Community Development Department Planning Division 1600 First Street + P.O. Box 660 Napa, CA (707)

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1 Community Development Department Planning Division 1600 First Street + P.O. Box 660 Napa, CA (707) PLANNING COMMISSION STAFF REPORT July 7, 2016 AGENDA ITEM #6.C. PL HEXA PERSONAL TRAINING I. GENERAL INFORMATION PROJECT SUMMARY: LOCATION OF PROPERTY: GENERAL PLAN: ZONING: Use Permit to allow a gym within an existing commercial building Soscol Avenue APN CC-482, Community Commercial CC: FP SC TI, Community Commercial Base Zone: Floodplain, Soscol Corridor, Traffic Impact Overlay Zones APPLICANT: Trevor McLaughlin 3200 Pear Tree Lane, #252 Napa, CA Phone: (707) STAFF PLANNER: Emi Thériault, Assistant Planner Phone: (707) LOCATION MAP SITE 1

2 1834 Soscol Avenue # II. PROJECT DESCRIPTION The Applicant is requesting approval of a Use Permit to operate a gym (personal training facility) at the property located at 1834 Soscol Avenue. The use would provide appointment based personal training from 7:00 am to 7:00 pm Monday through Friday and 7:00 am to 1:00 pm on Saturdays. No operation would occur on Sunday. The maximum number of clients would be 6 persons at one time with up to 15 clients per day total. One full time and one part time employee would operate the training center. With the exception of a window sign, allowed according to the Sign Ordinance, no exterior alterations to the existing commercial building facilities are proposed in conjunction with the proposal. III. PROJECT CONTEXT The subject property is located on a flag lot surrounded by industrial/commercial buildings and located between Soscol Avenue and Jordan Lane. The 1,589 square foot individual tenant space is within a large commercial building located onsite. Although, the property is located within both the Floodplain zoning overlay and the Floodway, which could trigger specific design considerations for a new or expanded development, no building expansion is proposed in conjunction with the proposed permit. Previous use(s) on this site have included administrative and health care offices, manufacturing, and a dance studio. Other tenant spaces within the building include a mixture of light industrial and commercial uses. IV. ANALYSIS A. GENERAL PLAN The subject property is designated CC-482, Community Commercial, in the General Plan, which provides for commercial areas serving multiple neighborhoods or the entire community, including retail and service uses, restaurants, banks, entertainment, and offices. The proposed gym use is consistent with the Community Commercial designation provided a use permit is approved as required by the Zoning Ordinance, and supported by the following policies. Land Use policy LU 8.2 directs the City to promote the renovation and reuse of existing buildings in the downtown and mixed use areas. The property is developed with a commercial building with multiple tenant spaces that are vacant/underutilized and the tenant space as well as the general site development are surrounded by light industrial, service commercial and office related uses. The proposed use is consistent with this policy as it involves reuse of an existing tenant space. Economic Development policy ED-1.1 calls for full and efficient utilization of vacant and underutilized parcels with the intent to expand industrial and commercial facilities. The proposed use will help fulfill this policy in that it will increase the effective commercial and revenue-generating aspect of an underutilized commercial site. In addition, the site is identified in the General Plan as being within the Soscol Planning Area which is highly constrained by potential flooding because new development 2

3 1834 Soscol Avenue # triggers the requirement to meet high cost flood mitigation standards, there has been very little new investment in the older stock of industrial and other uses located in this area. The issuance of a use permit would allow a long-term tenant at this location and invite investment associated with a use that provides a needed health-based service to surround office developments and their employees as well as to the community in general. The proposed use would be compatible with uses that are recognized for this area in the General Plan. B. Code Compliance 1. Zoning. Land Use. The subject property is located in the CC, Community Commercial, District, which implements the Community Commercial land use category of the General Plan. This zoning district allows a broad range of community-serving commercial uses including retail and service uses in addition to restaurants, banks, entertainment and office uses. FIGURE 1 - SITE PLAN Hexa Human Performance Tenant Space Parking. The proposed use does not increase parking demand beyond that previously associated for the site as previous uses associated with the tenant space have included a dance studio, administrative and health care offices, and manufacturing uses. Further, there is sufficient parking in the area to accommodate the proposed use. 2. Sign Ordinance. 3

