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PLN16-0433 - 1526 Webster Street - Dre Sherril for Tapout Fitness: A public hearing to consider an Administrative Use Permit to operate a 24-hour fitness center in an existing 6,700 square foot tenant space. The property is located within the C-C (Community Commercial) zoning district where athletic clubs and business operations occurring between 10:00 p.m. and 7:00 a.m. require use permit approval. This project is categorically exempt from the California Environmental Quality Act (CEQA) per Section 15301 - permitting use of existing structures that involves negligible expansion of existing use.
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CITY OF ALAMEDA
COMMUNITY DEVELOPMENT DEPARTMENT
ADMINISTRATIVE USE PERMIT
ITEM NO: 3-A
PROJECT
DESCRIPTION: PLN16-0433 - 1526 Webster Street - Dre Sherril for Tapout Fitness: A public hearing to consider an Administrative Use Permit to operate a 24-hour fitness center in an existing 6,700 square foot tenant space. The property is located within the C-C (Community Commercial) zoning district where athletic clubs and business operations occurring between 10:00 p.m. and 7:00 a.m. require use permit approval. This project is categorically exempt from the California Environmental Quality Act (CEQA) per Section 15301 - permitting use of existing structures that involves negligible expansion of existing use.
GENERAL PLAN: Community Commercial
ZONING: C-C, Community Commercial
PROJECT PLANNER: David Sablan, 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. Project Plans
RECOMMENDATION: Approve the project with conditions.
PROPOSAL SUMMARY:
The proposal is a use permit to allow a fitness gym with apparel and supplement retail sales and extended hours of operation. The facility will provide a private gym with exercise equipment, personal training services and group fitness classes for customers that purchase a gym membership. The retail center will be located in the front of the facility along the storefront and will sell apparel, vitamins, sports nutrition supplements, and health related items. The gym will have a total of five to seven employees working in shifts of two to three employees. The applicant requests approval to allow 24 hour operation of the business, and members would be required to use a keycard issued with membership to enter the building between the hours of 10:00pm and 7:00am.
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 commercial property is located at 1526 Webster Street and is designated as Community Commercial. The Community Commercial district emphasizes a variety of retail, restaurants, and personal service uses serving the Alameda community. The surrounding properties are also within the Community Commercial district and contain commercial businesses. Commercial uses such as the fitness gym are compatible with the pedestrian-oriented businesses in the Community Commercial district. The proposal does not involve design changes to the exterior of the building. The proposed fitness gym is compatible with neighboring commercial uses in the area.
2. The proposed use will be served by adequate transportation and service facilities, including pedestrian, bicycle and transit facilities.
The location of the fitness gym proposal is fully developed and does not require additional service facilities. The proposal is a fitness gym for pedestrian-oriented customers from the surrounding neighborhood. The site is located on Webster Street which is served by AC Transit bus routes 20, 51A, 314, 851, O, and W. The proposal will have two to three employees on site at a time. The applicant will also work with the City’s Public Works Department and the West Alameda Business Association to either install new bike racks or contribute funds to provide additional bike racks for the commercial area. Metered parking and public bike racks are available along the sidewalk of Webster Street.
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 proposed fitness gym will not affect the surrounding properties, hurt existing business districts or the local economy. The proposed use is a low-intensity use that is consistent with the pedestrian-oriented commercial uses that make up the Community Commercial district. The proposed business activity will occupy an existing vacant retail space. There will not be any exterior amplified sound, and access to the gym during extended hours will be restricted to existing members of the fitness club.
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 proposed fitness gym use 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. The proposed fitness center will be the only one on Webster Street, and it will expand the portfolio of commercial services in this business district.
1. Compliance with Plans. Any modification on this site shall be in substantial compliance with the use permit application submittal dated September 1, 2016, by Robert L. Cooley, on file in the City of Alameda Community Development 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 Community Development Department for review and approval.
3. Vesting: The Use Permit approval shall expire two (2) years after the date of approval or by September, 27, 2018 unless authorized construction or use of the property has commenced. The applicant may apply for a time extension, not to exceed two (2) years. An extension request will be subject to approval by the Zoning Administrator and must be filed prior to the date of expiration.
4. Signs: The applicant must obtain a separate City Sign Permit before installing permanent business signage, including window signs.
5. Bicycle Racks: Prior to issuance of building permits the applicant shall coordinate with the City’s Public Works Department and the West Alameda Business Association on appropriate locations for two (2) bike racks. Prior to the issuance of a Certificate of Occupancy for the subject business, the applicant shall either install two (2) inverted-U style bicycle racks in an agreed upon location, or pay equivalent amount into the City’s bike rack fund.
6. Retail Storefront: The apparel and supplement retail sales area of the business shall be located along the Webster Street store front of the facility. The business shall maintain a transparent storefront presence consistent with the C-C zoning district goal to maintain pedestrian-oriented establishments. The storefront windows and doors shall not be obscured during business hours with privacy tint film, closed blinds or curtains, or other visual barrier.
7. Waste, Recycling, and Composting: The establishment shall recycle cans or bottles that are subject to the State of California Container Deposit Law and comply with all local, state, and regional laws requiring source-separation of waste material for recycling and composting.
8. 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.
9. 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 Community Development 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 the operation of an 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: September 27, 2016___
Andrew Thomas
Zoning Administrator