PLANNING COMMISSION STAFF REPORT October 31, 2013

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1 N.V.W.T. N.V.W.T. R.R. STATE KANSAS CT CT ULLMAN Community Development Department Planning Division 1600 First Street + P.O. Box 660 Napa, CA (707) PLANNING COMMISSION STAFF REPORT October 31, 2013 AGENDA ITEM #6.A: UP IN-SHAPE PREVIEW CENTER I. GENERAL INFORMATION PROJECT SUMMARY: Use Permit for a health and fitness club within an existing building. LOCATION OF 459 Soscol Avenue PROPERTY: APN: GENERAL PLAN: ZONING: CC-533, Community Commercial MP-G3, Tulocay Place District APPLICANT: Sandra Stephenson Phone: (916) South El Dorado Street, 7 th Floor Stockton, CA STAFF PLANNER: Scott Klingbeil, Senior Planner Phone: (707) LOCATION MAP ST ST BROWN CROSS ERSIDE VALLEY WINE TRAIN R.R. OIL COMPANYRD SOUSA LN SILVERADO SAGE LIBERTY CAPITOLA WY TERRA VERDE WYATT ST ST RIVERSIDE ÊÚ SOSCOL STATE HWY NO 121 SARATOGA LUGO LN MALLARD MALLARD CT TERRACE SHURTLEF CT TRAIL AVE ADOBE LN (PVT) LECAIR CAYETANO CT TWIN CT CREEKS SO TERRACE TIBURON ST WILKINS BELVEDERE KANSAS KANSAS AVE SO NAPA VALLEY WINE TRAIN GASSER WILKINS CORONADO TER

2 In-Shape Preview Center # II. PROJECT DESCRIPTION Request for approval of a Use Permit to establish a health club within a 2,500 square foot portion of the existing building at 459 Soscol Avenue. This facility would operate as a sales and preview location for a future In-Shape health club proposed next to the Century Theatre on Hartle Court, which is currently in the entitlement process but has yet to be approved. The purpose of the preview center is to provide a business space to greet the public, recruit members, and introduce the In-Shape brand of fitness to Napa. This facility would allow new members to work out at this location, but is considered a temporary location until the new building is approved and completed. The applicant proposes to remodel and upgrade the existing building to accommodate the proposed use. Locker rooms and showers will not be provided at the facility. The health club will only use a 2,500 square foot portion of the building because substantial utility improvements (fire sprinklers) would be required if the building occupancy exceeds 50 persons. Hours of operation will be between 6am to 10pm Monday through Friday and 8am to 5 pm Saturday and Sunday III. PROJECT CONTEXT The property is located on the west side of Soscol Avenue, approximately 700 feet north of Silverado Trail. The building was most recently used for furniture sales. The health club will occupy approximately 2,500 square feet of the 7,978 square foot building. The remainder of the building will be used for storage. In addition to the existing building, the site contains a fully paved parking lot, including landscaping. Surrounding land uses include the Gasser Foundation office building to the south, a recreational vehicle sales lot to the north, the Toyota dealership to the east across Soscol Avenue, and vacant commercially zoned property to the west. IV. ANALYSIS A. GENERAL PLAN The property is located within the CC-533, Community Commercial General Plan designation, which provides for commercial areas serving the entire community, including retail and service uses. A health and fitness club provides a service for members of the community who desire to maintain a healthy lifestyle. Similarly, the health and fitness club provides a recreational opportunity for the local community. Therefore, staff believes the health club is a business intended to serve the daily needs of Napa residents consistent with the Community Commercial Designation. B. ZONING/USE PERMIT The property is located within the MP-G3:FP:TI, Tulocay Place: Flood Plain: Traffic Impact Overlay Zoning District, which provides for a broad range of community and neighborhood-serving retail and service uses. A health and fitness club provides a service for members of the community who desire to maintain a healthy lifestyle. Although the proposed office and retail aspects of the use are consistent with the intent of the Tulocay Place district, health clubs/gyms are conditionally permitted uses in this district. Use permits are required for certain businesses within this district to ensure they are compatible with surrounding uses. As the health club provides a needed service to

