Title
PLN23-0011; Consideration of a Conditional Use Permit to modify an existing approval to host rental events at 561 Lafayette Avenue. Zoning District: RS, Residential Single Family; and a determination that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant CEQA Guidelines Section 15301; Alameda County Assessor’s Parcel Number 075-0178-01; Alta Mira Club (applicant and property owner).
Staffreport
SUMMARY AND RECOMMENDATIONS
The applicant and property owner, the Alta Mira Club, is requesting a Conditional Use Permit to allow an increase in the frequency of rental events allowed under an existing approval (ZA 90-1). The applicant’s existing approval allows the rental of the subject property for events, such as receptions, meals, meetings and lectures, musical performances, and art or cultural shows. Staff recommends updating and clarifying existing conditions of approval that limit potential impacts to the surrounding neighborhood and support ongoing compliance.
Staff recommends that the Board of Zoning Adjustments adopt Resolution 2023-XX, approving the Conditional Use Permit (PLN23-0011) based on the Findings of Fact and subject to the Conditions of Approval.
BACKGROUND AND PREVIOUS ACTIONS
The subject site is a 0.44-acre property located at 561 Lafayette Avenue, at the intersection of Lafayette and Leo Avenues. The subject site is zoned RS, Residential Single Family, and is surrounded primarily by single family residences generally dating from the 1920s, 1930s, and 1940s.
The subject site contains a 6,547 square foot Spanish Colonial-style building built in 1860, known as the Peralta House. The Peralta House is a California Registered Historical Landmark and is listed on the National Register of Historic Places. The Alta Mira Club, a local non-profit organization engaging in civic, educational, and social welfare activities, purchased the property in 1926 and has owned the property since that time.
In 1990, the Alta Mira Club obtained approval (ZA 90-1, see Attachment 2) from the Board of Zoning Adjustments to allow the rental of the Peralta House for the following types of events:
• Receptions, including weddings, anniversaries, and similar occasions
• Breakfasts, brunches, luncheons and dinners
• Meetings and lectures
• Musical performances or art or cultural shows or events, including bazaars or similar fund-raising events.
The Zoning Code requires approval of a Conditional Use Permit from the Board of Zoning Adjustments for assembly uses in the RS Zoning District, in accordance with the requirements of Zoning Code Section 2.04.212.B. As such, the Alta Mira Club’s proposal to modify its operations requires consideration of a Conditional Use Permit by the Board of Zoning Adjustments.
PROPOSAL
The Alta Mira Club is requesting a new Conditional Use Permit to allow for an increase in the frequency of rental events at the Peralta House allowed under approval ZA 90-1. Under its existing 1990 approval, the Alta Mira Club may host up to four non-Alta Mira Club events per month for a rental fee. The Alta Mira Club is requesting an increase in the number of rental events in a month to 20 total events. The Alta Mira Club relies on rental fees from these events to pay for the maintenance of the Peralta House. The applicant indicates that the cost of maintaining the Peralta House has increased over time relative to the Alta Mira Club’s income and the club would like to host more rental events to allow it to continue to appropriately maintain the historic property.
STAFF ANALYSIS
The applicant obtained its original approval prior to the establishment of Zoning Code Section 2.04.212.B, which permits assembly uses in the RS zone subject to the approval of a Conditional Use Permit. The proposed increase in the number of events necessitates the approval of a new Conditional Use Permit per Zoning Code Section 5.08.040.A.
The original approval imposed conditions addressing issues that could negatively impact the surrounding neighborhood, including parking, noise, and trash. Although the frequency of events would increase under the applicant’s proposal, conditions of approval regarding parking, noise and trash would continue to limit negative impacts to the surrounding neighborhood. Staff proposes several modifications to the existing conditions of approval to support compliance, including:
• While on-street parking is allowed, facility rental agreements will acknowledge the neighborhood’s concern about parking and encourage renters to utilize the public parking lot at Lafayette and Peralta Avenues, one block from the Peralta House.
• Rather than specifying a decibel limit or prescribe means of reducing noise, rental events must comply with the City’s noise ordinance.
• Hours during which events occur, including set up and clean up, have been clarified.
As a result, staff believes the proposed updated conditions of approval are clearer and more enforceable than the conditions applied under the 1990 approval.
