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PC RES 2019-008 P.C. RESOLUTION NO. 2019-08 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING, WITH CONDITIONS, A CONDITIONAL USE PERMIT TO ALLOW BODY ONE FITNESS TO OPERATE A FITNESS STUDIO, 6 DAYS A WEEK, WITHIN AN EXISTING 2,000FT2 UNIT ON THE FIRST LEVEL OF THE TERRACES SHOPPING CENTER LOCATED AT 28901 WESTERN AVENUE (PLCU2OI 8-0008). WHEREAS, on February 6, 2019, Greg James of McKently Malak Architects (Applicant) submitted, on behalf of Body One Fitness, an application for a Conditional Use Permit requesting approval to operate a fitness studio 6 days a week within an existing 2,000ft2 unit on the first level of the Terraces shopping center; and, WHEREAS on March 6, 2019, Staff completed an initial review of the development application and deemed the application incomplete. After several resubmittals of revised plans and additional information, Staff deemed the application complete for processing on April 22, 2019, setting the action deadline to June 21, 2019; and, WHEREAS, on April 25, 2019, a public notice was mailed to property owners within a 500' radius of the project site and published in the Palos Verdes Peninsula News. Staff received no comments in response to the public notice; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA). Categorical Exemptions are projects which have been determined not to have a significant effect on the environment and have been exempted from the requirements of the CEQA. Section 15301(a) (Existing Facility) allows for minor improvements to existing facilities such as interior partitions, plumbing, and electrical conveyances. The use will occupy an existing 2,000ft2 unit within the Terrace shopping center and will undergo interior tenant improvements; and, WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos Verdes Municipal Code, the Planning Commission held a duly-noticed public hearing on May 14, 2019, at which time all interested parties were given an opportunity to be heard and present evidence. NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: That the proposed project is a request to operate a Body One Fitness Studio franchise within a 2,000ft2 unit on the first level (street level) of the Terraces shopping center. The Body One business will operate high intensity indoor group fitness classes serving up to 15 customers per class, 6 days a week, between the hours of 5:00am and7:30pm Monday through Friday, and 7:00am and 12:00pm Saturday. Section 2: The Planning Commission finds that the Conditional Use Permit(CUP) for Body One Fitness Studio to operate a fitness studio is warranted based on the following findings: A. The site is adequate in size and shape to accommodate the proposed Body One Fitness Studio since it will occupy an existing 2,000ft2 unit on the first level of the Terrace's shopping center that will not require physical changes to the exterior of the shopping center. The proposed use will not alter existing setbacks, nor will the use trigger new fencing, landscaping, lighting, or other site-related improvements. Based on an updated parking demand, the proposed use will require a total of 12 parking spaces, increasing the parking demand to 769 of the available 783 parking spaces. As there continues to be a weekday surplus of 14 parking spaces and a weekend surplus of 225 parking spaces, the shopping center has adequate number of parking to accommodate the proposed use during peak weekdays and weekends. B. The site for the proposed use relates to streets and highways sufficient to carry the type and quantity of traffic generated by the proposed use. The proposed Body One Fitness Studio will be located within an existing unit that was previously occupied by a Taekwondo studio, which vacated in 2013 and has remained vacant since. In terms of traffic, the proposed fitness studio is expected to generate similar traffic levels as the previous Taekwondo studio in that both businesses are similar fitness uses. As Body One Fitness Studio is proposing to lease only 2,000ft2 of the former 4,000ft2 unit occupied by the Taekwondo studio, the proposed fitness studio will result in a reduced level of traffic generation, given the smaller leasing area. C. In approving the subject use, there will be no significant adverse effect on adjacent property or the permitted use thereof. There will be no additional aesthetic, land use, traffic, or other impacts onto the neighboring properties as the proposed use is similar to the former Taekwondo studio in the same general tenant space. The amplified music used for each class will be contained within the interior of the space and will not impact the adjacent residential properties, which are at least 300' away and 64' higher in elevation. The proposed use may support and enhance some of the other establishments with new patrons, benefitting the overall shopping center. D. The proposed Body One Fitness Studio is not contrary to the General Plan because the site is designated for commercial use, and the proposed use is permitted in the Commercial General (CG) zoning district with an approval of a CUP. E. The Terraces shopping center is not within an overlay control district. F. Conditions regarding any of the requirements, which the Planning Commission finds to be necessary to protect the health, safety and general welfare, have been added. Specifically, the following conditions are included P.C. Resolution No. 2019-08 Page 2 of 4 as reflected in Exhibit "A" of this Resolution: • All tenant improvements shall be permitted and inspected by the City's Building and Safety Division. • City approvals shall be required for all new signs. • Hours of Operation shall be limited to 5:OOam-7:30pm Monday through Friday and 7:OOam-12:OOpm Saturday. • Amplified sound shall be contained within the interior of the unit, and the Director shall monitor and make necessary adjustments to the noise levels within 30 days of operation. • Parking shall be limited to 12 spaces. • Each class shall be limited to 15 customers. • All existing conditions of approval for the general operation of the shopping center shall remain in full force and effect. • The operation of the Body One fitness studio and its compliance with the City's conditions of Approval shall be subject to an annual compliance review by the Planning Commission after one year of operating. Section 3: Any interested person aggrieved by this decision or by any portion of this decision may appeal to the City Council. The appeal shall set forth in writing, the grounds for appeal and any specific action being requested by the appellant. Any appeal letter must be filed within 15 calendar days of the date of this decision, or by 5:30 p.m. on Thursday, May 30, 2019. A$2,275.00 appeal fee must accompany any appeal letter. If no appeal is filed timely, the Planning Commission's decision will be final at 5:30 p.m. on Thursday, May 30, 2019. Section 4: Any challenge to this Resolution and the findings set forth therein, must be filed within the 90 day statute of limitations set forth in Code of Civil Procedure §1094.6 and Section 17.86.100(B) of the Rancho Palos Verdes Municipal Code. Section 5: 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 adopts P.C. Resolution No. 2019- 08, approving a Conditional Use Permit to allow Body One Fitness to operate a fitness studio, 6 days a week, within an existing 2,000ft2 unit on the first level of The Terraces shopping center, subject to the Conditions of Approval contained in the attached Exhibit «A " P.C. Resolution No. 2019-08 Page 3 of 4 PASSED, APPROVED, AND ADOPTED this 14th day of May 2019, by the following vote: AYES: COMMISSIONERS JAMES, NELSON, PERESTAM, SANTAROSA, VICE CHAIRMAN LEON, AND CHAIRMAN BRADLEY NOES: NONE ABSTENTIONS: NONE RECUSALS: NONE ABSENT: COMMISSIONER SAADATNEJADI David Bradley Chairman Ara Y r. A ICP Director of Community Development; and, Secretary of the Planning Commission P.C. Resolution No. 2019-08 Page 4 of 4