3 In-Shape Preview Center # the community, is conducted entirely inside an existing building and would be limited to relatively small classes, its use will be compatible with surrounding uses and would not cause any adverse impacts. With Planning Commission approval of a use permit, the health and fitness business would be consistent with the Tulocay Place Zoning District. The site is subject to the :FP, Floodplain Management Regulations, which require that the Floodplain Administrator review all on-site improvements. The proposed modifications to the building have been designed in accordance with the requirements for non-residential construction in the floodplain zone. The Floodplain Administrator has reviewed the proposed plans and has determined that the proposed improvements are consistent with City policy and standards. The site is also subject to the :TI, Traffic Impact Overlay regulations, which limit the traffic intensity of uses adjacent to specific "crucial corridors" and establish development standards designed to minimize traffic conflicts. The Public Works Department has reviewed the proposed change in occupancy and determined that the use complies with the provisions of the :TI Overlay. C. PARKING Per the Municipal Code, the 2,500 square foot gym use would require 10 parking spaces based on the ratio of 1 space per every 250 square feet of building. In addition, the remaining 5,500 square feet of building would require an additional 22 parking spaces based on the 1/250 s.f. ratio for a total of 32 parking spaces. The existing parking lot provides approximately 80 spaces, which is more than adequate to serve the proposed use. D. DESIGN REVIEW The applicant is not proposing any significant changes in the exterior of the building. The applicant will be removing an existing awning and constructing a new arbor over the main entrance. The majority of the improvements will be made to the interior of the building. None of the proposed exterior improvements rises to the level of requiring Design Review approval. E. SIGNS Sign approval is not proposed with this application and will be subject to separate review and permit. V. ENVIRONMENTAL REVIEW Staff has determined that this project is exempt from the requirements of CEQA pursuant to Section (Categorical Exemptions; Class 3) of the Guidelines, which exempts a change of use within an existing building. VI. PUBLIC NOTICE Notice of the public hearing was provided by US Postal Service on October 18, 2013 to all property owners within a 500-foot radius of the subject property. Notice of the public

4 In-Shape Preview Center # hearing was also published in the Napa Valley Register on October 18, 2013 and provided to interested parties previously requesting notice on the matter at the same time notice was provided to the newspaper for publication. Legal notice included a general explanation of the matter to be considered and any related permits, identification of the location of the property involved where site specific, a description of the date, time and place of the public hearing, the identity of the hearing body, and a statement consistent with the Code of Civil Procedure regarding the time limit to commence any legal challenge and matters that may be raised by such challenge. VII. REQUIRED FINDINGS Prior to approving a use permit for the health club, the Planning Commission must make the following findings pursuant to Section of the Zoning Ordinance: 1. The proposed use is in accord with the General Plan, applicable specific plans, the objectives of the Zoning Ordinance and the purposes of the district and overlay district in which the site is located. The proposed fitness center is consistent with the Mixed Use (MU) General Plan designation, the goal of which is to functionally integrate a mix of retail, commercial, office and possible light manufacturing uses. The health club provides a service for members of the community who desire to maintain a healthy lifestyle. Similarly, the health and fitness club provides a recreational opportunity for the local community. The proposed health club business intended to provide a creative mix of uses consistent with the Mixed Use General Plan Designation. 2. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity, or to the general welfare of the City. The health and fitness club will not cause any negative impacts to the neighborhood in which it is proposed as the majority of the use will be conducted entirely within a building. The project will not result in significant traffic or noise impacts. As conditioned, this use will not result in any impacts that would be detrimental to the public health, safety, or welfare. 3. The proposed use complies with each of the applicable provisions of the Zoning Ordinance. Health clubs may be established in the MP-G3, Tulocay Place Zoning District with approval of a Use Permit. With approval of a Use Permit to establish a health club, the proposed use will be in compliance with the provisions of the Zoning Ordinance. VIII. STAFF RECOMMENDATION Staff recommends approval of a use permit to establish a preview center for a fitness club located at 459 Soscol Avenue, with the recommended conditions.

5 In-Shape Preview Center # IX. ALTERNATIVES TO RECOMMENDATION 1. Continue the application with direction for project modifications. 2. Direct staff to return to the Planning Commission with a resolution documenting findings from the record of the hearing to support denial of the proposed project. X. RECOMMEDED ACTIONS Final actions by the Planning Commission: 1. Adopt a resolution approving a use permit for In-Shape Fitness preview center at 459 Soscol Avenue. XI. DOCUMENTS ATTACHED 1. Location Map and Aerial Photo 2. Project Description, Site Plan and Floor Plan 3. Draft Resolution Prepared by: Scott Klingbeil Senior Planner c: Applicant

