to the greenway. Greenway users would find seating,
refreshments and shade. It would provide an additional sales
opportunity, could increase the enjoyment of the greenway and thus,
would favorably relate to the General Plan.
WHEREAS, the City Council makes the following findings
relative to the Use Permit to allow 24 hour operation of the
Walgreen's Drug Store:
1. The location of the proposed use is compatible with other uses
in the neighborhood: Some of the nearby fast food uses operate on
a 24 hour basis as does the Lucky's Market in Marina Village.
Thus, the proposed use is compatible with other uses in the
neighborhood.
2. The proposed use will be adequately served by transportation
and service facilities: The site is served by AC Transit and
provides the required amount of on-site parking spaces. All
utilities are provided to the site. Thus, the proposal is
adequately served by transportation and service facilities.
3. The proposed use will not adversely affect other property in
the vicinity: By operating on a 24 hour basis, the Walgreen's
which contains a full service pharmacy as well as other retail
sales items, will provide a service not currently enjoyed in the
neighborhood. The volume of customers during the late evening,
nighttime and early morning hours would be considerably less than
during daytime and early evening hours. Therefore, the parking
spaces immediately adjacent to the Walgreen's building, which are
furthest from the adjoining residential complex would be utilized,
thereby reducing automobile noise travelling behind the Walgreen's
building in the area immediately adjacent to that complex. An
eight foot high masonry wall will be constructed along the property
boundary opposite the Walgreen's building to further reduce noise.
Gaps in existing trees along the property boundary between the
residential use and the subject site will also be closed by the
planting of additional trees to provide a buffer between the uses.
Deliveries to the Walgreen's will be limited to after 7:00 am and
before 10:00 pm of every day.
4. The proposed use favorably relates to the General Plan: Use
Permits must favorably relate to the General Plan. General Plan
Guiding Policy 2.5.a. states a goal of "(p)rovid(ing) enough retail
and service space to enable Alameda to realize its full retail
sales potential." There is currently no 24 hour, full service
pharmacy on Webster Street. Thus, the proposal would provide a new
sales potential to the area. Thus, the 24 hour operation would
favorably relate to the General Plan.
NOW THEREFORE BE IT RESOLVED that the City Council approves
Use Permit, UP-96-36, subject to the following conditions:
APPROVED PLANS
1. The project shall be constructed in substantial compliance
with the plans consisting of the following eight sheets which
constitute and are marked Exhibit "A", on file in the office
of the City of Alameda Planning Department, except as modified
by the conditions in this Resolution:
a. Topographic Survey, Atlantic/Webster/Constitution
Project, Alameda California, prepared by Phillippi
Engineering, dated May 17, 1996, and stamped received
"February 18, 1996.
b. Walgreens At Alameda Site Plan, prepared by Phillippi
Engineering, undated, and stamped received "February 18,
1997" and showing the existing easements.
c. Walgreens At Alameda Site Plan, prepared by Phillippi
Engineering, undated, and stamped received "February 18,
1997".
d. Walgreens Drug Store No.000, Alameda California, prepared
by Jerold L. Dougal, dated October 18, 1996, revised
January 7, 1997 and. January 24, 1997, stamped received
"February 18, 1997.
e. Multi-Tenant Shop Building, Alameda California, prepared
by Jerold L. Dougal, dated October 18, 1996, revised
January 7, 1997, and stamped received "February 18,
1997".
f. Walgreens Alameda Conceptual Landscape Plan, prepared by
James Ferguson Clabaugh, dated October 21, 1996, revised
January 9, 1997 and January 31, 1997, and stamped
received "February 18, 1997".
g Walgreens, Alameda, Conceptual Landscape Detail, prepared
by James Ferguson Clabaugh, dated January 31, 1997, and
stamped received "February 18, 1997".
h. E.B.M.U.D. Building Alameda, California, prepared by
Jerold L. Dougal, dated January 13, 1997, and stamped
received "February 18, 1997".
i. The revised Walgreens At Alameda Site Plan, prepared by
Phillippi Engineering, undated, and stamped received
"March 27, 1997".
j.
The revised Multi-Tenant Shop Building, Alameda
California, prepared by Jerold L. Dougal, dated October
18, 1996, revised January 7, 1997, revised January 24,
1997 and stamped received "March 27, 1997".
k. Where there is a conflict between the various sheets of
Exhibit "A", the plans cited in Conditions 1(i) and 1(j)
shall control.
USE PERMIT
2. Walgreen's may operate a pharmacy and drug store on a 24 hour
basis, seven days per week, in the building located along
Webster Street.
3. Commercial delivery loading and unloading for businesses at
the site shall not occur prior to 7:00 am any day nor after
10:00 pm on any day.
4. At least four refuse containers with a minimum capacity of 32
gallons be provided on the plaza adjacent to the Pad "A"
building.
5. The seating proposed for the plaza be brought indoors no later
than the close of the business at 10:00 pm and may not be put
out earlier than 7:00 am in order to minimize loitering
opportunities.
6. The unenclosed use of the outdoor seating area is approved
subject to the following conditions:
a. The developer shall hold harmless the City of Alameda in
any litigation relating to any odor problems associated
with the EBMUD pumping facility from the developer, his
successors or assigns, or any of his tenants.
b. The developer shall advise all tenants in the Pad "A"
building of the proximity of the project to an EBMUD
sewer pumping facility.
c. As undertaken in a letter from Jimi Yoloye, Supervisor of
Wastewater Planning, dated March 24, 1997, the East Bay
Municipal Utilities District will install chemical dosing
and odor control facilities at the pumping facility,
either above ground or underground, at the cost of the
East Bay Municipal Utilities District. The developer
shall work with EBMUD to accommodate the proposed
upgrades to the pumping facility which would lessen the
potential odor problem.
7. The Use Permit shall be conducted in compliance with Planned
Development, PD-96-3.
COMPLIANCE WITH LAWS
8. The developer shall comply with all federal, state and local
laws. Material violation of any of those laws in connection
with the use will be cause for revocation of this permit.
HOLD HARMLESS
9. The City of Alameda requires as a condition of this Use Permit
approval that Browman Development Company, 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 1916 Webster Street Use
Permit, which action is brought within the time period
provided for in Government Code Section 66499.37. The City of
Alameda shall promptly notify the developer of any claim,
action or proceeding and the City shall cooperate fully in the
defense. If the City fails to promptly notify the developer
of any claim, action, or proceeding, or if the City fails to
cooperate fully in the defense, the developer shall not
hereafter be responsible to defend, indemnify, or hold
harmless the City.
REVOCATION
10. These Use Permits 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.
VESTING
11. The Use Permits shall terminate one (1) year from April 1,
1997, unless actual construction under valid permits has
begun, or the developer applies for and is granted an
extension prior to the Use Permits.
G:\CC\RESO\3UP-96-36
Revised 4/9/97
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 1st
day of April , 1997, by the following vote to wit:
AYES: Councilmembers Daysog, DeWitt, Kerr, Lucas
and President Appezzato - 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 2nd day of April , 1997.
Diane e1sch, City Clerk
City of Alameda