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Record of Proceedings

Planning Board Meeting - September 23, 2024: Use Permit Approved for Preschool at 3100 Central Avenue

Planning Board — Monday, September 23, 2024
BodyAlameda, California
SessionPlanning Board
DateMonday, September 23, 2024
StatusFILED
Video Record
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Transcript — Verbatim
0:00

23rd, 2024.

0:02

I am President C Sonetos or the Planning Board, and I'm calling to order this meeting at 701.

0:11

So with that, let's go ahead and kick off with the flag salute.

0:15

Board Member Ruiz, can you lead us?

0:17

Please stand up.

0:20

I plan to agents the flag of the United States of America and to the Republic for which he stands.

0:28

One nation undergone indivisible liberty and justice law.

0:38

All right.

0:39

We're going to move to agenda item number one roll call.

0:44

Yes, uh, good evening.

0:46

Um board member Ruiz.

0:49

Yeah.

0:49

Board member Hom.

0:51

Here.

0:52

Board Member Sue.

0:53

Here.

0:53

Board Member Wang.

0:55

Here.

0:56

Board Member Sahaiba.

0:58

Present.

0:59

And uh President Cisneros.

1:01

Here.

1:02

Okay, so we have a quorum.

1:03

Uh Board Member Ariza is absent tonight.

1:07

Okay, noted.

1:09

Um, great.

1:10

And we're gonna go ahead and go to agenda changes.

1:14

Agenda item number two.

1:17

Um, does anyone on the board or staff oppose any changes?

1:24

If I'm seeing no requests, we could go ahead and move on to agenda item three, non-agenda public comments.

1:33

And before we um start with that, um, I have a statement here where I'd like for the public to adhere to and listen to.

1:47

The city welcomes speakers providing public comment, but please be advised that this is a limited public forum.

1:55

As such, speakers must stay on topic if speaking to a particular agenda item, and if speaking during non-agenda public comment, they must address the matters within the subject matter jurisdiction of the city.

2:11

If speakers fail to follow these rules, they will be warned.

2:17

And if they continue to disregard the rules, their opportunity to speak will be ended.

2:26

So with that, we'll go ahead and open it up for non-agenda public comments.

2:31

Do we have any speakers?

2:33

So far, I have two non-agenda speakers.

2:38

Okay.

2:40

First, we have Shelby Sheehan.

2:51

Hi there.

2:52

So I'm sure you're aware of our sequence petition.

2:55

I believe I sent a copy of it to each of you.

2:57

Um, and I'm gonna speak uh a little bit about that, but also in general.

3:01

Um this board is responsible for enforcing the land use regulations in Alameda.

3:08

You're a quasi-judicial body, and your um your approvals are legally binding.

3:14

So it's a big deal, and you have a job to make sure that um projects follow the zoning code.

3:21

I have been here uh before the board at least a dozen dozen times over the last three years.

3:26

Each time I informed you that no projects at Alameda Point are exempt from CEQA.

3:32

Each time I informed you that all projects at Alameda Point need a certificate of approval.

3:38

Each time I begged you not to listen to city staffers because they were lying to you, and I even provided you with public comments with the applicable zoning code so that you would have them right in front of you during the presentations so that you would know what the application zoning codes were.

3:54

But each time, instead of reading the zoning code and enforcing the zoning code properly, you ask the city staffer what the zoning code is and if this complies, and they say yes, and you believe them.

4:07

That is not an independent evaluation.

4:10

Your job is to make an independent evaluation by knowing and enforcing the zoning code.

4:17

Now, that's applicable here because the reason we had to file a SQL lawsuit is because you did not follow the zoning code again.

4:26

The certificate of approval process is part of CEQA, it's part of the requirements to evaluate impacts to historic resources.

4:34

It should be done for every project at Alameda Point.

4:38

The application materials for this project said it needed what?

4:42

You guys approve the development plan without the certificate of approval.

4:46

You need the certificate of approval first because the certificate of approval is started as part of CEQA.

Discussion Breakdown — Share of Meeting
Traffic Safety████████████████████20%
Land Use Policy██████████████14%
Procedural█████████████13%
Public Comment████████████12%
Public Safety███████████11%
Education████████8%
Community Engagement██████6%
Environmental Protection████4%
Public Engagement███3%
Summary of Proceedings

Planning Board Meeting - September 23, 2024

The Alameda Planning Board met on Monday, September 23, 2024, at 7:01 PM in Council Chambers at City Hall. The Board conducted a de novo hearing on a call for review of a Zoning Administrator's approval of a use permit for a preschool at 3100 Central Avenue, heard public comment, and ultimately approved the use permit with conditions. The meeting also included consent calendar approval, staff communications, and board communications.

Consent Calendar

  • Approved the draft meeting minutes from September 9, 2024, unanimously.