6 RESOLUTION NO. PC A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NAPA, STATE OF CALIFORNIA, APPROVING A USE PERMIT FOR IN-SHAPE HEALTH CLUB AT 459 SOSCOL AVENUE WHEREAS, Sandra Stephenson submitted a use permit application for a health club and preview center (the Project ) within a 2,500 square foot portion of the existing building at 459 Soscol Avenue (APN: ); and WHEREAS, the Planning Commission of the City of Napa, State of California, held a noticed public hearing on October 31, 2013 on the subject application. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Napa as follows: Section 1. The Planning Commission hereby determines that the Project described in the Staff Report presented to the Planning Commission at their October 31, 2013 meeting is exempt from the requirements of CEQA pursuant to Section of the CEQA Guidelines (Categorical Exemptions; Class 3), which exempts the change in use within an existing building. Section 2. The Planning Commission makes the following findings in support of approval of a use permit for a health club and preview center: 1. The proposed use is in accord with the General Plan, applicable specific plans, the objectives of the Zoning Ordinance and the purposes of the district and overlay district in which the site is located. The proposed fitness center is consistent with the Mixed Use (MU) General Plan designation of which the goal is to functionally integrate a mix of retail, commercial, office and possible light manufacturing uses. The health club provides a service for members of the community who desire to maintain a healthy lifestyle. Similarly, the health and fitness club provides a recreational opportunity for the local community. The proposed health club business intends to provide a creative mix of uses consistent with the Mixed Use General Plan Designation. 2. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity, or to the general welfare of the City. The health and fitness club will not cause any negative impacts to the neighborhood in which it is proposed as the majority of the use will be conducted entirely within a building. The project will not result in significant traffic or noise impacts. As conditioned, this use Resolution No. PC

7 will not result in any impacts that would be detrimental to the public health, safety, or welfare. 3. The proposed use complies with each of the applicable provisions of the Zoning Ordinance. Health clubs may be established in the MP-G3, Tulocay Place Zoning District with approval of a Use Permit. With approval of a Use Permit to establish a health club, the proposed use will be in compliance with the provisions of the Zoning Ordinance. Section 3. The Planning Commission hereby approves the use permit for a health club and preview center subject to the following conditions: Community Development Department Planning Division: 1. This use permit approval permits a health and fitness club and preview center within a 2,500 square feet portion of the building located at 459 Soscol Avenue. Hours of operation will be between 6am to 10pm Monday through Friday and 8am to 5 pm Saturday and Sunday. 2. All business activities shall be conducted entirely indoors. No classes or training of any kind shall be conducted in the parking lot. 3. If in the future, more intensive uses that require additional building square footage, the appropriate utility improvements shall be provided to address the potential change in building occupancy. 4. The plans submitted for building permits shall conform substantially to the plans and representations submitted with the application and as reviewed and approved by the Planning Commission. 5. Building permit issuance shall be subject to all other department and/or agency requirements and standards, including, but not limited to: the Building Division, Public Works Department, Development Engineering Division, Fire Prevention Division, Water Division, Napa Sanitation District, the Napa Housing Authority, the Napa Valley Unified School District, Napa Community Resources, and Napa County Environmental Management. Fire Department: 6. Fire Department plan review shall be based on the information submitted at the time of permit application. Any changes to the approved/permitted scope of work including additions, alterations, demolition, repair and/or change in occupancy/use may impact the project requirements, including but not limited to the requirement for fire sprinklers. Resolution No. PC Page 2 of 6

8 7. Plans and calculations for all fire protection systems and features shall be submitted and approved prior to the issuance of a building permit. 8. Per the City of Napa Municipal Code, the installation of an automatic fire sprinkler system will be required when a proposed new occupancy classification is more hazardous than the original occupancy. If the building occupancy changes from a B or M occupancy to an A-3 occupancy, the change will require the installation of an automatic fire sprinkler system. 9. Fire Department connections shall be located not more than 100 ft from the nearest fire hydrant connected to an approved water supply. 10. New buildings and additions to existing buildings shall conform to requirements set forth in the currently adopted editions of the California Building Code, California Fire Code, adopted City Standards and nationally recognized standards. Please note: See CFC for exit doorway separation distance requirements. Napa Sanitation Department: 11. A plan showing the required sanitary sewer improvements conforming to NSD standards shall be submitted to the District for approval. 12. No floor drains are allowed in the building except in the restroom and food service areas. Any existing floor drains shall be permanently abandoned. 13. The proposed development would be subject to the following fees, based on the rates in effect at the time they are paid: a. Plan Check Fees (presently $40.00 per lot) b. Inspection Fees (presently $35.00 per each 4" public lateral and $35.00 per each 4" private lateral) c. Capacity Charges (presently a minimum of $8, per each commercial unit/tenant space, located within the proposed building. The capacity charge may be higher depending on the number of fixture units installed within each commercial unit/tenant space. The owner shall contact the District for additional information.) 14. The District has updated sanitary sewer and recycled water standard specifications and details. The updated specifications and details are available online at the District's website ( The District may revise the standard specifications and details at any time. It is the responsibility of the engineer, contractor, and developer to verify that they are in possession of the current version of the standards prior to design and construction of sanitary sewer and recycled water improvements. Resolution No. PC Page 3 of 6

