Title
PLN19-0108 - Use Permit - 2247 South Shore Center - Applicant: Total Woman Gym and Spa. Public hearing to consider a use permit to allow extended hours of operation at an existing health facility within the South Shore Shopping Center. The health facility will operate from 5:00 a.m. to 10:00 p.m. daily, where standard hours are between 7:00 a.m. to 10:00 p.m. The property is located within the C-2-PD (Central Business - Planned Development Combining) zoning district. Pursuant to Alameda Municipal Code Section 30-4.8, permitted uses that do business between the hours of 10:00 p.m. and 7:00 a.m. require the approval of a use permit. This project is categorically exempt from the California Environmental Quality Act (CEQA) Section 15301 - Existing Facilities
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CITY OF ALAMEDA
PLANNING, BUILDING AND TRANSPORTATION DEPARTMENT
ADMINISTRATIVE USE PERMIT
ITEM NO: 3-B
PROJECT
DESCRIPTION: PLN19-0108 - 2247 South Shore Center - Applicant: Total Woman Gym and Spa. Public hearing to consider a use permit to allow extended hours of operation at an existing health facility within the South Shore Shopping Center. The health facility will operate from 5:00 a.m. to 10:00 p.m. daily, where standard hours are between 7:00 a.m. to 10:00 p.m. daily. The property is located within the C-2-PD (Central Business - Planned Development Combining) zoning district. Pursuant to Alameda Municipal Code Section 30-4.8, permitted uses that do business between the hours of 10:00 p.m. and 7:00 a.m. require the approval of a use permit.
GENERAL PLAN: Community Commercial
ZONING: C-2-PD, Central Business - Planned Development Combining District
ENVIRONMENTAL
DETERMINATION: Categorically Exempt from State CEQA Guidelines, Sections 15301 - permitting use of existing structures that involves negligible expansion of existing use.
PROJECT PLANNER: Linda Barrera, Planner II
PUBLIC NOTICE: A notice for this hearing was mailed to property owners and residents within 300 feet of the site, published in local newspapers and posted in public areas near the subject property. Staff has not received any public comments on this proposed project.
EXHIBITS: 1. Plans
RECOMMENDATION: Approve the project with conditions.
PROPOSAL SUMMARY:
On March 19, 2019, Total Woman Gym and Spa submitted a use permit application to permit extended hours of operation at an existing health facility within the South Shore Shopping Center. Currently, the healthy facility operates from 7:00 a.m. to 10 p.m. daily. The proposed hours of operation will allow the health facility to operate from 5:00 a.m. to 10:00 p.m. daily. Pursuant to Alameda Municipal Code Section 30-4.8, permitted uses in the C-2-PD, Central Business - Planned Development Combining zoning district that do business between the hours of 10:00 p.m. and 7:00 a.m. require the approval of a use permit.
USE PERMIT FINDINGS:
1. The location of the proposed use is compatible with other land uses in the general neighborhood area, and the project design and size is architecturally, aesthetically, and operationally harmonious with the community and surrounding development. The existing health facility is located on the northeast corner of the South Shore Shopping Center facing the parking lot and is adjacent to a retail use. The shopping center is designated Central Business - Planned Development Combining zoning district. The Central Business district emphasizes a variety of retail businesses and personal service uses serving the Alameda community. Personal service uses such as the existing health facility are compatible with the pedestrian-oriented businesses in the shopping center. The facility has operated harmoniously within the South Shore Shopping Center since 2012. The proposal to open the facility two hour earlier than the current opening time, at 5:00 a.m. instead of 7:00 a.m., will not adversely affect other businesses at the shopping center which open at or after 7:00 a.m. The proposal does not involve design changes to the exterior of the building.
2. The proposed use will be served by adequate transportation and service facilities, including pedestrian, bicycle and transit facilities. The location of the existing health facility is fully developed and does not require additional service facilities. The South Shore Shopping Center has ample surface parking and the facility’s main entrance is adjacent to the exiting parking lot. The site is located at the corner of Park Street and Otis Drive which is serviced by AC Transit bus routes 20, 314, 356, 663, and W.
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 and will not have substantial deleterious effects on existing business districts or the local economy. The existing health facility’s additional hours of operation will not affect the surrounding properties, hurt existing business districts or the local economy. The proposed hours of operation from 5:00 a.m. to 10:00 p.m. daily will not have a major impact on the existing use of the site and the health facility is consistent with the pedestrian-oriented commercial uses that make up the Central Business - Planned Development district.
4. The proposed use relates favorably to the General Plan. The Community Commercial designation includes uses such as “small retail stores, department stores, motels, automobile sales and service, and offices, depending on location.” The athletic facility will provide a low intensity use compatible with the Community Commercial General Plan designation. The proposal is consistent with the General Plan because the proposed use would not have any negative impacts upon the surrounding properties and commercial businesses. General Plan Policy 2.5.a calls for providing enough retail business and services to provide Alameda residents with a full range of services.
1. Compliance with Plans. Any modification on this site shall be in substantial compliance with the use permit application submittal dated March 19, 2019, by Total Woman Gym & Spa, on file in the City of Alameda Planning, Building and Transportation Department, except as modified by the conditions listed in this report.
2. Changes to Approved Plans: This approval is limited to the scope of the project defined in the project description and does not represent a recognition and/or approval of any work completed without required City permits. Any changes to the approved scope of the project shall be submitted to the Planning, Building and Transportation Department for review and approval.
3. Revocation: This Use Permit may be modified or revoked by the Zoning Administrator, pursuant to Alameda Municipal Code Section 30-21.3d should the Zoning Administrator determine that: 1) the use 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; 2) the property is operated or maintained so as to constitute a public nuisance; or 3) the use is operated in violation of the conditions of the Use Permit.
4. Indemnification. The Applicant shall defend (with counsel reasonably acceptable to the City), indemnify, and hold harmless the City of Alameda, the Alameda City Planning Board and their respective agents, officers, and employees from any claim, action, or proceeding (including legal costs and attorney’s fees) against the City of Alameda, Alameda City Planning Board, and their respective agents, officers, or employees to attack, set aside, void or annul, an approval by the City of Alameda, the Planning, Building, and Transportation Department, Alameda City Planning Board, the City of or City Council related to this project. The City shall promptly notify the Applicant of any claim, action, or proceeding and the City shall cooperate in such defense. The City may elect, in its sole discretion, to participate in the defense of said claim, action, or proceeding. 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
Environmental Determination
The Zoning Administrator has determined that this project qualifies for a Class 1 Categorical Exemption and no additional environmental review is necessary pursuant to CEQA Guidelines Section 15301 - Existing Facilities because the project consists of permitting of existing private structures involving negligible or no expansion of use beyond that which exists.
Use Permit
The Zoning Administrator hereby approves the Use Permit with conditions.
The decision of the Zoning Administrator shall be final unless appealed to the Planning Board, in writing and within ten (10) days of the decision.
Approved by: Date: May 6, 2019___
Allen Tai, Zoning Administrator