Title
PLN19-0349 - Administrative Use Permit - 1537 Webster Street - Applicant: Chelsea N. Burgo for Tatami Fit. Public hearing to consider a use permit to allow the operation of a martial art and fitness center occupying an approximately 1,437-square-foot ground floor commercial space within the C-C Community Commercial Zoning District. Pursuant to Alameda Municipal Code Section 30-4.9A.c, martial arts studios and similar uses require a use permit.
Body
CITY OF ALAMEDA
PLANNING, BUILDING & TRANSPORTATION DEPARTMENT
ADMINISTRATIVE USE PERMIT
ITEM NO: 3-A
PROJECT
DESCRIPTION: PLN19-0349 - Administrative Use Permit - 1537 Webster Street - Applicant: Chelsea N. Burgo for Tatami Fit. Public hearing to consider a use permit to allow the operation of a martial art and fitness center occupying an approximately 1,437-square-foot ground floor commercial space within the C-C Community Commercial Zoning District. Pursuant to Alameda Municipal Code Section 30-4.9A.c, martial arts studios and similar uses require a use permit.
GENERAL PLAN: Community Commercial
ZONING: C-C, Community Commercial
ENVIRONMENTAL
DETERMINATION: Categorically Exempt from State CEQA Guidelines, Section 15301 - Existing Facilities.
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. Plans
RECOMMENDATION: Approve the project with conditions.
PROPOSAL SUMMARY:
On July 25, 2019 the applicant submitted an application to expand an existing martial arts studio into a ground floor unit, approximately 1,437 square feet in size, within the Webster Street C-C (Community Commercial) Zoning District. Per Alameda Municipal Code (AMC) Section 30-4.9A.c, martial arts studios require a use permit. The studio will conduct group classes in Jiu-Jitsu, Judo, self-defense and personal fitness from 4:00 PM to 8:00 PM, Monday through Saturday. The applicant anticipates classes ranging between 5 and 10 students. Personal one-on-one instruction will also be conducted by appointment only between 7:00 AM to 10:00 PM, Monday through Saturday.
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 at 1537 Webster Street is located within the Webster Street Business District. Historically, this block has been used for a wide range of commercial uses, including retail, personal service, and eateries. This expanded business will occupy a commercial space that previously housed showrooms for automotive dealers and lighting retailers. A martial arts studio will be compatible with the existing uses because it will attract new customers from the larger community to Webster Street, which emphasizes pedestrian oriented retail and personal service uses on the ground floor.
2. The proposed use will be served by adequate transportation and service facilities, including pedestrian, bicycle and transit facilities.
The property is already fully developed and does not require additional service facilities. It is served by AC Transit bus routes O, 20, and 51A. Metered parking is available and public bicycle racks are located on the sidewalk throughout Webster Street. A City owned public parking lot is located approximately 475 feet away on Haight Avenue.
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 use would be a beneficial addition to the Webster Street Business District. The type of business proposed does not directly compete with the existing businesses for customers. The project will not adversely affect neighboring uses because it will not generate excessive noise, traffic, light, or parking demands.
4. The proposed use relates favorably to the General Plan.
The property is designated as Community Commercial on the General Plan Diagram and Zoning Map. A martial arts studio is consistent with the General Plan Guiding Policies for retail business and services. General Plan Policy 2.5b, establishes revitalization of the historic shopping districts as a priority. The addition of this facility will provide a service for Alameda residents both citywide and in neighboring residential districts and will complement retail and restaurant uses by increasing street activity.
1. Compliance with Plans. Any modification on this site shall be in substantial compliance with the Use Permit application prepared by Chelsea N. Burgo date-stamped received July 25, 2019, 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. Noise: Amplified music shall be directed inward and no amplified music or sound shall be permitted that would be audible outside the business. All activities shall comply with the City of Alameda’s Noise Ordinance, AMC Section 4-10.
4. 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.
5. Vesting: The Use Permit approval shall expire two (2) years after the date of approval or by August 26, 2021 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.
6. 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.
7. 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 operation, permitting and leasing of existing private structures involving negligible or no expansion of use beyond that which exists.
Use Permit and Design Review
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: August 26, 2019___