Resolution 14054CITY OF ALAMEDA RESOLUTION NO., 14054
UPHOLDING THE PLANNING BOARD'S APPROVAL OF USE
PERMIT UP06- 0016, ALLOWING THE OPERATION OF A
HEALTH STUDIO AT 2215B SOUTH SHORE CENTER
WHEREAS, an application was made on September 11, 2006, by 24 Hour
Fitness Corporation requesting Use Permits to allow operation of a Fit -Lite fitness
center at 2215B South Shore Drive; and
WHEREAS, the applications were accepted as complete on September22,
2006; and
WHEREAS, the subject property is designated as Community Commercial
on the General Plan Diagram; and
WHEREAS, the subject property is located in a C -2 -PD, Central Business
District Planned Development Combining Zoning District; and
WHEREAS, businesses that are located in C -2 zoning districts and that
include activities that fall under the definition of a "health studio" require a Use
Permit, pursuant to AMC Section 30- 4.9(c)(7)(b); and
WHEREAS, the Planning Board held a public hearing on this application on
November 13, 2006 and approved the issuance of the Use Permit; and
WHEREAS, as a petition of appeal was made on November 22, 2006; and
WHEREAS, the City Council held a public hearing on this application on
January 2, 2007 and has made the following findings, pursuant to the
requirements of Section 30- 21.3(b) of the Alameda Municipal Code, concerning
the Use Permit application:
Finding 1: The proposed use relates favorably with the General
Plan.
Policy 2.5.e of the General Plan states that the City should "maintain full -
service shopping centers serving all sectors of the City." Policy 2.5.d of the
General Plan states that the City should "Encourage continuing
improvements to the South Shore Center and other shopping centers."
Allowing Fit -Lite to operate within the existing retail space in the Towne
Centre shopping center is consistent with the General Plans vision of a
continually improving regional shopping center. The proposed Health
Studio will provide Alameda residents with an easily accessible fitness
center within close proximity to the Alameda Hospital, assisted living
facilities, and other population centers.
Finding 2: The location of the proposed use is compatible with
other land uses in the general neighborhood area [AMC
§30- 21.3(b)(1)].
The project is located in an existing shopping center. The shopping center
includes a broad range of retail stores, restaurants and other commercial
businesses.
Finding 3: The proposed use will be served by adequate
transportation and service facilities [AMC §30- 21.3(b)(2)].
Fit -Lite will be operating in an existing retail space in the shopping center.
Significant additional traffic is not anticipated from the use of the existing
space. Two AC Transit bus stops are located within the shopping center.
The opening of this fitness center will not affect peak hour traffic volumes or
require additional services.
Finding 4: The proposed use, if it complies with all conditions, upon
which approval is made contingent, will not adversely
affect other property in the vicinity [AMC §30- 21.3(b)(3)].
Fit - Lite's use of the existing space will not be an intensification of use
Project design and location minimizes or eliminates potential noise impacts
that could otherwise adversely affect neighboring uses.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City
of Alameda hereby determines current application entails a minor to an existing
structure and pursuant to Sections 15301 of the California Environmental Quality
Act Guidelines (CEQA), this project is exempt from further environmental review.
BE IT FURTHER RESOLVED THAT the City Council of the City of Alameda
hereby approves Use Permit UP06 -0016 to allow the operation of a health studio,
subject to the following conditions:
1. VESTING. The Use Permit approvals shall expire two (2) years after the
date of approval or by January 2, 2009, whichever is later, unless all of the
above conditions have been met to the satisfaction of the Planning and
Building Director prior to the date of expiration or, alternatively, an
extension request is filed and approved by the City Council prior to the date
of expiration.
2. Code Compliance. All improvements shall conform to the Alameda
Municipal Code.
3. Compliance with Laws. The applicant shall comply with all federal, state
and local laws and shall file with relevant federal, state and local agencies
for required permits. The applicant shall comply with all conditions of such
permits. Material violation, of any of those laws in connection with the use
will be cause for revocation of the Use Permit. All required Federal, State,
regional, and local permits shall be obtained prior to occupancy.
4 Limit on Intensity of Use The applicant shall not serve more than 36
customers at a time. Furthermore the applicant shall not have more than 5
employees on a particular shift.
5. Limitation of Location. The Use Permit approval is limited to the location
and 2,100 square foot area shown on project plans prepared by Harold J.
Havens, consisting of 3 sheets, received 11 September 2006 and on file in
the office of the City of Alameda Planning and Building Department.
6. HOLD HARMLESS The City, of Alameda requires as a condition of this
approval that the applicant, or its successors in interest, defend, indemnify,
and hold harmless the City of Alameda or its agents, officers, and
emploYees from any claim, action, or proceeding against the City or its
agents, officers, and employees to attack, set aside, void, or annul, an
approval of the, City concerning the subject property. The City of Alameda
shall notify the applicant of any claim, action or proceeding and the City
shall cooperate in the defense. If the City fails to notify the applicant of any
claim, action, or proceeding, or the City fails to cooperate in the defense,
the applicant shall not thereafter be responsible to defend, indemnify, or
hold harmless the City
7. Acknowledgement of Conditions. The applicant shall acknowledge in
writing all of the conditions of approval and must accept this permit subject
to those conditions and with full awareness of the applicable provisions of
Chapter 30 of the Alameda Municipal Code in order for this approval to be
exercised.
NOTICE. 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 or any final action on any appeal, plus
extensions authorized by California Code of Civil Procedure Section 1094.6.
* **
I, the undersigned, hereby certify that the foregoing Resolution was duly and
regularly adopted and passed by the Council of the City of Alameda during the Regular
Meeting of the City Council on the 2nd day of January 2007, by the following vote to wit:
AYES: Councilmembers deHaan, Gilmore, Matarrese, Tam
and Mayor Johnson - 5.
NOES:. None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of
said City this 3rd day of January, 2007.
Lara Weisiger, City CIer
City of Alameda