4 1834 Soscol Avenue # The proposed window sign is the only sign proposed by the Applicant. Pursuant to Napa Municipal Code Section , Permitted Signs, (Sign Ordinance), the window sign is allowed without a permit. However, if additional signs are requested in the future, a sign plan permit may be required and the associated review conducted by the Commission or staff, as required by the Sign Ordinance. 3. Noise Regulations. Often with a use permit request for a more intense type of gym (e.g. one where large group classes are held and amplified music is provided as part of the experience), a condition of approval is applied requiring the Applicant to install sound attenuation measures. The intent of this condition is to reduce overspill of noise (noise pollution) to nearby uses and residential development located adjacent to the business proposed location. The proposed gym is intended for individual training and the site location is entirely within a commercial area, therefore, no special conditions applicable to sound attenuation are recommended. The use will still be subject to standard Noise Ordinance requirements (pursuant to NMC 8.08 and ) which require the business to limit noise to specified levels and time periods. C. DESIGN REVIEW The regulatory framework under which the proposed use falls within the Soscol Corridor area include the Soscol Corridor Design Guidelines document and the Zoning Ordinance Design Review permit requirements. These are described below as they relate to the proposed use. 1. The Soscol Corridor Design Guidelines were developed to promote the creation of a memorable Gateway boulevard... The design guidelines are intended to encourage the aesthetic and welcoming appearance of the City for residents and tourists as they enter Napa. However, no exterior alterations to the existing building or modifications to the parking lot are proposed in conjunction with the proposed use. The following design guideline apply to the proposed project: Section III.E.1-4 Signs; limiting the number of signs is encouraged to reduced sign clutter; sharing sign panels to advertise multiple tenants is strongly encouraged. The proposed tenant improvements include one window sign and no additional signage is requested. 2. The Zoning Code includes requirements for design review, where applicable, pursuant to NMC Section The tenant improvements, as proposed, do not trigger a requirement for a design review permit. G. ENVIRONMENTAL REVIEW Staff has determined that this project is exempt from the requirements of CEQA pursuant to Section of the CEQA Guidelines (Categorical Exemptions; Class 1), which exempts use of and minor alterations to an existing facility. 4

5 1834 Soscol Avenue # V. REQUIRED FINDINGS The Planning Commission s approval of the Use Permit is subject to required findings set forth in NMC Section These findings are provided in the draft resolution attached to this Staff Report. As provided in this report, the proposed use is consistent with the applicable General Plan land use designation and Zoning Ordinance requirements and applicable City plans. VI. STAFF RECOMMENDATION Based on the information provided by the Applicant and the length of time tenant spaces associated with the building have been vacant, Staff recommends approval of the Use Permit to allow a gym use at this location. VII. ALTERNATIVES TO RECOMMENDATION 1. Continue the application with direction for 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. VIII. NOTICE Notice of the public hearing was provided by US Postal Service on June 22, 2016 to all property owners within a 500-foot radius of the subject property. Notice of the public hearing was also published in the Napa Valley Register on June 24, 2016 and provided to people previously requesting notice on this 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. The Applicant, Authorized Agent and Property Owner were also provided a copy of the report and attachments prior to the meeting. IX. REQUIRED ACTIONS Final action by the Planning Commission: 1. Adopt a resolution approving a Use Permit authorizing a gym (personal training) use for 1834 Soscol Avenue. X. DOCUMENTS ATTACHED 1. Draft Resolution 2. Project Description submitted on March 11, 2016 and addendum submitted May 11,

6 1834 Soscol Avenue # Site and Floor Plans and photos submitted on March 11, 2016 with addendum submitted May 11,

