Resolution 13173CITY OF ALAMEDA CITY COUNCIL
RESOLUTION NO. 1317 3
OVERTURNING THE PLANNING BOARD'S APPROVAL OF A USE PERMIT
TO OPERATE AN AUTO REPAIR FACILITY AT 1629 WEBSTER STREET, ALAMEDA
WHEREAS, an application was made on August 26, 1999, by Sam Koka requesting a Use
Permit, UP- 99 -33, to allow an auto repair use at 1629 Webster Street; and
WHEREAS, the application was accepted as complete on September 28, 1999; and
WHEREAS, the subject property is designated Community Commercial on the General Plan
Diagram; and
WHEREAS, the subject property is located in a C -2 (Central Business) Zoning District; and
WHEREAS, the auto repair use in the C -2 Zoning District requires a Use Permit pursuant
to Section 30 -4.9 9 (c) 1 of the Alameda Municipal Code; and
WHEREAS, the subject parcel is located within the boundaries of the Business and
Waterfront Improvement Project (BWIP) Area; and
WHEREAS, the Planning Board has been advised that, subject to meeting City standards and
requirements, the proposed use would conform to the adopted Community Improvement Plan (CIP)
for the Business and Waterfront Improvement Project (BWIP) and General Plan policies
incorporated by reference within the CIP; and
WHEREAS, the Planning Board approved a Use Permit to operate an auto repair facility, in
the December 13, 1999 Board meeting; and
WHEREAS, the item was called for review by the City Council on December 16, 1999; and
WHEREAS, the City Council held a public hearing on this application on January 18, 2000,
and has examined pertinent maps, drawings, and documents; and
WHEREAS, the City Council makes the following findings:
1. The project will not have significant adverse effects on persons or property in the
vicinity. This finding cannot be made for the following reasons:
a. The proposed auto repair facility has the potential to adversely affect the economic
revitalization of this portion of Webster Street. The proposed auto repair use would
not maximize the commercial potential for this parcel. Vacant parcels on the
adjacent corners of the intersection of Webster Street and Pacific Avenue are under
active consideration for development. The City is processing an application for
development of a restaurant at 1700 Webster Street. A new Elder Care facility is
under development at 1721 Webster Street. These development activities
demonstrate the potential for future use of this property more consistent with the
now changing character of Webster Street which is one of Alameda's two main street
retail areas. The proposed auto repair use is not consistent with these new uses.
b. The West Alameda Business Association (WABA) has been actively developing
plans for improvement of Webster Street overall. Their plans seek to reinforce the
pedestrian oriented character of the portion of the street to the south of the project
site and to have uses in this area which contribute to that character and serve as a
transition to the auto oriented uses to the north. WABA is in the process of
presenting these plans to the City for consideration. The proposed use is inconsistent
with these emerging plans.
c. The Economic Development Division of the City of Alameda recently applied for a
$2 million grant for a Webster Street Renaissance Project to revitalize Webster Street
as a community and transportation center. This capital grant application is the result
of a collaborative planning process between the community residents and businesses,
WABA, Community Improvement Commission, City Council, and local leaders to
realize this revitalization plan. The commitment is to create a West end downtown
destination.
d. The proposed use would result in a vacant portion of the parcel along Webster Street
which would be too small to effectively develop with a commercial building. This
adversely affects the orderly development of Webster Street area.
e. The existing building on this property is set back from the front of the parcel along
Webster Street. This interrupts the streetscape and does not fulfill Main Street
principles by providing continuous street facades adjacent to the sidewalk. Allowing
the requested use would perpetuate the existing building setback to the detriment of
Webster Street overall. This discourages the development of pedestrian traffic along
the Webster Street corridor.
2. The proposed use is compatible and will be served by adequate transportation and
service facilities. This finding can be made. There is ample parking proposed on site and
existing on the street; all utilities are provided. This location is on a bus route.
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. This finding cannot
be made. This area of Webster Street is currently in transition toward pedestrian oriented
uses. The proposed auto repair use is not a pedestrian oriented use and, would deter
pedestrian oriented commercial establishments from locating in this vicinity. The proposed
elimination of three curbcuts resulting in the exclusive use of the Western most driveway
curbcut along Pacific Avenue may adversely affect the residential uses to the east along
Pacific Avenue.
4. The proposed use relates favorably to the General Plan. This finding can be made. The
guiding policies of the General Plan states in Section 2.5a that we should "provide enough
retail business and services space to enable Alameda to realize its full retail salts potential."
NOW, THEREFORE, BE IT RESOLVED that the City Council overturns the Planning
Board's approval of Use Permit UP -9 -33 and denies the Use Permit for an auto repair facility at 1629
Webster Street.
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 in regular meeting assembled on
the 18th day of January , 2000, by the following vote to wit:
AYES: Councilmembers DeWitt, Johnson and Kerr - 3.
Mayor Appezzato - 5.
NOES: Vice Mayor Daysog and Mayor Appezzato - 2.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City
this 19th day of January 2000.
Diane Felsch, City 'Clerk
City of Alameda