PC RES 2002-028.5P.C. RESOLUTION NO. 2002-28.5
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES APPROVING, WITH CONDITIONS,
REVISION "B" TO CONDITIONAL USE PERMIT NO. 206 (CASE NO.
ZON2002-00342), THEREBY ALLOWING A PILATES BASED
HEALTH/FITNESS STUDIO TO BE LOCATED WITHIN UNIT #229 IN
THE GOLDEN COVE SHOPPING CENTER LOCATED AT 31244
PALOS VERDES DRIVE WEST.
WHEREAS, on October 12, 1999, the Planning Commission adopted Resolution No. 99-
39 making certain environmental findings in association with Mitigated Negative Declaration /
Environmental Assessment No. 711, and adopted Resolution No 99-40 approving, with,
conditions, Conditional use Permit No 206, Grading No 2135, and Variance No. 446 for the
construction of a 12,600 square -foot addition to an existing 77,5000 square foot shopping
center, for extenor fagade improvements, and for 1,220 cubic yards of associated grading and a
Joint Use Parking Program, and,
WHEREAS, on April 24, 2001, the Planning Commission approved Revision "A" to
Conditional Use Permit No 206 allowing the construction of a 27,700 square -foot educational
(Montessori) school to replace the existing market space on the north side of the lot.
WHEREAS, on July 5, 2002, the applicant, Mrs Ofelia Tabarez, submitted an
application for a revision to the existing Conditional Use Permit for the Golden Cove shopping
center (Case No. ZON2002-00342), requesting approval for a Pilates based health/fitness
studio to be located within the Commercial Neighborhood district The studio is proposed to
occupy unit #229 on the second floor of the mixed-use office/retail building on the subject site,
and,
WHEREAS, on September 4, 2002, Staff deemed the applications generally complete
for processing, and,
WHEREAS, pursuant to the provisions of the California Environmental Quality Act,
Public Resources Code Sections 21000 et seq (" CEQA" ), the State's CEQA Guidelines,
California Code of Regulations, Title 14, Section 15000 et. seq , the City's Local CEQA
Guidelines, and Government Code Section 659625(f) (Hazardous Waste and Substances
Statement), Staff found the submitted Conditional Use Permit application (Case No 2002-
00342) to be within the scope of the previously approved project as analyzed in a Mitigated
Negative Declaration for the Golden Cove Shopping Center, and,
WHEREAS, after notice issued pursuant to the requirements of the Ranchos Palos
Verdes Development Code, the Planning Commission held a duly noticed public hearing on
October 22, 2002, at which time all interested parties were given an opportunity to be heard and
present evidence.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS'
Section 1: That the approved project is a Pilates based health/fitness studio located
in Unit #229 at the Golden Cove shopping complex located at 31244 Palos Verdes Drive West.
PC Resolution No 2002-28 5
Page 1 of 3
Section 2: That the subject site is adequate in size and shape to accommodate such
the proposed use and related activities. The size of the unit will provide enough space to house
a fitness studio/exercise room and the services provided within With the proposed 5-10
students per class to attend, there is adequate enough space for persons and staff to use the
Pilates studio In addition, there are usable and sufficient bathroom and access areas located
within the building for the public to use Further, based on the information provided by the
applicant, the proposed use will not increase the demand for parking for the center. When
looking at the information provided and based on health club or spa use parking requirements in
the City's Development Code, with 5-10 students per class five times a day, the demand for
parking will not increase for certain hours of the day Therefore, the use of the studio and the
number of available stalls for weekday and weekend classes is a non -issue, as there is a
sufficient amount of spaces for the specified use Thus, the site is adequate in size and shape
for the proposed use
Section 3• That, according to the traffic study prepared for the original CUP, the
shopping center and its uses will not significantly impact traffic patterns around the site
Specifically, that according to a Traffic Study prepared, the intersection of Hawthorne Blvd. and
Palos Verdes Drive West is operating at an excellent condition, which was calculated on a
volume over capacity (v/c) ratio. That the applicant has indicated that there will be 4 -dally
classes during the week and 2 -daily classes on Saturday during the initial opening period when
the Studio is first opened. The applicant has also indicated that her long-term goal was to add 1
class per day to the schedule, thereby making 5 -daily classes in the long run of the studio
(approximately 1-2 years) According to the Traffic Study prepared, with an additional 5-10
students five (5) times a day, the studio will not increase traffic or significantly affect the
sufficiency of surrounding streets and highway traffic.
Section 4: That the adjacent residential and commercial properties will not be
adversely affected by the proposed use on the subject lot The proposed use will not create
additional noise or traffic and will be located entirely inside the mixed-use office/retail building on
the subject lot. The applicant will use very soft and monotone music for the daily classes, which
will not be heard outside of the said unit. In addition, the adjacent property to the south and
west is located on the opposite side of where the Pilates studio is proposed and will clearly not
be affected The adjacent properties to the north are located upslope at a height differential of
approximately 30-60- feet and will not be affected visually or through additional noise produced
by the Pilate's Studio. Further, the applicant is not proposing classes late into the evening
hours as the last class offered will end at 7 p.m., which is within the hours permitted by the
original Conditional Use Permit for the shopping center.