7 ATTACHMENT 1 RESOLUTION NO. PC2016- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NAPA, STATE OF CALIFORNIA, APPROVING A USE PERMIT AUTHORIZING A GYM (PERSONAL TRAINING) USE FOR 1834 SOSCOL AVENUE (APN )( PL ) WHEREAS, on March 11, 2016 Trevor McLauglin ( Applicant ) submitted an application for a Use Permit to allow a gym (personal training) use within the CC, Community Commercial Zoning District at 1834 Soscol Avenue ( the Project ); and WHEREAS, on May 11, 2016, Mr. McLaughlin submitted a revised application to provide application completion materials required by the Building and Planning Divisions; and WHEREAS, the Planning Commission of the City of Napa, State of California, held a noticed public hearing on July 7, 2016 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 is exempt from the requirements of CEQA pursuant to Section of the CEQA Guidelines (Categorical Exemptions; Class 1), which exempts use of and minor alterations to an existing facility. Section 2. The Planning Commission makes the following findings in support of approval of a Use Permit for a gym (personal training) use: 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 gym (personal training) use is a permissible use within the CC-482, Community Commercial, General Plan designation and the CC, Community Commercial, zoning district which allows a gym use with the approval of a Use Permit. 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 proposed gym use utilizing an existing commercial tenant space, as conditioned, will not result in any impacts that would be detrimental to the public health, safety or welfare of the community. Resolution No. PC2016-7

8 ATTACHMENT 1 3. The proposed use complies with each of the applicable provisions of the Zoning Ordinance. The operation of a gym (personal training) use is allowed in the Community Commercial District with Use Permit approval. The proposed use does not trigger Zoning Ordinance considerations with respect to commercial building design as no modifications to the existing building are proposed. The existing site is conforming with respect to parking and similar uses have been in place in the past at this location. As conditioned, the proposed use will create no expansion to onsite parking demand and will therefore comply with applicable provisions of the City s Zoning Ordinance. Section 3. The Planning Commission hereby approves the Use Permit for gym (personal training) use subject to the following conditions: Community Development Department Planning Division: 1. This Use Permit approval shall permit the operation of a gym (personal training) use for appointment-based personal training from 7:00 am to 7:00 pm Monday through Friday and 7:00 am to 1:00 pm on Saturdays. No operation may occur on Sunday. The maximum number of clients shall be 6 persons at one time with up to 15 clients per day total. One full time and one part time employee may operate the training center. 2. All business signage shall be subject to a separate review and approval. No banner signs or other temporary signs shall be installed without prior approval of a sign permit as required by code. 3. Consistent with the City s Sign Ordinance, no portable (e.g. A-frame, portable, rotating, flashing, animated, moving or having the appearance of moving, inflatable) signs are permitted. 4. The use shall comply with all requirements applicable to noise including but not limited to Napa Municipal Code ( NMC ) Sections 8.08 and This approval is for a gym with a personal training emphasis and therefore is anticipated to incur limited parking demand, noise and related impacts. In the event the Applicant chooses to update his business plan or to transfer the business to another fitness-based business interest, the new business shall comply with the limitations set forth in this permit or the business owner shall submit a request for an amendment to the use permit prior to operation of the expanded operation. General: 6. 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. Resolution No. PC2016- Page 2 of 4 8

9 ATTACHMENT 1 7. 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). 8. 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. 9. 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 quasiadjudicative 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. 10. 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. 11. Violation of any term, condition, 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. 12. Project approval would not have been granted but for the applicability and validity of each and every one of the specified conditions, and if any one or more of such conditions is found to be invalid by a court of law, this project approval would not have been granted without requiring other valid conditions consistent with achieving the purpose and intent of such approval. Resolution No. PC2016- Page 3 of 4 9

10 ATTACHMENT This Use Permit approval shall expire 2 years from the date of approval unless the use has been commenced or an extension is secured by the Planning Division prior to the expiration date. 14. Approval of this permit will be effective, provided no appeals are received within 10 calendar days of the Planning Commission meeting date of July 7, I HEREBY CERTIFY that the foregoing resolution was duly and regularly adopted by the Planning Commission of the City of Napa at a special meeting of said Planning Commission held on the 7 th day of July, 2016 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: SECRETARY OF THE PLANNING COMMISSION Resolution No. PC2016- Page 4 of 4 10

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