GENERAL PLAN CONFORMITY
The proposal is consistent with City of San Leandro General Plan goals, policies, and actions and will help provide needed funding to maintain an important historic resource. Conditions applied to the approval will ensure compatibility with the neighborhood and minimize the impacts of traffic and noise. The proposal is consistent with the following General Plan goals, policies, and actions.
Historic Preservation and Community Design Element Policy CD-1.9: Maintenance and Rehabilitation. Strongly encourage the maintenance and upkeep of historic properties to avoid the need for costly rehabilitation and demolition.
Demolition should only be allowed if the City determines that it is necessary to protect health, safety, and welfare, and that the structure has no reasonable
economic use.
Land Use Element Policy LU-1.12 Encroachment of Incompatible Uses. Protect residential neighborhoods from the impacts of incompatible non-residential uses and disruptive traffic, to the extent possible. Zoning and design review should ensure that compatibility issues are fully addressed when non-residential development is proposed near or within residential areas.
Environmental Hazards Element Action EH-7.5.A: Conditions of Approval When approving development or issuing conditional use permits, establish conditions of approval (including construction hours and operating hours) that minimize the potential for noise impacts on nearby properties.
Environmental Hazards Element Policy EH-7.8 Responding to Noise Problems. Continue to respond promptly and effectively to local noise complaints and noise problems, enforcing City codes and ordinances as necessary to ensure that a peaceful environment is maintained.
REQUIRED FINDINGS
In order to approve the proposed Conditional Use Permit, the Board of Zoning Adjustments must make the findings of fact provided by Section 5.08.124.A of the Zoning Code:
1. That the proposed location of the use is in accord with the objectives of the Zoning Code and the purposes of the district in which the site is located.
The historic Peralta House has been used by the Alta Mira Club to host private and community events for decades and its operating characteristics are compatible with the surrounding single-family neighborhood. The building predates the neighborhood by several decades and serves as a community center that benefits the community. The property is located a block from a large public parking lot, reducing the use of on-street parking. The increase in the number of rental events would assist in supporting the increasing cost of maintaining the historic property and would therefore be consistent with General Plan Historic Preservation and Community Design Element Policy CD-1.9, which strongly encourages the maintenance and upkeep of historic properties.
2. That the proposed location of the use and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan; will not be detrimental to the public health, safety or welfare of persons residing, or working in, or adjacent to, the neighborhood of such use; and will not be detrimental to properties or improvements in the vicinity, or to the general welfare of the city.
This application is for the modification of an existing and ongoing assembly use. Recommended conditions would promote compatibility between rental events hosted by the Alta Mira Club and the surrounding neighborhood. These include hours of operation, compliance with the noise ordinance, and collecting litter in the area after each rental event.
3. That the proposed use will comply with the provisions of this Code, including any specific condition required for the proposed use in the district in which it would be located.
Assembly uses at the site will be subject to compliance with all City codes and with all conditions applied as part of this Conditional Use Permit.
4. That the proposed use will not create adverse impacts on traffic or create demands exceeding the capacity of public services and facilities, which cannot be mitigated.
The proposal is a continuation of the existing use, but with an increase in the number of rental events allowed each month. The conditions of approval would limit negative noise, parking, and litter impacts to the surrounding neighborhood.
PUBLIC OUTREACH
A notice of public hearing was published for this project in the East Bay Times Daily Review newspaper, at City Hall and on the property, and by mail to property owners within 500 feet of the subject property. This item received standard noticing for the September 7, 2023, Board of Zoning Adjustments hearing.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15301, Existing Facilities, because it involves a negligible expansion to an existing use. The use would be accommodated within an existing building that can accommodate the use without changes to the site or building.
RECOMMENDATION
The use, as conditioned, conforms to the City Zoning Code and the General Plan. Any potential issues associated with the application will be addressed by the implementation of the recommended Conditions of Approval. Staff therefore recommends that the Board of Zoning Adjustments adopt Resolution 2023-XX, approving a Conditional Use Permit to modify an existing approval to host rental events at 561 Lafayette Avenue, PLN23-0011, based on the Findings of Fact and subject to the Conditions of Approval.
ATTACHMENTS
1. Draft BZA Resolution 2023-XX with Recommended Findings of Fact and Conditions of Approval
2. Original Conditions of Approval, ZA-90-1
PREPARED BY:
Cindy Lemaire, AICP, Senior Planner
Planning Division