9 General: 15. Exterior signage is subject to separate review and approval. Consistent with the City s Sign Ordinance, no portable (e.g. A-frames) signs are permitted. 16. Outdoor speakers are not permitted as a part of this approval. 17. No use authorized by this permit may commence until after the Applicant executes any required permit agreement. 18. Construction activities shall be limited to specific times pursuant to NMC which limits construction activities to 7:00 a.m. to 7:00 p.m., Monday through Friday and 8:00 a.m. to 7:00 p.m. on weekends or legal holidays, unless a permit is first secured from the City Manager (or his/her designee) for additional hours. The ordinance further states that there will be: no startup of machines nor equipment prior to 8:00 a.m., Monday through Friday; no delivery of materials nor equipment prior to 7:30 a.m. nor equipment past 6:00 p.m., Monday through Friday; no servicing of equipment past 6:45 p.m., Monday through Friday. 19. Unless otherwise specifically provided, each condition of this approval shall be satisfied prior to issuance of a building permit, or if a building permit is not required, prior to the commencement of use; however, in the event the subject approval is for a tentative subdivision map or parcel map, each condition shall be satisfied prior to final map approval. Applicant s (and land owner, if different) execution of the City s improvement agreement with required security may be accepted in lieu of condition completion. 20. Applicant shall pay all applicable fees and charges at the required time and at the rate in effect at time of payment (in accordance with the City s Master Fee Schedule; see individual departments regarding the timing of fee payment requirements). 21. Applicant shall design and construct all improvements and facilities shown on any approved tentative map, site plan, or other documents submitted for permit approval, and with the plans and specifications submitted to and approved by the City, to comply with the General Plan, any applicable Specific Plan, the Napa Municipal Code (NMC), City ordinances and resolutions, the "Standard Specifications" of the Public Works and Fire Departments, as well as any approved tentative map, site plan or other documents submitted for permit approval and with the plans and specifications submitted to and approved by City. 22. The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section of the Code of Civil Procedure, unless a shorter limitations period is specified by any other provision. Under Section , any lawsuit or legal challenge to any quasi- Resolution No. PC Page 4 of 6

10 adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. 23. To the full extent permitted by law, the Applicant shall indemnify, defend, release and hold City, its agents, officers, and employees from and against any claims, suits, liabilities, actions, damages, penalties or causes of action by any person, including Applicant, for any injury (including death) or damage to person or property or to set aside, attack, void or annul any actions of City, its agents, officers and employees, from any cause whatsoever in whole or in part arising out of or in connection with (1) the processing, conditioning or approval of the subject property; (2) any failure to comply with all applicable laws and regulations; or (3) the design, installation or operation of project improvements and regardless whether the actions or omissions are alleged to be caused by City or Applicant so long as City promptly notifies Applicant of any such claim, etc., and the City cooperates in the defense of same. 24. If the Applicant is not the owner of the subject property, all agreements required to be executed by the City must be executed by the Owner(s) as well as the Applicant. 25. The conditions of project approval set forth herein include certain fees, dedication requirements, reservation requirements and other exactions. Pursuant to Government Code Section 66020(d)(1), these conditions constitute written notice of the statement of the amount of such fees and a description of the dedications, reservations, and other exactions. You are hereby notified that the 90-day period in which you may protest those fees, the amount of which has been identified herein, dedications, reservations and other exactions have begun. If you fail to file a protest complying with all the requirements of Section 66020, you will be legally barred from later challenging such exaction. 26. Violation of any term, condition, mitigation measure or project description relating to this approval is unlawful, prohibited and a violation of the Napa Municipal Code and can result in revocation or modification of this approval and/or the institution of civil and/or criminal enforcement and/or abatement proceedings. 27. Project approval would not have been granted but for the applicability and validity of each and every one of the specified mitigations and conditions, and if any one or more of such conditions and mitigations is found to be invalid by a court of law, this project approval would not have been granted without requiring other valid conditions and/or mitigations consistent with achieving the purpose and intent of such approval. 28. This Use Permit approval shall expire 2 years from the date of approval unless a building permit has been issued and construction has been diligently pursued, and/or the use has been commenced or an extension is secured by the Planning Division prior to the expiration date. Resolution No. PC Page 5 of 6

11 29. All conditions of approval shall be printed verbatim on one of the first three pages of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing) and shall be referenced in the sheet index. The minimum font size utilized for printed text shall be 12 point. 30. Approval of this permit will be effective, provided no appeals are received within 10 calendar days of the Planning Commission meeting date of October 31, I HEREBY CERTIFY that the foregoing resolution was duly and regularly adopted by the Planning Commission of the City of Napa at a regular meeting of said Planning Commission held on the 31 st day of October, 2013 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: SECRETARY OF THE PLANNING COMMISSION Resolution No. PC Page 6 of 6