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PLN18-0468 - 1525 Park Street - Applicant: Kelly Storms. Public hearing to consider a use permit for the operation of a cycling studio with extended hours of operation. The cycling studio will operate from 5 a.m. to 10 p.m. Monday through Sunday, where standard hours are between 7 a.m. and 10 p.m. The property is located within the C-C-T (Community Commercial, Theatre Combining) zoning district. Pursuant to Alameda Municipal Code Section 30-4.9A(c) athletic clubs and health facilities require the approval of a use permit to operate in the C-C-T district.
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CITY OF ALAMEDA
COMMUNITY DEVELOPMENT DEPARTMENT
ADMINISTRATIVE USE PERMIT
ITEM NO: 3-A
PROJECT
DESCRIPTION: PLN18-0468 - 1525 Park Street - Applicant: Kelly Storms. Public hearing to consider a use permit for the operation of a cycling studio with extended hours of operation. The cycling studio will operate from 5 a.m. to 10 p.m. Monday through Sunday, where standard hours are between 7 a.m. and 10 p.m. The property is located within the C-C-T (Community Commercial, Theatre Combining) zoning district. Pursuant to Alameda Municipal Code Section 30-4.9A(c) athletic clubs and health facilities require the approval of a use permit to operate in the C-C-T district.
GENERAL PLAN: Community Commercial
ZONING: C-C-T, Community Commercial, Theatre Combining
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 October 22, 2018, Kelly Storms submitted a use permit application to allow a cycling studio with extended hours of operation within the C-C-T zoning district. The facility will hold instructor-led classes during the hours of operation of 5 a.m. to 10 p.m. daily. The business is anticipating to have approximately ten (10) customers per session and five (5) sessions per day. The studio is approximately 1,600 square feet and will feature stationary bicycles in an open floor plan. The storefront will comprise of a reception desk, waiting area and fitness related retail sales. The project does not propose any exterior modifications to the building.
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 commercial property is located at 1525 Park Street and is designated a Community Commercial zoning district. The Community Commercial district emphasizes a variety of retail, restaurants, and personal service uses serving the Alameda community. Commercial uses such as the athletic facility are compatible with the pedestrian-oriented businesses in the Community Commercial district. It is also a compatible use with the surrounding restaurants and retail businesses as the cycle studio customer may patron the surrounding businesses. The facility will have amplified sound during cycling sessions but will keep doors closed during classes. The studio is required to comply with the City’s noise ordinance. The proposal does not involve 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 fitness gym proposal is fully developed and does not require additional service facilities. The proposal is an athletic facility that will serve customers from the surrounding neighborhood. The site is located on Park Street which is served by AC Transit bus routes 20, 51A, and O. The proposal will have one to two employees on site at a time. Most customers and employees are anticipated to bicycle to the business. A public parking garage for downtown businesses is located approximately two blocks from the project site. The applicant will also work with the City’s Public Works Department to contribute funds to provide additional bike racks for the commercial area. There are constraints on the public right-of-way that infeasible to provide bike racks directly adjacent to the business, including a fire hydrant, a curb cut that leads to a cross-walk, landscaping and street furniture. The applicant will also work with Public Works Department and Downtown Alameda Business Association on an appropriate locations for two (2) bike racks. Metered parking and public bicycle racks are available along the sidewalk of Park 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 athletic facility 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 use will benefit the district by bringing foot traffic to the site and by occupying a vacant retail space. The proposal does not involve design changes to the exterior of the building.
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 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 October 22, 2018, by Kelly Storms, 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. Building Permit Plans: The plans submitted for building permit shall be in substantial compliance with plans prepared by Kelly Storms, received on October 22, 2018 and on file in the office of the City of Alameda Planning, Building and Transportation Department, except as modified by the conditions listed in this letter. The project shall comply with all Building Code requirements.
4. Vesting: The Use Permit and Design Review approval shall expire two (2) years after the date of approval or by December 3, 2020 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.
5. Signs: The applicant must obtain a separate City Sign Permit before installing permanent business signage, including window signs.
6. Bicycle Racks: Prior to issuance of building permits the applicant shall coordinate with the City’s Public Works Department and the Downtown 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 pay an amount equivalent to the cost to purchase and install two (2) inverted-U style bike racks into the City’s bike rack fund. Prior to issuance of building permits the applicant shall provide two (2) long-term interior bike storage spaces to the satisfaction of the City’s Transportation Coordinator.
7. Storefront: 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.
8. Noise: The facility shall operate in compliance with the City of Alameda’s noise regulations pursuant to Alameda Municipal Code Article II, 4-10.
9. 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.
10. Planning Final Inspection: A site inspection to determine compliance with this Use Permit Approval is required prior to the final building inspection and/or to the issuance of a Certificate of Occupancy. The applicant shall notify the Planning, Building and Transportation Department at least four days prior to the requested Planning Inspection dates.
11. Lighting: New exterior lighting fixtures shall be low intensity, directed downward and shielded to minimize offsite glare.
12. Vesting: The Use Permit and Design Review approval shall expire two (2) years after the date of approval or by December 3, 2020 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.
13. 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.
14. 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 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: December 3, 2018___