Public Comments & Testimony

  • Shelby Sheehan (non-agenda): Accused the Board of failing to independently enforce the zoning code and CEQA at Alameda Point, stating that no projects there are CEQA-exempt and that the Board improperly relied on staff assertions. Claimed the city is conducting a "smear campaign" against her and that a food bank project was wrongly approved.
  • Todd Hickman (non-agenda): Criticized Board President Cisneros for attempting to limit public comment, asserting the Board is accountable to citizens. Accused the city of illegal behavior and urged the Board to fulfill its responsibilities.
  • Public Comment on Item 5-A (3100 Central Avenue): Over 20 speakers addressed the Board, with approximately equal numbers for and against the project. Opponents raised concerns about traffic safety on Central Avenue (a high-injury corridor), parking availability, noise from outdoor play areas, the intensity of use compared to the previous church use, and the need for additional CEQA review. Supporters emphasized the critical need for childcare in the East End, the applicant's strong track record at three other Alameda locations, and the proposed staggered drop-off/pick-up system to mitigate congestion. Several speakers requested third-party traffic and noise studies.

Discussion Items

  • PLN24-0280 – 3100 Central Avenue – Use Permit: Staff presented the project: conversion of an existing church building (previously hosting a small preschool) into a full-time preschool for up to 50 children (ages 0-6) with 6 staff, operating 7 AM–6 PM. The applicant proposed an appointment-based drop-off system, removal of a non-conforming driveway to add one on-street parking space, and installation of a 4-foot fence. Staff recommended approval under CEQA exemptions 15301 (existing facilities) and 15303 (small structures/fencing). The Board questioned staff and the applicant on traffic patterns, accident history, noise impacts, fencing design, parking, and CEQA findings. The city attorney clarified the Board's discretion regarding the negligible expansion of use for CEQA purposes.
  • Board Deliberation: Board members discussed conditions to address neighborhood concerns: limiting outdoor children to 14 (consistent with by-right large family daycare), pulling the fence back to the building line on Fountain Street, relocating bike parking outside the fence, and exploring a loading zone with Public Works. A one-year compliance review condition was proposed. Board member Hom noted that a broader safety improvement project for Central Avenue is already underway. President Cisneros moved to request additional third-party studies, but the motion lacked a second and failed.

Key Outcomes

  • Approved (5-1): The use permit for a 50-child preschool at 3100 Central Avenue was approved with the following conditions:
    • Maximum of 14 children outdoors at any one time.
    • Remove the proposed fence along Fountain Street to align with the building face; relocate bike parking outside of any fence.
    • Work with the Public Works Department to evaluate a potential loading zone (white curb) near the new curb cut.
    • One-year review of compliance with conditions by the Board.
    • CEQA exemptions adopted under Sections 15301 and 15303.
  • President Cisneros voted no, citing a preference for additional independent studies.
  • The decision is appealable to the City Council within 10 days.

Staff Communications

  • The Planning, Building and Transportation Department reported three administrative approvals (appeal period open), and provided an oral update on the Radium Performing Arts Center subcommittee, noting positive progress on design refinements.

Board Communications

  • Board members expressed appreciation for outgoing Board President Hom's leadership over the past year.

Meeting Transcript

23rd, 2024. I am President C Sonetos or the Planning Board, and I'm calling to order this meeting at 701. So with that, let's go ahead and kick off with the flag salute. Board Member Ruiz, can you lead us? Please stand up. I plan to agents the flag of the United States of America and to the Republic for which he stands. One nation undergone indivisible liberty and justice law. All right. We're going to move to agenda item number one roll call. Yes, uh, good evening. Um board member Ruiz. Yeah. Board member Hom. Here. Board Member Sue. Here. Board Member Wang. Here. Board Member Sahaiba. Present. And uh President Cisneros. Here. Okay, so we have a quorum. Uh Board Member Ariza is absent tonight. Okay, noted. Um, great. And we're gonna go ahead and go to agenda changes. Agenda item number two. Um, does anyone on the board or staff oppose any changes? If I'm seeing no requests, we could go ahead and move on to agenda item three, non-agenda public comments. And before we um start with that, um, I have a statement here where I'd like for the public to adhere to and listen to. The city welcomes speakers providing public comment, but please be advised that this is a limited public forum. As such, speakers must stay on topic if speaking to a particular agenda item, and if speaking during non-agenda public comment, they must address the matters within the subject matter jurisdiction of the city. If speakers fail to follow these rules, they will be warned. And if they continue to disregard the rules, their opportunity to speak will be ended. So with that, we'll go ahead and open it up for non-agenda public comments. Do we have any speakers? So far, I have two non-agenda speakers. Okay. First, we have Shelby Sheehan. Hi there. So I'm sure you're aware of our sequence petition. I believe I sent a copy of it to each of you. Um, and I'm gonna speak uh a little bit about that, but also in general. Um this board is responsible for enforcing the land use regulations in Alameda. You're a quasi-judicial body, and your um your approvals are legally binding. So it's a big deal, and you have a job to make sure that um projects follow the zoning code. I have been here uh before the board at least a dozen dozen times over the last three years. Each time I informed you that no projects at Alameda Point are exempt from CEQA. Each time I informed you that all projects at Alameda Point need a certificate of approval.

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