Section 5: That the Pilates based health/fitness studio will not be contrary to the
General Plan. In this particular area of the City, there are currently no health or fitness studios
to be found in the Commercial Neighborhood zoning designation areas The applicant will be
providing a service to the community that is not readily available at the moment to the citizens
on the west side of the City Furthermore, with restaurants nearby, a school, and daily services
existing in the shopping center, the proposed studio will tie in nicely with everyday activities of
residents in the City, since classes are only 55 -minutes in length
Section 6: That the subject property is not within an overlay control district
Section 7: That a Mitigated Negative Declaration was prepared for the original
Conditional Use Permit for the Golden Cove Shopping Center, which included many mitigation
measures to avoid significant adverse impacts to the environment and its citizens That all
P.C. Resolution No 2002-28 5
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that may visit the studio after approval is given Finally, the shopping center with the proposed
studio will still continue to provide the necessary safeguards to protect the health, safety and
general welfare of the public
Section 8: Any interested person may appeal this decision or any portion of this
decision to the City Council. Pursuant to Section 17 02.040.0 1.j of the Rancho Palos Verdes
Municipal Code, any such appeal must be filed with the City, in writing, and with the appropriate
appeal fee, no later than fifteen (15) days following the date of the Planning Commission's final
action
Section 9: For the foregoing reasons, and based on the information and findings
included in the Staff Report, Minutes and other records of proceedings, the Planning
Commission of the City of Rancho Palos Verdes hereby approved, with conditions, Revision "B"
to Conditional Use Permit No 206 {Case No ZON2002-00342} for a Pilates based
health/fitness studio use located within the Golden Cove shopping complex.
AYES Commissioners Cote, Duran Reed, Lyon, Mueller, Tomblin, Vice Chair Long
NOES. None
ABSTENTIONS None
ABSENT Chairman Cartwright
JQr�.�o Jon S. Cartwright,
GQ rV (GeChairman
Joel otas, AIUP Dire or of PlaUnig, Building and Code Enforcement, and,
e tary to thanning Commission
P C Resolution No 2002 S
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Exhibit "A"
Conditions of Approval
Revision "B" to Conditional Use Permit No. 206
(Case No. ZON2002-00342)
1. The applicant/property owner shall submit to the City a statement, in writing that they have
read, understand and agree to all conditions of approval listed below. Failure to provide said
written statement within ninety (90) days of the effective date of approval shall render this
approval null and void.
2. The approval shall become null and void after 180 days from the date of approval unless the
approved plans are submitted to the Building and Safety Division to initiate the "plan check"
review process.
3. The scope of work approved under the Conditional Use Permit Revision "B" (Case No.
ZON2002-00342) is for a Pilates based health/fitness studio to be located in Unit #229 on
the second floor of the mixed-use retail/office building located within the center. The
Director of Planning, Building and Code Enforcement is authorized to make minor
modifications to the approved plans and any conditions of approval if such modifications will
achieve substantially the same results as would strict compliance with the approved plans
and conditions. Otherwise, any substantive change shall require approval of an amendment
to Conditional Use Permit No. 206 by the Planning Commission.
4. Said use shall conform to the specific standards contained in these conditions of approval
or, if not addressed herein, in the CN district development standards of the City's Municipal
Code.
5. Failure to comply with and adhere to all of these conditions of approval may be cause to
revoke the approval of the project by the Planning Commission after conducting a public
hearing on the matter.
6. In the event that any of these conditions conflict with the recommendation and/or
requirements of another permitting agency or City Department, the stricter standard shall
apply.
7. All of the mitigation measures and conditions of approval set forth in the original Conditional
Use Permit No. 206 shall remain in full force and affect.
8. Permitted hours of construction are 7:00 a.m. to 7:00 p.m. Monday through Saturday. No
work is permitted on Sundays or legal holidays.
9. This approval shall be valid until the time that the Pilates studio (Ofie's Elite Physiques)
vacates the site or their lease is terminated.
10. The Pilates studio shall be limited to utilizing and operating within unit #229 of 31244 Palos
Verdes Drive West.
11. The applicant shall be responsible for verifying that all requirements from other Departments
and/or agencies are complied with.
P.C. Resolution No. 2002-28.5
Exhibit A
Page 1 of 2
12. The hours of operation for the studio are limited from 7 a.m. — 8:30 p.m. Monday thru
Saturday, with no classes on Sunday.
13. All noise generated by the studio shall not exceed a maximum level of sixty-five (65dBA)
decibels. Six (6) months after the day of the first class, a certified noise consultant,
commissioned by the City, shall monitor noise levels generated from the studio during the
morning and evening hours of the studio for compliance with the maximum noise level of
sixty-five (65dBA) decibels.
14. All employees of the studio shall park at the rear (behind) of the two-story shopping complex
between the building and the Villa Rosa condominiums. No employee parking is permitted
elsewhere on the lot, specifically, the stalls located in front of the two-story complex.
15.A maximum of five (5) sessions per day are allowed Monday — Friday with a maximum of
three (3) sessions on Saturday. There are no sessions proposed for Sunday.
16. The classes being offered shall be Pilates based health/fitness classes, and not weight
training, martial arts and/or classes that will generate excessive noise. No instruction shall
be allowed to occur outside of unit#229 on the balcony area.
17. The applicant shall ensure that students do not wait or linger in the hallways of the complex
or disturb the existing tenants lactated in the building.
18. The approval of the Conditional Use Permit is granted to the applicant (Pilates Studio —
Ofie's Elite Physiques), and shall not be transferred to another organization, group, etc.
19. If the applicant wishes to substantially modify the number of classes offered, the number of
students enrolled, the activities within and/or the hours of operation, a revision to the CUP is
required.
20. No signs are approved with this permit. Any request for signage shall be reviewed and
approved by the City of Rancho Palos Verdes prior to the installation of any sign.
P.C. Resolution No. 2002-28.5
Exhibit A
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