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Resolution 13337CITY OF ALAMEDA RESOLUTION NO. 13337 APPROVING THE APPEAL OF PATRICIA KINZEL, AND OVERTURNING THE PLANNING BOARD'S APPROVAL OF USE PERMIT, UP00 -26 FOR 1310 CENTRAL AVENUE WHEREAS, an application was made on October 13, 2000, by Nissan Saidian & Leon Zektser of 1310 Central Avenue, requesting a Use Peimit, UP00 -26,` to allow extending the hours of operation at the existing legal nonconforming service station facility at 1310 Central Avenue; and WHEREAS, the application was accepted as complete on November 10, 2000; 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 -21.3 of the Alameda Municipal Code; and WHEREAS, the Board held a public hearing on this application on April 9, 2001, and examined pertinent maps, drawings, documents and approved the application; and WHEREAS, on April 17, 2001, Patricia Kinzel filed a timely appeal with the City requesting that the City Council conduct an appeal hearing on May 15, 2001; and WHEREAS, on May 15, 2001, 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 appellants' appeal as set out in Attachment 1 to the staff report, which attachment is hereby incorporated by reference, and finds that there is merit in the bases of appeal; and WHEREAS, the City Council of the City of Alameda makes the following findings with respect to the appellant's bases of appeal and relative to the Use Permit application for extending the hours of operation for the fuel sales use at the Alameda Gas Station property: The location of the proposed use is not compatible with other land uses in the area because extending the hours of operation for the existing nonconforming gas station would amplify the incompatibility of the station with the surrounding residential neighborhood by increasing the impacts, associated with the gas station use, on the residential uses in the District. 2. The proposed use is compatible and will be served by adequate transportation and service facilities because the proposed use is surrounded by two main arterial streets. The AC Transit bus line number 50 runs along Encinal Avenue and Central Avenue. Between the three streets that intersect in front of this property, there are ten sides of the street along which to park, where it necessary. 3. The proposed use will adversely affect other property in the vicinity because the extension of the hours of operation, to include peak a.m. and p.m commute hours would constitute an intensification of use. The Alameda Municipal Code, Section 30 -20.3 requires that no nonconforming use shall be enlarged or expanded unless it is changed to conform to the regulations specific to the zone. The expansion in hours of operation would increase the impacts of traffic and noise and would increase incompatibility with the surrounding neighborhood. The proposed use does not relate favorably to the General Plan. The proposed use is not consistent with the General Plan. The existing use is the same or less intensive than the use legally established prior to the existing zoning and General Plan land use designation, but the proposed modification to the use would conflict with General Plan Policy 2.4h "Control nonresidential development on sites adjoining residential neighborhoods to minimize nuisances." The expansion in hours of operation would constitute an intensification of use that would be incompatible with the neighborhood. NOW, THEREFORE, BE IT RESOLVED that the City Council finds that the project is Categorically Exempt from the California Environmental Quality Act, under Section 15301 of the CEQA Guidelines, Existing Facilities; and NOW THEREFORE BE IT RESOLVED that the City Council approves the appeal and overturns the Planning Board's approval of Use Permit, UP00 -26. 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. C: \WPDOCS\DATA \55UP0026.AP2 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 a regular meeting assembled on the 15th day of May, 2001, by the following vote to wit:` AYES: Councilmembers Daysog, Johnson, Kerr and Mayor Appezzato - 4. NOES: Councilmember DeWitt - ABSENT: None. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 16th day of May, 2001. Diane Felsch, City Clerk City of Alameda